HomeMy WebLinkAbout2024.03.18 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, March 18, 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 March 4th and March 18th
To approve the minutes of the Pasco City Council Regular Meeting
and Regular Workshop held on March 4, 2024 and March 11, 2024
respectively.
18 - 20 (b) Bills and Communications - Approving Claims in the Total
Amount of $9,531,077.34 and Write-off Totaling $ 81,763.00 in
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delinquent bad debt
To approve claims in the total amount of $9,531,077.34
($7,158,295.90 in Check Nos.262339 - 262712; $1,044,324,04 in
Electronic Transfer Nos. 845400 - 845401, 845410 - 845418;
$47,866.35 in Check Nos. 54674 - 54685; $1,280,591.05 in
Electronic Transfer Nos. 30204672 - 30205337.
To approve bad debt write-off for accounts receivable including Utility
Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous
Accounts in the total amount of $81,763.00 and, of that amount,
authorize $81,763.00 to be turned over for collection.
21 - 56 (c) Resolution No. 4432 - RH2 Engineering, Inc., for Professional
Services Agreement for Water System Plan
To approve Resolution No. 4432, authorizing the City Manager to
execute a Professional Services Agreement with RH2 Engineering for
the Water System Plan.
57 - 78 (d) Resolution No. 4433 - Change Order No. 2 Approval for Process
Water Reuse Facility Phase 2 Improvements
To approve Resolution No. 4433, authorizing the City Manager to
execute Change Order No. 2 with Tapani, Inc. for the Process Water
Reuse Facility Phase 2 Winter Storage Pond Improvements Project.
79 - 88 (e) Resolution No. 4434 - Project Acceptance for East UGA
Expansion Sewer Local Improvement District No. 152 Phase 2
Project
To approve Resolution No. 4434, accepting work performed by
Tapani, Inc. under contract for the East UGA Expansion Sewer LID
152: Phase 2 Project.
89 - 110 (f) Resolution No. 4435 - Memorandum of Agreement Adding Police
Lieutenant Classification to Pasco Police Commanding Officers
Association Collective Bargaining Agreement
To approve Resolution No. 4435, acceptance of a Memorandum of
Understanding between the City of Pasco and the Pasco Police
Commanding Officers Association adding Police Lieutenant
classification to the 2023-2024 Collective Bargaining Agreement.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
6. PUBLIC COMMENTS - The public may address Council on any items
unless it relates to a scheduled Public Hearing. This item is provided to
allow the opportunity to bring items to the attention of the City Council or to
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express an opinion on an issue. Its purpose is not to provide a venue for
debate or for the posing of questions with the expectation of an immediate
response. Some questions require consideration by Council over time and
after a deliberative process with input from a number of different sources;
some questions are best directed to staff members who have access to
specific information. Citizen comments will normally be limited to three
minutes each by the Mayor. Those with lengthy messages are invited to
summarize their comments and/or submit written information for
consideration by the Council outside of formal meetings. Lastly, when called
upon, please state your name and city or county residency into the
microphone before providing your comments.
7. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
111 - 119 (b) District Policing Model Presentation
8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
120 - 172 (a) *Q Ordinance No. 4709 - Valley View Rezone from R-3 with
Concomitant Agreement to R-3 (Z 2023-015)
MOTION: I move to adopt Ordinance No. 4709, amending the zoning
classification of certain real property located on the south side of
Aintree Drive between Aintree Lane and Ladbroke Lane, Pasco,
Franklin County, Washington, from R-3 (Medium-Density Residential)
with a Concomitant Agreement to R-3 (Medium-Density Residential),
and further, authorize publication by summary only.
173 - 202 (b) Resolution No. 4436 - Third Amended & Restated Interlocal
Agreement for Benton County Emergency Services Adding
Franklin County
MOTION: I move to approve Resolution No. 4436, authorizing the
City Manager to execute a Third Amended and Restated Interlocal
Agreement for Benton County Emergency Services.
203 - 208 (c) Resolution No. 4437 - Settlement Agreement for Lewis Place,
LLC Purchase
MOTION: I move to approve Resolution No. 4437, approving the
Mutual Release and Settlement Agreement with Lewis Place LLC;
and further, authorize the City Manager to execute the participation
form and allocation agreement.
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10. UNFINISHED BUSINESS
209 - 237 (a) Q Ordinance No. 4671 - Lewis Place, LLC for Jefferson Landing
Rezone R-1-A to R-4 (Z 2022-013)
MOTION: I move to adopt Ordinance No. 4671, amending the zoning
classification of certain real property located along Heritage
Boulevard between East Lewis Street and East “A” Street, Pasco,
Franklin County, Washington, from R-1-A to R-4, and further,
authorize publication by summary only.
11. NEW BUSINESS
12. MISCELLANEOUS DISCUSSION
13. EXECUTIVE SESSION
14. ADJOURNMENT
15. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
238 - 239 (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 239
AGENDA REPORT
FOR: City Council March 13, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 3/18/24
FROM: Debra Barham, City Clerk
City Manager
SUBJECT: Approval of Meeting Minutes for March 4th and March 18th
I. REFERENCE(S):
03.04.2024 and 03.11.2024 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 March 4, 2024 and March 11, 2024 respectively.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
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MINUTES
City Council Regular Meeting
7:00 PM - Monday, March 4, 2024
Pasco City Hall, Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:01 PM by Pete Serrano, Mayor.
ROLL CALL
Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa
Blasdel, Charles Grimm, Peter Harpster, and Leo Perales
Councilmembers attending remotely:
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; Sara Matzen, Human Resources 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.
CONSENT AGENDA
Approval of Meeting Minutes for February 20th, 26th and 29th
To approve the minutes of the Pasco City Council Regular Meeting held on
February 20, 2024, the Regular Workshop held on February 26, 2024, and
Community Listening Session held on February 29, 2024.
Bills and Communications - Approving Claims in the Total Amount of
$3,616,476.76 and Write-off Totaling $ 29,549.00 (delinquent bad debt
$29,549.00)
To approve claims in the total amount of $3,616,476.76 ($2,935,543.67 in Check
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Nos. 262071 - 262338; $107,707.59 in Electronic Transfer Nos.844851 - 845124,
845141 - 845214, 845251: $25,138.77 in Check Nos. 46494 - 46516;
$548,086.73 in Electronic Transfer Nos. 30066369 - 30068827).
To approve bad debt write-off for accounts receivable including Utility Billing,
Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the
total amount of $29,549.00 and, of that amount, authorize $29,549.00 to be
turned over for collection.
Resolution No. 4424 - Approval of Ecology Loan #WQC-2024-Pasco-00007
for Construction of WWTP Phase 2 Improvements
To approve Resolution No. 4424, authorizing execution of the $26.3M Loan
Agreement with The Department of Ecology for the Construction of the Waste
Water Treatment Plant (WWTP) Improvements Phase 2 Project.
Resolution No. 4425 - Approval of Ecology Loan #WQC-2024-Pasco-00091
for Construction of PWRF Phase 2 Improvements
To approve Resolution No. 4425, authorizing execution of the $35M Loan
Agreement with The Department of Ecology for the Process Water Reuse Facility
Phase 2 Improvements.
Resolution No.4426 - Ratification of Acquisition of USBR Parcel No.
113140039
To approve Resolution No. 4426, ratifying the purchase of land from the United
States Department of the Interior Bureau of Reclamation (USBR) via contract no.
23-07-166-L6625 for Parcel No. 113140039.
Resolution No. 4427 - Sole Source for Caustic Soda Purchase
To approve Resolution No. 4427, waiving the competitive bidding requirements
and approving the purchase of Sodium Hydroxide 50% Solution (Caustic Soda)
from Northstar Chemical, Inc. for the City of Pasco Wastewater Treatment Plant.
Resolution No. 4428 - Supplement No. 1 with HDR, Inc. for Sylvester Street
Safety Improvements
To approve Resolution No. 4428, authorizing the City Manager to execute
Supplemental No. 1 with HDR Engineering, Inc., for construction management
support services for the Sylvester Street Safety Improvements project.
Resolution No. 4429 - Purchase of Arizon Pool Air Dome System
To approve Resolution No. 4429, authorizing the City Manager to execute and
sign a purchase agreement with Arizona Structures Worldwide, LLC for the
purchase of an Air Dome System for Memorial Pool.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Harpster
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(RC) MOTION: I move to approve the Consent Agenda as read.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
PUBLIC COMMENTS
Felix Vargas, Pasco resident, commented on the Lewis Street underpass and
requested that it be kept open as a historic site.
Mike Miller, owner of Moon Security, expressed gratitude to Pasco Fire Department
staff for assisting him recently. He also commented on the Downtown Development
Authority (DPDA) noting that he was the Board President in 2015 and he did not
embezzle funds from that organization.
Katelyn Ashland, Kennewick, WA resident, commented on the Israel and Gaza
conflict and encouraged Pasco to place pressure on the federal government by
passing a resolution against it.
Valorie Torres, Lewis Street Tire & Torres Auto Repair owner and representative for
the nearby business owners, expressed concern related to the loss of business due to
the closure of Lewis Street for two-months. She requested that work be done at night
and possible compensation to those businesses for their loss of income.
Pedro, Pasco downtown business owner, expressed concern about the the loss of
business due to the closure of the Lewis Street closure. He requested some type of
mitigation for the loss of income.
Biddy, Studio 41 staff member, stated that her business has reduced due to the street
closure.
Blanca Garcia, Pasco Downtown business and building owner, expressed concern for
covering her expenses during the closure of Lewis Street.
Downtown Pasco business owner (name not provided), located in the Plaza next to
the construction site, expressed concern of the loss income due to the Lewis Street
closure and is seeking help from the City.
Sylvia Howland, Kennewick, WA resident, commented on the Israel and Gaza conflict
and encouraged Pasco to place pressure on the federal government by passing a
resolution against genocide.
Rebecca Ortiz, Plaza area business owner, expressed concern of the loss income
due to the Lewis Street closure and is seeking help from the City.
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Jose Tagus, Pasco downtown business owner, expressed concern of the loss income
due to the Lewis Street closure and is seeking help from the City.
Mayor Serrano asked staff to provide an explanation of what has been done and is
currently being done to alleviate the concerns brought to Council from the business
owners.
Ms. Serra introduced Michael Uhlman, PE, HLA Project Manager, who recapped the
communications associated with the design up through the current construction of the
Lewis Street Overpass project. He provided a PowerPoint presentation to accompany
his recap. He noted that the final design plans for the Lewis Street Overpass will
include a greenway (park-like) area to promote an inviting feel to the area. He stated
that met with the business owners recently and as a result, additional signage has
been placed out on the street to assist those business owners notifying the public that
they are open for business. He discussed possible additional mitigation alternatives
such as: night work, speed up contract work with closures, alternative access (alley
access, designative parking area for businesses) and increased project
communication with property owners. Mr. Uhlman also reiterated the past outreach
efforts made from 2018 through 2023.
Mr. Perales commented on the signage and detour routes for the businesses. He
mentioned that other Cities set funding aside to help mitigate street closures with area
businesses.
David Cortinas, Latin Business Association representative, commented on the Lewis
Street closure and expressed concern of the business owners located in that area. He
encouraged the City to provide additional signage, change the detour streets to better
accommodate those businesses, suggested the use ARPA funding and night
construction.
Al, of Al's Automotive Repair, noted that the new signage was located within the
closed signs, out of the public's view.
Valorie Torres noted that the new signs were placed on Tuesday after she reached
out for help.
Thomas Granbois, Pasco downtown business owner and DPDA Board member,
commented on the DPDA issues and the 2022 presentation.
Maria Rangel, Pasco downtown business owner, requested assistance during the
construction of and closure of Lewis Street.
Mayor Serrano expressed appreciation the Pasco business owners for coming to the
meeting and stated that the City is working on addressing their issues.
Stephen Bauman, Franklin County resident, distributed a letter from the Pasco School
District related to Jubilee Foundation's request for deferred payment of school impact
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fees.
Amber Bruce, Pasco resident, requested a resolution from Council to defame the hate
crimes against Muslim and Jewish individuals related to the Israel and Gaza conflict.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Mr. Grimm commented on the first Community Listening Session and Pasco
Resource Recover Center event that he recently attended.
Mr. Harpster commented on the recent Leadership Tri-Cities luncheon.
Ms. Barajas reported on the second Community Listening Session and she also
commented on the Pasco Resource Recover Center event.
Mayor Pro Tem Milne commented on the Community Listening Session and the
recent Read Across America event hosted by the Pasco School District.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Ordinance No. 4708 & Resolution No. 4430 - Budget Amendment and
Purchase Authorization for A Street Sports Complex Phase 1.5 - Sports
Field Lighting
Mr. Rice provided a brief overview of the report he gave to Council at their
February 26, 2024, Workshop. He requested adoption of the budget adjustment
and purchase for field lighting at the A Street Sports Complex.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Harpster
to adopt Ordnance No. 4708, amending the 2023-2024 Biennial Capital
Projects Budget (Ordnance No. 4620), By approving supplement thereto; to
provide additional appropriation in the City's Park Development Fund,
Community Park Division and, further, authorize publication by summary only.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve Resolution No. 4430, authorizing the City Manager to execute a
purchase agreement with Musco Sports Lighting, LLC for the purchase and
installation of field lighting at the A Street Sports Complex.
RESULT: Motion carried unanimously 7-0
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AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
Resolution No. 4431 - Setting a Public Hearing for Pasco School District No.
1 Orion High School Right-of-Way Vacation (VAC 2023-003)
Mr. Gonzalez provided a brief report on Pasco School District's request for a right-
of-way vacation from the and recommended that Council set the Public Hearing
date for this item.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Harpster
to approve Resolution No. 4431, setting 7:00 p.m., Monday, April 1, 2024, as
the time and date for a public hearing to consider the vacation of a portion of
East Salt Lake Street right-of-way in Blocks 20 and 21 of Frey's Addition to
Pasco, Washington
RESULT: Motion carried unanimously 7-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
MISCELLANEOUS DISCUSSION
Mr. Lincoln reported that $4.4M, for the Pasco Water Reuse Facility, is currently
slated in the State's preliminary budget.
Ms. Blasdel to wanted to make a motion bring the Cable Bridge Lighting forward for
action.
Council and Mr. Ferguson discussed the reason, purpose and goal of bring the Cable
Bridge Lighting interlocal agreement forward and the process to achieve the action
Ms. Blasdel is seeking.
Pending Resolution No. 4422 - Interlocal Agreement for Cable Bridge LED
Lighting System
MOTION: Councilmember Barajas moved, seconded by Councilmember
Perales to bring the proposed Interlocal Agreement for the Cable Bridge
Lighting (previously discussed at the February 12th Workshop and presented
for approval at February 20th Meeting by Resolution No. 4422) back for
approval tonight.
RESULT: Motion carried 6-1
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
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Harpster, and Councilmember Perales
NAYS: Councilmember Grimm
MOTION: Councilmember Blasdel moved, seconded by Councilmember
Perales to approve the Interlocal Agreement (by Resolution No. 4422) for the
Cable Bridge LED Lighting
RESULT: Motion carried 6-1
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Harpster, and Councilmember Perales
NAYS: Councilmember Grimm
MISCELLANEOUS DISCUSSION CONTINUED
Mr. Perales made a motion related to the businesses affected by the closure of Lewis
Street.
Lewis Street Businesses Affected by Lewis Street Closure due to
Construction of Lewis Street Overpass
MOTION: Councilmember Perales moved, seconded by Mayor Serrano to
direct staff to investigate the City's ability to allocate funding to provide
businesses impacted by the Lewis Street Overpass construction project some
relief.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
MISCELLANEOUS DISCUSSION CONTINUED
Ms. Barajas commented on the business owners concerns and about some
misinformation they received. She asked that the public always ask for identification
from the individuals stating that they are representatives of the City of Pasco.
Mr. Grimm expressed thanks to the members of the community for coming to the
Council meeting and he commented on their concerns.
Mr. Harpster thanked Ms. Torres for interpreting during the public comments section
of the meeting. He asked staff to look at the Pasco School District letter received
during the Public Comment period.
Mr. Gonzalez stated that staff contacted the Pasco School District regarding the
request for a deferral of school impact fee. He noted that the City is a facilitator
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between the Pasco School District and entity asking for the school impact fee deferral.
The City needs to receive confirmation from the PSD confirming they approve the
deferral. This is the first time this situation has occurred and the City and the PSD are
in the process of developing a formal process to address this type of request and
action.
Mr. Harpster commented on Council providing public comments during Council
Workshops.
Mr. Ferguson stated that this item was slated for the upcoming Council Retreat.
Mr. Milne echoed Mr. Grimm's comments related to businesses located on the closed
section of Lewis Street.
Mr. Grimm also commented on providing public comment during Council Workshops.
Public Comments in Council Workshops
Mr. Harpster made a motion to add public comments section to Workshop
meetings starting next week. It seconded by Mr. Perales.
Mr. Ferguson stated that the Council Workshop agenda is detailed in the Pasco
Municipal Code and in order to change it, it would need to come back for
Council's consideration in the form of an ordinance. Staff will need to have time to
prepare it if that is the direction that Council wants to take.
After clarification on how public comments could be added to the Council's
Workshop agenda, Mr. Harpster rescinded his motion and requested it be
discussed at the Council Retreat
RECESS
Mayor Serrano call for a three-minute (3-minute) recess at 8:52 PM.
CLOSED SESSION
Council adjourned into Closed Session at 8:55 PM for five minutes, or until 9:00
PM, to discuss Collective Bargaining Unit Negotiations per RCW 42.30.140(4)(a)
with the City Manager, Human Resources Director, and City Attorney.
Mr. Harpster left the Closed Session at 8:56 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:00 PM.
PASSED and APPROVED this ____ day of ________________, 20__.
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APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
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MINUTES
City Council Workshop Meeting
7:00 PM - Monday, March 11, 2024
Pasco City Hall, Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Pete Serrano, Mayor.
ROLL CALL
Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa
Blasdel, Charles Grimm, Peter Harpster, and Leo Perales
Councilmembers attending remotely:
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; Brent
Cook, Deputy 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
Mr. Harpster commented on the Pasco Chamber of Commerce business meeting
luncheon held earlier in the day and highlighted that the state legislators have secured
over $10M for the City of Pasco.
Mr. Grimm commented on the Seventh Day Adventist Pasco - Food Distribution
Center located in his Council Distinct.
Ms. Blasdel reported on the Pasco Police Department's Active Threat Training held at
at recent Business Watch meeting.
Mayor Pro Tem Milne reported on the Pasco School District (PSD) Skills & Technical
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Advisory Committee Committee and the COPA meetings he recently attended.
Ms. Barajas commented on the recent COPA meeting and announced the June 2024
event hosted by COPA.
ITEMS FOR DISCUSSION
Resolution - RH2 Engineering, Inc., for Professional Services Agreement for
Water System Plan
Ms. Serra provided a brief report on the proposed Professional Services
Agreement (PSA) for the Water System Plan with RH2 Engineering, Inc.
Council and Ms. Serra briefly discussed the Water System Plan.
Resolution - Project Acceptance for East UGA Expansion Sewer Local
Improvement District No. 152 Phase 2 Project
Ms. Serra provided a brief report on the proposed Phase 2 East Urban Growth
Area (UGA) Sewer Local Improvement District (LID) No. 153 project acceptance.
Resolution - Change Order No. 2 Approval for Process Water Reuse Facility
Phase 2 Improvements
Ms. Serra provided a brief report on the proposed second change order for the
Process Water Reuse Facility (PWRF) project.
Mr. Grimm commented on the PWRF project placing Pasco at the cutting edge for
food processing and agriculture.
MISCELLANEOUS COUNCIL DISCUSSION
Ms. Sigdel briefed Council on the Lewis Street Overpass project related to possible
financial assistance, grants and an enhanced marketing campaign for businesses
affected by the closure of a portion of Lewis Street. She stated that weekly meetings
with the Pasco downtown businesses was arranged, of which the first meeting was
held on March 7th at Lewis Street Tire Company.
Ms. Sigdel stated that staff was seeking Council direction related to these policy
decisions, which included financial assistance, nighttime construction and expand
advertising.
Council and Ms. Sigdel continued to discuss the various options she presented.
Mr. Harpster requested a detailed report on the businesses financial loss.
Mayor Serrano recapped on the discussion and directed staff to move forward on
investigating funding from CDBG funds, provide a report on the financial losses those
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businesses have incurred due to the street closure, and continue marketing efforts
and possibly expand advertising to ensure the public knows that those businesses are
open for business.
Mr. Grimm stated that he and Mr. Perales met with staff regarding the Water Rights
issue and reasonable recommendations to resolve this issue will come back before
Council.
Ms. Barajas expressed thanks to the Pasco Fire and Police Departments related to
recent fire.
Fire Chief Crowley announced the Pasco Fire Department was issued a Protection
Class 3 status and helps keep insurance premiums lower. Chief Crowley also
announced that Fire Captain & Medical Officer Chris Mortensen was selected as the
new Deputy Fire Chief, which will go into effect at the end of the month.
RECESS
Mayor Serrano called a four (4) minute recess at 8:17 PM.
EXECUTIVE SESSION
Council adjourned into Executive Session at 8:21 PM for 15 minutes returning at
8:36 PM to discuss with legal counsel about current or potential litigation per
RCW 42.30.110(1)(i) with the Deputy City Manager, Aspect Consulting Senior
Principal Water Resources Engineer Dan Haller, and City Attorney.
Mayor Serrano called the meeting back to order at 8:36 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:36 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
Page 3 of 3Page 17 of 239
AGENDA REPORT
FOR: City Council March 14, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 3/18/24
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: Bills and Communications - Approving Claims in the Total Amount of
$9,531,077.34 and Write-off Totaling $ 81,763.00 in delinquent bad debt
I. REFERENCE(S):
Accounts Payable 02.29.24 to 03.13.24
Bad Debt Write-off/Collection 02.29.24 to 03.13.24
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $9,531,077.34 ($7,158,295.90 in
Check Nos. Transfer Electronic in 262712; - Nos.262339 $1,044,324,04
845400 - 845401, 845410 - 845418; $47,866.35 in Check Nos. 54674 - 54685;
$1,280,591.05 in Electronic Transfer Nos. 30204672 - 30205337.
To approve bad debt write-off for accounts receivable including Utility Billing,
Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the
total amount of $81,763.00 and, of that amount, authorize $81,763.00 to be
turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 18 of 239
REPORTING PERIOD:
March 18, 2024
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 262339 - 262712 54674 - 54685
Total Check Amount $7,158,295.90 $47,866.35 Total Checks 7,206,162.25$
Electronic Transfer Numbers 845400 - 845401 30204672 - 30205337
845410 - 845418
Total EFT Amount $1,044,324.04 $1,280,591.05 $0.00 $0.00 Total EFTs 2,324,915.09$
Grand Total 9,531,077.34$
Councilmember B
100 1,539,167.71
110 16,410.55
140 2,608.03
145 3,872.92
150 104,947.27
160 530.08
165 2,520.29
168 52,413.59
170 1,105.02
180 1,127.10
188 36,994.70
190 2,097.65
191 27,083.34
194 15,434.25
195 1,312.14
196 HOTEL/ MOTEL EXCISE TAX 15,134.80
367 1,301,769.57
410 3,661,962.56
510 88,813.43
511 13,653.45
515 252,078.70
520 160,929.62
630 4,182.00
690 2,224,928.57
GRAND TOTAL ALL FUNDS:9,531,077.34$
FLEX
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
REVOLVING ABATEMENT
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
Councilmember A
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
18th day of March, 2024 that the merchandise or services hereinafter specified have been received and are approved for payment:
February 29 to March 13, 2024
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
The City Council
Page 19 of 239
BAD DEBT WRITE-OFF/COLLECTION
March 13, 2024
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
Write-off Collection W
Utility Billing $ - -
Ambulance $ - -
Code Enforcement $ -
81,763.00
Cemetery $ - -
General $ - -
Miscellaneous $ - -
TOTAL: $ -
81,763.00
Page 20 of 239
AGENDA REPORT
FOR: City Council March 4, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 3/18/24
FROM: Maria Serra, Interim Director
Public Works
SUBJECT: Resolution No. 4432 - RH2 Engineering, Inc., for Professional Services
Agreement for Water System Plan
I. REFERENCE(S):
Resolution
Professional Services Agreement (PSA)
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:City the authorizing 4432, No. approve to move I Resolution
Manager to execute a Professional Services Agreement with RH2 Engineering
for the Water System Plan.
III. FISCAL IMPACT:
$427,000.00 Water Fund 411 (MN).
IV. HISTORY AND FACTS BRIEF:
The City owns and operates a municipal water system for domestic use. The
raw water supply for this system is supplied by two surface water intakes in the
Columbia River. Two water treatment plants, associated pumping stations,
reservoirs, and pipelines form the remainder of the City’s municipal system.
The current Water System Plan (WSP) was approved by the Washington State
Department of Health (DOH) on February 16, 2019. The City is periodically
required by WAC 246-290-100 to submit an updated WSP to DOH to maintain
the right to operate the municipal water system. The approved update of the
current WSP is required by DOH on or before March 21, 2027. WAC 246-290-
100 (11) indicates that an amendment may submitted to DOH for approval at
any time, but an amendment does not alter the approval period and a complete
update will be required by the expiration date.
Page 21 of 239
On June 2, 2023, City staff met with DOH to have a Pre-plan meeting
regarding the WSP update.
The project was advertised in February 9, 2023, with Statements of
Qualifications (SOQs) due on March 6, 2023, from qualified consultants to
perform a study and update to the City’s Comprehensive Water System Plan.
The amended and updated comprehensive plan shall include updating the
City's water service area, near and long-term planning for capital improvements
and infrastructure needs based upon population and land use regulations, and
shall utilize computer-generated water system modeling to establish the basis
for the capital improvement plan.
V. DISCUSSION:
One (1) SOQ from RH2 Engineering, Inc. was submitted to the City for
consideration on March 6, 2023.
The successful development of the amended updated Water System Plan will
include, but is not limited to the following elements: Data Collection; Updated
water service area; Population and Demand Projection; System Analysis;
Water Use Efficiency; Operations and Maintenance; Capital Improvements
Plan; and Financial Analysis.
It is worth noting that the previous plan was developed with data from 2015 and
since, the UGA has been vastly expanded, demands have increased and land
uses changed. The cumulative effect of these changes have triggered the need
to develop an amendment in the most immediate term, with a formal update
following.
City Staff determined RH2 Engineering, Inc., to be a qualified consultant to
perform the required elements for integration into the WSP.
This item was presented and discussed at the March 11, 2024, the Council
Workshop meeting.
Staff recommends approval of the Personal Services Agreement with RH2
Engineering, Inc. in the amount of $427,000.00. The updated WSP will be
completed and submitted to DOH by the March 2027 deadline.
Page 22 of 239
Resolution - PSA for RH2-Water System Plan- 1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT (PSA) WITH RH2 ENGINEERING, INC FOR THE
WATER SYSTEM PLAN.
WHEREAS, the City of Pasco (City), owns and operates a municipal water system for
domestic use; and
WHEREAS, potable drinking water is regulated by the Washington State Department of
Health (WADOH); 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 a
Professional Services Agreement (PSA) with RH2 Engineering, Inc.; and
WHEREAS, the City of Pasco issued a Request for Qualifications (RFQ) related to its
need for professional services for the Comprehensive Water System Plan as required by RCW
39.80.030 on February 9, 2023; and
WHEREAS, the City of Pasco received one response from RH2 Engineering, Inc. to be
selected pursuant to RCW 39.80.040; and
WHEREAS, the City of Pasco, pursuant to RCW 39.80.050(1), negotiated a fair and
reasonable PSA with RH2 Engineering, Inc based on the estimated value of the services including
their scope, and professional nature; and
WHEREAS, the City of Pasco hereby finds that RH2 Engineering, Inc. is qualified to
perform the necessary services for the Water System Plan project and the negotiated contract is
both fair and reasonable for an amount not to exceed $427,000.00.
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 the
Professional Services Agreement and Scope of Services 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 PSA on behalf of the City of Pasco; and to
make minor substantive changes necessary to execute the PSA.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 23 of 239
Resolution - PSA for RH2-Water System Plan- 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 24 of 239
RH2 Engineering, Inc. – PSA #: 24-012
Amendment to City of Pasco’s Water System Plan
Version 01.23.24 Page 1 of 9
PROFESSIONAL SERVICES AGREEMENT
Amendment to City of Pasco’s Water System Plan
Agreement No. 24-012
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as “City”, and RH2 Engineering, Inc., hereinafter
referred to as “Consultant,” on the _______ day of _______________, 2024.
RECITALS
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
below requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills,
experience, equipment, and necessary capabilities, including: technical and professional
expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon
which the City is relying.
WHEREAS, the City has, consistent with RCW 39.80, published an announcement
related to its need for Architectural and Engineering services, evaluated Consultant’s current
performance data, and has determined that Consultant is the most highly qualified firm to
perform the Architectural and Engineering services related to the development of the Amendment
to the City’s current Water System Plan; and
WHEREAS, the City’s Public Works Director finds that the Agreement with Consultant
is both fair and reasonable in light of the duties to be performed, the Consultant’s performance
data, and the nature and complexity of the project.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
1. Scope of Services. The Consultant shall perform such services and accomplish such
tasks, including the furnishing of all labor, materials, facilities and equipment necessary
for full performance thereof, as identified and designated as Consultant’s Responsibilities
throughout this Agreement, and as more particularly described in Scope of Work detailed
in Exhibit A, attached hereto and incorporated herein (the “Project”).
2. Term. This Project shall begin on the execution date listed above and promptly be
completed by December 31, 2028.
Page 25 of 239
RH2 Engineering, Inc. – PSA #: 24-012
Amendment to City of Pasco’s Water System Plan
Version 01.23.24 Page 2 of 9
3. Compensation and Payment.
3.1 Payment for services provided hereunder shall be made following the performance
of such services. Such payment shall be full compensation for work performed or
services rendered, and for all labor, materials, supplies, equipment, and
incidentals necessary to complete the Project.
3.2 No payment shall be made for any services rendere d by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by
a written supplemental agreement approved by the City.
3.3 The City shall pay the Consultant for work performed under this Agreement upon
timely submitted invoices detailing work performed and expenses for which
reimbursement is sought. The City shall approve all invoices before payment is
issued. Payment shall occur within thirty (30) days of receipt and approval of an
invoice.
3.4 The City shall pay the Consultant for all work performed and expenses incurred
under this Agreement, as follows.
☒ Hourly (Multiple Rate): Such rates as identified on Exhibit B, plus actual
expenses incurred as provided under this Agreement, but not to exceed a
total of $426,195.00 without the prior written authorization by the City.
4. Reports and Inspections.
4.1 The Consultant at such times and in such forms as the City may require, shall
furnish to the City such statements, records, studies, surveys, reports, data, and
information as the City may request pertaining to matters covered by this
Agreement.
4.2 The Consultant shall, at any time during normal business hours and as often as the
City or the Washington State Auditor may reasonably deem necessary, make
available for examination all of its records and data with respect to all matters
covered, directly or indirectly, by this Agreement and shall permit the City, or its
designated authorized representative to audit and inspect other data relating to all
matters covered by this Agreement. The City shall receive a copy of all audit
reports made by the agency or firm as to the Consultant’s activities. The City may,
at its discretion, conduct an audit at its expense, using its own or outside auditors,
of the Consultant’s activities which relate, directly or indirectly, to this Agreement.
Consultant shall be provided a copy of such reports.
4.3 The Consultant, during the term of this Agreement, shall obtain all permits and
registration documents necessary for the performance of its work and for the
execution of services at its own expense, and shall maintain its validity. Upon
request, the Consultant shall deliver to the City copies of these licenses,
registration documents, and permits or proof of their issuance or renewal.
Page 26 of 239
RH2 Engineering, Inc. – PSA #: 24-012
Amendment to City of Pasco’s Water System Plan
Version 01.23.24 Page 3 of 9
4.4 Consultant shall maintain books, records and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
Agreement and shall maintain such accounting procedures and practices as may
be necessary to assure proper accounting of all funds paid pursuant to this
Agreement. These records shall be subject, at all reasonable times, to inspection,
review, or audit as provided above.
4.5 The Consultant shall retain all books, records, documents, or other material
relevant to this Agreement for three (3) years after its expiration. Consultant
agrees that the City, or its designee, shall have full access and right to examine any
of said materials at all reasonable times during this period.
5. Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings, and
documents made, collected, or prepared by the Consultant for performing the
services subject to this Agreement, as well as any final product, collectively referred
to as “work product,” shall be deemed as the exclusive property of the City,
including copyright as secured thereon. Consultant may not use them except in
connection with the performance of the services under this Agreement or with the
prior written consent of the City. Any prior copyrighted materials owned by the
Consultant and utilized in the performance of the services under this Agreement,
or embedded in with the materials, products and services provided thereunder,
shall remain the property of the Consultant subject to a license granted to the City
for their continued use of the products and services provided under this
Agreement. Any work product used by the Consultant in the performance of these
services which it deems as “confidential,” “proprietary,” or a “trade secret” shall be
conspicuously designated as such.
5.2 In the event of Consultant’s default, or in the event that this Agreement is
terminated prior to its completion, the work product of the Consultant, along with
a summary of the services performed to date of default or termination, shall
become the property of the City, and tender of the work product and summary shall
be a prerequisite to final payment under this Agreement. The summary of services
provided shall be prepared at no additional cost, if the Agreement is terminated
through default by the Consultant. If the Agreement is terminated through
convenience by the City, the City agrees to pay Consultant for the preparation of
the summary of services provided.
6. Public Records.
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW
“Public Records Act.” All preliminary drafts or notes prepared or gathered by the
Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or public citation by the City in connection with City action.
6.2 If the Consultant becomes a custodian of public records of the City and request for
such records is received by the City, the Consultant shall respond to the request by
the City for such records within five (5) business days by either providing the
records, or by identifying in writing the additional time necessary to provide the
records with a description of the reasons why additional time is needed. Such
Page 27 of 239
RH2 Engineering, Inc. – PSA #: 24-012
Amendment to City of Pasco’s Water System Plan
Version 01.23.24 Page 4 of 9
additional time shall not exceed twenty (20) business days unless extraordinary
good cause is shown.
6.3 In the event the City receives a public records request for protecte d work product
of the Consultant within its possession, the City shall, prior to the release of any
protected work product or as a result of a public records request or subpoena,
provide Consultant at least ten (10) business days prior written notice of the
pending release and to reasonably cooperate with any legal action which may be
initiated by the Consultant to enjoin or otherwise prevent such release.
7. Independent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant. No
agent, employee, officer or representative of the Consultant shall be deemed to be
an employee, agent, officer, or representative of the City for any purpose, and the
employees of the Consultant are not entitled to any of the benefits or privileges the
City provides for its employees. The Consultant will be solely and entirely
responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance
of the details of the work, however, the results of the work contemplated herein
must meet the approval of the City and shall be subject to the City’s general rights
of inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not
limited to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
7.4 The City may, at its sole discretion, require the Consultant to remove any
employee, agent or servant from employment on this Project who, in the City’s sole
discretion, may be detrimental to the City’s interest.
8. Indemnification.
8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers,
officials, employees, and volunteers harmless from any and all claims, injuries,
damages, losses or suits including attorney fees, arising out of or resulting from
the acts, errors or omissions of the Consultant in performance of this Agreement,
except for injuries and damages caused by the sole negligence of the City.
Page 28 of 239
RH2 Engineering, Inc. – PSA #: 24-012
Amendment to City of Pasco’s Water System Plan
Version 01.23.24 Page 5 of 9
8.2 However, should a court of competent jurisdiction determine that this Agreement
is subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Consultant, and the City, its officers, officials,
employees, and volunteers, the Consultant’s liability, including the duty and cost
to defend, hereunder shall be only to the extent of the Consultant’s negligence. It
is further specifically and expressly understood that the indemnification provided
herein constitutes the Consultant’s waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver
has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this Agreement.
8.3 No liability shall attach to the City by reason of entering into this Agreement except
as expressly provided herein.
8.4 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Consultant’s delayed or failed performance of Section 6 above.
9. Insurance. The Consultant shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, employees, or subcontractors. The Consultant’s
maintenance of insurance as required by the Agreement shall not be construed to limit the
liability of the Consultant to the coverage provided by such insurance, or otherwise limit
the City’s recourse to any remedy available at law or in equity.
9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and
coverage described below:
9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be at least as broad as Insurance Services
Office (ISO) form CA 00 01.
9.1.2 Commercial General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop-gap independent contractors and personal injury and
advertising injury. The City shall be named as an additional insured under
the Consultant’s Commercial General Liability insurance policy with
respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
9.1.3 Workers’ Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant’s profession.
9.2 Minimum Amounts of Insurance. Consultant shall maintain the following
insurance limits:
9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
Page 29 of 239
RH2 Engineering, Inc. – PSA #: 24-012
Amendment to City of Pasco’s Water System Plan
Version 01.23.24 Page 6 of 9
9.2.2 Commercial General Liability insurance shall be written with limits no less
than:
☒ $2,000,000 each occurrence; and
☒ $2,000,000 general aggregate;
9.2.3 Professional Liability insurance shall be written with limits no less than:
☒ $2,000,000 per claim; and
☒ $2,000,000 policy aggregate limit;
9.3 Other Insurance Provision. The Consultant’s Automobile Liability, Professional
Liability, and Commercial General Liability insurance policies are to contain, or be
endorsed to contain that they shall be primary insurance as respect the City. Any
insurance, self-insurance, or self-insured pool coverage maintained by the City
shall be excess of the Consultant’s insurance and shall not contribute with it.
9.3.1 The Consultant’s insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the City.
9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A: VII.
9.5 Verification of Coverage. Consultant shall furnish the City with original certificates
and a copy of the amendatory endorsements, including, but not necessarily limited
to, the additional insured endorsement, evidencing the insurance requirements of
the Agreement before commencement of the work.
9.6 Notice of Cancellation. The Consultant shall provide the City with written notice of
any policy cancellation within two (2) business days of their receipt of such notice.
9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher
insurance limits than the minimums shown above, the City shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability
maintained by the Consultant, irrespective of whether such limits maintained by
the Consultant are greater than those required by this Agreement or whether any
certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Consultant.
9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain
the insurance as required shall constitute a material breach of contract, upon
which the City may, after giving five (5) business days notice to the Consultant to
correct the breach, immediately terminate the Agreement or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the
sole discretion of the City, offset against funds due the Consultant from the City.
Page 30 of 239
RH2 Engineering, Inc. – PSA #: 24-012
Amendment to City of Pasco’s Water System Plan
Version 01.23.24 Page 7 of 9
10. Nondiscrimination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory, mental
or physical handicap; provided that the prohibition against discrimination in employment
because of handicap shall not apply if the particular disability prevents the proper
performance of the particular worker inv olved. The Consultant shall ensure that
applicants are employed, and that employees are treated during employment in the
performance of this Agreement without discrimination because of their race, creed, color,
national origin, sex, marital status, age or the presence of any sensory, mental or physical
handicap. Consultant shall take such action with respect to this Agreement as may be
required to ensure full compliance with local, State and Federal laws prohibiting
discrimination in employment.
11. Covenant Against Contingent Fees. The Consultant warrants that it has not
employed nor retained any company, firm, or person, other than a bona fide employee
working exclusively for the Consultant, to solicit or secure this Agreement; and that it has
not paid or agreed to pay any company, person or firm, other than a bona fide employee
working exclusively for the Consultant, any fee, commission, percentage, brokerage fee,
gift, or other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the City shall have the right to
terminate this Agreement.
12. Assignment and Subcontracting.
12.1 The City has awarded this Agreement to the Consultant due to its unique
qualifications to perform these services. The Consultant shall not assign (or
subcontract other than as specifically identified in Exhibit A) its performance
under this Agreement or any portions of this Agreement without the prior written
consent of the City, which consent must be sought at least thirty (30) days prior to
the date of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
Nondiscrimination; proper bidding procedures where applicable; and all local,
State and Federal statutes, ordinances and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement,
must have prior written approval by the City.
13. Termination.
13.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the other party no less than ten (10) business days written
notice in advance of the effective date of such termination.
13.2 Termination for Cause. If the Consultant fails to perform in the manner called for
in this Agreement, or if the Consultant fails to comply with any other provisions of
this Agreement and fails to correct such noncompliance within five (5) business
days of written notice thereof, the City may terminate this Agreement for cause.
Termination shall be effected by serving a notice of termination on the Consultant
setting forth the manner in which the Consultant is in default. The Consultant will
Page 31 of 239
RH2 Engineering, Inc. – PSA #: 24-012
Amendment to City of Pasco’s Water System Plan
Version 01.23.24 Page 8 of 9
only be paid for services and expenses complying with the terms of this Agreement,
incurred prior to termination.
14. General Provisions.
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators; or
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
For the City: For the Consultant:
Maria Serra, P.E., or designee
Interim Public Works Director
525 North 3rd
PO Box 293
Pasco WA 99301
serram@pasco-wa.gov
Paul Cross, P.E., or designee
Principal
114 Columbia Point Dr, Suite C
Richland, WA 99352
pcross@rh2.com
15. Dispute Resolution.
15.1 This Agreement has been and shall be construed as having been made and entered
into and delivered within the State of Washington and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of
Washington.
15.2 In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Project Administrators, or their designees,
shall first meet in a good faith effort to resolve such dispute. In the event the
dispute cannot be resolved by agreement of the parties, said dispute shall be
resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties
waiving the right of a jury trial upon trial de novo, with venue placed in Pasco,
Franklin County, Washington. The substantially prevailing party shall be entitled
to its reasonable attorney fees and costs as additional award and judgment against
the other.
16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other similar event or
other provision of this Agreement.
17. Integration. This Agreement between the parties consists in its entirety of this
document and any exhibits, schedules or attachments. Any modification of this
Agreement or change order affecting this Agreement shall be in writing and signed by both
parties.
Page 32 of 239
RH2 Engineering, Inc. – PSA #: 24-012
Amendment to City of Pasco’s Water System Plan
Version 01.23.24 Page 9 of 9
18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the date first written above.
CITY OF PASCO, WASHINGTON
Adam R. Lincoln, City Manager
RH2 ENGINEERING, Inc.
Paul Cross, P.E. – Principal
ATTEST:
Debra C. Barham, City Clerk
APPROVED AS TO FORM:
Kerr Ferguson Law, PLLC, City Attorney
Page 33 of 239
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Scope of Work
City of Pasco
Water System Plan Amendment
March 2024
Background
This Scope of Work includes tasks to prepare an early action (Phase 1) amendment to update the
City of Pasco (City) Water System Plan (WSP) and evaluate the ability of the water system to meet
the needs of existing and projected future water system customers throughout the 20-year planning
period. Based on the current planning requirements of Washin gton Administrative Code (WAC)
Chapter 246-290, the City WSP must be updated every 10 years with the current plan expiring on
March 21, 2027. WAC 246-290-100 (11) indicates that an amendment may be submitted to the
Washington State Department of Health (DOH) for approval at any time, but an amendment does
not alter the approval period and a complete update will be required by the expiration date. Phase
2 is a future phase that will incorporate additional years of data and projections together with the
Regional Water Forecast and Conservation Plan (RWFCP) needed for a full 10-year plan approval near
the time when the current plan expires.
The Quad-City Water Right (QCWR) was developed with the expectation that all four Cities, (Pasco,
Kennewick, Richland, and West Richland) would coordinate their plans from a scheduling perspective
with the RWFCP. The Cities share the QCWR issued under Surface Water Permit No. S4 -30976P on
September 15, 2003. The RWFCP is scheduled to be updated in 2026 in advance of the WSP required
updates.
The supplemental tasks to perform a more detailed evaluation of the existing water system will
support the development of an accurate and cost-effective Capital Improvement Program (CIP) for
the WSP together with analyzing which water rights should be dedicated to the potable versus
non-potable irrigation systems.
RH2 will perform the services described up to the amounts included in the attached Fee Estimate. If
additional effort is needed, that extra work will be mutually determined by the City and RH2. RH2 will
not need to provide hard copies of deliverables to the City and documents will be provided in
electronic format (PDF).
Phase 1 – WSP Amendment
Task 1 – Project Management, Data Collection, and DOH Coordination
Objective: Manage the RH2 project team, files, and records. Monitor the Scope of Work and budget
and provide monthly invoices. Assist the City in collecting data for the water system planning process.
Approach:
Review work for consistency with this Scope of Work, monitor budget spent, and manage the
RH2 team.
EXHIBIT A
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City of Pasco Exhibit A
Water System Plan Amendment Scope of Work
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Prepare monthly progress reports documenting the work completed for each month to be
included with the monthly invoice.
Maintain project records and files.
Attend a pre-planning conference with the City and DOH staff.
Coordinate with City staff during the data collection and WSP development process. This
includes coordinating via telephone, submitting the list of data needed, and reviewing data
provided by the City.
Attend one (1) meeting with City staff to review collected data.
Attend weekly meetings with the City project manager to assist with questions and update
progress on water system planning near-term needs. The level of effort for this task is estimated
to be fifty (50) hours.
Assumptions:
• To reduce the level of effort needed to update the WSP, RH2 will rely on the accuracy and
completeness of existing information, data, and materials provided by the City and others in
relation to this Scope of Work.
• Weekly meetings with City project manager will be virtual, may vary in length and may be
skipped some weeks if no exchange of information is needed.
RH2 Deliverables:
• Monthly progress briefing of work completed to be included with invoice. Project records
filed. RH2 team coordination.
• Attendance at one (1) meeting with the City and DOH staff, and coordination via telephone
and email with DOH. Attendance at one (1) meeting with the City staff to review collected
data.
Task 2 – Land Use and Population
Objective: Review planning-related documents and identify impacts on the City’s water system for
use in the WSP.
Approach:
Prepare and review an inventory of related plans to provide a summary of the impacts or
constraints on the water system, including the 2018-2038 City of Pasco Comprehensive Plan and
the 2021 Franklin County Comprehensive Plan and review how the Growth Management Act
(GMA) impacts the City.
Complete DOH’s Consistency Statement Checklist for each planning agency with which the WSP
must be consistent, including local and Franklin County (County) planning jurisdictions.
Identify existing and future land use patterns in and adjacent to the City and their impacts on
existing and future facilities and water sources for the water system.
Page 35 of 239
City of Pasco Exhibit A
Water System Plan Amendment Scope of Work
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Identify current and projected housing trends and household sizes within the City’s service area
based on available information from City staff, as well as County and state population data.
Include a table of 10-year and 20-year population projections for both the City and the water
service area that comply with the GMA. Additional planning periods will be included and
presented for years 2037, 2038, and 2047, to reflect potential 10- and 20-year planning periods
for the City’s forthcoming 2027 WSP.
Prepare a color figure of the City’s land use.
RH2 Deliverables:
• Descriptions and figures of planning data for City review and comment for the WSP.
Task 3 – Water Demands
Objective: Review historical water use and forecast future water demands of the system.
Approach:
Tabulate monthly totals of metered consumption for each customer class and the average
number of accounts in service for each year from 2015 through 2023 based on available
information provided by the City. Identify the seasonal variations in consumption for each
customer class.
Tabulate ten (10) to twenty (20) of the largest water users and the total water use of each for
the year 2023.
Tabulate monthly and yearly totals of water supply from each supply facility from 2015 through
2023.
Calculate per capita demands based on the average day demand and water system population
data from 2015 through 2023.
Calculate the number of equivalent residential units (ERUs) within the system based on the
water consumption and supply data.
Identify the total amount of distribution system leakage from 2015 through 2023. Calculate the
3-year rolling average of the distribution system leakage (DSL).
Tabulate total consumption of customers within each pressure zone based on the hydraulic
model and the parcel-consumption database provided by the City.
Calculate the system average day demand based on the yearly water supply data from 2015
through 2023.
Estimate the system’s peak day and peak hour demands.
Prepare a table of general fire flow requirements of each land use classification and identify
buildings with the largest fire flow requirements within the service area.
Document the historical demands from 2015 through 2023.
Page 36 of 239
City of Pasco Exhibit A
Water System Plan Amendment Scope of Work
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Document the current and past efforts for water use efficiency (WUE) and their impact on
water demand over the past ten (10) years. Describe the WUE improvements.
Develop annual demand projections for the first ten (10) years and projections for year twenty
(20) based on projected water system population data and historical per capita demands.
Demand projections shall be tabulated with and without additional water use reductions from
the proposed WUE program. Additional planning periods will be included and presented for
years 2037, 2038, and 2047, to reflect potential 10- and 20-year planning periods for the City’s
forthcoming 2027 WSP.
Describe the basis for and results of the existing and future water demand evaluation.
Evaluate, describe, and prepare a graphic or table to demonstrate the seasonal variations in
consumption patterns for each customer class.
Document the results of the demand analysis in summary tables and the chapter text.
RH2 Deliverables:
• Descriptions and tables of historic and projected demand data for City review and comment.
Task 4 – Water Source and Water Rights
Objective: Identify the City’s results of recent change applications and prepare an inventory of
existing water sources and water rights.
Approach:
Summarize the City’s current water rights.
Perform a water rights evaluation that compares current water rights with existing and
projected demands on a pressure zone or operating area basis.
Document water supply characteristics and effects from existing and projected future water
use on the water quantity and quality of the bodies from which the City withdraws supply.
Describe water supply characteristics by identifying seasonal source variability, water rights
limitations, water reliability, and legal constraints. Utilize existing data and studies available
from the City.
RH2 Deliverables:
• Evaluation of existing water rights and results of recent monitoring for City review and
comment.
Task 5 – Hydraulic Model Update and Calibration
Objective: Update and calibrate the current hydraulic model of the City’s existing water system.
Approach:
Review the City’s WaterGEMS model with current water system mapping to check for
consistency and completeness.
Page 37 of 239
City of Pasco Exhibit A
Water System Plan Amendment Scope of Work
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Prepare a preliminary hydraulic model node diagram. Coordinate with the City to review water
system facilities shown in the model and update the model as requested based on input from
the City.
Update elevation data in the model by transferring data from electronic contours to model
junction nodes using customized routines.
Compute pipe roughness coefficients from available pipe material and age data using routines
to accomplish initial calibration.
Allocate the existing (2023) demand data among the nodes in the model using a
parcel-consumption database provided by the City and customized routines.
Calculate the existing and 9-year average (2015 to 2023) diurnal curves for the average day and
peak 3-day period using hourly tank and well data. Input diurnal curves into the hydraulic water
model.
Update facility data into the model for supply sources, reservoirs, and pressure reducing valve
(PRV) stations. Establish facility settings to reflect current settings and those to be used for the
analyses.
Perform preliminary hydraulic analyses to identify locations for field pressure and hydrant flow
tests and check potential performance at each site. Prepare a template that lists field test
locations and data that needs to be collected at each test location. Coordinate with the City to
confirm methods and recordkeeping for field tests.
Attend the hydrant flow tests to confirm that the pressure and flow test objectives are met for
the purpose of calibrating the hydraulic model. City staff will operate hydrants, valves, and
other water system facilities as directed by RH2. RH2 will provide calibrated pitot and pressure
gauges for use during the hydrant flow tests and will record the results of the tests. Operational
status of facilities will be provided by City staff (in real-time or from the City’s telemetry system
following field testing), including flows into the system from supply sources and reservoir levels
at the start and end of the tests.
Perform hydraulic analyses to calibrate the model from the field flow and pressure test data
for the purposes of steady state hydraulic analyses.
Coordinate with the City to identify sources of inconsistencies between the field calibration
data and the modeled results. Inconsistencies may be the result of unknown closed valves in
the system or incorrect diameter of water main shown on system mapping or as-builts. Since
this item is highly variable in nature, an initial allocation of twenty -four (24) hours of a water
modeling specialist’s time has been included for this subtask. If generally accepted industry
standards for hydraulic model accuracy cannot be achieved withi n this initial allocation, RH2
will coordinate with the City to determine the next steps. This may include a contract
amendment to assist the City in performing additional field flow tests and model calibration
analyses.
Page 38 of 239
City of Pasco Exhibit A
Water System Plan Amendment Scope of Work
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Input the current land use classifications into the model and assign a general planning-level fire
flow requirement to each node for comparison of fire flow results. Custom routines will be
utilized to transfer the data from the land use map to the model.
RH2 Deliverables:
• Calibrated WaterGEMS hydraulic water model for use in steady-state hydraulic analyses.
Coordination with the City to review accuracy of the hydraulic water model.
• Attendance at hydrant flow testing and test records.
Task 6 – Water Supply Operational Strategy
Objective: Perform hydraulic analyses to improve the water supply operational strategy based on
water quality, hydraulic capacity, and capital and operations and maintenance (O&M) costs .
Approach:
Evaluate the existing (2023) and 8-year average (2015 to 2022) seasonal water supply
requirements of each pressure zone and the non-potable irrigation system.
Coordinate with the City to obtain estimated costs for producing water from each of the
City-owned sources. Compare costs of producing water to purch asing water from Franklin
County Irrigation District and South Columbia Basin Irrigation District, acquiring and updating
508-14 wells serving the expanded Urban Growth Area, or developing aquifer storage and
recovery wells.
Perform water balance simulations and steady-state analyses in the hydraulic models to
recommend an operational strategy for the water system on a seasonal basis. Identify
improvements to implement the recommended operational strategy. The analyses will consider
the following elements:
• Increase supply produced from sources owned by the City.
• Capital and O&M costs.
• Water rights limitations for each individual source.
Meet with City staff to discuss the results of the analyses and review the feasibility of the
proposed operational strategy.
Revise the operational strategy per review comments from the City. Since this item is highly
variable in nature, an initial allocation of forty (40) hours of a water modeling specialist’s time
has been included for this subtask. If an acceptable operational strategy cannot be determined
within this initial allocation, RH2 will coordinate with the City to determine the next steps, which
may include a contract amendment.
Prepare a letter report to the City documenting the results of the water sup ply optimization
analyses. The letter report will be included in the WSP amendment as an appendix.
Page 39 of 239
City of Pasco Exhibit A
Water System Plan Amendment Scope of Work
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RH2 Deliverables:
• Attendance at one (1) meeting with City staff.
• Letter report documenting the results of the water supply optimization analyses.
Task 7 – Water System Analyses
Objective: Evaluate each water system component to identify deficiencies and recommend
improvements. Utilize the hydraulic model of the City’s water system to perform pressure and fire
flow hydraulic analyses.
Approach:
Examine each of the existing pressure zones and identify areas of low and high pressures.
Include a table showing each existing zone, its maximum and minimum service elevation, and
service pressures (at static conditions).
Calculate the quantity of water supply required for the existing and future conditions, and
compare those requirements to the system’s existing supply capability considering future
supply curtailments at Butterfield Water Treatment Plant (WTP) as that facility is rehabilitated.
Identify and describe supply facility deficiencies.
Evaluate booster pump stations (BPS) and briefly describe deficiencies. Review current low
suction pressure issues at the Eastside BPS and impacts of Zone 2 storage and/or dedicated
transmission on resolving deficiencies.
Calculate the quantity of water storage required for the existing and future system based on
the requirements contained in WAC 246-290-235 and the most current DOH Water System
Design Manual and compare those requirements to the existing storage capacity of the system.
Storage analyses will be performed for the system as a whole, as well as for individual pressure
zones or storage operating areas.
Identify and briefly describe storage deficiencies.
Document the hydraulic analysis criteria and hydraulic model settings for the distribution
system analyses.
Perform a steady-state hydraulic analysis of the system using the hydraulic model of the water
system to simulate a peak hour demand condition with no fire flows to determine the pressures
and flow distribution during this demand condition.
Perform a steady-state fire flow analysis for each node in the system while simulating peak day
demands to determine the capability of the existing system to provide adequate flows and
pressures and identify existing system deficiencies.
Export the results of the existing system peak hour demand and fire flow analyses to a GIS
shapefile for transmittal to the City.
Page 40 of 239
City of Pasco Exhibit A
Water System Plan Amendment Scope of Work
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Input future demand data into the hydraulic model’s nodes using the results from the future
water demand evaluation. Demand distribution shall be based on estimates of future growth
allocations.
Identify and input proposed water system improvements into the model based on the results
of the existing system hydraulic analysis and identification of deficiencies.
Perform a steady-state fire flow analysis for each node in the system while simulating future
peak day demands to check that the proposed improvements address existing system
deficiencies and are sized properly to accommodate anticip ated growth based on meeting the
City’s policies and design criteria. Repeat the analyses for the 10-year and 20-year projections.
Prepare a table that summarizes the results of the existing system and future system fire flow
analyses.
Identify and describe distribution system deficiencies and the results of the hydraulic analyses.
Evaluate and identify deficiencies for the existing water main, PRV stations, interties, and
telemetry and supervisory control system.
Perform an existing system and 10-year system capacity analysis to determine the unused,
available system capacity expressed in ERUs. Prepare a 10-year projected system capacity
analysis with proposed improvements. Document the criteria and results of the analyses.
Additional planning periods will be included and presented for years 2037 and 2038 to reflect
potential 10-year planning periods for the City’s forthcoming 2027 WSP.
Meet with City staff to discuss the system analyses, deficiencies, and recommended
improvements.
Document the results of the system analysis in summary tables and the chapter text.
RH2 Deliverables:
• Descriptions, tables, and figures of the water system analyses for City review and comment.
• Attendance at one (1) meeting with City staff.
• GIS shapefile containing the results of the existing system peak hour demand and fire flow
analyses.
Task 8 – Capital Improvement Program
Objective: Describe and schedule improvements to address deficiencies identified in the water
system analyses. Prepare planning-level cost estimates for each project identified.
Approach:
Briefly describe water system improvements that have been completed since the last WSP
update.
Page 41 of 239
City of Pasco Exhibit A
Water System Plan Amendment Scope of Work
9
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Prepare a list of proposed water system improvements based on known deficiencies of the
existing system and proposed system analyses. Briefly describe each group of related
improvements and the purpose/benefit of the improvements.
Prepare a planning-level approximate cost estimate for each improvement based on current
industry prices.
Review and include capital projects from the Risk and Resiliency Assessment performed in 2020
through 2021 by HDR, the Butterfield WTP Facilities Plan performed in 2022 through 2023 by
Carollo and other site and cybersecurity measures. Escalate the cost estimates for projected
costs from 2023 through 2024.
Incorporate potential implementation projects to address cyanotoxin monitoring and
treatment objectives as identified in existing assessment studies.
Coordinate with City staff to establish criteria for prioritizing and scheduling improvements.
Prioritization and scheduling will consider other scheduled utility and transportation projects
based on information provided by the City.
Coordinate with City staff to discuss staffing, equipment, and program needs including a future
energy audit.
Schedule improvements based on the results of the prioritization. Prepare up to two (2)
modified CIP schedules based on input from the City from the results of the financial analysis.
Prepare a table of improvements that includes an improvement identificatio n number, a brief
description of each improvement, the associated cost estimate, and the scheduling of the
improvements on an annual basis for the first four (4) years and for the 10-year and 20-year
planning periods.
Describe the criteria and procedures used for prioritizing and scheduling improvements.
Document the CIP prioritization analyses in summary tables and the chapter text.
Prepare the following color figures:
• Proposed Water System Improvements.
• Proposed Improvements Hydraulic Profile
Meet with City staff to discuss the water system improvements and the proposed schedule of
implementation.
RH2 Deliverables:
• Draft CIP tables and figures for City review and comment.
• GIS files containing proposed water main improvements.
• Attendance at one (1) meeting with City staff.
Page 42 of 239
City of Pasco Exhibit A
Water System Plan Amendment Scope of Work
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Task 9 – Financial Analysis
Objective: Assist the City during development of the financial analysis.
Approach:
Coordinate with the City during the project to provide information in support of the financial
analysis chapter. Analysis will be limited to comparing the proposed CIP with the City’s current
5-year CIP based upon updated cost estimates and the proposed schedule of improvements.
Summarize financial deficiencies in the next four (4) years before the WSP update is required.
Attend one (1) meeting with City staff to review draft financial analysis results before finalizing
the Financial Chapter.
RH2 Deliverables:
• Attendance at one (1) meeting with City staff.
Task 10 – Executive Summary
Objective: Prepare an executive summary to describe the key elements of the WSP.
Approach:
Identify the purpose of the WSP and summarize the major system characteristics and
significant changes that have occurred since the previous WSP was completed.
Briefly describe the key issues in the WSP.
RH2 Deliverables:
• Draft executive summary chapter for City review and comment.
Task 11 – Appendices
Objective: Prepare miscellaneous appendices for inclusion in the WSP.
Approach:
Obtain a State Environmental Policy Act Checklist and Determination of Non-Significance from
the City to include in the appendices.
Include copies of Water Facilities Inventory forms.
Include copies of water right certificates and permits.
RH2 Deliverables:
• Miscellaneous appendices for inclusion in the WSP.
Page 43 of 239
City of Pasco Exhibit A
Water System Plan Amendment Scope of Work
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Task 12 – Finalize, Print, and Present Draft WSP Amendment
Objective: Prepare a final draft of the WSP and submit it to review agencies and adjacent water
purveyors.
Approach:
Develop a cover format that includes the WSP name and revision date.
Transmit electronic copies of the draft WSP amendment documents to the City for review and
comment.
Revise the WSP amendment based on City review comments.
Attend one (1) meeting to present the completed WSP amendment to City staff, Pasco City
Council, and the public.
Create an electronic PDF document, including all chapters, appendices, and figures of the WSP
amendment. The electronic WSP amendment will contain hyperlinks and an organizational
format. Provide up to five (5) copies of the electronic plan on USB drives.
Submit the final WSP amendment to adjacent water systems for their review and comment.
Submit the final WSP to the County and DOH for their review.
RH2 Deliverables:
• Up to five (5) copies in electronic PDF on USB drives.
• One (1) hard copy in 3 ring binder for DOH submittal.
• Attendance at one (1) meeting to present the final draft WSP to City staff, Pasco City Council,
and the public.
Task 13 – DOH and Agency Review Revisions
Objective: Address DOH, adjacent purveyor, and other agency review comments and finalize WSP.
Approach:
Review comments from regulatory agencies and adjacent water purveyors.
Address comments and transmit electronic copies of the final WSP amendment documents to
DOH for review and comment.
Finalize WSP amendment based upon stipulations included in the DOH approval letter.
RH2 Deliverables:
• Final WSP amendment in electronic PDF.
Page 44 of 239
City of Pasco Exhibit A
Water System Plan Amendment Scope of Work
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Phase 2 – WSP Update
Task 14 – Final WSP Update
Objective: Coordinate with the Cities of West Richland, Kennewick, and Richland to incorporate the
RWFCP for the Quad City Water Right into Chapter 4 on Water Use Efficiency. Update the remaining
chapters included in the WSP Amendment for the most recent full year (2025) and peak months (July
through August 2026) as may be available.
Approach:
Update Chapters 2 and 3 with populations and water demands for 2025 and peak 2026 data
together with capacity analyses with additional system deficiencies.
Add Chapter 4 on Water Use Efficiency consistent with the RWFCP.
Update Chapters 5, 6, and 7 on Source Water Protection, Operations and Maintenance and
Distribution Facility Design and Construction Standards.
Update Chapters 8 and 9 with 20-year CIP and updated water rate evaluations.
Update miscellaneous documents, State Environmental Policy Act, public notification, local
government consistency and finalize draft WSP update.
Perform final DOH and Agency Review revisions based upon stipulations included in the DOH
approval letter.
RH2 Deliverables:
• Final WSP amendment in electronic PDF.
Task 15 – Management Reserve
Objective: Address uncertainty and retain flexibility for the City to add additional work items as
requested.
Approach:
This task is for Management Reserve use. The Consultant must obtain written approval from
the City prior to utilizing Management Reserve funds. Use of Management Reserve funds
without prior written approval will result in charges being removed/denied.
Schedule
It is anticipated that an updated CIP will be requested for City budgeting purposes in the fall of 2024
with the goal of giving the City the planning review and/or approval necessary to pursue low interest
loans for capital projects in the 2025 October through November Drinking Water State Revolving
Fund application cycle. The goal is to get the Phase 1 WSP Amendment approved for this purpose.
The RWFCP is scheduled to be completed in 2026. The Phase 2 WSP Update will update the data to
include 2025 and peak month 2026 data if applicable. It is anticipated that the Phase 2 WSP Update
will need to be submitted to DOH in the late summer of 2026 in order to get approval of the 10 -year
plan before the expiration date of March 21, 2027 for the current 2019 WSP.
Page 45 of 239
Fee Estimate
City of Pasco
Water System Plan Amendment
Mar-24
Description
Total
Hours
Total Labor Total
Subconsultant
Total Expense Total Cost
Task 1 Project Management, Data Collection, and DOH Coordination 90 25,354$ -$ 663$ 26,017$
Task 2 Land Use and Population 51 10,955$ -$ 844$ 11,799$
Task 3 Water Demands 100 22,016$ -$ 1,485$ 23,501$
Task 4 Water Source and Water Rights 82 20,856$ -$ 604$ 21,460$
Task 5 Hydraulic Model Update and Calibration 164 35,856$ -$ 2,449$ 38,305$
Task 6 Water Supply Operational Strategy 171 40,614$ 15,294$ 2,163$ 58,071$
Task 7 Water System Analyses 155 34,129$ -$ 2,467$ 36,596$
Task 8 Capital Improvement Program 120 26,572$ 9,538$ 1,796$ 37,906$
Task 9 Financial Analysis 16 4,282$ -$ 140$ 4,422$
Task 10 Executive Summary 5 1,156$ -$ 29$ 1,185$
Task 11 Appendices 21 3,720$ -$ 268$ 3,988$
Task 12 Finalize, Print, and Present Draft WSP 82 13,630$ -$ 1,490$ 15,120$
Task 13 DOH and Agency Review Revisions 620 139,603$ -$ 8,222$ 147,825$
Task 14 Finalize WSP Update 317 71,189$ -$ 3,811$ 75,000$
Task 15 Management Reserve 162 37,902$ -$ 2,098$ 40,000$
PROJECT TOTAL 1677 378,743$ 24,832$ 22,620$ 426,195$
\\corp.rh2.com\projects\Project\Data\PSC\00-BusDev\20230306_PSC_M230028_Comprehensive Water System Plan\Contract\PSA_FEE_Water System Plan Amendment 2/20/2024 9:17 AM
EXHIBIT B
Page 46 of 239
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
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
Mileage $0.6700
price per mile
(or Current IRS Rate)
Subconsultants 15%Cost +
Outside Services at cost
RH2 ENGINEERING, INC.
2024 SCHEDULE OF RATES AND CHARGES
Rates listed are adjusted annually. Page 47 of 239
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System Plan Amendment.docx
City of Pasco
Water System Plan Amendment
Data to be Provided by the City
The following list contains the information and data to be provided by the City of Pasco that is needed to update the City’s Water System Plan
(WSP). All available resources from previous planning work will be utilized to minimize the level of effort necessary. The list below is organized
according to the Scope of Work activities.
Scope of Work/Information Needed Priority Notes Status/
Delivered
Introduction and Existing Water System Description
1. Reservoir information that includes reservoir name, as-builts, location,
year constructed, material, reservoir floor elevation, overflow
elevation, diameter, ground elevation, operating levels (pump start
level(s) for filling reservoir and pump stop level), fill pipe diameter, draw
pipe diameter, and description of operation and control.
H Road 68 Tank as-builts already
received.
2. Pressure reducing station setpoint data, and any as-builts for PRV
stations constructed since 2014.
H
3. List of check valves and zone valves (closed isolation valves between
pressure zones) in the distribution system.
H
4. Telemetry and supervisory control information that includes
manufacturer and year of telemetry system, type of communications
link (radio or phone), facilities monitored at master telemetry unit, and
facilities with remote telemetry units.
H
5. Booster pump station data that includes pump station name, as-builts,
location, year constructed, number of pumps, pump curves (or pump
manufacturer and model number, pump serial number, and impeller
diameter), motor horsepower, ground elevation, normal pumping rate,
and description of operation and control.
H
6. Copy of most recent Department of Health (DOH) Sanitary Survey.H
EXHIBIT C
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City of Pasco Exhibit B
Water System Plan Amendment Data to be Provided by the City
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System Plan Amendment.docx
Scope of Work/Information Needed Priority Notes Status/
Delivered
7. Copy of current GIS files of the base map, aerial photo, existing water
system (including all water main, sources, pumping, and storage
facilities, gate and check valves, and hydrants), and contours.
H
Task 2 – Land Use and Population
1. Copy of the City’s Comprehensive (Land Use) Plan. H
2. Summary of City’s efforts and involvement in regional water system
planning.
L
3. Identify on a map the areas where growth is expected to occur, and
quantify the type of development, number of units, and development
schedule.
M
4. Copy of GIS file showing existing retail and future service area
boundaries.
H
5. Copy of GIS file showing existing and future land use. H
Task 3 – Water Demands
1. How often are customer meters read (monthly, every other month,
etc.)?
H
2. Hourly and daily reservoir level records (telemetry data, circular charts,
data sheets, etc.) from each storage facility for 2021 and 2022 (to be
used to determine the system’s peaking factors).
H
3. Hourly and daily water production records from each source of supply
for 2021 and 2022 (to be used to determine the system’s peaking
factors).
H
4. Monthly water production totals from each source of supply from 2015
through 2022.
H
5. Monthly (or bi-monthly) metered water consumption totals for each
customer class from 2015 through 2022.
H
6. Hourly or daily water consumption data for customer meters for 2021
and 2022, where available.
H
7. Average number of connections for each month for each customer class
from 2015 through 2022.
H
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City of Pasco Exhibit B
Water System Plan Amendment Data to be Provided by the City
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System Plan Amendment.docx
Scope of Work/Information Needed Priority Notes Status/
Delivered
8. Total number of multi-family units served in 2015 through 2022. H
9. List of customers (approximately 10 to 20) that used the most water in
2022 (as measured by individual meters), customer address, and
amount of consumption of each customer for the year.
H
10. List of buildings with the largest fire flow requirements in the service
area (provide at least three in each pressure zone). Provide name of
building, address, and fire flow requirement.
M If different than T6-1 of the City’s
2019 WSP.
11. General level of service fire flow requirements and duration for all land
use classifications, such as single-family, multi-family, commercial,
industrial, mixed use, schools, etc.
M
12. Is water usage for construction projects, fire department activities, and
water main flushing recorded? If so, provide total annual amounts from
2015 through 2022.
H
13. Database of annual totals of metered water consumption data for each
meter, including address and parcel number, if available.
H
Task 4 – Water Source and Quality
1. Copy of water rights permits, certificates, and other related information
for all sources – potable and irrigation.
M
2. Copy of any recent reports and studies for the sources of supply
(Watershed Control Plan and regional water supply studies).
M
3. Copy of DOH Susceptibility Study. M
4. Copy of source water quality monitoring results (2020 through 2022)
for volatile organic chemicals, synthetic organic chemicals, inorganic
chemical and physical substances, and radionuclides.
M
5. Summarize the results of past (2020 through 2022) coliform
monitoring. Indicate if monitoring results indicated levels above the
regulatory limits. For each situation where the regulatory requirements
were not met, describe the source of the problem and the follow-up
procedures that corrected the problem.
M
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City of Pasco Exhibit B
Water System Plan Amendment Data to be Provided by the City
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System Plan Amendment.docx
Scope of Work/Information Needed Priority Notes Status/
Delivered
6. Summarize the results of past (2020 through 2022) disinfectant
concentration monitoring. Indicate if monitoring results did not meet
the regulatory requirements. For each situation where the regulatory
requirements were not met, describe the source of the problem and
the follow-up procedures that corrected the problem.
M
7. Provide the initial dosage of fluoride at each source. M
8. Copy of the most recent Consumer Confidence Report (CCR). M
Task 5 – Hydraulic Model Update and Calibration
1. Copy of GIS files showing location of existing gate valves, check valves,
and hydrants in the system.
H
2. As-builts for recent water system improvements not contained in the
existing hydraulic model (2021, 2022, and 2023 improvements).
H
Task 6 – Water Supply Operational Strategy
1. Estimated costs of producing water from each of the City-owned
sources.
H
2. Electric rate schedules for each pumping facility – potable and
irrigation.
H
Task 7 – Water System Analyses
1. List of known water system deficiencies and unsuitable pipe materials. M
2. List of past (2020 through 2022) water main breaks. Provide address
and date that each occurred.
L
3. List of facilities that have emergency power supply connections or
standby emergency generator sets.
L
4. Normal operating range of each reservoir (water elevation that well,
intertie, or control valve is called to fill reservoir or the normal
drawdown in each reservoir).
H
Activity 12 – Operations and Maintenance
1. Personnel organization chart. L
2. Brief description of the major responsibilities for any new staff positions
shown on the organizational chart.
L
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City of Pasco Exhibit B
Water System Plan Amendment Data to be Provided by the City
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System Plan Amendment.docx
Scope of Work/Information Needed Priority Notes Status/
Delivered
3. Updated list of all operators and their certifications. L
Task 8 – Capital Improvement Program (CIP)
1. List of desired water system improvements not contained in previous
CIP.
M
2. List of projects completed since the last WSP. List can be descriptive or
map based.
M
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Pasco City Council
Workshop
March 11, 2024
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Water System Plan-PSA for Engineering Services
for RH2 Engineering, Project # 24-593
Company RH2 Engineering
Cost $427,000.00
•Required by WAC 246-290
•Must be updated every 10 years
•Current Plan expires March 2027
The successful development of the amended updated Water
System Plan will include, but is not limited to the following
elements: Data Collection; Updated water service area;
Population and Demand Projection; System Analysis; Water Use
Efficiency; Operations and Maintenance; Capital Improvements
Plan; and Financial Analysis.
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Water System Plan-PSA for Engineering Services
for RH2 Engineering, Project # 24-593
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AGENDA REPORT
FOR: City Council March 13, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 3/18/24
FROM: Maria Serra, Interim Director
Public Works
SUBJECT: Resolution No. 4433 - Change Order No. 2 Approval for Process Water
Reuse Facility Phase 2 Improvements
I. REFERENCE(S):
Resolution
Exhibit A - Change Order No. 2
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:City the authorizing 4433, No. approve to move I Resolution
Manager to execute Change Order No. 2 with Tapani, Inc. for the Process
Water Reuse Facility Phase 2 Winter Storage Pond Improvements Project.
III. FISCAL IMPACT:
Engineer’s Construction Estimate $45,488,837.00
Awarded Construction Contract Amount $31,588,246.92
Previously Approved Change Order No. 1 $31,528.58
Change Order No. 2 $250,834.55
New Contract Total $31,870,610.04
The proposed change order can be accommodated within the project budget,
and is funded through a State Revolving Fund low interest loan awarded to the
project by Washington State Department of Ecology.
IV. HISTORY AND FACTS BRIEF:
On August 21, 2023, Council adopted Resolution No. 4369, which awarded the
construction contract for the Process Water Reuse Facility (PWRF) Phase 2 –
Winter Storage project to Tapani, Inc. of Battle Ground, Washington, in the
Page 57 of 239
amount of $31,588,246.92, including Franklin County sales tax.
The project provides for the construction of three new process water winter
storage ponds with an approximate combined capacity of 330 million gallons.
The storage ponds and associated infrastructure are being constructed on the
north 80-acre parcel adjacent to the existing PWRF site.
Previously approved Change Order (CO) No. 1 provided for the construction
and installation of twenty-one (21) artificial owl burrows to comply with federal
funding and environmental mitigation requirements. Tapani, Inc. has since
completed this work with CO No. 1 is under the authority delegated to the
Public Works Director. The funding agreement agreement includes a change
order allowance specifically negotiated to incorporate costs for this mitigation
effort.
Additional change proposal requests (CPRs) were identified, reviewed, and
subsequently packaged into proposed CO No. 2. These facilitate timely
construction progress for future increase in storage needs while maintaining
compliance the stipulated requirements in federal additional with funding
Ecology construction loan. The key changes proposed include:
Substitution of 48-inch pond drain gate valves necessary to comply with
American Iron and Steel (AIS) funding requirements.
Modified pond drain control structure and outlet for a complete and
functioning installation of approved pond outlet structure with sufficient
clearing for metering equipment.
Addition of manufacture recommended electrical junction box stand to
be installed in conjunction with the specified process water packaged lift
station to manage Condensate of Whey(COW) water.
A credit issued to install a textured High Density Polyethylene (HDPE)
pond liner in lieu of the specified alternate liner product. The HDPE liner
material is specifically listed as a preferred choice for pond liners as
documented within the Ecology Orange Book, Chapter T7 – Lagoon and
Liner Design Guidelines. The specified liner, though more resistant to
puncture, was determined to be incompatible with newly established
testing requirements.
These itemized changes will constitute a second change order to the project in
the amount of $250,834.55 with an increase of 15 working days added to the
original contract time.
V. DISCUSSION:
This item was presented and discussed at the Council Workshop on March 11,
2024.
Page 58 of 239
Staff recommends approval of CO No. 2 in the amount of $250,834.55 for the
PWRF - Phase 2 Winter Storage Pond project.
Page 59 of 239
Resolution - CO No. 2 for PWRF Phase 2 - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO.
2 WITH TAPANI, INC. FOR THE PROCESS WATER REUSE FACILITY
PHASE 2 WINTER STORAGE POND IMPROVEMENTS PROJECT.
WHEREAS, the City of Pasco (City) and Tapani, Inc. entered into a Construction Contract
on September 11, 2023, for construction of the Process Water Reuse Facility (PWRF) Phase 2
Winter Storage Pond Improvements; and
WHEREAS, PWRF Phase 2 addresses the need for additional winter storage through the
construction of three new storage ponds with total combined capacity of approximately 330 million
gallons (MG); and
WHEREAS, previously approved Change Order No. 1 was under the authority provided
to the Public Works Director; and
WHEREAS, proposed Change Order No. 2 addresses construction material procurement
changes related to compliance with federal funding requirements, structural modifications to
accommodate installation of approved specified system components, in addition to updating
storage pond liner materials to better align with regulatory requirements; and
WHEREAS, the $250,834.55 amount of Change Order No. 2 added to the cumulative sum
of previously approved Change Orders, is close to exceeding the City Manager’s authority, and
thus determined to obtain Council approval; 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 Change
Order No. 2 with Tapani, Inc.
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. 2 between the City of Pasco and Tapani, 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 Change Order No. 2 on behalf of the City of
Pasco.
Page 60 of 239
Resolution - CO No. 2 for PWRF Phase 2 - 2
Be It Further Resolved, that this Resolution shall 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 61 of 239
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Page 70 of 239
Change Order No. 2 Approval -
PWRF Phase 2 Improvements
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PWRF Phase 2 Project Brief
Provides approximately 330 million gallons (MG) in additional winter storage
capacity (3 new lagoons).
Includes 106 MG lagoon and a dedicated pump station for Darigold process
water storage and conveyance.
Irrigation Pump Station (IPS) modifications needed to connect new ponds to
existing land treatment system infrastructure.
Entire project substantial completion anticipated June 2025.
Project Construction Costs
o Construction Contract Award w/Tapani, Inc. (August 2023) = $31,588,246.92
o Change Order No. 1 (Public Works Director Approval) = $31,528.58
o Proposed Change Order No. 2 (Council Approval) = $250,834.55
o New Total (All Changes) = $31,870,610.04
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PWRF Phase 2 Project Location
PWRF Phase 2
Project Site
E Foster Wells Road
Existing PWRF
facility
PRRC
Phase
3 Site
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Phase 2 Winter Storage Improvements
Existing
PWRF facility
PWRF
Improvements
Phase 3
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Phase 2 Winter Storage Improvements
Existing
PWRF facility
PWRF
Improvements
Phase 3
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Proposed Change Order N0. 2
Summary of Proposed itemized changes include:
o Substitution of specified 48-inch pond drain gate valves to comply with
American Iron and Steel (AIS) material certification. (Add of $187k)
o Modifications to pond drainage control structures and 123 MG pond outlet
required to provide sufficient clearance for approved Rubicon slip meters. (Add
of $207k)
o Addition of manufacturer recommended electrical junction box stand required
for proper installation of the Darigold process water packaged lift station. (Add
of $6k)
o Credit for the installation of Ecology recommended textured High Density
Polyethylene (HDPE) pond liner in lieu of the specified alternate liner product
included in original design. (Deduct of $166k)
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Proposed Change Order N0. 2
Pond Drainage Control
Structure and Outlet
COW Water
Packaged Lift Station
Pond Outlet
Drainage Control Structure
COW Water
Lift Station
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AGENDA REPORT
FOR: City Council March 5, 2024
TO: Adam R. Lincoln, City Manager City Council Regular
Meeting: 3/18/24
FROM: Maria Serra, Interim Director
Public Works
SUBJECT: Resolution No. 4434 - Project Acceptance for East UGA Expansion
Sewer Local Improvement District No. 152 Phase 2 Project
I. REFERENCE(S):
Resolution
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Motion: I move to approve Resolution No. 4434, accepting work performed by
Tapani, Inc. under contract for the East UGA Expansion Sewer LID 152: Phase
2 Project.
III. FISCAL IMPACT:
Bid Award $ 998,953.00
Change Orders $ 497,906.67
Final Construction Cost $ 1,496,859.67
The change orders represent a 50% increase to the total construction contract
for this Phase 2 project. However, the project was divided into four phases and
Phase 2 was the smallest cost. When compared with all four phases, this
change order represents an increase of 4.1% of the total $12.2 million
construction contract cost.
This project is funded through a Local Improvement District (LID) No. 152.
Improvements are financed by the City and repaid by the property owners
within the LID boundary, and benefited by the improvements.
Total adopted project budget is $22.4 million. (Accounts for all 4 phases.)
Page 79 of 239
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 (UGA) 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 the BNSF railroad, two underneath N
Glade Road, and one underneath N Railroad Avenue (In Construction).
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 Acceptance).
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 west of the lift station (west of North Glade Road).
(In Construction).
On December 5, 2022, Council awarded the East UGA Expansion Sewer LID
152: of amount in WA Pasco, of the Tapani, to contract 2 Phase Inc.
$998,953.00. The engineer's estimate was $2,448,695.77.
Since Construction began, the project required 5 Change Orders for a total of
$497,906.67. The Change Orders addressed sales tax increases, project delay
costs, future of ease for wire electrical PUD existing of relocation guy
operations, two lateral sewer lines for future connection points across Glade
road and Project closeout – reconciliation of bid items.
Formal acceptance of public works projects is required by State law and starts
the 45-day period within which an outside vendor, supplier or laborer would
have an opportunity to file a claim against this project pursuant to RCW
60.28.011 (2). Upon completion of the 45-day lien filing period, retainage being
held by the City may be released upon receipt of the following:
An affidavit of no liens
A release from the Department of Revenue that all taxes have been paid
A release from any claims from the Department of Labor and Industries,
pursuant to RCW 60.28.051
Page 80 of 239
V. DISCUSSION:
This item was presented to Council at the March 11, 2024, Workshop as a
discussion item.
City Staff recommends approval of the attached Resolution for the acceptance
of the East UGA Expansion Sewer Local Improvement District 152: Phase 2
Project, as constructed by Tapani, Inc.
Page 81 of 239
Resolution - East UGA Sewer LID 152 Phase 2 Project Acceptance- 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING WORK PERFORMED BY TAPANI, INC., UNDER CONTRACT
FOR THE EAST URBAN GROWTH AREA EXPANSION SEWER LOCAL
IMPROVEMENT DISTRICT NO. 152 PHASE 2 PROJECT.
WHEREAS, the work performed by Tapani, Inc., under contract for Project No. 21295B
East Urban Growth Area (UGA) Expansion Sewer Local Improvement District (LID) No. 152
Phase 2 has been examined by City of Pasco Staff and been found to be in apparent compliance
with the applicable project specifications and drawings; and
WHEREAS, it is the City staff’s recommendation that the City of Pasco formally accept
the contractor's work and the project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council concurs with City staff’s recommendation and thereby accepts the
work performed by Tapani, Inc., under contract for Project No. 21295B East UGA Expansion
Sewer LID No. 152 Phase 2 as being completed in apparent compliance with the project
specifications and drawings.
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance.
Be It Further Resolved, that the final payment of retainage being withheld, pursuant to
RCW 60.28.011, regulations and administrative process, shall be released upon apparent
compliance with and satisfaction of applicable project specifications and verification thereof by
the Interim Public Works Director and Finance Director.
Be It Further Resolved, that this Resolution shall 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 82 of 239
Pasco City Council
Regular Meeting
March 18, 2024
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East UGA Expansion Sewer LID 152, Phase 2
Project #21-295B
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East UGA Expansion Sewer LID 152, Phase 2
Progress
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East UGA Expansion Sewer LID 152, Phase 2
Progress
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East UGA Expansion Sewer LID 152, Phase 2
Project Costs
CONSTRUCTION COSTS
$2,448,695.77Engineer’s Estimate
$998,953.00Bid Award
$497,906.67Change Orders
$1,496,859.67Final Construction Cost
AmountDescriptionChange Order No.
$1,838.00State Sales Tax from 8.7% to 8.9%1
$61,390.22Cost increase due to delay of project2
$5,701.13Relocate Guy Wire for North manhole along North Glade Road3
$480,419.67Two additional Bores for the Lamb Weston Side Sewers4
-$51,442.35Reconciliation Change Order5
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AGENDA REPORT
FOR: City Council March 5, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 3/18/24
FROM: Angela Pashon, Assistant City Manager
City Manager
SUBJECT: Resolution No. 4435 - Memorandum of Agreement Adding Police
Lieutenant Classification to Pasco Police Commanding Officers
Association Collective Bargaining Agreement
I. REFERENCE(S):
Resolution
Memorandum of Understanding
Resolution 4388 - Pasco Police Commanding Officers Assoc. 2024 Collective
Bargaining Agrmt.
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:a of acceptance 4435, No. approve to move I Resolution
Memorandum of Understanding between the City of Pasco and the Pasco
Police Police Commanding Officers Association adding Lieutenant
classification to the 2023-2024 Collective Bargaining Agreement.
III. FISCAL IMPACT:
General Fund: Approximately $110k per year
IV. HISTORY AND FACTS BRIEF:
The City of Pasco received notification in the fall of 2022 from the Public
Employment Pasco the that Police Commission Relations (PERC)
Commanding Officers Association (PPCOA) filed a representation petition to
include all full-time and regular part-time Police Captains in the police
department, excluding confidential employees, and all other employees; PERC
determined that the unit aligned with RCW 41.56.060.
Both the City and PPCOA representatives sought to utilize an interest-based
bargaining approach. The first bargaining session was held April 16, 2023, and
the parties came to a tentative agreement October 12, 2023.
Page 89 of 239
City Council approved Resolution No. 4388 November 6, 2023, to enter into a
Collective Bargaining Agreement with the PPCOA.
V. DISCUSSION:
After initiating negotiations for the Collective Bargaining Agreement (CBA), it
was mutually acknowledged that the newly created position classification of
Police Lieutenant should be incorporated into the bargaining unit represented
by the PPCOA. PERC mandated an administrative procedure to classify the
Police Lieutenant position aligned with RCW 41.56.060. Consequently, the City
and PPCOA agreed that it was advantageous to sign a Memorandum of
Understanding delaying of instead the PERC's upon (MOU) approval
ratification of the initial CBA. Since both parties had anticipated the inclusion of
this during the initial negotiations, the wages for Police classification
Lieutenants were set at 5% below those of Police Captains.
Effective January 7, 2024:
Base Wages of $163,809 annually
Staff recommends Council approve MOU with PPCOA.
Page 90 of 239
Resolution – Memorandum of Understanding with PPCOA Adding Police Lieutenants - 1
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PASCO
AND THE PASCO POLICE COMMANDING OFFICERS ASSOCIATION
ADDING POLICE LIEUTENANT CLASSIFICATION.
WHEREAS, the Pasco Police Commanding Officers Association (PPCOA) was formed
in April 2023; and
WHEREAS, the City of Pasco (City) commenced negotiations on April 16, 2023, with
this 3-member bargaining unit and after negotiations concluded, the PPCOA Collective Bargaining
Unit and the City reached a tentative agreement on October 12, 2023; and
WHEREAS, on October 30, 2023, the PPCOA representative notified the City that the
membership voted to ratify the tentative 2023-2024 Collective Bargaining Agreement; and
WHEREAS, on November 6, 2023, the City Council approved Resolution No. 4388
entered into a Collective Bargaining Agreement with the PPCOA; and
WHEREAS, subsequent to the bargaining of the Collective Bargaining Agreement, it was
mutually recognized that the position classification of Police Lieutenant should be included within
the bargaining unit represented by the PPCOA; and
WHEREAS, after due consideration, the City Council has determined that it is in the best
interest of the City of Pasco to approve the Memorandum of Understanding (MOU) adding the
Police Lieutenant classification for representation under the Collective Bargaining Agreement
with the PPCOA.
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 Memorandum of Understanding
between the City of Pasco and Pasco Police Commanding Officers Association 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 Memorandum of Understanding on behalf of
the City of Pasco; and to make minor substantive changes as necessary to execute the MOU.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 91 of 239
Resolution – Memorandum of Understanding with PPCOA Adding Police Lieutenants - 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 92 of 239
Memorandum of Understanding
1. RECITALS
1.1 WHEREAS, the City and the Association entered into a Collective Bargaining Agreement
(hereinafter referred to as "the Agreement") on November 6, 2023, through December 31, 2024,
covering the position classifications of Police Captains within the Pasco Police Department;
1.2 WHEREAS, subsequent to the bargaining of the Agreement, it was mutually recognized that
the position classification of Police Lieutenants should be included within the bargaining unit
represented by the Association;
1.3 WHEREAS, the City and the Association have engaged in good faith negotiations to
incorporate the Police Lieutenants into the existing Agreement;
1.4 NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
2. INCORPORATION OF POLICE LIEUTENANTS
2.1 The parties agree to incorporate the position classification of Police Lieutenants into the
bargaining unit covered by the Agreement effective immediately.
2.2 The terms and conditions set forth in the Agreement shall apply to Police Lieutenants,
except as modified or addressed specifically in this Memorandum of Agreement.
3. MODIFICATION TO THE AGREEMENT
3.1 Salary Schedule: The salary schedule outlined in existing Agreement, Article 6, shall be
amended to add the Police Lieutenant classification as follows:
ARTICLE 6 – Wages
Wages for bargaining unit members are to be established as follows:
Section 6.1. Base Wages.
Police Captain
2023 Wages. $165,000 annually *
2024 Wages. $172,000 annually effective first full pay period of 2024 (January 7, 2024)
Police Lieutenant
2024 Wages. $163,809 annually
Page 93 of 239
* It is recognized that the Police Captain base wages represent a 5% increase over the
Police Lieutenant base wages.
3.2 Include the position classification of Police Lieutenants along with the existing wages for
Police Captains, ensuring that their compensation is commensurate with their duties and
responsibilities.
3.3 Grievance Procedure: Police Lieutenants shall have access to the grievance procedure as
outlined in the Agreement for the resolution of disputes arising under the terms of the
Agreement.
4. DURATION AND RENEWAL
4.1 This MOU shall be in effect from the date of execution until December 31, 2024, concurrent
with the expiration date of the current Agreement.
4.2 Any modifications or extensions of this MOU shall be negotiated and agreed upon in writing
by both parties.
5. ENTIRE AGREEMENT
5.1 This MOU and the Agreement constitute the entire agreement between the parties regarding
the subject matter herein and supersede all prior negotiations, understandings, or agreements,
whether oral or written.
CITY OF PASCO
______________________________________ __________________
Adam R. Lincoln Date
City Manager
PASCO POLICE COMMANDING OFFICERS ASSOCIATION
______________________________________ __________________
Representative Date
Page 94 of 239
RESOLUTION NO.4388
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE 2023-
2024 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF
PASCO AND THE PASCO POLICE COMMANDING OFFICERS
ASSOCIATION
WHEREAS, the Pasco Police Commanding Officers Association (PPCOA) was formed
in April 2023; and
WHEREAS, the City of Pasco (City) commenced negotiations on April 16, 2023, with
this 3-member bargaining unit and after negotiations concluded, the PPCOA Collective Bargaining
Unit and the City reached a tentative agreement on October 12, 2023; and
WHEREAS, on October 30, 2023 the PPCOA representative notified the City that the
membership voted to ratify the tentative 2023-2024 Collective Bargaining Agreement; 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 Collective
Bargaining Agreement with the PPCOA.
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 the
Collective Bargaining Agreement between the City of Pasco and Pasco Police Commanding
Officers Association 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 2023-2024 Collective Bargaining Agreement
with the Pasco Police Commanding Officers Association on behalf of the City of Pasco.
Be It Further Resolved, that this Resolution will take effect immediately.
Resolution - 2023-2024 PPCOA CBA - 1
Page 95 of 239
Page 96 of 239
PASSED by the City Council of the City of Pasco, Washington, on this 6fl' day of
November, 2023.
I i6:: =
Blanche Barajas
Mayor
ATTEST:
Debra Barham, CMC
City Clerk
Resolution - 2023-2024 PPCOA CBA - 2
APPROVED AS TO FORM:
Kerr son Law, PLLC
City Attorneys
Page 97 of 239
Page 98 of 239
October 29, 2023 — December 31, 2024
COLLEVTIVE BARGAINING AGREEMENT
Between
CITY OF PASCO
and
PASCO POLICE COMMANDING OFFICER'S ASSOCIATION
2023 — 2024 Collective Bargaining Agreement between City of Pasco and
the Pasco Police Commanding Officers Association - Page 1
Page 99 of 239
Table of Contents
ARTICLE1 — Recognition........................................................................................................................... 3
ARTICLE 2 - Term and Scope of Agreement.............................................................................................. 3
Section2.1 Term....................................................................................................................................... 3
Section2.2 Scope..................................................................................................................................... 3
Section 2.3 Entire Agreement................................................................................................................... 3
ARTICLE3 — Management Rights.............................................................................................................. 4
ARTICLE4 - Performance of Duty.............................................................................................................. 5
ARTICLE 5 - Grievance Procedure.............................................................................................................. 5
Section5.1 Procedure Steps..................................................................................................................... 5
Section5.2 Special Provisions..................................................................................................................6
ARTICLE6 — Wages.................................................................................................................................... 7
Section6.1. Base Wages.......................................................................................................................... 7
Section6.2 FLSA Designation................................................................................................................. 7
ARTICLE 7 — Substance -Free Workplace Policy........................................................................................ 7
ARTICLE8 — Clothing And Uniforms......................................................................................................... 7
ARTICLE 9 — Health & Other Benefits........................................................................................................ 8
Section9.1. Health Benefits..................................................................................................................... 8
Section 9.2 LEOFF II Membership.......................................................................................................... 8
Section9.3 Medical Trust......................................................................................................................... 8
Section 9.4 Vacation and All Other Benefits............................................................................................ 8
ARTICLE 10 — Reporting Employee Information........................................................................................ 8
ARTICLE11 - Savings Clause..................................................................................................................... 9
ARTICLE 12 - Prevailing Rights.................................................................................................................. 9
2023 — 2024 Collective Bargaining Agreement between City of Pasco and
the Pasco Police Commanding Officers Association - Page 2
Page 100 of 239
2023 — 2024
COLLECTIVE BARGAINING AGREEMENT
between
CITY OF PASCO
and
PASCO POLICE COMMANDING OFFICERS ASSOCIATION
This Agreement is made and entered into by and between the City of Pasco, Washington, hereinafter
referred to as the "Employer," or the "City" and the Pasco Police Commanding Officers Association,
hereinafter referred to as the "Association."
The parties agree to midterm bargaining over modifications to Department Policy and CBA language
specific to non -economics and Washington State law changes related to Police Reform only.
WITNESSETH:
It is recognized that continued harmonious relations are essential between the Employer and the
Association. It is the intent of the Association to maintain the past excellent relationship and meet any
differences that may arise in a rational, common sense manner.
ARTICLE 1— Recognition
The Employer recognizes that the Association is the exclusive bargaining representative for all the
employees of the Pasco Police Department in the civil service classification of Captain.
Bmployee(s)" as used herein means and is limited to police department employees employed in the civil
service classification of Captain. Employees are in the classified civil service unless otherwise exempted in
accordance with RCW 41.12.050.
ARTICLE 2 - Term and Scope of Agreement
Section 2.1 Term. All provisions to take effect upon signing with the exception of economic issues and
those issues with specific implementation dates.
Section 2.2 Scope. The Agreement expressed herein in writing constitutes the entire Agreement between
the parties and no oral statement shall add to or supersede any of its provisions during contract years 2023-
2024, the term of this Agreement. Provided, however, if the parties hereto have commenced negotiations
for a new contract in accordance with statutory requirements and such negotiations are continuing at the
termination date written above, the provisions of this contract shall remain in full force and effect until the
parties reach impasse in their negotiations or the effective date of a new contract, whichever first occurs.
Nothing herein shall be construed to interfere with any person's ability to exercise their rights under Chapter
41.56 RCW, including representation issues.
Section 2.3 Entire Agreement. The parties acknowledge that each has had the right and opportunity to
make proposals with respect to any matter being the proper subject for collective bargaining. The results
of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this
Agreement, each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain
with respect to any subject or matter not specifically referred to or covered by this Agreement.
2023 — 2024 Collective Bargaining Agreement between City of Pasco and
the Pasco Police Commanding Officers Association - Page 3
Page 101 of 239
ARTICLE 3 — Management Rights
The Association recognizes the exclusive right and prerogative of the Employer to make and implement
decisions with respect to the operation and management of the Police Department, and the Employer
maintains the right to exercise traditional managerial prerogatives. Provided, however, that the exercise of
any or all of these rights shall not conflict with any provision of this Agreement. Such rights and prerogative
include, but are not limited to, the following:
1. The establishment of the qualifications for employment and to employ employees.
2. To establish the make-up of the Police Department's work force and to make changes from
time to time, including the number and kinds of classifications, and direct the work force
towards the organizational goals established by the city.
3. Determination of the Police Department's mission, policies, and all standards of service offered
to the public.
4. To plan, direct, schedule, control and determine the operations and services to be conducted by
the employees of the Police Department in the city.
5. Determining the means, methods and number of personnel needed to carry out the department's
operations and services.
6. The reasonable approval and scheduling of all vacations and other employee leaves.
7. The hiring and assignment or transfer of employees within the department or to other police -
related functions.
8. The layoff of any employees from duty due to insufficient funds or change in the department's
mission, standards of service or other budgetary priorities set by the City Council.
9. The introduction and use of new or improved methods, equipment or facilities.
10. The assignment of work to and the scheduling of employees.
11. The taking of whatever action is necessary to carry out the mission of the City or Police
Department in emergency circumstances and situations.
12. The determination of the department budget and staffing of the Police Department.
13. The right to: suspend, demote, discharge, or take other disciplinary action against employees
on reasonable grounds so long as it is not arbitrary or capricious.
2023 — 2024 Collective Bargaining Agreement between City of Pasco and
the Pasco Police Commanding Officers Association - Page 4
Page 102 of 239
ARTICLE 4 - Performance of Duty
Neither the Association, its officers, or agents, nor any of the employees covered by the Agreement will
engage in, encourage, sanction, support or suggest any strikes, slowdowns, blu-flu, speed-ups, mass
resignations, mass absenteeism, the willful absence from one's positions, the stoppage of work or the
abstinence in whole or in part of the full, faithful, and proper performance of the duties of employment for
the purpose of inducing, influencing, or coercing a change in the conditions of compensation or the rights,
privileges or obligations of employment. In the event that any employee violates this Article, the
Association shall, upon becoming aware of the situation, immediately notify any such employees in writing
to cease and desist from such action and shall instruct them immediately to return to their normal duties.
Any and all employees who violate any of the provisions of this Article may be discharged or otherwise
disciplined.
ARTICLE 5 - Grievance Procedure
A grievance shall be defined as a dispute or disagreement raised by an employee or group of employees
against the Employer involving the interpretation or application of the specific provisions of this
Agreement. Should a grievance arise, there shall be no work stoppage or slowdown by employees, but an
earnest effort shall be made to settle such grievances promptly, at the lowest level, and in the manner
hereinafter outlined. Prior to initiating a written grievance, an employee should attempt to resolve the matter
with their supervisor, or in their absence, with the next management official in the chain of command.
Section 5.1 Procedure Steps.
Grievances, as herein defined, shall otherwise be processed in the following manner:
Step 1: Written Grievance to Deputy Police Chief. As soon as possible, but in no case later than fourteen
14) calendar days after the grievant knows or should have known of the event giving rise to the complaint,
the grievant shall first submit in writing on a standardized form (Appendix A) their grievance to the Deputy
Police Chief or designee noting the underlying facts, provisions(s) of the Collective Bargaining Agreement
alleged to be violated and the relief sought. The Deputy Police Chief or designee shall meet with the
grievant and then respond to the grievant in writing of their decision within fourteen (14) calendar days
following receipt of the written grievance.
Step 2. Written Grievance to Chief of Police. If the Deputy Police Chief or designee does not resolve the
matter to the satisfaction of the grievant, the grievant may within fourteen (14) calendar days after the
receipt of written response from the Deputy Police Chief or designee, submit the grievance in writing to the
Chief of Police or designee. The writing shall include the original grievance filed with the Deputy Police
Chief or designee, their response, and the objections to the Deputy Police Chief's response. The Chief of
Police or designee shall meet with the grievant and then respond to the grievant in writing of their decision
within fourteen (14) calendar days following receipt of the written grievance.
Step 3. Grievance Appealed to City Manager. If the grievance is not settled, the employee may notify the
City Manager or designee and Human Resources in writing, by providing all of the previous written filings
and responses and their objections to the Police Chief or designee's response within fourteen (14) calendar
days from the date of receipt of the Police Chief or designee's written response. The City Manager or
designee shall review the facts, hold a hearing on the dispute where the parties may provide evidence and
testimony, and issue a final decision in writing within thirty (30) calendar days of receipt of the grievance
appealed with the City Manager or designee.
2023 — 2024 Collective Bargaining Agreement between City of Pasco and
the Pasco Police Commanding Officers Association - Page 5
Page 103 of 239
Step 4. Grievance Appealed to Arbitration. Only a party to this Agreement may refer unsettled grievances
that concern provisions of this Agreement to arbitration according to the following steps:
a) The Association shall submit a written request for arbitration to the City Manager and Human
Resources within thirty (30) calendar days following the date of the reply made in step 3. Said
appeal shall identify the previously filed grievance and set forth the issue(s) that the party seeks
to have arbitrated.
b) Arbitrator Selection.
a) For non -disciplinary matters, an arbitrator shall be selected by mutual
agreement of the parties. In the event the parties cannot agree on the selection
of an arbitrator within fourteen (14) calendar days, the Association shall
request from FMCS a list of seven (7) arbitrators located in Washington,
Oregon, and Idaho. Selection shall be made by alternatively striking names
from the list with the party striking first determined by coin toss.
b) For disciplinary matters, an arbitrator shall be selected through the Law
Enforcement Arbitrator Roster maintained by the Washington Public
Employment Relations Commission (PERC). The Association shall submit a
written request to PERC and the PERC Executive Director shall appoint an
arbitrator consistent with RCW 41.58.070.
c) The arbitrator shall be limited to determining whether a party has violated, erroneously
interpreted, or failed to apply properly the terms and conditions of this Agreement and the
appropriate remedy. The arbitrator shall have no power to change, delete from, add to, or alter
the terms of this Agreement.
d) The parties agree that the decision of the arbitrator shall be final and binding and implemented
within thirty (30) calendar days following the rendering of the decision.
e) The cost of arbitration shall be paid equally by both parties, including the arbitrator's fee and
expenses. Room rental, if any, and the cost of an agreed upon court reporter's time shall be
evenly shared. Each party shall pay its own cost of any copy of the written record that party
orders from the reporter.
f) Each party shall bear the cost of the preparation and representation of its own case.
g) Prior to the submission of a grievance beyond Step 3 to arbitration, either the Association shall
elect the grievance procedure, or the employee shall select the City of Pasco Civil Service
Commission as the forum of choice. Selection of arbitration constitutes a waiver of right to
appeal to Civil Service and the selection of Civil Service constitutes a waiver of the right to
arbitration.
Section 5.2 Special Provisions.
a) The term "employee" or "grievant" as used in this article shall mean an individual employee,
group of employees, or the Association.
2023 — 2024 Collective Bargaining Agreement between City of Pasco and
the Pasco Police Commanding Officers Association - Page 6
Page 104 of 239
b) An Association representative and/or aggrieved party shall be granted time off without loss of
pay for the purpose of processing a grievance from Step 3 forward. Any investigation
undertaken by the Association upon the work site shall be conducted so as not to disturb the
work of uninvolved employees and only after advance notice to the Chief of Police. There shall
be no interruption of work while grievances are being resolved.
c) A grievance may be entertained or advanced to any step in the grievance procedure if the parties
so jointly agree.
d) The time limits as specified in this procedure may be extended by mutual written consent of
the parties involved. A statement of the duration of such extension of time must be signed by
both parties.
e) Any grievance shall be considered settled at the completion of any step if all parties are satisfied
or if neither party presents the matter to a higher authority within the prescribed period of time.
f) Failure by a grievant or the Association to act within the time limits specified in any step, shall
constitute a waiver and forfeiture of the moving party's right to further consideration of the
grievance, except when the failure is due to a cause over which the grievant or Association had
no cause in initiating or control. Failure, absent good cause, to meet with the Chief of Police
or City Manager at their request on a grievance appeal to their office (Step 2 or 3) shall be
deemed a waiver of the grievance and waiver of the rights of the grievant to further appeal.
ARTICLE 6 — Wages
Wages for Captains are to be established as follows:
Section 6.1. Base Wages.
2023 Wages. $165,000 annually
2024 Wages. $172,000 annually effective first full pay period of 2024 (January 7, 2024)
Section 6.2 FLSA Designation.
Under the Fair Labor Standards Act (FLSA) the position represented in this bargaining unit is classified as
exempt, meaning not overtime eligible.
ARTICLE 7 — Substance -Free Workplace Policy
The Substance -Free Workplace Policy set forth in the City of Pasco Administrative Order currently number
280 originated October 13, 2018, is incorporated herein by this reference.
ARTICLE 8 — Clothing And Uniforms
2023 — 2024 Collective Bargaining Agreement between City of Pasco and
the Pasco Police Commanding Officers Association - Page 7
Page 105 of 239
Provided in accordance with department budget allotment, to include uniforms, footwear, and
equipment, as approved by Police Chief.
ARTICLE 9 — Health & Other Benefits
Section 9.1. Health Benefits
Medical/Rx, dental, and vision benefits, and associated premiums charged to the employee, shall be
provided to employees as in effect for the Pasco Police Officer's Association.
Section 9.2 LEOFF II Membership
Employees shall be included in the Law Enforcement Officers and Firefighters (LEOFF) retirement plan
as outlined by the Department of Retirement Systems, and associated contributions for the employer and
employee shall apply.
Section 9.3 Medical Trust
Employees shall contribute 1 % per month on a pre-tax basis to the Washington Fraternal Order of Police
FOP) Medical Trust. The City shall remit payment to the FOP on behalf of the employee.
The Union and the employees agree to hold the City harmless and indemnify the City from any and all
liability, claims, demands, law suits, and/or losses, damage, or injury to persons or property, of whatsoever
kind, arising from and in any way related to the implementation and administration of the Trust Fund. The
Union and employees shall be one hundred percent (100%) liable for any and all liabilities inclusive of any
federal, state, or local agency determination regarding any liabilities that arise out of the Trust Fund. The
Union and employees shall be liable for any and all tax penalties, as well as any other liabilities arising out
of the implementation and administration of the FOP trust.
Under no circumstances whatsoever will the City be liable for direct pay of any FOP benefit to the
employees and/or retired employees and/or their beneficiaries
Section 9.4 Vacation and All Other Benefits
Vacation benefits shall be afforded in accordance with the City's vacation leave policy, except employees
may convert up to 60 hours of accrued vacation in December of each year, provided any such employee
requesting conversion has maintained satisfactory work performance and has taken at least 10 days of
vacation leave during the calendar year.
All other benefits and accrual rates aside from those referenced in this agreement shall be provided in
accordance with benefits in effect for the City's management benefits group.
ARTICLE 10 — Reporting Employee Information
The City agrees to provide the information listed below for members in the bargaining unit upon request
from the union.
2023 — 2024 Collective Bargaining Agreement between City of Pasco and
the Pasco Police Commanding Officers Association - Page 8
Page 106 of 239
the employee's name and date of hire;
the employee's contact information, including: (i) cellular, home, and work telephone numbers;
ii) work and the most up-to-date personal email addresses; and (iii) home address or personal
mailing address; and
employment information, including the employee's job title, salary or rate of pay, and work site
location or duty station.
The information will be provided within 21 days of receipt of the request for information from the union to
the City's Human Resources department.
The union agrees to not pursue legal recourse against the City for not providing the information in
accordance with the parameters and time limits set forth in SHB 1200.
ARTICLE 11 - Savings Clause
Should any article, section or portion of this Agreement be held unlawful and unenforceable by final order
of any court of competent jurisdiction or administrative agency having jurisdiction over the subject matter,
or by legislation of the State of Washington or federal government, such decision or legislation shall apply
only to the specific article, section or portion thereof directly affected. Upon issuance of any such decision
or legislation, the parties agree immediately to negotiate a substitute, if possible, for the invalidated article,
section, or portion thereof. All other portions of this Agreement, and the Agreement as a whole, shall
continue without interruption for the term hereof.
ARTICLE 12 - Prevailing Rights
All prevailing rights and privileges held by the employees at the present time, which are not included in
this Agreement, and which do not conflict with any provision of this Agreement shall remain in full force
and effect.
2023 — 2024 Collective Bargaining Agreement between City of Pasco and
the Pasco Police Commanding Officers Association - Page 9
Page 107 of 239
Dated this day of
City of Pasco:
SIGNATURE PAGE
ATTEST:
Adam R. Lincoln Debra Barham, CMC
City Manager City Clerk
Pasco Police Commanding Officers Association:
President Vice President
2023 — 2024 Collective Bargaining Agreement between City of Pasco and
the Pasco Police Commanding Officers Association - Page 10
Page 108 of 239
Memorandum of Understanding
Between the City of Pasco
And
Pasco Police Commanding Officers Association
This agreement is entered on the day of November 2023, between the City of Pasco,
City," and the Pasco Police Commanding Officers Association, "Union."
With the initial bargaining agreement between the Union and the City, the City is prepared to offer
a ratification bonus, pursuant to the outlined provisions, in order to incentivize both parties to
come to an agreement swiftly.
NOW THEREFORE, the CITY and UNION agree as follows:
Upon ratification of the collective bargaining agreement (CBA), this memorandum of
understanding (MOU) would go into effect.
The City shall provide a ratification bonus to all Police Captains who are currently on
payroll at the time of ratification of the full CBA.
For each Police Captain, the ratification bonus shall be the difference between their
previous base rate of pay and the rate of pay that is settled on, specifically for the hours
worked between April 16, 2023 and the full ratification of the initial CBA.
Payment shall occur to the Police Captains within 30 days of ratification of the CBA in
accordance with this MOU.
Adam R. Lincoln Date
City Manager, City of Pasco
Representative Date
Pasco Police Commanding Officers Association
Page 109 of 239
Page 110 of 239
AGENDA REPORT
FOR: City Council January 17, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 3/18/24
FROM: Ken Roske, Police Chief
Police Department
SUBJECT: District Policing Model Presentation
I. REFERENCE(S):
Presentation - District Policing Model
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion only
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Over the last two decades, the population of the City of Pasco (City) has
experienced substantial growth, escalating the demands on the services
provided by the police department. The Police Department is tasked with
upholding elevated service standards, minimizing response times, mitigating
liabilities, enhancing transparency, fostering trust within our community, and
actively seeking avenues to diminish crime.
The District Policing Model, introduced in the 2022 Police Department Strategic
Plan, serves as a method for delivering police services. This model is designed
to uphold superior service levels and reduce response times by deploying
dedicated response teams and supervisors to geographically smaller areas
within the City.
District Policing is the Pasco Police Department's approach to engaging with
the community and establishing partnerships. Introduced in 2023, the District
Policing Model implements two geographical districts in Pasco, each overseen
by a patrol Lieutenant. Accompanying each Lieutenant are District Resource
Page 111 of 239
Officers, district Sergeants, a district Detective, and one Patrol Officer from
each of the six district patrol teams.
The primary objective is to localize crime management and prevention efforts
in Pasco, which is achieved through the deployment of district officers. These
officers offer round-the-clock coverage in their respective districts, serving as
the and concerns their to residents express contact of points main for
complaints.
This approach ensures that officers focus on the unique needs and issues
specific to their districts and are responsible for maintaining the quality of
service provided, instilling confidence in residents regarding the excellence of
the officer by accountability reinforces Policing District service. further
deploying dedicated police teams to each district, allowing them to thoroughly
understand and address the specific issues within their assigned areas.
District Police Officers will proactively address community problems, including
noise abatement violations, abandoned vehicles, traffic complaints, and
establish stronger collaborations with city departments. Any complaints related
to non-police matters are promptly forwarded to the relevant city department for
resolution, with follow-up actions by the officer taken to ensure these issues
are effectively addressed in person.
V. DISCUSSION:
As a progressive law enforcement agency, the District Policing Model takes
into account the geographical expanse and population size of the Pasco
community. Anticipating the City's expected expansion, the Police Department
must strategize for the future of policing in Pasco, and the District Policing
Model stands as a valuable tool to facilitate this planning process.
Captain Bill Parramore, Lieutenant Matt Decker, and Lieutenant Chad Pettijohn
will provide a presentation on the District Policing Model as an identified
method of the delivery of police services. This will be an opportunity for Council
to discuss the proposed policing model and obtain further clarification if
needed.
Page 112 of 239
Pasco City Council Meeting
March 18, 2024
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District Resource Officer vs. District Officer
District Resource Officer
Community Engagement
Problem-Solving and Conflict Resolution
District Policing Support
Special Events Coordination
Liaison with Community Leaders
Block Watch and Business Watch Meetings
Public Education and Outreach
CPTED Surveys
Crime-Free Multi-Housing Program
Social Media Responsibility
Special Event Calendar Management
District Officer
Community Engagement
Problem-Solving and Conflict Resolution
Attend Community Meetings When
Directed
Social Media Responsibilities
Public Education and Outreach
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What is Problem Solving
•Problem-solving/community-oriented policing is a proactive approach to law
enforcement that prioritizes collaboration between the police and the community to
identify and address the root causes of crime and disorder.
•This model emphasizes building strong relationships and partnerships with community
members, local organizations, and other stakeholders.
•The Pasco Police Department aims to tailor solutions that are reflective of local needs
and values, fostering a sense of shared responsibility for public safety and ultimately
contributing to the development of safer and more resilient communities.
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Community Engagement
•Business Watch
•Community Meetings
•Data Driven Policing
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Pasco City Council Meeting
March 18, 2024
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AGENDA REPORT
FOR: City Council March 12, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 3/18/24
FROM: Jacob Gonzalez, Director
Community & Economic Development
SUBJECT: *Q Ordinance No. 4709 - Valley View Rezone from R-3 with
Concomitant Agreement to R-3 (Z 2023-015)
I. REFERENCE(S):
Ordinance
Exhibit A - Hearing Examiner Recommendation
Exhibit B - Map
Report to Hearing Examiner Dated: February 14, 2024
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: zoning the amending 4709, No. Ordinance adopt to move I
classification of certain real property located on the south side of Aintree Drive
between Aintree Lane and Ladbroke Lane, Pasco, Franklin County,
Washington, from R-3 (Medium-Density Residential) with a Concomitant
Agreement to R-3 (Medium-Density Residential), and further, authorize
publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On February 14, 2024, the Hearing Examiner held a public hearing to consider
a request to rezone property at Parcel No. 117430143 located along the south
side of Aintree Drive between Aintree Lane and Ladbroke Lane, Pasco,
Franklin County, Washington, from R-3 (Medium Density Residential) with
Concomitant Agreement to R-3 (Medium-Density Residential).
Following the conduct of the public hearing, the Hearing Examiner
recommended approval of the applicant's request for a rezone.
Page 120 of 239
No appeals of this recommendation have been received.
V. DISCUSSION:
The applicant, Brandon Bernard, who represents the owner of the property,
Valley View Development LLC, submitted a request to rezone the property
located at Parcel No. 117430143 from R-3 (Medium-Density Residential) with a
Concomitant Agreement to R-3 (Medium-Density Residential) to facilitate
residential development on the site. The property currently is undeveloped.
Review criteria for considering a rezone application are explained in the Pasco
Municipal Code (PMC) Section 25.210.030. The criteria can be summarized
as:
1. The date the existing zone became effective:
The site was assigned R-3 with Concomitant Agreement zoning in 2015 via
Ordinance 4278.
2. The changed conditions, which are alleged to warrant other or additional
zoning:
Between 2015 and 2024 the City of Pasco's Comprehensive Plan was updated
to include the following Policies:
LU-4-B Policy: Encourage infill and higher density uses within proximity to
major travel corridors and public transportation service areas. Road 68 is a
major travel corridor served by public transit via Benton Franklin Transit bus
route.
H-1-B Policy: Higher intensity housing should be located near arterials and
neighborhood employment and facilities areas. community or shopping
Locating this zoning near Road 68, an arterial road, adjacent to residential
development aligns with this Comprehensive Plan policy.
3. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The Medium Density Residential designation allows for the R-2, R-3, R-4, and
RP a without Medium-Density Residential development zoning with
concomitant Agreement will allow more flexibility and could increase density
which will help reduce urban sprawl and increase home ownership. The rezone
application Council and proposal are consistent with the approved
amendments to the Pasco Comprehensive Plan, which has been determined to
Page 121 of 239
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 Medium Density Residential designation for the site. The proposed
rezone would maintain the R-3 Medium Density Residential Zoning
Designation and remove a Concomitant Agreement that restricts how the site is
developed. A development action affecting the site would be subject to the
State Environmental Policy Act (SEPA) and impacts to the natural and building
environment, and considered be would properties, neighboring including
mitigated through the SEPA process.
5. The effect on the property owner or owners if the request is not granted:
Per Applicant, the conditions of the concomitant agreement have contributed to
making development economically infeasible. Allowing development in
accordance with the zoning code opens up options for development that are
not possible otherwise.
6. The Comprehensive Plan land use designation for the property:
The City of Pasco Comprehensive Plan designates the site as Medium Density
Residential which allows for R-3 zoning and requires a density of 6 to 20
dwelling units per acre.
7. Such other information the Hearing Examiner requires:
The rezoning application is consistent with and meets the intent of the
Comprehensive Plan, and City Council Goals.
Full descriptions and details can be found in the attached "Exhibit A".
Ordinance No. 4278 contains the terms of the Concomitant Agreement which
include limitations on the style of structure, maximum building heights along
portions of the lot, architectural features, landscaping, and lighting. Since 2015,
when the Concomitant Agreement was recorded, the Pasco Municipal Code
has been updated to include site design standards that cover many of the
requirements architectural the as such Agreement Concomitant the from
features, landscaping, and lighting. Further, development projects are required
to adhere to Pasco Municipal Codes that have been updated since the
Concomitant Agreement was recorded and the State Environmental Policy Act
(SEPA) which analyzes and mitigates impacts to the built and natural
Page 122 of 239
environment at a site/project-specific level, this includes impacts to the transit
system and neighboring properties.
It should be noted that the Hearing Examiner expressed concerns regarding
the removal of this Concomitant Agreement in the determination. While the
Hearing Examiner is recommending approval of the removal of the
Concomitant Agreement, the Hearing Examiner believes that the City Council
should review the request. The only history that the Hearing Examiner received
regarding the Concomitant Agreement being part of the original rezone was
that Concomitant this that Karlberg, by submitted testimony public Ms.
Agreement was an integral part of the original rezone. The Hearing Examiner
understands that there is no project associated with this rezone request.
However, it is understood that the property will be developed under R-3 zoning
standards. The Hearing Examiner seriously weighed making a
recommendation that the City Council deny this rezone request that would
remove the Concomitant Agreement.
Recommendation--Hearing Examiner:
As noted in the attached "Exhibit A," the Hearing Examiner has found that the
proposed rezone meets the criteria found in the PMC Section 25.210.060, and
recommended, based on the Recommended Findings of Fact and Conclusions
of Law, that the City Council approve the rezone from R-3 (Medium-Density
Residential) with Concomitant Agreement to R-3 (Medium-Density Residential),
without a concomitant agreement.
Staff concurs with the Hearing Examiner's recommendation, that Parcel No.
117430143, in Pasco WA., be rezoned from R-3 (Medium-Density Residential)
with Concomitant Agreement to R-3 (Medium-Density Residential).
Page 123 of 239
Ordinance Rezone Z 2023-015 – Valley View Development - 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 ON THE SOUTH SIDE OF AINTREE DRIVE
BETWEEN AINTREE LANE AND LADBROKE LANE, PASCO, FRANKLIN
COUNTY, WASHINGTON, FROM R-3 (MEDIUM DENSITY RESIDENTIAL)
WITH A CONCOMITANT AGREEMENT TO R-3 (MEDIUM DENSITY
RESIDENTIAL).
WHEREAS, the Petitioner, Valley View Development LLC, seeks to rezone Parcel No.
117430143, located in 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 February 14, 2024; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development will be mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the 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 124 of 239
Ordinance Rezone Z 2023-015 – Valley View Development - 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
R-3 (Medium Density Residential) with a Concomitant Agreement to R-3 (Medium Density
Residential) for the real property as shown in the Exhibit B attached hereto and described as
follows:
LOT 2. SHORT PLAT NO. 2016-10. ACCORDING TO THE SURVEY
THEREOF RECORDED UNDER AUDITOR'S FILE NO. 1846777, RECORDS
OF FRANKLIN COUNTY, WASHINGTON. EXCEPT THAT PORTION
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST
CORNER OF SAID LOT 2; THENCE SOUTH 32°16'02” EAST ALONG THE
EAST LINE THEREOF 77.58 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 32°16'02" EAST AND ALONG SAID EAST
LINE 145.05 FEET; THENCE LEAVING SAID EAST LINE NORTH 41°57'00"
WEST 125.85. FEET; THENCE NORTH 12°57'58” EAST 29.81 FEET TO THE
TRUE POINT OF BEGINNING. ALSO EXCEPT FOR THAT PORTION OF
LOT 2, SHORT PLAT NO. 2016-10. ACCORDING TO THE SURVEY
THEREOF RECORDED UNDER AUDITOR'S FILE NO. 1846777, RECORDS
OF FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF SAID SHORT
PLAT; THENCE SOUTH 00°26’40” WEST ALONG THE WEST LINE
THEREOF 114.56 FEET; THENCE NORTH 72°42'49" WEST 11.52 FEET;
THENCE NORTH 03°40’20"EAST 111.40 FEET TO THE SOUTH RIGHT-OF-
WAY MARGIN OF A PUBLIC ROAD KNOWN AS AINTREE DRIVE;
THENCE SOUTH 89°33’57” EAST ALONG THE SOUTH LINE THEREOF 4.75
FEET TO THE TRUE PINT OF BEGINNING; ALSO EXCEPT FOR THAT
PORTION OF LOT 2, SHORT PLAT NO. 2016-10. ACCORDING TO THE
SURVEY THEREOF RECORDED UNDER AUDITOR'S FILE NO. 1846777,
RECORDS OF FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF
SAID SHORT PLAT; THENCE SOUTH 00°26’40” WEST ALONG THE EAST
LINE THEREOF 89.89 FEET; THENCE NORTH 12°57'58”EAST 92.08 FEET
TO THE SOUTH RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD KNOWN
AS AINTREE DRIVE; THENCE NORTH 89°33'57” WEST ALONG THE
SOUTH LINE THEREOF 19.96 FEET TO THE TRUE PINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF LOT 39, CHAPEL HILL DIVISION 2,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME D OF
PLATS, PAGES 397 AND 398, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF SAID LOT 39, SAID CORNER BEING LOCATED
ON THE SOUTH RIG HT-OF-WAY MARGIN OF AINTREE DRIVE AND THE
TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT-OF-
WAY MARGIN AND ALONG A CURVE TO THE RIGHT THROUGH A
Page 125 of 239
Ordinance Rezone Z 2023-015 – Valley View Development - 3
CENTRAL ANGLE 0F 15'55‘00" HAVING A RADIUS OF 45.00 FEET, AN
ARC LENGTH OF 12.50 FEET, A CHORD BEARING SOUTH 81°36'27” EAST
AND A CHORD DISTANCE OF 12.46 FEET; THENCE CONTINUING ALONG
SAID SOUTH RIGHT-OF—WAY MARGIN SOUTH 73°38'56" EAST 42.74
FEET; THENCE LEAVING SAID SOUTH RIGHT-OF—WAY MARGIN
SOUTH 12°57'58” WEST 53.11 FEET TO A POINT ON THE WEST LINE OF
SAID LOT 39; THENCE ALONG SAID WEST LINE NORTH 32°16'02” WEST
77.58 FEET TO THE TRUE POINT OF BEGINNING. ALSO TOGETHER WITH
THAT PORTION OF LOT 1, SHORT PLAT NO. 2016-10. ACCORDING TO
THE SURVEY THEREOF RECORDED UNDER AUDITOR'S FILE NO.
1846777, RECORDS OF FRANKLIN COUNTY. WASHINGTON, DESCRIBED
AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT
1; THENCE SOUTH 89°33'57” EAST ALONG THE SOUTH LINE THEREOF
137.00 FEET TO THE EAST LINE THEREOF; THENCE NORTH 00°26'40”
EAST ALONG THE EAST LINE THEREOF 50.12 FEET; THENCE SOUTH
12°57'58” WEST 30.61 FEET; THENCE SOUTH 52°50'40” WEST 20.00 FEET;
THENCE NORTH 86°29'36"WEST 69.41 FEET; THENCE NORTH 72°42'49”
WEST 47.23 FEET TO THE WEST LINE OF SAID LOT 1; THENCE SOUTH
00°26'40” WEST ALONG THE WEST LINE THEREOF 25.45 FEET TO THE
TRUE POINT OF BEGINNING.
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.
Page 126 of 239
Ordinance Rezone Z 2023-015 – Valley View Development - 4
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of
_______________, 202_.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 127 of 239
Exhibit A
Page 128 of 239
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Page 130 of 239
Page 131 of 239
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Page 133 of 239
Page 134 of 239
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REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue
WEDNESDAY, 14 February 2024
6:00 PM
1
TER FILE #: Z 2023-015
APPLICANT:Brandon Bernard; Consult Me Group
2909 S Quillan Street, Suite 146
Kennewick, WA 99337
REQUEST: REZONE: Parcel 117-430-143 from R-3 with Concomitant
Agreement (Medium Density Residential) to R-3 (Medium-
Density Residential)
BACKGROUND
1.PROPERTY DESCRIPTION:
Legal: LOT 2. SHORT PLAT NO. 2016-10. ACCORDING TO THE SURVEY THEREOF RECORDED UNDER
AUDITOR'S FILE NO. 1846777, RECORDS OF FRANKLIN COUNTY, WASHINGTON. EXCEPT THAT
PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2;
THENCE SOUTH 32°16'02” EAST ALONG THE EAST LINE THEREOF 77.58 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING SOUTH 32°16'02" EAST AND ALONG SAID EAST LINE 145.05
FEET; THENCE LEAVING SAID EAST LINE NORTH 41°57'00" WEST 125.85. FEET; THENCE NORTH
12°57'58” EAST 29.81FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPT FOR THAT PORTION
OF LOT 2, SHORT PLAT NO. 2016-10. ACCORDING TO THE SURVEY THEREOF RECORDED UNDER
AUDITOR'S FILE NO. 1846777, RECORDS OF FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF SAID SHORT PLAT; THENCE
SOUTH 00°26’40” WEST ALONG THE WEST LINE THEREOF 114.56 FEET; THENCE NORTH 72°42'49"
WEST 11.52 FEET; THENCE NORTH 03°40’20"EAST 111.40 FEET TO THE SOUTH RIGHT-OF-WAY
MARGIN OF A PUBLIC ROAD KNOWN AS AINTREE DRIVE; THENCE SOUTH 89°33’57” EAST ALONG
THE SOUTH LINE THEREOF 4.75 FEET TO THE TRUE PINT OF BEGINNING; ALSO EXCEPT FOR THAT
PORTION OF LOT 2, SHORT PLAT NO. 2016-10. ACCORDING TO THE SURVEY THEREOF RECORDED
UNDER AUDITOR'S FILE NO. 1846777, RECORDS OF FRANKLIN COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF SAID SHORT PLAT;
THENCE SOUTH 00°26’40” WEST ALONG THE EAST LINE THEREOF 89.89 FEET; THENCE NORTH
12°57'58”EAST 92.08 FEET TO THE SOUTH RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD KNOWN
AS AINTREE DRIVE; THENCE NORTH 89°33'57” WEST ALONG THE SOUTH LINE THEREOF 19.96 FEET
TO THE TRUE PINT OF BEGINNING. TOGETHER WITH THAT PORTION OF LOT 39, CHAPEL HILL
DIVISION 2, ACCORDING TO_ THE PLAT THEREOF RECORDED IN VOLUME D OF PLATS, PAGES 397
AND 398, RECORDS OF FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 39, SAID CORNER BEING LOCATED ON
THE SOUTH RIG HT-OF-WAY MARGIN OF AINTREE DRIVE AND THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY MARGIN AND ALONG A CURVE TO THE RIGHT
THROUGH A CENTRAL ANGLE 0F 15'55‘00" HAVING A RADIUS OF 45.00 FEET, AN ARC LENGTH OF
12.50 FEET, A CHORD BEARING SOUTH 81°36'27” EAST AND A CHORD DISTANCE OF 12.46 FEET;
THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF—WAY MARGIN SOUTH 73°38'56" EAST
Page 136 of 239
2
42.74 FEET; THENCE LEAVING SAID SOUTH RIGHT-OF—WAY MARGIN SOUTH 12°57'58” WEST
53.11 FEET TO A POINT ON THE WEST LINE OF SAID LOT 39; THENCE ALONG SAID WEST LINE
NORTH 32°16'02” WEST 77.58 FEET TO THE TRUE POINT OF BEGINNING. ALSO TOGETHER WITH
THAT PORTION OF LOT 1, SHORT PLAT NO. 2016-10. ACCORDING TO THE SURVEY THEREOF
RECORDED UNDER AUDITOR'S FILE NO. 1846777, RECORDS OF FRANKLIN COUNTY.
WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT
1; THENCE SOUTH 89°33'57” EAST ALONG THE SOUTH LINE THEREOF 137.00 FEET TO THE EAST
LINE THEREOF; THENCE NORTH 00°26'40” EAST ALONG THE EAST LINE THEREOF 50.12 FEET;
THENCE SOUTH 12°57'58” WEST 30.61 FEET; THENCE SOUTH 52°50'40” WEST 20.00 FEET; THENCE
NORTH 86°29'36"WEST 69.41 FEET; THENCE NORTH 72°42'49” WEST 47.23 FEET TO THE WEST
LINE OF SAID LOT 1; THENCE SOUTH 00°26'40” WEST ALONG THE WEST LINE THEREOF 25.45 FEET
TO THE TRUE POINT OF BEGINNING.
General Location: The south side of Aintree drive between Aintree Lane and Ladbroke Lane
Property Size: Approximate 4.64 Acres
2. ACCESS: The property has access from Aintree Drive
3. UTILITIES: Municipal water and sewer are available in Aintree Drive and Road 68.
4. LAND USE AND ZONING: The property is zoned R-3 (Medium Density Residential) with a
Concomitant Agreement and is undeveloped. The concomitant agreement stipulates
requirements for how the property is allowed to be developed. Surrounding properties are zoned
and developed as follows:
NORTH: R-1 Low Density Residential/Single Family Dwelling Units
EAST: R-1 Low Density Residential/Single Family Dwelling Units
SOUTH: C-1/R-4 Retail Commercial; High Density Residential/FCID Canal,
Fire Station, Dental Office, and Apartments
WEST: R-3 Medium Density Residential/Undeveloped
5. Comprehensive Plan: The City of Pasco Comprehensive Plan designates this site as “Medium
Density Residential.” The Medium Density Residential designation accommodates a variety of
residential housing at a density of 6 to 20 units per acre, and may be assigned R-2, R-3, R-4, and
RP 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.
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 22 January 2024, under WAC 197-11-158.
ANALYSIS
Request
Applicant Brandon Bernard wishes to rezone Parcel # 117-430-143 in Pasco, WA 99301 from R-3 with
Concomitant Agreement (Medium Density Residential) to R-3 (Medium-Density Residential). The site
comprises approximately 4.64 acres.
Page 137 of 239
3
The underlying Land Use Code is “Medium Density Residential,” which specifies 6 to 20 dwelling units (DU)
per acre.
Staff would like to note that the proposed rezone does not include a project action. It is anticipated that
should the rezone be approved a subsequent development project may be submitted for review. This
review would include requirements for the impacts it has on the level of service for parks, transportation,
etc. Any subsequent subdivision proposals would additionally be required to adhere to Pasco Municipal
Code, including provisions such as connectivity and residential design standards.
History
The site was annexed into the City via Ordinance 2388 in 1981 and subsequently assigned the RT
(Residential Transition) zoning designation. The site was subsequently rezoned from RT (Residential
Transition) to R-1 (Low Density Residential) in 2013 via Ordinance 4113. The site was rezoned once again
in 2015 from R-1 (Low Density Residential) to R-3 (Medium Density Residential) with a Concomitant
Agreement via Ordinance 4278. Ordinance 4278 contains the Concomitant Agreement and the associated
conditions that the site is currently required to develop to, these are:
A. Only townhouse style attached single-family homes with customary accessory structures are
permitted to be built; For the purposes of this agreement “townhouse style” means a building
containing only four or fewer dwelling units;
B. Maximum building heights for the first tier of homes along the northerly and easterly boundary
of the property shall be limited to the R-1 height standards of PMC 25.28.050 (5). No special
permits shall be authorized for increases in building height over the allowable 25 feet;
C. Building designs must incorporate architectural features to create visual interest. All building
fronts must be articulated and painted with complementary colors to create a separated and
distinctive look for each attached dwelling unit;
D. Each building elevation must contain at least two distinctive architectural features;
E. Vinyl and metal siding is prohibited. Siding of all buildings must include, singularly or collectively,
cement fiber board siding, stucco, brick, architectural stone and architectural masonry block;
F. All soffits shall be boxed;
G. A 15-foot landscaped buffer shall be installed along the easterly and northeasterly property line.
Said buffer shall contain a mixture of deciduous and coniferous trees spaced no more than 60 feet
apart. The trees may be farther apart if they are planted in groupings of three trees per group.
The site including all trees and landscaped areas must be regularly maintain in a workmanship like
manner;
H. In addition to the trees require in G. above the overall site must contain at least two trees for
every dwelling unit. The site including all trees and landscaped areas must be regularly maintain
in a workmanship like manner;
I. Convents, Conditions and Restrictions must be recorded against the property specifying among
other things a Home Owners Association is responsible for all site and landscape maintenance,
and;
J. Exterior night lighting must be shielded to provide light spillage.
A boundary line adjustment between the site and a neighboring property, 6618 Aintree Drive (Parcel #
117-430-189) in 2020 that reoriented the shared boundary line the extends to the Aintree Drive Right-of-
Way.
Page 138 of 239
4
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.210.030. The
criteria are listed below as follows:
1. The date the existing zone became effective.
The site was assigned R-3 with Concomitant Agreement zoning in 2015 via Ordinance 4278.
2. The changed conditions, which are alleged to warrant other or additional zoning.
Between 2015 and 2024 the City of Pasco’s Comprehensive Plan was updated to include the following
goals and policies:
x LU-4-B Policy: Encourage infill and higher density uses within proximity to major travel corridors
and public transportation service areas. Road 68 is a major travel corridor served by public transit
via a Ben Franklin Transit bus route.
x H-1-B Policy: Higher intensity housing should be located near arterials and neighborhood or
community shopping facilities and employment areas. Locating this zoning near Road 68, an
arterial road, adjacent to residential development aligns with this Comprehensive Plan policy.
3. Facts to justify the change on the basis of advancing the public health, safety and general
welfare:
The Medium Density Residential designation allows for R-2. R-3, R-4, and RP zoning development with
Medium-Density Residential without a Concomitant Agreement will allow more flexibility and could
increase density which will help reduce urban sprawl and increase home ownership.
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 Medium Density
Residential designation for the site.
The proposed rezone would maintain the R-3 Medium Density Residential Zoning Designation and remove
a Concomitant Agreement that restricts how the site is developed. A development action affecting the site
would be subject to the State Environmental Policy Act (SEPA) and impacts to the natural and built
environment, including neighboring properties, would be considered and mitigated through the SEPA
process.
5. The effect on the property owner or owners if the request is not granted:
Per Applicant, the conditions of the concomitant agreement have contributed to making development
economically infeasible. Allowing development in accordance with the zoning code opens up options for
development that are not possible otherwise.
6. The Comprehensive Plan land use designation for the property:
Page 139 of 239
5
The City of Pasco Comprehensive Plan designates this site as “Medium Density Residential.” The Medium
Density Residential designation accommodates a diverse range of residential housing at a density of 6 to
20 dwelling units per acre, and may be assigned R-2, R-3, R-4, and RP 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.
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 January 31, 2024.
2. Applicant wishes to rezone Parcel 117-430-143 from R-3 (Medium Density Residential) with
Concomitant Agreement to R-3 (Medium Density Residential).
3. The sites comprise approximately 4.64 acres of land.
4. The underlying Land Use Code specifies 6 to 20 dwelling units (DU) per acre.
5. The site was assigned RT zoning in 1987 via Ordinance 2388. Subsequently rezoned to the R-1
zoning district in 2013 via Ordinance 4113. The site was further rezoned to its current zoning of
R-3 with Concomitant Agreement in 2015 via Ordinance 4278.
6. The Concomitant Agreement under Ordinance 4278 placed restrictions and requirements on the
style of buildings, materials, building heights, and vegetation that the property would have should
it be developed.
7. A rezone of the property is required to remove a Concomitant Agreement from a Parcel.
8. Removal of the Concomitant Agreement would allow the land to be developed a wider variety of
housing styles and increase the allowed maximum height of some buildings to match the height
allowed under the zoning code.
9. Residential Design Standards have been updated since the 2015 Concomitant Agreement to
account for multifamily developments, most recently under Ordinance 4700.
10. Subsequent developments will be required to submit State Environment Protection Act (SEPA)
Checklists that consider the elements of the environment, under WAC 197-11-444, which include
a great number of items but can be briefly described as the natural and built environment. Any
proposals that would cause a significant impact the environment would be mitigated through the
SEPA process.
11. The City’s 2018-2038 Comprehensive Plan Land Use Map designates the site as “Medium Density
Residential”.
12. The “Medium Density Residential” designation may be developed with a variety of residential
housing.
13. The site is currently undeveloped.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Page 140 of 239
6
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 “Medium Density Residential.” The
removal of the Concomitant Agreement could further the goals and policies of the Comprehensive Plan
such as:
x H-1-A 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.
x LU-2-B Policy: Facilitate planned growth within the City limits and UGA and promote infill
developments in the City limits through periodic review of growth patterns and market demand
within each of the City’s land use designations.
x LU-5-A Policy: Allow a variety of residential densities throughout the UGA.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
This application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the
intent of the Goals and Policies for the property. Removal of the Concomitant Agreement will allow the
property to develop to the adopted R-3 (Medium Density Residential) zoning code and residential design
standards. Any items that would significantly impact the natural or built environment will be mitigated
through the State Environmental Policy Act (SEPA) process when the property is developed.
A development action affecting the site would be subject to the State Environmental Policy Act (SEPA) and
impacts to the natural and built environment, including neighboring properties, would be considered and
mitigated through the SEPA process.
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. The proposal includes infill development and promotes
the goals of the Medium Density Residential Land Use Map Designation.
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 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.
The proposal is to remove an existing Concomitant Agreement, the adopted Residential Design Standards
and State Environmental Policy Act are sufficient in accounting for the design and impacts of the
development to the City, natural, and built environment. As such, a new Concomitant Agreement is not
considered necessary for the proposed rezone.
Page 141 of 239
7
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein, that Parcel 117-430-143 in Pasco
WA, be rezoned from R-3 (Medium Density Residential) with Concomitant Agreement to R-3 (Medium
Density Residential).
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Requirements for Zoning Petition (PMC 25.210.030)
•The date the existing zone became effective;
•The changed conditions which are alleged to warrant other or additional zoning;
•Facts to justify the change on the basis of advancing the public health, safety and general welfare;
•The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan;
•The effect on the property owner or owners if the request is not granted;
•The Comprehensive Plan land use designation for the property; and
•Such other information as the Hearing Examiner requires.
Z2023-015 (R-3 with Concomitant
Agreement to R-3)
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Process (PMC 25.210.060)
Rezone
Petition and
Application
PMC
25.210.020(1)
Public
Notice
PMC
25.210.040
Public
Hearing
w/Hearing
Examiner
PMC
25.210.060
Hearing Examiner
Findings +
Recommendation
PMC 25.210.060(2)
City
Council
Regular
Business
Meeting
PMC
25210.060(
2)
Z2023-015 (R-3 with Concomitant
Agreement to R-3)
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Z2023-015 (R-3 with Concomitant
Agreement to R-3)
Public Hearing:
• February 14, 2024
Hearing Examiner Determination:
• Recommendation of Approval
Site Information:
• Parcel No: 117‐430‐143
• Size: 4.64 Acres
• Land Use: Medium‐Density Residential
• Zoning: R‐3 (Medium‐Density Residential) with Concomitant Agreement
• Proposed: R‐3 (Medium‐Density Residential)
Rezone Criteria:
• PMC 25.210.030
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Z2023-015 (R-3 with Concomitant
Agreement to R-3)
Ordinance No.4278 Concomitant Agreement
• Limits construction to “townhouse style”
buildings, meaning 4 or less residential units
per building.
• Limits building height along the northern and
eastern property lines.
• Mandates architectural features and
construction materials of buildings.
• Requires landscape buffers and trees along the
northern and eastern property lines.
• Requires shielding for night lighting to prevent
spillage to adjacent properties.
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AGENDA REPORT
FOR: City Council March 8, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 3/18/24
FROM: Kevin Crowley, Fire Chief
Fire Department
SUBJECT: Resolution No. 4436 - Third Amended & Restated Interlocal Agreement
for Benton County Emergency Services Adding Franklin County
I. REFERENCE(S):
Proposed Resolution
Third Restated Interlocal Agreement for Benton County Amended and
Emergency Services
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:authorizing City the 4436, No. approve to move I Resolution
Manager to execute a Third Amended and Restated Interlocal Agreement for
Benton County Emergency Services.
III. FISCAL IMPACT:
Estimated total cost of the project: $6,397,000
Estimated total cost for the City of Pasco: $879,400
2024: $34,800
2025: $540,000
2026: $304,600
IV. HISTORY AND FACTS BRIEF:
The City has been working in concert with Franklin and Benton Counties and
the Cities of Kennewick and Richland toward the consolidation of the two
Public Safety Answering Points (PSAPs) serving these agencies and others in
the Tri-Cities region since 2007.
Consolidation of the two PSAPs into one, operating on an 800 MHz platform for
police and VHF for fire was a long-time City Council goal. In June 2017,
Council the transitioned and dispatch Interlocal an approved Agreement
services to Benton County Emergency Services (BCES) and became a
Page 173 of 239
member agency of BCES.
BCES has established a digital 800MHz radio system that provides and will
continue to provide viable public safety communications for many years into
the future.
Franklin County and public safety agencies within that County have historically
operated under a separate microwave system exclusively located in Franklin
County.
Currently, the Cities of Kennewick, Richland and Pasco, and the Counties of
Benton and Franklin desire to acquire a bi-county microwave system equally
owned and funded by the five (5) member agencies
V. DISCUSSION:
City staff recommends approval of third Amended and Restated Interlocal
Agreement for Benton County Emergency Services.
Page 174 of 239
Resolution – BCES 3rd ILA - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDED
AND RESTATED INTERLOCAL AGREEMENT FOR BENTON COUNTY
EMERGENCY SERVICES.
WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political
subdivisions to jointly exercise their powers, privileges, or authorities with other political
subdivisions of this state through the execution of an interlocal cooperative or interagency
agreement; and,
WHEREAS, RCW 38.52.070 authorizes and directs each county, city and town within the
State of Washington to establish a local organization for emergency management in accordance
with the State Emergency Management Plan and Program, and permits the State Director of
Emergency Management to authorize two or more counties, cities and towns to join in the
establishment and operation of a local organization for emergency management; and
WHEREAS, in 2017, Franklin County and the City of Pasco transitioned their dispatch
services to Benton County Emergency Services (BCES) and became member agencies of BCES
(the “New Partners”); and
WHEREAS, BCES has established a digital 800MHz radio system that provides and will
continue to provide viable public safety communications for many years into the future; and
WHEREAS, Franklin County and public safety agencies within that County have
historically operated under a separate microwave system exclusively located in Franklin County;
and
WHEREAS, the Cities of Kennewick, Richland and Pasco, and the counties of Benton
and Franklin desire to acquire a bi-county microwave system equally owned and funded by the
five (5) member agencies; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into the Third
Amended and Restated Interlocal agreement for emergency services with BCES along with
Franklin County, Benton County and the City of Kennewick, Richland, West Richland, Prosser,
Benton City and Benton County Fire Protection District Nos. 1, 2 and 4, all of which are
Washington special purpose districts.
Page 175 of 239
Resolution – BCES 3rd ILA - 2
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 the Third
Amended & Restated Interlocal Agreement for Benton County Emergency Services and the City
of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A;
and
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of
Pasco.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of
________________, 202_.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 176 of 239
Third Amended and Restated BCES Interlocal (2024) Page 1
WHEN RECORDED RETURN TO:
City of Richland
Attn: City Attorney
625 Swift Boulevard MS-07
Richland, WA 99352
THIRD AMENDED AND RESTATED
INTERLOCAL AGREEMENT FOR BENTON COUNTY EMERGENCY SERVICES
THIS THIRD AMENDED AND RESTATED INTERLOCAL AGREEMENT is made and
entered into by and between the following entities (collectively, the “Parties”):
Benton County, a political subdivision of the State of Washington;
Franklin County, a political subdivision of the State of Washington;
City of Kennewick, a Washington municipal corporation;
City of Richland, a Washington municipal corporation;
City of West Richland, a Washington municipal corporation;
City of Prosser, a Washington municipal corporation
City of Benton City, a Washington municipal corporation;
City of Pasco, a Washington municipal corporation; and
Benton County Fire Protection District Nos. 1, 2, and 4, all of which are Washington special
purpose districts.
I. RECITALS
WHEREAS, the Interlocal Cooperation Act, Chapter 39.34 RCW, authorizes public
agencies to make the most efficient use of their powers by enabling them to cooperate with each
other based on mutual advantage, and to collectively exercise the rights and powers they hold
individually through the execution of an interlocal cooperative agreement; and
WHEREAS, RCW 38.52.070 authorizes and directs each county, city and town within the
State of Washington to establish a local organization for emergency management in accordance
with the State Emergency Management Plan and Program, and permits the State Director of
Page 177 of 239
Third Amended and Restated BCES Interlocal (2024) Page 2
Emergency Management to authorize two or more counties, cities and towns to join in the
establishment and operation of a local organization for emergency management; and
WHEREAS, Benton County Emergency Services (“BCES”) is such a local organization
created in 1996 pursuant to the Interlocal referenced in Section 7, and the Parties to this Agreement
wish to continue that organization under the terms of this Third Amended and Restated Interlocal
Agreement; and
WHEREAS, in addition to emergency management services, Benton County Emergency
Services, through establishment of the Southeast Communications Center, has also provided
communication and dispatching for public safety and emergencies for some jurisdictions located
in incorporated and unincorporated Benton County, and for any agencies contracting for such
services; and
WHEREAS, the cities of Kennewick, Richland, West Richland, Prosser, Benton City,
Benton County and Benton County Fire District Nos. 1, 2 and 4, and with limited participation by
Benton County Public Utility District #1 (“Benton PUD”) (collectively, the “Existing Partners”)
provided county-wide operation of emergency dispatch services under the terms of the First
Amended and Restated Interlocal Agreement until 2017; and
WHEREAS, in 2017, Franklin County and the city of Pasco transitioned their dispatch
services to Benton County Emergency Services and became member agencies of BCES (the “New
Partners”); and
WHEREAS, the Existing and New Parties have operated BCES pursuant to the Second
Amended and Restated Interlocal Cooperation Agreement for Benton County Emergency Services
recorded with the Benton County Auditor on July 2, 2018 (“2018 BCES Interlocal Agreement”);
and
WHEREAS, Benton PUD no longer desires to be a member agency of BCES and has
submitted written notice of its immediate withdrawal, to which the parties hereto consent through
execution of this Third Amended and Restated Interlocal Agreement; and
WHEREAS, the remaining BCES member agencies intend to continue the provision of
dispatch services under this Agreement, and now intend to provide bi-county operation of
emergency dispatch services, with each Party participating to the extent identified herein; and
WHEREAS, BCES has established a digital 800MHz radio system that provides and will
continue to provide viable public safety communications for many years into the future; and
WHEREAS, Benton County, the cities of Kennewick and Richland, and Benton PUD have
historically provided a single microwave system exclusively located in Benton County (hereinafter
the “Former (pre-2024) Benton County Microwave System”); and
Page 178 of 239
Third Amended and Restated BCES Interlocal (2024) Page 3
WHEREAS, Franklin County and public safety agencies within that county have
historically operated under a separate microwave system exclusively located in Franklin County
(hereinafter “Franklin County Microwave System”); and
WHEREAS, the cities of Kennewick, Richland and Pasco, and the counties of Benton and
Franklin desire to acquire a bi-county microwave system equally owned and funded by the five
(5) member agencies.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and in
accordance with RCW 39.34, RCW 38.52 and Section 8 of the 2018 BCES Interlocal Agreement,
the Parties hereto agree to this Third Amended and Restated Interlocal Agreement as follows:
II. AGREEMENT
1. INCORPORATION OF RECITALS
The recitals set forth above are hereby incorporated into this Agreement by reference.
2. PURPOSE
The purpose of this Agreement is to provide for the effective and economical operations of Benton
County Emergency Services (BCES), a local administrative entity and joint venture between the
above-referenced Parties (also referred to as the “Organization”).
3. ORGANIZATIONAL STRUCTURE
Benton County Emergency Services consists of two (2) divisions: Benton County Emergency
Management (BCEM) and Southeast Communications Center (SECOMM).
A. General. The Organization shall consist of an Executive Board, Strategic Advisory Team,
Customer Agency Groups and various committees as created by the Executive Board.
1. Appointment of Administrative Jurisdiction; Duration. An Administrative Jurisdiction
shall be designated by the Executive Board. The Administrative Jurisdiction shall serve
unless or until such service is terminated by the Executive Board, or until the
Administrative Jurisdiction withdraws after having provided a minimum of nine (9)
months’ written notice of intent to withdraw. The City of Richland is currently designated
as the Administrative Jurisdiction. All employees staffing BCES shall be employees of the
Administrative Jurisdiction.
2. Duties of Administrative Jurisdiction. The Administrative Jurisdiction shall have full
responsibility for the operation of the Organization, and shall provide all necessary
administrative support for the Organization. The Administrative Jurisdiction shall perform
Page 179 of 239
Third Amended and Restated BCES Interlocal (2024) Page 4
its duties pursuant to a contractual agreement with Benton County Emergency Services
that shall automatically renew every five (5) years, subject to any renegotiations between
the Administrative Jurisdiction and the Executive Board. The Administrative Jurisdiction
shall appoint a BCES Director, which appointment shall be subject to confirmation by the
Executive Board. The BCES Director shall be removed only at the direction of the
Administrative Jurisdiction.
3. Governing Policies. BCES shall follow the policies established by the Administrative
Jurisdiction for all efforts related to Finance, Human Resources, Legal, Risk & Safety, and
Purchasing. To ease future transition between Administrative Jurisdictions, BCES shall
operate and maintain an independent email system.
B. Executive Board Duties; Membership; Voting. The Executive Board shall be the governing
body of the administrative entity known as Benton County Emergency Services, and shall be
responsible for approving BCES-specific policies, contracts, the annual budget, and
confirmation of the Administrative Jurisdiction’s appointment of the BCES Director. The
Executive Board shall also be responsible for ensuring the Parties’ compliance with the legal
requirements of Ch. 38.52 RCW.
1. Subject to the voting procedures and restrictions set forth herein, the Executive Board shall
consist of one representative from the Benton County Commissioner's Office, one
representative from the Franklin County Commissioner's Office, one representative from
each of the cities of Kennewick, Richland, Prosser, West Richland, Benton City, and Pasco,
and a single representative collectively representing Benton County Fire Protection District
Nos. 1, 2 and 4.
2. Whenever they are entitled to vote, Benton County, Franklin County and the cities of
Kennewick, Pasco and Richland shall be allowed two (2) votes each. Whenever they are
entitled to vote, West Richland, Prosser and Benton City shall have one (1) vote each.
Whenever they are entitled to vote, Benton County Fire Protection District Nos. 1, 2 and 4
shall collectively share a single vote.
3. A simple majority of the number of members of the Executive Board shall be a quo rum,
and a simple majority of votes shall prevail unless otherwise set forth herein.
4. The following are the only representatives authorized to vote on matters associated with
Southeast Communications Center (SECOMM):
• Representatives for the cities of Kennewick, Richland, Pasco, West Richland* and
Prosser*;
• Representatives for the counties of Benton and Franklin;
• The representative for Benton County Fire Protection District Nos. 1, 2 and 4
casting a single vote for the three (3) entities.*
*Note: No future contracted subscribers to SECOMM shall be entitled to vote.
Page 180 of 239
Third Amended and Restated BCES Interlocal (2024) Page 5
5. The following are the only representatives authorized to vote on matters associated with
the 800MHz system:
• Representatives for the cities of Kennewick and Richland;
• The representative for the county of Benton.
6. The following are the only representatives authorized to vote on matters associated with
operation and maintenance of the Former (pre-2024) Benton County Microwave System
and related funding:
• Representatives for the cities of Kennewick and Richland;
• The representative for the county of Benton;
7. The following are the only representatives authorized to vote on matters associated with
the future operation and maintenance of the new Benton-Franklin County Microwave
System and related funding (acquired after the execution hereof):
• Representatives for the cities of Kennewick, Pasco and Richland;
• The representatives for the counties of Benton and Franklin.
8. The following are the only representatives authorized to vote on items associated with
Benton County Emergency Management (BCEM):
• Representatives for the cities of Kennewick, Richland, West Richland, Prosser
and Benton City;
• The representative for the county of Benton.
9. For items not specifically associated with the Former (pre-2024) Benton County
Microwave System, the new Benton-Franklin Microwave System, the 800 MHz system,
Southeast Communications Center, or Benton County Emergency Management, all
representatives may vote.
10. A representative may send a delegate to vote by proxy in his or her absence..
C. Strategic Advisory Team. Working directly with BCES leadership, the Strategic Advisory
Team (SAT) will assist in developing strategies for addressing issues such as establishing
standardized procedures and incorporating changes in technology. To facilitate the policy-
making role of the Executive Board, it may assign to the SAT certain policy reviews, projects,
and tasks. The Strategic Advisory Team may consist of one (1) representative from each of the
following:
• Kennewick Fire Department • Connell Police Department
• Kennewick Police Department • Connell Fire Department
• Richland Police Department • Pasco Police Department
• Richland Fire Department • Pasco Fire Department
• West Richland Police Department • West Benton Fire and Rescue
• Benton County Sheriff's Office • North Franklin County Hospital District
Page 181 of 239
Third Amended and Restated BCES Interlocal (2024) Page 6
• Franklin County Sheriff’s Office • City of Prosser
• Franklin County Fire Protection
Districts 1, 2, 3, 4 & 5 (1 Rep)
• Benton County Fire Protection Districts 1,
2, 4, 5 & 6 (1 Rep)
The SAT representative will be the agency Chief or Sheriff and a senior level executive from
the City of Prosser.
D. Customer Agency Group. The Customer Agency Group (CAG) is established to allow
customers of BCES to communicate suggestions, ideas, or concerns regarding service,
operational policies, and/or procedural issues. The CAG will be comprised of two div isions:
Law Enforcement and Fire/EMS. Each division will elect a chairperson to represent the
concerns of their division to the BCES Director or at joint CAG meetings. The Customer
Agency Group may consist of one (1) representative from each of the following:
• Kennewick Police Department • Connell Police Department
• Kennewick Fire Department • Connell Fire Department
• Richland Police Department • Pasco Police Department
• Richland Fire Department • Pasco Fire Department
• West Richland Police Department • West Benton Fire and Rescue
• Benton County Sheriff's Office • North Franklin County Hospital District
• Franklin County Sheriff’s Office • City of Prosser Police Department
• City of Benton City • Benton PUD
• Franklin County Fire Protection
Districts 1, 2, 3, 4 & 5 (1 Rep)
• Walla Walla Fire Protection District 5
• Benton County Fire Protection Districts 1,
2, 4, 5, & 6 (1 Rep)
1. Issues that impact only one division will be communicated to the BCES Director from the
chair of the division. Any recommendations made by either division must be approved by
a majority of the agencies before they can be submitted to the Director for consideration.
Items for which there is no majority support will require the use of the agency input
process.
2. Should an issue be relevant to both divisions, a meeting may be called by the BCES
Director or either division chairperson. Attendees to such meeting will be limited to the
BCES Director, the SECOMM Communications Managers and/or Emergency
Management Manager, and both division chairpersons.
3. Working groups or sub-committees may be created by either division to address
operational issues for which operational-level employees or subject matter experts should
be involved. These groups and/or sub-committees will report directly to their division
chairperson. Additionally, to expedite the development of recommendations that are sound
and have the greatest likelihood of success, recommendations will be vetted with a senior
subject matter expert dispatcher for additional input. The dispatcher would have no vote in
the process of moving forward with an issue.
Page 182 of 239
Third Amended and Restated BCES Interlocal (2024) Page 7
E. BCES Director. The Director, under direction of the Administrative Jurisdiction, shall maintain
and operate Benton County Emergency Services, and shall be responsible for the
implementation of the directives of the Executive Board and the policies and procedures of the
Executive Board or the Administrative Jurisdiction, as the case may be. The Director shall be
responsible for developing, organizing, and coordinating emergency preparedness planning,
training and implementation. The Director shall be responsible for organizing, developing and
coordination of E-911 and bi-county communication systems, and shall have such other duties
and responsibilities as the Administrative Jurisdiction designates from time to time.
4. FINANCES
Benton County Emergency Services maintains separate funds consisting of:
• One (1) fund for Benton County Emergency Management;
• One (1) fund for Southeast Communications Center;
• One (1) fund for the acquisition, maintenance and operation of the 800MHz; and
• One (1) fund for the acquisition, maintenance and operation of the Benton-Franklin
County Microwave System.
• One (1) fund for maintenance and operation of the Former (pre-2024) Benton County
Microwave System (to be retired when the system is fully decommissioned).
These funds are maintained and administered by the Administrative Jurisdiction in lieu of the
Treasurer of the City of Kennewick, the most populous entity. All monies received for the benefit
and use of Benton County Emergency Services, including financial contributions by the Parties to
this Agreement in accordance herewith, shall be deposited into the appropriate fund.
A. Benton County Emergency Management (EM Operations) Fund. Except for, Pasco, and
Franklin County, each Party to this Agreement shall contribute to the cost of emergency
management operations upon such fair and equitable basis as shall be determined by the
Executive Board. If, in any case, the Executive Board is unable to agree upon the proper
contributions by the Parties hereto, the decisions shall be referred to the State Emergency
Management Council for arbitration, and the Council's decision shall be final and binding upon
the Parties hereto. Except for Franklin County and Pasco, each party shall pay its share of the
cost of emergency management into the Benton County Emergency Management Fund which
is maintained and administered by the Administrative Jurisdiction. The Executive Board shall
have the authority to proportionately levy, by percentage of total operating budget
responsibility, additional fees to cover unexpected liabilities, including uninsured civil
judgments. If the cost overrun or liability is the result of a single agency, the entire cost will
be borne by that agency.
B. Southeast Communications Center (SECOMM Operations) Fund. SECOMM shall be financed
by the proceeds of a telephone excise tax that shall be imposed at the same rate by both Benton
and Franklin counties, an annual levy upon the Parties, except City of Benton City, and by
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contract fees paid by contracting agencies as determined by the Executive Board. Each Party
hereto shall contribute its share of the costs of the typical and customary operation and
administration of SECOMM as established by the Executive Board. Such contributions shall
be determined annually by the Executive Board for inclusion in the Parties' annual budgets.
The assessment for any user or member entering SECOMM mid-budget year shall be
determined by the Executive Board and pro-rated relative to the months of service remaining
in the existing budget year. Funding models for SECOMM budgets shall be determined by the
Executive Board. Assessments shall be paid in periodic installments on a schedule determined
by the Executive Board. In the event an unforeseen exigent circumstance or uninsured civil
judgment results in costs to the Organization in excess of the budgeted expenses for operation
and administration, the Executive Board is authorized to proportionately levy, by percentage
of total operating budget responsibility, additional fees to cover the unexpected liability. Such
excess costs shall be promptly remitted, upon demand, to Benton County Emergency Services.
If the cost overrun is solely attributable to a single agency’s action or inaction, the entire cost
overrun shall be borne by that agency.
C. 800MHz Fund. The 800MHz Fund shall be used for the maintenance and operation of any
800MHz radio system, whether analog or digital, utilized by BCES. The Executive Board is
authorized to levy annual radio assessments upon all Parties who use radios under the 800MHz
system, and to impose contract fees upon any contracting agencies for use of the same.
Assessments shall be determined annually by the Executive Board for inclusion in the Parties’
annual budgets. Assessments shall be paid in periodic installments on a schedule determined
by the Executive Board. In the event an unforeseen exigent circumstance or uninsured civil
judgment results in costs to the Organization in excess of the budgeted expenses for operation
and administration of the 800MHz system, the Executive Board is authorized to
proportionately levy, by percentage of the Parties’ total 800MHz operating budget
responsibility, additional fees to cover the unexpected liability. Such excess costs shall be
promptly remitted, upon demand, to Benton County Emergency Services. If the cost overrun
is attributable solely to a single agency’s action or inaction, the entire cost overrun shall be
borne by that agency.
In order to improve coverage of the 800MHz radio system maintained and operated by BCES
in certain areas of unincorporated Benton County, one (1) communication site on Red
Mountain will be constructed consisting of a trunked simulcast repeater; one (1) microwave;
an equipment shelter; a tower; a generator; a fuel tank; and batteries (the “Communication
Site”). To integrate the new Communication Site into the existing system, the Golgotha
ASTRO 25 Repeater Site must be upgraded with certain hardware, software and services (the
“Golgotha Upgrade”). To facilitate construction of the Communication Site and the Golgotha
Upgrade, Benton County has satisfied its commitment to provide BCES, by and through its
Administrative Jurisdiction, Three Million Dollars ($3,000,000) for BCES to purchase and
install the Communication Site and Golgotha Upgrade Benton County further agrees to directly
pay the costs of easement acquisition, design, and construction of a means of ingress and
egress, along with provision of utilities (specifically electric) to a parcel agreed upon by Benton
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County on which the Communication Site will be located. All operational costs of the
Communication Site shall be paid by the Parties hereto in the same manner as other op erational
costs paid from the 800MHz fund.
The Administrative Jurisdiction is responsible for compliance with applicable procurement
laws respecting the purchase and installation of the Communication Site and Golgotha
Upgrade. Benton County is responsible for compliance with applicable procurement laws
respecting the access easement to the Communication Site.
The Administrative Jurisdiction agrees to maintain the deposits from Benton County in an
interest bearing account, and interest will accrue to the benefit of BCES and may be expended
on the Communication Site. The Administrative Jurisdiction will continue send to Benton
County a written summary of the expenses incurred for the purchase and installation of the
Communication Site every thirty (30) days until the Communications Site is completed.
Within thirty (30) days of release of retainage to the contractor for the Communication Site
work, the Administrative Jurisdiction will return to Benton County the balance of all deposits
made by Benton County for the Communication Site that were not expended.
Parties to this Agreement who use the 800MHz system will continue to contribute to its
operation and maintenance costs, including costs for operation and maintenance of the
Communication Site, through annual radio assessments.
D. Benton County Microwave System Fund. The Former (pre-2024) Benton County Microwave
System Fund shall be used for the maintenance and operation of the Benton County Microwave
System utilized by BCES until such time as the new Benton-Franklin Microwave System is
constructed and operational. At such time, any funds remaining in the Former (pre-2024)
Benton County Microwave Fund shall be transferred to the new Benton-Franklin Microwave
System Fund. The Executive Board is authorized to levy annual assessments upon all Parties
who use the Benton County Microwave System, and to impose contract fees upon any
contracting agencies. Such assessments shall be determined annually by the Executive Board
for inclusion in the Parties’ annual budgets. Assessments shall be paid in periodic installments
on a schedule determined by the Executive Board. In the event an unforeseen exigent
circumstance or uninsured civil judgment results in costs to the Organization in excess of the
budgeted expenses for maintenance and operation of the Benton County Microwave System,
the Executive Board is authorized to proportionately levy, by percentage of the Parties’ total
Benton County Microwave System budget responsibility, additional fees to cover the
unexpected liability. Such excess costs shall be promptly remitted, upon demand, to Benton
County Emergency Services. If the cost overrun is solely attributable to a single agency’s
action or inaction, the entire cost overrun shall be borne by that agency. Neither Franklin
County nor any of the Parties to this Agreement located therein shall acquire or be deemed to
have acquired any ownership interest whatsoever in any property or equipment that comprises
the Benton County Microwave System.
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1. Franklin County Microwave System. Although the Former (pre-2024) Benton County
Microwave System and the Former (pre-2024) Franklin County Microwave System are
technically interconnected and create a Bi-County Microwave System utilized by BCES,
Benton County and those Parties to this Agreement who are located therein are the only
Parties obligated to contribute to the Former (pre-2024) Benton County Microwave System
as provided under Section 4.D above. Franklin County shall be solely responsible for all
costs associated with maintenance, operation and improvements to the Former (pre-2024)
Franklin County Microwave System. Neither Benton County nor any of those Parties to
this Agreement located therein shall acquire any ownership interest whatsoever in any
property or equipment that comprises the Former (pre-2024) Franklin County Microwave
System. Franklin County shall defend, indemnify and hold harmless Benton County and
those Parties to this Agreement who are located therein for all claims related in any way
to, Franklin County’s maintenance or operation of the Former (pre-2024) Franklin County
Microwave System as it presently exists or is modified in the future. “Claim” means any
loss, claim, suit, action, liability, damage or expense of any kind or nature whatsoever,
including but not limited to attorneys’ fees and costs, attributable to personal or bodily
injury, sickness, disease or death, or injury to or destruction of property, including the loss
of uses resulting therefrom.
E. Benton-Franklin County Microwave System Fund. The new Benton-Franklin County
Microwave System Fund shall be used for the maintenance and operation of the Benton-
Franklin County Microwave System utilized by BCES upon completion of its construction.
The Executive Board is authorized to levy annual assessments upon all Parties who use the
Benton-Franklin County Microwave System, and to impose contract fees upon any contracting
agencies. Such assessments shall be determined annually by the Executive Board for inclusion
in the Parties’ annual budgets. Assessments shall be paid in periodic installments on a schedule
determined by the Executive Board. In the event an unforeseen exigent circumstance or
uninsured civil judgment results in costs to the Organization in excess of the budgeted expenses
for maintenance and operation of the Benton-Franklin County Microwave System, the
Executive Board is authorized to proportionately levy, by percentage of the Parties’ total
Benton-Franklin County Microwave System budget responsibility, additional fees to cover the
unexpected liability. Such excess costs shall be promptly remitted, upon demand, to Benton
County Emergency Services. If the cost overrun is solely attributable to a single agency’s
action or inaction, the entire cost overrun shall be borne by that agency.
F. The BCES Director, upon approval by the Executive Board, is authorized to make expenditures
on behalf of the Organization in accordance with the policies and procedures of the
Administrative Jurisdiction.
G. An annual budget for the Organization shall be prepared by the BCES Director in accordance
with the policies and procedure of the Administrative Jurisdiction. The annual operating budget
requires Executive Board approval.
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H. Contribution to SECOMM Fund. The Parties acknowledge that Franklin County and Pasco
each made irrevocable contributions of Five Hundred Thousand Dollars ($500,000) to the
SECOMM Fund as their buy-in for BCES membership pursuant to the 2017 BCES Transition
and Buy-In Agreement. These contributions are non-refundable should Franklin County or
Pasco withdraw from BCES.
I. Radio System Upgrade (SUA). In each BCES budget, the allocation of costs to support the
trunked radio system shall be equally divided between Benton County, Franklin County, and
the cities of Kennewick, Pasco and Richland. Contributions made by Franklin County and
Pasco shall not create, nor be construed to create, any ownership interest in the trunked radio
system.
J. Capital Investment - 2024 Benton-Franklin Microwave System. The counties of Benton and
Franklin and the cities of Kennewick, Richland and Pasco will jointly fund and acquire a bi -
county microwave system to be owned by the five (5) member agencies as follows: twenty
percent (20%) ownership by Benton County; twenty percent (20%) ownership by Franklin
County; twenty percent (20%) ownership by Kennewick; twenty percent (20%) ownership by
Richland; and twenty percent (20%) ownership by Pasco (the “Owner Entities”). The bi-county
microwave system will be constructed/installed by and through the Administrative Jurisdiction
and operated by Benton County Emergency Services. The Owner Entities shall pay their
respective financial contribution of one-fifth (20%) of the actual total capital project cost to
the Administrative Jurisdiction, on behalf of BCES, within thirty (30) calendar days of receipt
of a detailed invoice. The capital project cost shall be determined based on the actual project
cost reflected in the Motorola Project No. WA-21P120A_Richland agreement. Failure of any
of the Owner Entities to remit payment as required herein shall result in suspension of services
to the non-compliant Owner Entity by BCES.
5. PROPERTY AND EQUIPMENT
A. Ownership Interests Maintained. Except as authorized by the Executive Board with respect to
transfer by FEMA of ownership of assets acquired with Chemical Stockpile Emergency
Preparedness Program (“CSEPP”) funds, the digital 800MHz radio system, and the Former
(pre-2024) Benton County Microwave System Fund, the ownership interests in property,
equipment, or funds acquired by or through Benton County Emergency Management shall
continue to be shared by Benton County and the cities of Kennewick, Richland, West Richland,
Prosser, and Benton City in proportion to the financial and in-kind contribution of each party
in the year such property, equipment, or monies was acquired, unless provided otherwise
herein. Franklin County and Pasco shall take no ownership interest whatsoever in any property,
equipment or monies belonging to BCES unless said ownership interest is expressly identified
herein.
B. Benton PUD Property Interests. Buildings and towers owned by Benton PUD, and site or
ground leasehold interests held by Benton PUD at the Prosser site, the Joe Butte Site, and the
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Umatilla Ridge site will remain in Benton PUD’s ownership or leasehold interest. State-owned
microwave system or parts to which Benton PUD previously enjoyed a right of first refusal
have been transferred to the joint ownership of Benton County and the cities of Kennewick
and Richland in the following percentages: fifty percent (50%) to Benton County; twenty-five
percent (25%) to Kennewick; twenty-five percent (25%) to Richland.
C. Specific Properties Owned Solely By Benton County, Richland and Kennewick. All Parties
hereto acknowledge that the federal government may have ownership interests or rights with
respect to equipment purchased with funds provided by the federal government. All Parties
further acknowledge and agree that the Communication Site on Red Mountain as referenced
in Section 4.C above shall be owned exclusively by Benton County. All Parties further
acknowledge and agree that the remainder of the existing digital 800MHz radio system, the
real property and improvements located at 651 Truman Avenue in Richland, Washington, the
leasehold interests and other 800MHz equipment used by Benton County Emergency Services
and the Parties hereto at the several existing sites and the Former (pre-2024) Benton County
Microwave System used by Benton County Emergency Services shall be owned exclusively
by Benton County and the cities of Richland and Kennewick as follows: fifty percent (50%)
ownership by Benton County; twenty-five percent (25%) ownership by Kennewick; twenty-
five percent (25%) ownership by Richland. The contributions by Pasco and Franklin County
required pursuant to Section 4.H above do not create any ownership interests in the above
assets by those entities.
D. Ownership Interests – SECOMM Fund. Property, equipment and funds acquired through the
Southeast Communications Center Fund prior to June 26, 2018, shall be owned as follows:
fifty percent (50%) ownership by Benton County; twenty-five percent (25%) ownership by
Kennewick; twenty-five percent (25%) ownership by Richland. Property, equipment, or
monies acquired through the Southeast Communications Center Fund on and after June 26,
2018, shall be owned in equal shares by Benton County, Franklin County and the cities of
Kennewick, Richland and Pasco, except to the extent acquired through revenue of E911 taxes
as set forth below. Benton County, Franklin County and the cities of Kennewick, Pasco and
Richland are the only Parties to this Agreement responsible for contributing toward capital
expenditures in the budget process.
E. Ownership Interests – E911 Taxes. Property, equipment, or monies acquired through the
receipt of E911 taxes shall be the property of Benton and Franklin Counties based on the
percentage of E911 tax funds contributed by each county toward said property, equipment or
monies.
F. Ownership Interests – New Bi-County Microwave System. The Benton-Franklin Microwave
System shall be owned in equal shares of one-fifth (20%) by the following member agencies:
Benton County, Franklin County, and the cities of Kennewick, Richland and Pasco. No other
member agencies shall have an ownership interest in the Benton-Franklin Microwave System.
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6. PUBLIC RECORDS REQUESTS
A. To comply with BCES’s obligation to respond to public records requests, and to minimize
legal risk to the Parties, the Parties agree that all original records prepared, owned, used, or
retained by BCES shall be provided to and maintained by the Administrative Jurisdiction.
B. When a public records request is received by BCES under the Washington State Public
Records Act, Chapter 42.56 RCW, staff assigned to support BCES will complete a search for
responsive records and respond to the request pursuant to the Public Records policy established
by the Administrative Jurisdiction. To the extent legal review is needed to respond to a request,
the City Attorney for the Administrative Jurisdiction will provide the review. The Parties
acknowledge that the Administrative Jurisdiction has ultimate authority to release or withhold
records pursuant to the Washington State Public Records Act.
7. DURATION OF AGREEMENT; TERMINATION
This Agreement shall become effective only upon execution by all Parties and filing with each
County Auditor in compliance with RCW 39.34.040. Upon the effective date, this Agreement shall
replace all prior oral agreements, contracts, interlocals and amendments thereto, including those
agreements that have been recorded with the Benton County Auditor, and shall specifically, but
without limitation, supersede the Interlocal Agreement for Benton County Emergency Services
recorded with the Benton County Auditor on October 1, 1996, the Interlocal Agreement for Benton
County Emergency Services Interlocal Cooperation Agreement effective September 1, 2006,
Amendment 1 thereto dated May 11, 2009, the 2012 BCES Interlocal Agreement recorded with
the Benton County Auditor on January 23, 2012, the Second Amended and Restated Interlocal
Agreement for Benton County Emergency Services recorded with the Benton County Auditor on
July 2, 2018, and Amendment No. 1 thereto recorded on August 27, 2020. The initial term of this
Agreement shall be ten (10) years, after which this Agreement shall automatically extend for
successive five (5) year terms unless one or more Parties objects to extending the Agreement no
later than six (6) months prior to expiration. Objections to extension of this Agreement shall be
submitted in writing to the Executive Board.
8. AMENDMENTS
Amendments to this Agreement shall only be made upon an affirmative vote of all eleven (11)
member agencies voting in favor of amendment. This section shall not affect how the Board
operates and conducts its business.
9. WITHDRAWALS
Any Party may withdraw from this Agreement upon providing six (6) months’ advanced written
notice to the Executive Board. A withdrawing Party shall remain liable for obligated payments,
and shall be refunded any payments made but not obligated prior to the date of actual withdrawal.
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Third Amended and Restated BCES Interlocal (2024) Page 14
Any Party so withdrawing shall be responsible for complying with Washington State law regarding
its obligations to provide emergency management and dispatch services. Upon the act of
withdrawing from this Agreement, the withdrawing Party shall be deemed to have forfeited and
released all ownership interest it may have in any property, equipment or monies it may have or
otherwise been eligible to receive under this Agreement.
10. ALLOCATION OF LIABILITY; INDEMNIFICATION
A. Each party shall be solely responsible for its own wrongful or negligent conduct. Each party
promises to indemnify and hold harmless and release all other Parties from any loss, claim or
liability arising from or out of the negligent tortious actions or inactions of its employees,
officers and officials. Such liability shall be apportioned among the Parties or other at -fault
persons or entities in accordance with the laws of the State of Washington. Nothing herein
shall be interpreted to:
1. Waive any defense arising out of RCW Title 51.
2. Limit the ability of a Party to exercise any right, defense, or remedy which a Party may
have with respect to third parties or the employee(s) whose action or inaction gave rise to
loss, claim or liability, including, but not limited to, an assertion that the employee(s) acted
beyond the scope of employment.
3. Cover or require indemnification or payment of any judgment against any individual or
agency for intentionally wrongful conduct outside the scope of employment of any
individual, or for judgment for punitive damages against any individual or agency.
Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of
the individual against whom said judgment is rendered and/or his or her agency employer,
should that employer voluntarily elect to make said payment. This Agreement does not
require indemnification of any punitive damage awards or for any order imposing fines or
sanctions.
11. SEVERABILITY
If any part of this Agreement is held to be illegal or unenforceable by a court of competent
jurisdiction, to the extent possible and practicable, the remaining parts of the Agreement shall
remain in effect and be binding upon all Parties hereto.
12. NO SEPARATE LEGAL ENTITY
No separate legal entity is created upon execution of this Interlocal Agreement.
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Third Amended and Restated BCES Interlocal (2024) Page 15
13. GOVERNING LAW; VENUE
Jurisdiction and venue for any action relating to the interpretation, enforcement, or any dispute
arising from this Agreement shall be in Yakima County Superior Court. This Agreement shall be
construed in accordance with the laws of the State of Washington.
14. WAIVER
No waiver by any Party hereto of any terms or conditions of this Agreement shall be deemed or
construed to be a waiver of any other term or condition, nor shall the waiver of any breach be
deemed or construed to constitute a waiver of any subsequent breach, whether of the same or any
other term or condition of this Agreement.
15. NO THIRD PARTY RIGHTS
Nothing in this Agreement shall create or be deemed to create any rights in any person or entity
not a party to this Agreement.
[Signature Page to Follow]
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Third Amended and Restated BCES Interlocal (2024) Page 16
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
identified next to their signatures below.
BENTON COUNTY, WASHINGTON FRANKLIN COUNTY, WASHINGTON
_____________________________ _______________________________
By: Michael Alvarez Date By: Rocky Mullen Date
Chairman, Benton County Commission Chairman, Franklin County Commission
_____________________________ ________________________________
By: Jerome Delvin Date By: Steve Bauman Date
Benton County Commissioner Franklin County Commissioner
______________________________ ________________________________
By: William McKay Date By: Clint Didier Date
Benton County Commissioner Franklin County Commissioner
Attest: Attest:
_______________________________ _________________________________
Clerk of the Board Clerk of the Board
Approved as to Form: Approved as to Form:
_______________________________ __________________________________
Ryan Brown By: Jeff Briggs
Chief Deputy Prosecuting Attorney, Civil Franklin County Deputy Prosecutor
[Signatures Continue Below]
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Third Amended and Restated BCES Interlocal (2024) Page 17
CITY OF PASCO CITY OF RICHLAND
______________________________ ___________________________________
By: Adam Lincoln Date By: Jon Amundson, ICMA-CM Date
Pasco City Manager Richland City Manager
Attest: Attest:
______________________________ ____________________________________
Debby Barham, City Clerk Jennifer Rogers, City Clerk
Approved as to Form: Approved as to Form:
______________________________ ____________________________________
Eric Ferguson, Pasco City Attorney Heather Kintzley, Richland City Attorney
CITY OF KENNEWICK CITY OF WEST RICHLAND
______________________________ ___________________________________
By: Lisa Beaton Date By: Brent Gerry Date
Interim Kennewick City Manager Mayor
Attest: Attest:
______________________________ ____________________________________
Krystal Townsend, City Clerk Stephanie Haug, City Clerk
Approved as to Form: Approved as to Form:
______________________________ ____________________________________
Laurencio Sanguino Jessica Foltz
Acting Kennewick City Attorney West Richland City Attorney
[Signatures Continue Below]
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Third Amended and Restated BCES Interlocal (2024) Page 18
CITY OF PROSSER CITY OF BENTON CITY
______________________________ ___________________________________
By: Gary Vegar Date By: Len Burton Date
Mayor Mayor
Attest: Attest:
_______________________________ ____________________________________
Rachel Shaw, City Clerk Stephanie Haug, City Clerk
Approved as to Form: Approved as to Form:
______________________________ ____________________________________
Howard Saxton, Prosser City Attorney Eric Ferguson, City Attorney for Benton
City
BENTON COUNTY FIRE PROTECTION DISTRICTS 1, 2, AND 4
____________________________________ Attest: ______________________________
By: _________________, Commission Chair
BCFPD #1
Date: _______________
___________________________________ Attest: ______________________________
By: _________________ Commission Chair
BCFPD #2
Date: _______________
___________________________________ Attest: ______________________________
By: ________________, Commission Chair
BCFPD #4
Date: _______________
Page 194 of 239
Pasco City Council Meeting
March 18, 2024
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Third Amended and Restated ILA for BCES
History:
▪ Benton County Emergency Services (BCES) was created in 1996 pursuant to an interlocal
agreement.
▪ In 2018, the Second Amended and Restated Interlocal Agreement was authorized, establishing the
current member agencies:
▪Benton and Franklin Counties
▪Richland, Kennewick, Pasco, West Richland, Prosser, Benton City
▪Benton County Fire Protection District 1 ,2, and 4
▪Benton PUD
▪ Establishment of the Southeast Communications Center (SECOMM).
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Current Status:
▪ The BCES Executive Board is the governing body of Benton County Emergency Services.
▪BCES provides dispatching for public safety and emergencies located in Benton and Franklin Counties.
▪ The existing interlocal agreement addresses maintenance and operation of existing capital assets.
▪ Each county operates off their own microwave system.
▪ Several parts of the communications equipment are in dire need of replacement.
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Third Amended and Restated ILA for BCES
New Language:
▪ The ILA will include 5 member agencies, each owning 20 percent.
▪Benton and Franklin Counties
▪City of Kennewick, Richland, and Pasco
▪ Removes Benton Public Utility District #1 (Benton PUD) as a member agency, at their request.
▪ Addresses capital acquisition and ownership of the Microwave Radio Infrastructure project.
▪ The ILA was unanimously approved on March 6th, 2024, by the BCES Executive Board.
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Benefits of the ILA:
▪ Allows the region to move forward with the capital funding of a bi-county microwave system.
▪ Sets the framework of an 800MHz platform for agencies within the Benton and Franklin Counties.
▪ Allows for collaboration in a cost sharing effort among the 5 member agencies.
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Fiscal Impact:
▪ Establishes ownership for future Capital acquisition.
▪ Commits the City to a 20% cost share of the Microwave Radio System and infrastructure.
▪ Anticipated costs for the City of Pasco will be $904,000 + tax.
▪The first payment is expected in March 2024 (initiation of the project)
▪The next two payments will be in 2025 and 2026 (install and acceptance)
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Recommended Motion:
Staff recommends a resolution approval, authorizing the City Manager to execute a Third Amended and
Restated Interlocal Agreement for Benton County Emergency Services.
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Pasco City Council Meeting
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AGENDA REPORT
FOR: City Council March 14, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 3/18/24
FROM: Jacob Gonzalez, Director
Community & Economic Development
SUBJECT: Resolution No. 4437 - Settlement Agreement for Lewis Place, LLC
Purchase
I. REFERENCE(S):
Resolution No.
Exhibit A - Mutual Release and Settlement Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4437, approving the Mutual
Release further, and LLC; Place Settlement with Agreement and Lewis
authorize the City Manager to execute the participation form and allocation
agreement.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On May 2, 2022, the City Council executed a Purchase and Sale Agreement
(PSA) No Parcel County (Franklin parcel for LLC Place Lewis with a
113900092). The selling price was $135,000. Unfortunately, there were some
discrepancies between the terms of the PSA and the subsequent Deed
conveying the property. These discrepancies were interpreted differently by
the parties and after significant negotiations the parties have successfully
resolved the matter by way of the City agreeing to allow potential residential
development as long as Lewis Place LLC agrees to develop, or sell the parcel
subject to, a height restriction of 35 feet for the principal building and 15 feet for
any accessory building.
V. DISCUSSION:
Page 203 of 239
The proposed resolution authorizes the City Manager to execute the Mutual
Release and Settlement Agreement with Lewis Place, LLC.
Staff and legal counsel recommend approval of the proposed resolution.
Page 204 of 239
Resolution – Settlement Agreement for Lewis Place LLC - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE
MUTUAL RELEASE AND SETTLEMENT AGREEMENT BETWEEN LEWIS
PLACE, LLC., AND THE CITY OF PASCO.
WHEREAS, the City and Lewis Place, LLC negotiated a selling price of $135,000 for
Parcel Number 113-900-092; and
WHEREAS, on May 2, 2022, the City and Lewis Place, LLC executed a Purchase and
Sale Agreement (PSA), as well as Amendments 1 & 2 to the PSA; and
WHEREAS, on July 14, 2022, the City executed a Statutory Warranty Deed (Deed) for
Parcel Number 113-900-092, conveying and warranting such parcel to Lewis Place, LLC, subject
to covenants, conditions, restrictions and easements, if any affecting title which may appear in the
public record, including those shown on any recorded plat or survey; and
WHEREAS, on July 18, 2022, said Statutory Warranty Deed was recorded with the
County Auditor for Franklin County, Washington, and
WHEREAS, the parties encountered discrepancies as to the terms contained within the
PSA and the subsequent Deed and the interpretation thereof; and now, without admission of
liability, and in recognition of the significant cost associated with litigation, have reached a
mutually negotiated settlement; and
WHEREAS, after due consideration, determined that it is in the best interest of the City
of Pasco to enter into a Mutual Release and Settlement Agreement with Lewis Place, LLC.
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 the Mutual
Release and Settlement Agreement between Lewis Place, LLC and the City of Pasco ; a copy of
which is attached hereto and incorporated herein by reference as Exhibit A.
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to sign and execute the Agreement; and to make minor
substantive changes as necessary to execute the Agreement.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 205 of 239
Resolution – Settlement Agreement for Lewis Place LLC - 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 206 of 239
Mutual Release and Settlement Agreement - 1
MUTUAL RELEASE AND SETTLEMENT AGREEMENT
THIS MUTUAL RELEASE AND SETTLEMENT AGREEMENT is entered into this
_____ day of March 2024, by and between the City of Pasco, a Washington Municipal Corporation
(“City”), and Lewis Place LLC, a Washington Limited Liability Company (“Lewis Place”).
WHEREAS, the City and Lewis Place negotiated a selling price of $135,000; and
WHEREAS, the City and Lewis Place executed a Purchase and Sale Agreement (PSA),
as well as Amendments 1 & 2 to the PSA, on May 2, 2022; and
WHEREAS, on July 14, 2022, the City executed a Statutory Warranty Deed (Deed) for
Parcel Number 113-900-092, conveying and warranting such parcel to Lewis Place, subject to
covenants, conditions, restrictions and easements, if any affecting title which may appear in the
public record, including those shown on any recorded plat or survey; and
WHEREAS, on July 18, 2022, said Statutory Warranty Deed was recorded with the
County Auditor for Franklin County, Washington, and; and
WHEREAS, the parties encountered discrepancies as to the terms contained within the
PSA and the subsequent Deed and the interpretation thereof; and now, without admission of
liability, and in recognition of the significant cost associated with litigation, have reached a
mutually negotiated settlement.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTINAINED HEREIN, it is agreed as follows:
1. Lewis Place agrees to either develop or sell Parcel Number 113-900-092 subject to:
Maximum Building Height (which may include residential) in accordance with
PMC 25.40.050(5) for Parcel Number 113-900-092 shall be:
a. Principal building: 35 feet, except a greater height may be approved by special
permit.
b. Accessory building: 15 feet.
2. Both parties in consideration of this Agreement, do hereby release and discharge
the other of any and all claims, liabilities, causes of action, damages, losses,
demands or obligations of any kind and nature related to or based upon, known or
unknown, or arising out of the above-referenced property; and Lewis Place and the
City accepts as full and final satisfaction of any claims related thereto.
3. By entering into this Agreement, both parties expressly acknowledge that there is
no admission of liability on behalf of either party except as specifically provided
Page 207 of 239
Mutual Release and Settlement Agreement - 2
herein, and that this Agreement is the result of a negotiated compromise and
settlement.
4. This Agreement settles, waives, releases, and forever bars any and all claims and
actions at law by either party, or their successors, heirs, or assigns against the other
party or their successors, heirs, or assigns arising out of the above- referenced
matter, except as provided herein. This Release does not apply to any other parties.
5. Each signatory hereto represents and warrants that all necessary signatures and
consents to enter into this Agreement, and to assume and perform the obligations
hereunder have been properly obtained.
6. Each term and provision of this Agreement is deemed to have been explicitly
negotiated at arm's length between the parties and in all cases, shall be construed
and interpreted according to the fair meaning and not strictly for or against either
party, and without reference to who might have drafted the term.
7. This Agreement is entered into and shall be construed and interpreted in accordance
with the laws of the State of Washington.
8. This Agreement embraces and includes the entire agreement between the parties
and may not be changed except in writing signed by all parties.
9. This Agreement may be executed in counterparts. Each counterpart shall be
deemed an original, all of which taken together shall be one and the same
instrument. This Agreement shall become effective upon execution of the
counterpart by each party and delivery to the other party.
THIS IS A RELEASE
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
designated above.
CITY OF PASCO, WASHINGTON LEWIS PLACE, LLC
____________________________________ ____________________________________
Adam Lincoln, City Manager Stephen Bauman
Page 208 of 239
AGENDA REPORT
FOR: City Council March 13, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 3/18/24
FROM: Jacob Gonzalez, Director
Community & Economic Development
SUBJECT: Q Ordinance No. 4671 - Lewis Place, LLC for Jefferson Landing Rezone
R-1-A to R-4 (Z 2022-013)
I. REFERENCE(S):
Proposed Ordinance
Exhibit A - Hearing Examiner Recommendation
Exhibit B - Map
Report to Hearing Examiner Dated: 12 April 2023
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: zoning the amending 4671, No. adopt to move I Ordinance
classification of certain real property located along Heritage Boulevard between
East Lewis Street and East “A” Street, Pasco, Franklin County, Washington,
from R-1-A to R-4, and further, authorize publication by summary only.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
On April 12, 2023, the Hearing Examiner held a public hearing to consider a
request to rezone property located along Heritage Boulevard between East
Lewis Street and East “A” Street in Pasco, Washington from R-1-A (Low
Density Residential Alternate) to R-4 (High-Density 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 209 of 239
This item was brought to Council for consideration at their June 5, 2023,
Council meeting; however, at the request of the City Attorney it was tabled until
a future meeting. It is now before Council for approval.
V. DISCUSSION:
The applicant, Lewis Place LLC, submitted a request to rezone the property
located along Heritage Boulevard between East Lewis Street and East “A”
Street in Pasco, Washington from R-1-A (Low-Density Residential Alternate) to
R-4 (High-Density Residential). The site is currently undeveloped. The site
comprises approximately 2.25 acres (98,010 square feet) and is assigned the
Mixed Residential/Commercial Land Use per the Pasco Comprehensive Plan.
Review criteria for considering a rezone application are provided in the Pasco
Municipal Code (PMC) Section 25.210.030. The criteria can be summarized
as:
1. The date the existing zone became effective:
The site was zoned RFAH-1, which is now the R-1-A (Low-Density Residential)
in 2004 via Ordinance No 3682.
2. The changed conditions, which are alleged to warrant other or additional
zoning:
Increased development in the nearby vicinity, including housing, public schools
and parks, and employment centers has created an increasing need for
additional housing opportunities.
3. Facts to justify the change based on advancing public health, safety, and
general welfare:
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 the 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 Mixed Residential and Commercial Land Use designation for the site.
The proposed rezone would accommodate a wide variety of housing options
providing opportunities for increased homeownership and rental options. A
development action affecting the site would be subject to the State
Environmental Policy Act (SEPA) and impacts to the natural and building
Page 210 of 239
environment, including neighboring properties, would be considered and
mitigated through the SEPA process.
5. The effect on the property owner or owners if the request is not granted:
The proposed rezone would align with the intent of the Comprehensive Plan. If
the property retains the current R-1 A zoning designation the land would likely
remain undeveloped.
6. The Comprehensive Plan land use designation for the property:
The as site the designates Mixed Comprehensive Pasco of City Plan
Residential and Commercial, which allows for the proposed R-4 zoning and
requires a density of 5 to 29 dwelling units per acre.
7. Such other information the Hearing Examiner requires:
The the intent of the rezoning application is consistent with and meets
Comprehensive Plan, and City Council Goals.
Page 211 of 239
Ordinance - Rezone Z 2022-013 – Jefferson Landing - 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. 4671
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED ALONG HERITAGE BOULEVARD BETWEEN EAST
LEWIS STREET AND EAST “A” STREET, PASCO, FRANKLIN COUNTY,
WASHINGTON, FROM R-1-A TO R-4.
WHEREAS, Lewis Place LLC, Petitioner, seeks to rezone Parcel No. 113900092 Pasco,
Franklin County, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City
and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted
by the Pasco Hearing Examiner upon such petition on April 12, 2023; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development will be mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposed rezone is consistent with
and satisfies all criteria set forth in PMC Section 25.210.060; the Hearing Examiner has
recommended to approve the rezone, which findings and recommendation are hereby adopted by
the City Council, and the Hearing Examiner Report is hereby incorporated by reference as Exhibit
A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Page 212 of 239
Ordinance - Rezone Z 2022-013 – Jefferson Landing - 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
R-1-A (Low Density Residential Alternate) to R-4 (High-Density Residential) for the real property
as shown in the Exhibit B attached hereto and described as follows:
That portion of the Southeast ¼ of the Northwest ¼ of the Southeast ¼ of Section
28, Township 9 North, Range 30 East, WM., records of Franklin County,
Washington, lying easterly of Billings Street Right-of-Way, conveyed to the city of
Pasco by Recording No. 1697960.
Comprising approximately 2.25 acres
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any
other section, subsection, sentence, clause, phrase or word of this Ordinance.
Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of Ordinances or their sections and subsections.
Section 4. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, on this 18th day of March,
2024.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 213 of 239
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF )
)
)
) )
)
RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION Z 2022-013
Lewis Place, LLC
THIS MA TIER having come on for hearing in front of the City of Pasco Hearing Examiner on April
12, 2023, the Hearing Examiner having taken evidence hereby submits the following Recommended
Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as follows:
I.RECOMMENDED FINDINGS OF FACT
1.PROPERTY/APPLICATION DESCRIPTION:
1.1 Legal: SE4NW4SE4 28-9-30 LOCATED ELY OF BILLING ST R/W PER
DEDICATION DEED #1697960.
1.2 General Location: Said property located on the east side of Heritage Boulevard between E Lewis Street and E Helena Street Pasco, Franklin County, WA. (Parcel
113900092).
1.3 Property Size: Approximately 2.25 acres.
1.4 Access: Lewis Place, LLC, 3130 Varney Lane, Suite 102, Pasco WA 99301.
1.5 Request: Rezone Parcel 113900092 from "R-1-A" (Low Density Residential) to "R-
4" (High Density Residential).
2.ACCESS: The parcel will have access from Heritage Boulevard.
3.UTILITIES: Municipal water and sewer are available in E. Lewis Street and E. Helena
Street.
4.LAND USE AND ZONING: The lot is zoned "R-1-A" (Low Density Residential) and is
undeveloped. Surrounding properties are zoned and developed as follows:
Nor th: R-2 SFDUs
East: C-3 Car Storage lot
South: R-T Vacant West: R-1-a SFDUs
5.COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map designates the area
"Mixed Residential/Commercial;" the "Mixed Residential/Commercial" designation allows
for a combination of mixed-use residential and commercial in the same development, Single
family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5
to 29 dwelling units per acre, and neighborhood shopping and specialty centers, business
parks, service and office uses. Allowable zoning for the "Mixed Residential/Commercial"
land use designation includes the R-1 through R-4, C-1 and 0, and Waterfront zones.
Z 2022 013
Jefferson Landing
Page 1 of 5
Page 214 of 239
6.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the SEPA checklist (SEPA 2022-084), the adopted City Comprehensive
Plan, City development regulations, and other information, a threshold determination
resulting in a Determination of Non-Significance (DNS) was issued for this project on 15
March 2022 under WAC 197-11-340(2).
7.REQUEST: Lewis Place LLC, has submitted a rezone application (Z 2022-013) from "R-1-
A" (Low Density Residential) to R-4 (High Density Residential), for the East½ of the
Northwest¼ of the Southeast¼ of the Southeast¼ of Section 28, Township 9 North, Range30 East (Parcel 113900092) in Pasco, WA.
8.SITE: The site comprises approximately 2.25 acres (98,010 square feet) and is undeveloped.
"Mixed Residential/Commercial;" the "Mixed Residential/Commercial" designation allows
for a combination of mixed-use residential and commercial in the same development, Single
family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5
to 29 dwelling units per acre, and neighborhood shopping and specialty centers, business
parks, service and office uses. Allowable zoning for the "Mixed Residential/Commercial"
land use designation includes the R-1 through R-4, C-1 and O, and Waterfront zones.
9.HISTORY: The site was annexed into the City in 1994 and assigned RT (Residential
Transition) zoning in conjunction with the annexation (Ordinance 3033). The site was
rezoned RFAH-1, which is now R-1-A (Low Density Residential) zoning in 2004 (Ordinance
3682)
10.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:
IO. I The date the existing zone became effective:
10.1.1 The site was rezoned RFAH-1, which is now R-1-A (Low Density
Residential) zoning in 2004 (Ordinance 3682).
10.2 The changed conditions, which are alleged to warrant other or additional zoning:
10.2.1 For many years it was difficult to encourage residential development in the eastern portions of the community. With beneficial changes such as new
schools and improvements to the parks over the years, new development is
occurring in East Pasco. New single-family homes were built across the
street to the west starting in 2017. The property is considered "infill"
property as development has occurred around it.
10.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
10.3.1 A rezone of this parcel from R-1-A to R-4 is logical because it is located in
an area that is already developed with both low-density residential and
commercial uses. Development of the site with residential and uses could
improve the overall look of the neighborhood.
10 .4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
Z 2022 013
Jefferson Landing
Page 2 of 5
Page 215 of 239
10 .4 .1 The proposed rezone would align with the intent of the Comprehensive Plan.
If the property retains the current R-1 A zoning designation the land would
likely remain undeveloped.
10.5 The effect on the property owner or owners if the request is not granted:
10. 5 .1 The likely scenario is that the property would remain underdeveloped.
10.6 The Comprehensive Plan land use designation for the property
10.6.1 The Land Use Element of the Plan now designates the lot "Mixed
Residential/Commercial." The "Mixed Residential/Commercial" designation
allows for R-1 through R-4, C-1 and 0, and Waterfront zoning and may be
developed with Mixed-use residential and commercial uses.
10.7 Such other information as the Hearing Examiner requires.
10. 7 .1 The rezone application is consistent with and meets the intent of theComprehensive Plan, and City Council. Right of Way dedication and ROW
Improvements will be required at the time of development. As well, a traffic
impact analysis will likely need to be completed for this development to
understand the impacts the development may have on the existing City infrastructure.
11.Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on March 17, 2023.
12.An open record public hearing after due legal notice was held April 12, 2023, with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
13.Appearing and testifying at the hearing was Stephen Bauman. Mr. Bauman testified that he
was an agent authorized to appear on behalf of the Applicant/property owner. He agreed with
all representations in the staff report.
14.No member of the public appeared at the hearing.
15.The staff report, application materials, agency comments and the entire file of record wereadmitted into the record.
16.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
11.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 "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1
and 0, and Waterfront zoning and may be developed with Mixed-use residential and
commercial uses.
1.2 The proposal also aligns with the following Comprehensive Plan Goals and Policies:
1.3 Goal LU-1: take deliberate, consistent, and continuous actions to improve the
community's quality of life.
Z 2022 013
Jefferson Landing
Page 3 of 5
Page 216 of 239
1.5 Goal LU-2: plan for a variety of compatible land uses within the VGA.
1.6 Policy LU-2-A: Maintain sufficient land designated to accommodate residential,
commercial, industrial, educational, public facility, and open-space uses proximate to
appropriate transportation and utility infrastructure.
1.7 Policy LU-2-B: Facilitate planned growth within the City limits and UGA and
promote infill developments in the City limits through periodic review of growth
patterns and market demand within each of the City's land use designations.
1.8 Policy LU-6-A: Encourage commercial and higher-density residential uses along
major corridors and leverage infrastructure availability.
2.The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The application for rezone is consistent with the Comprehensive Plan Land Use
Element. Surrounding uses include low-density residential to the north, commercial to the east, medium-density residential to the south, and medium-density residential
to the west.
3.There is merit and value in the proposal for the community as a whole.
3 .1 The proposed rezone application is consistent with the Comprehensive Plan Land
Use Map and the Goals and Policies as adopted by the Pasco City Council
(Ordinance 4537)
3 .2 The Comprehensive Plan has recently been updated for the area and now designates
the lot "Mixed Residential/Commercial." 3.3 The "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1
and 0, and Waterfront zoning and may be developed with Mixed-use residential and
commercial uses.
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.
5.A Concomitant Agreement should be entered into between the City and the petitioner, and if
so, the terms and conditions of such an agreement.
5 .1 If or when applicants pursue the development of this property, they will be required to conform to subdivision and design standards established by the PMC. No
Concomitant Agreement is considered necessary for this application. Mitigation
measures will be identified at the project/permit level.
6.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III.RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL, that Parcel 113900092 located on the east side of Heritage
Boulevard between E Lewis Street and E Helena Pasco, Franklin County, WA be rezoned from R-1-
A (Low Density Residential) to R-4 (High Density Residential).
Z 2022 013
Jefferson Landing
Page 4 of5
Page 217 of 239
, •• f
Dated this _lX_ day of April, 2023.
CITY OF PASCO HEARING EXAMINER
An/£1:i.lf=-:J
Z 2022 013
Jefferson Landing
Page 5 of 5
Page 218 of 239
Item:Rezone -Jefferson Land"-R-1-A to R-4
"Exhibit B"_
licant(s):Lewis Place LL
#:Z 2022-013
0 70 140 280
S Road 30 East
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REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Remote
WEDNESDAY, 12 April 2023
6:00 PM
1
MASTER FILE #: Z 2022-013
APPLICANT: Lewis Place, LLC
3130 Varney Lane, Suite 102
Pasco WA 99301
REQUEST: REZONE: Rezone Parcel 113900092 from “R-1-A” (Low Density
Residential) to “R-4” (High Density Residential)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: SE4NW4SE4 28-9-30 LOCATED ELY OF BILLING ST R/W PER DEDICATION DEED #1697960
General Location: Said property located on the east side of Heritage Boulevard between E Lewis
Street and E Helena Street Pasco, Franklin County, WA. (Parcel 113900092)
Property Size: Approximately 2.25 acres
2. ACCESS: The parcel will have access from Heritage Boulevard.
3. UTILITIES: Municipal water and sewer are available in E Lewis Street and E Helena Street.
4. LAND USE AND ZONING: The lot is zoned “R-1-A” (Low Density Residential) and is undeveloped.
Surrounding properties are zoned and developed as follows:
NORTH: R-2 SFDUs
EAST: C-3 Car Storage lot
SOUTH: R-T Vacant
WEST: R-1-A SFDUs
5. Comprehensive Plan: The Comprehensive Plan Land Use Map designates the area “Mixed
Residential/Commercial;” the “Mixed Residential/Commercial” designation allows for a
combination of mixed-use residential and commercial in the same development, Single-family
dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29
dwelling units per acre, and neighborhood shopping and specialty centers, business parks, service
and office uses. Allowable zoning for the “Mixed Residential/Commercial” land use designation
includes the R-1 through R-4, C-1 and O, and Waterfront zones.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based
on the SEPA checklist (SEPA 2022-084), the adopted City Comprehensive Plan, City development
regulations, and other information, a threshold determination resulting in a Determination of
Non-Significance (DNS) was issued for this project on 15 March 2022 under WAC 197-11-340(2).
Page 220 of 239
2
ANALYSIS
Request
Lewis Place LLC, has submitted a rezone application (Z 2022-013) from “R-1-A” (Low Density Residential)
to R-4 (High Density Residential), for the East ½ of the Northwest ¼ of the Southeast ¼ of the Southeast ¼
of Section 28, Township 9 North, Range 30 East (Parcel 113900092) in Pasco, WA.
Site
The site comprises approximately 2.25 acres (98,010 square feet) and is undeveloped
“Mixed Residential/Commercial;” the “Mixed Residential/Commercial” designation allows for a
combination of mixed-use residential and commercial in the same development, Single-family dwellings,
patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre,
and neighborhood shopping and specialty centers, business parks, service and office uses. Allowable
zoning for the “Mixed Residential/Commercial” land use designation includes the R-1 through R-4, C-1
and O, and Waterfront zones.
History
The site was annexed into the City in 1994 and assigned RT (Residential Transition) zoning in conjunction
with the annexation (Ordinance 3033). The site was rezoned RFAH-1, which is now R-1-A (Low Density
Residential) zoning in 2004 (Ordinance 3682)
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria
are listed below as follows:
1. The date the existing zone became effective:
The site was rezoned RFAH-1, which is now R-1-A (Low Density Residential) zoning in 2004 (Ordinance
3682)
2. The changed conditions, which are alleged to warrant other or additional zoning:
For many years it was difficult to encourage residential development in the eastern portions of the
community. With beneficial changes such as new schools and improvements to the parks over the years,
new development is occurring in East Pasco. New single-family homes were built across the street to the
west starting in 2017. The property is considered “infill” property as development has occurred around it.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
A rezone of this parcel from R-1-A to R-4 is logical because it is located in an area that is already developed
with both low-density residential and commercial uses. Development of the site with residential and uses
could improve the overall look of the neighborhood.
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
The proposed rezone would align with the intent of the Comprehensive Plan. If the property retains the
current R-1 A zoning designation the land would likely remain undeveloped.
5. The effect on the property owner or owners if the request is not granted:
The likely scenario is that the property would remain underdeveloped; the property could be developed
with office uses.
Page 221 of 239
3
6. The Comprehensive Plan land use designation for the property
The Land Use Element of the Plan now designates the lot “Mixed Residential/Commercial.” The “Mixed
Residential/Commercial” designation allows for R-1 through R-4, C-1 and O, and Waterfront zoning and
may be developed with Mixed-use residential and commercial uses.
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.
Right of Way dedication and ROW Improvements will be required at the time of development. As well, a
traffic impact analysis will likely need to be completed for this development to understand the impacts
the development may have on the existing City infrastructure.
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 March 17, 2023.
2. Applicant wishes to rezone parcel 113900092 “R-1-A” to R-4.
3. The site comprises approximately 2.25 acres (98,010 square feet)
4. The site is undeveloped.
5. The Comprehensive Plan designates the lot “Mixed Residential/Commercial.”
6. The “Mixed Residential/Commercial” designation allows for R-1 through R-4, C-1 and O, and
Waterfront zoning.
7. The “Mixed Residential/Commercial” designation may be developed with Mixed-use residential
and commercial uses.
8. Residential density may range from 5 to 29 dwelling units per acre in the “Mixed
Residential/Commercial” designated area.
9. The site was annexed into the City in 1994 (Ordinance 3033)
10. The site was assigned RT (Residential Transition) zoning in conjunction with the annexation
(Ordinance 3033).
11. The site was rezoned RFAH-1, which is now R-1-A (Low Density Residential) zoning in 2004
(Ordinance 3682).
12. The property is considered “infill” property as development has occurred around it.
13. No rights-of-way have been dedicated adjacent to the site.
14. Rights-of-way would need to be dedicated in conjunction with any future development.
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 “Mixed Residential/Commercial” designation allows for R-1 through R-4, C-1 and O, and Waterfront
zoning and may be developed with Mixed-use residential and commercial uses.
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4
Goal LU-1: take deliberate, consistent, and continuous actions to improve the community’s quality of life.
Goal LU-2: plan for a variety of compatible land uses within the UGA.
Policy LU-2-A: Maintain sufficient land designated to accommodate residential, commercial, industrial,
educational, public facility, and open-space uses proximate to appropriate transportation and utility
infrastructure.
Policy LU-2-B: Facilitate planned growth within the City limits and UGA and promote infill developments in
the City limits through periodic review of growth patterns and market demand within each of the City’s
land use designations.
Policy LU-6-A: Encourage commercial and higher-density residential uses along major corridors and
leverage infrastructure availability.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The application for rezone is consistent with the Comprehensive Plan Land Use Element. Surrounding uses
include low-density residential to the north, commercial to the east, medium-density residential to the
south , and medium-density residential to the west.
3. There is merit and value in the proposal for the community as a whole.
The proposed rezone application is consistent with the Comprehensive Plan Land Use Map and the Goals
and Policies as adopted by the Pasco City Council (Ordinance 4537)
The Comprehensive Plan has recently been updated for the area and now designates the lot “Mixed
Residential/Commercial.”
The “Mixed Residential/Commercial” designation allows for R-1 through R-4, C-1 and O, and Waterfront
zoning and may be developed with Mixed-use residential and commercial uses.
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.
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,
the terms and conditions of such an agreement.
If or when applicants pursue the development of this property, they will be required to conform to
subdivision and design standards established by the PMC. No Concomitant Agreement is considered
necessary for this application. Mitigation measures will be identified at the project/permit level.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein that Parcel 113900092 located
on the east side of Heritage Boulevard between E Lewis Street and E Helena Pasco, Franklin County, WA
be rezoned from R-1-A (Low Density Residential) to R-4 (High Density Residential).
Page 223 of 239
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Affidavit of Mailing
In regards to MF# 22022-013
I, Carmen Patrick, hereby confirm that notification was sent by mail March 17, 2023 to the owners of the
parcels within 300 feet of the proposed site.
The attached Notification List and Notice of Pub lic 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 17th day, March of 2023 .
~lCU
Representative's Signature
Page 233 of 239
Community Development Department
PO Bo x 293 , 525 N 3 rd Ave , Pa s co , 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, por 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 April 12, 2023 @ 6:00 pm
Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington .
Proposal: Lewis Place LLC has submitted a rezone application (Z 2022-013) R-1 (Low Density Residential) to R-4 (High
Density Residential), in Section 28, Township 9, Range 30 located along Heritage Boulevard between E Lewis Street and
East Helena Street (Parcel # 113900092) in Pasco, Washington. The proposal is subject to regulations contained in the
Pasco Municipal Code.
Item: Rezone R-1-A to R-4 -Jefferson Landing
Applicant(s): Lewis Place LLC
File #: Z 2022-0 I 3
Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00
p.m. on April 12, 2022 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 2 hours prior to the meeting at the following
registration link:
www.pasco-wa .gov/publiccomment
After registering, you will receive a confirmation email containing information about joining the webinar.
Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Special Permit within
ten (10) business days of the public hearing.
The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individua l with a disability shall be
excluded or denied the benefit of participating in such meetings . If you w ish to use auxiliary aids or require ass istance to comment
at this public meet ing , please contact the Community Development Department at (509 ) 545-344 1 or TDD (509 ) 585-4425 at least
ten days prior to the date of the meeting to ma ke arr angements for special needs .
Page 234 of 239
NAME ADDRESS CITY STATE ZIP
ENRIQUE & ELODIA MONTOYA 2500 E LEWIS ST PASCO WA 99301
MENDOZA INVESTMENT PROPERTIES 4114 FINNHORSE LN PASCO WA 99301
RAMON VERA (ETUX) 2003 ROAD 80 PASCO WA 99301
BEULAH HENRY 207 S 8TH AVE APT 6 YAKIMA WA 98902
PACIFIC POWER & LIGHT CO 825 NE MULTNOMAH ST STE 1900 PORTLAND OR 97232
RALPH E & CHERYL BROET JE 716 W SUNSET DR BURBANK WA 99323
RICHARD B & JOAN L (TRUSTEES) 1199 BLUE LAKE WAY CONCORD CA 94521
US CONNECTIONS LLC 4003 TUSAYAN DR PASCO WA 99301
JOSE LUIS ZUNIGA GONZALEZ (ETU 2715 E HELENA ST PASCO WA 99301
MARTIN & SYLVIA HINOJOSA (ETAL 2711 E HELENA ST PASCO WA 99301
ABIGAIL SILVA 2707 E HELENA ST PASCO WA 99301
LESTER O WEST 2400 E LEWIS ST PASCO WA 99301
LEWIS PLACE LLC 2715 SAINT ANDREWS LOOP STE A PASCO WA 99301
JOSE MORALES (ET AL) 2009 N ROAD 34 PASCO WA 99301
ABEL & ALICIA VERA DE SALAZAR 13069 FALLINGOAK DR RANCHO CUCAMONGA CA 91739
CRISTHIAN & MARISOL SOLORZANO 2702 BLAINE CT PASCO WA 99301
MICHAEL BOWLES 2706 BLAIN CT PASCO WA 99301
JASON RUSSELL 2710 BLAINE CT PASCO WA 99301
JESUS GARCIA CHAVEZ (ETAL) 2714 BLAINE CT PASCO WA 99301
ASUSENA DENIZ (ETAL) 2713 BLAINE CT PASCO WA 99301
DANIEL GARCIA CHAVEZ 2709 BLAIN CT PASCO WA 99301
MARTIN GUTIERREZ 2705 BLAINE CT PASCO WA 99301
HUMBERTO A SENDA 415 ANACONDA AVE PASCO WA 99301
FAUSTINO & ALEJANDRA ESCOBAR 411 ANACONDA AVE PASCO WA 99301
MARLENA M & RAUL AGUIAR 407 ANACONDA AVE PASCO WA 99301
ELIZABETH MURILLO 2618 RONAN CT PASCO WA 99301
FLORA & ALEJANDRO MAGANA 2622 RONAN CT PASCO WA 99301
KAYLEE MARTINEZ 2621 RONAN CT PASCO WA 99301
FLORENTINO ALEXIS FARIAS 2617 RONAN CT PASCO WA 99301
JOSE A VELASCO VILLA 313 ANACONDA AVE PASCO WA 99301
MANUEL MONTES PEREZ 309 ANACONDA AVE PASCO WA 99301
MANUEL R GALVEZ VELASCO (ETUX) 305 ANACONDA AVE PASCO WA 99301
AMARA M PIMENTEL 301 ANACONDA AVE PASCO WA 99301
FIDEL HIPOLITO GARCIA (ETUX) 306 ANACONDA AVE PASCO WA 99301
JESUS M & IVONNE J VALENCIA 310 ANACONDA AVE PASCO WA 99301
ARACELI HERNANDEZ GONZALEZ 314 ANACONDA AVE PASCO WA 99301
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Z 2023-013 (R-1-A to R-4)
Requirements for Zoning Petition (PMC 25.210.030)
•The date the existing zone became effective;
•The changed conditions which are alleged to warrant other or additional zoning;
•Facts to justify the change on the basis of advancing the public health, safety and general welfare;
•The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan;
•The effect on the property owner or owners if the request is not granted;
•The Comprehensive Plan land use designation for the property; and
•Such other information as the Hearing Examiner requires.
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Z 2023-013 (R-1-A to R-4)
Public Hearing:
• April 12, 2023
Hearing Examiner Determination:
• Recommendation of Approval
Site Information:
• Parcel No: 113-900-092
• Location: Heritage Blvd
(between E Lewis Street and E Helena Street)
• Size: 2.25 Acres
• Land Use: Mixed Residential/Commercial
• Zoning: R-1-A (Low-Density Residential)
• Proposed: R-4 (High Density Residential)
Rezone Criteria:
• PMC 25.210.030
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QUALITY OF LIFE
Promote a high-quality of life through quality programs, services and appropriate investment and re-
investment in community infrastructure including, but not limited to:
• Completion of Transportation System Master Plan and design standard updates to promote greater
neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.;
connectivity, walkability, aesthetics, sustainability, and community gathering spaces.
• Completion of the Parks, Recreation and Open Space Plan and development of an implementation
strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address
the needs of the growing population.
FINANCIAL SUSTAINABILITY
Enhance the long-term viability, value, and service levels of services and programs, including, but not
limited to:
• Adopting policies and strategic investment standards to assure consistency of long-range planning to include
update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new
development, e.g.; schools, traffic, parks, and fire.
COMMUNITY TRANSPORTATION NETWORK
Promote a highly functional multi-modal transportation system including, but not limited to:
• Application of the adopted Transportation System Master Plan including development of policies, regulations,
programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal
systems, accessibility, efficiency, and safety.
COMMUNITY SAFETY
Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment
including, but not limited to:
• Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the
current Washington State Rating Bureau Class 3 community rating.
• Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging
existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator
programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service
levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance
with legislative mandates.
ECONOMIC VITALITY
Promote and encourage economic vitality including, but not limited to:
• Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes,
phased sign code update, and development regulations and standards.
• Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use
Plan such as Downtown and Broadmoor Master Plans.
• Development of an Economic Development Plan, including revitalization efforts.
COMMUNITY IDENTITY
Identify opportunities to enhance community identity, cohesion, and image including, but not limited to:
• Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities
to further inclusivity, community engagement, and inter-agency and constituent coordination efforts.
• Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art
and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events
within the community.
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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 239 of 239