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HomeMy WebLinkAbout2024.04.15 Council Meeting Packet AGENDA City Council Regular Meeting 7:00 PM - Monday, April 15, 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 - 16 (a) Approval of Meeting Minutes for March 22nd-23rd, April 1st and April 8th To approve the minutes of the Pasco City Council Biennial Retreat held on March 22nd-23rd, Regular Meeting held on April 1st and Regular Workshop held on April 8, 2024. 17 - 21 (b) Bills and Communications - Approving Claims in the Total Page 1 of 184 Amount of $5,382,743.70 and Write-off Totaling $30,774.00 To approve claims in the total amount of $5,382,743.70 ($3,954,416.28 in Check Nos.263003 - 263166; $66.92 in Electronic Transfer No. 845798; $7,308.73 in Check Nos. 54691 - 54696; $1,418,063.80 in Electronic Transfer Nos. 30206631 - 30206671; $1,990.35 in Electronic Transfer No. 972, $897.62 in Electronic Transfer Nos. 277 - 282). To approve write-off for accounts receivable including Utility Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the total amount of $30,774.00 and, to authorize that it be turned over for collection. 22 - 52 (c) Resolution No. 4441 - Change Order No. 3 Approval for PWRF Phase 2 Improvements To approve Resolution No. 4441, authorizing the City Manager to execute Change Order No. 3 with Tapani, Inc. for the Process Water Reuse Facility (PWRF) Phase 2 Winter Storage Improvements Project. 53 - 68 (d) Resolution No. 4442 - Change Order No. 5 for I-182/Broadmoor Blvd Interchange Project To approve Resolution No. 4442, authorizing the City Manager to execute Change Order No. 5 with Nelson Construction Corp. for the I- 182 & Broadmoor Blvd. Interchange Project. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 6. PUBLIC COMMENTS - The public may address Council on any items unless it relates to a scheduled Public Hearing. This item is provided to allow the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 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 Page 2 of 184 (a) Verbal Reports from Councilmembers 69 - 100 (b) 2024 Washington State Legislative Session Update (10 minutes) Presented by Briahna Murray, Vice President and Holly Sanabria, State Lobbyist from Gordon Thomas Honeywell Governmental Affairs 8. EXECUTIVE SESSION (a) Discussion with Legal Counsel About Current or Potential Litigation per RCW 42.30.110(1)(i) (25 minutes) 9. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 101 - 118 (a) Public Hearing & Ordinance No. 4711 - Dissolution of the Downtown Pasco Development Authority (15 minutes) CONDUCT A PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4711, formally dissolving the Downtown Pasco Development Authority, and, further, authorize publication by summary only. 10. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 119 - 131 (a) Resolution No. 4443 - Surplus of City Property Along Argent Road (Parcel No. 113300252) (5 minutes) MOTION: I move to approve Resolution No. 4443, declaring City- owned real property surplus, setting the minimum price and the method of sale for Parcel No. 113300252, and further, authorize the City Manager to sell the property through realtor listing for a minimum price determined through market analysis. 132 - 136 (b) Ordinance No. 4712 - Amending PMC Subsection 2.05.020(2) Related to Public Comments During Regular Workshop Meetings (5 Minutes) MOTION: I move to adopt Ordinance No. 4712, amending Pasco Municipal Code Subsection 2.05.020(2) related to public comments during Regular Workshop Meetings, and, further, authorize publication by summary only. 137 - 172 (c) *Q Ordinance No. 4713 - Ochoa Rezone from RS-20 to R-1 (Z 2024-001) (5 minutes) MOTION: I move to adopt Ordinance No. 4713, amending the zoning classification of certain real property located on the Northwest corner Page 3 of 184 of Castle Holly Court and Road 56, Pasco, Franklin County, Washington, from RS-20 (Residential Suburban) to R-1 (Low-Density Residential), and further, authorize publication by summary only. 173 - 182 (d) *Resolution No. 4444 - Public Works Board $1M Loan Agreement - Butterfield WTP Improvements Pre-Construction (4 minutes) MOTION: I move to approve Resolution No. 4444, authorizing the City Manager to execute a $1M Loan/Grant ($850K loan and $150K grant) with the Public Works Board for the Butterfield Water Treatment Plant Improvements Project. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. MISCELLANEOUS DISCUSSION 14. ADJOURNMENT 15. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 183 - 184 (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 184 AGENDA REPORT FOR: City Council April 10, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 4/15/24 FROM: Debra Barham, City Clerk City Manager SUBJECT: Approval of Meeting Minutes for March 22nd-23rd, April 1st and April 8th I. REFERENCE(S): 03.22-03.23.2024, 04.01.2024 and 04.8.2024 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Biennial Retreat held on March 22nd-23rd, Regular Meeting held on April 1st and Regular Workshop held on April 8, 2024. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 184 MINUTES City Council Special Meeting 5:30 PM Friday, March 22, 2024 & continued 8:00 AM Saturday, March 23, 2024 Holiday Inn Express & Suites, Pasco CALL TO ORDER The retreat was called to order at 5:30 PM by Pete Serrano, Mayor. ROLL CALL Councilmembers present: Pete Serrano, David Milne, Blanche Barajas (arrived at 5:44 PM), Melissa Blasdel, Charles Grimm (arrived at 5:33 PM), Peter Harpster, and Leo Perales Councilmembers attending remotely: None 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; 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 Marilynne Beard, Retreat Facilitator ITEMS FOR DISCUSSION City Council Biennial Retreat Council reviewed previous goals including updates and progress made to those goals. Staff provided information on current initiatives and priorities for Council to consider. RECESS Mayor Serrano called a recess at 8:58 PM until Saturday morning, March 23rd at 8:00 AM. Page 1 of 2Page 6 of 184 SATURDAY MARCH 23, 2024 Mayor Serrano called the retreat back to order at 8:00 AM. Councilmembers present: Pete Serrano, David Milne, Blanche Barajas (arrived at 8:09 AM), Melissa Blasdel, Charles Grimm, Peter Harpster, and Leo Perales Councilmembers attending remotely: None Councilmembers absent: None Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Marilynne Beard, Facilitator ITEMS FOR DISCUSSION CONTINUED City Council Biennial Retreat Continued Ms. Beard facilitated the discussion with Council and staff, which reviewed and confirmed goals' pillars and Council's priorities. Staff was tasked to summarize Councils goals and priorities and will provide draft of the City Council's 2024-2025 goals and priorities to Council at future meeting for discussion and finalization. ADJOURNMENT There being no further business, the meeting was adjourned at 12:23 PM on Saturday, March 23, 2024. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 2 of 2Page 7 of 184 MINUTES City Council Regular Meeting 7:00 PM - Monday, April 1, 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, Peter Harpster, and Leo Perales Councilmembers attending remotely: Blanche Barajas; Peter Harpster Councilmembers absent: Charles Grimm Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Jacob Gonzalez, Community & Economic Development Director; Jesse Rice, Parks & Recreation Director; Ken Roske, Police Chief; John Millan, Acting 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 March 18th and March 25th To approve the minutes of the Pasco City Council Regular Meeting held on March 18, 2024, and Regular Workshop held on March 25, 2024. Bills and Communications - Approving Claims in the Total Amount of $10,050,951.86 To approve claims in the total amount of $10,050,951.86 ($8,408,939.93 in Check Nos.262713 - 263002; $395,464.27 in Electronic Transfer Nos.845215 - 845249, 845261 - 845333, 845419, 845427 - 845683; $7,044.64 in Check Nos. 54686 - Page 1 of 5Page 8 of 184 54690; $1,239,503.02 in Electronic Transfer Nos.30205338 - 30205996). Resolution No.4438 Amendment to the 2024-2025 City Council Representation on Local & Regional Boards and Committees To approve Resolution No. 4438, confirming Mayor Serrano's amendment to the assignments of Councilmembers to various community boards and committees for the years 2024-2025. Resolution No. 4439 - Service Agreement with TRIDEC To approve Resolution No. 4439, authorizing the City Manager to execute and Industrial Recruitment Participant Agreement with the Tri-City Development Council (TRIDEC). Visit Tri-Cities Tourism Promotion Area Reserve Fund Request To approve the the 2024 Special Project Expenditures for the Tourism Promotion Area (TPA) in the amount of $176,100 to be funded from the TPA Reserve Balance. Roll Call Vote MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to approve the Consent Agenda as read. RESULT: Motion carried unanimously 6-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Harpster, and Councilmember Perales ABSENT: Councilmember Grimm PUBLIC COMMENTS Pat Jones, Pasco resident, commented about an incident that occurred at Sun Willows Golf Course recently. Mary Mahoney, Pasco resident, commented on the flood plan and the deaths of area bald eagles. She commented on a flock of Canadian geese located on the Pearl Street where two were struck and killed. She stated those deaths were due to the disrupted flood plan. David Cortinas, Pasco resident, expressed concern regarding Mayor Serrano's vote related to the Lewis Street businesses located where the street closure is currently in effect. He stated that those businesses are suffering due to the street closure. Jose Cuevas, Downtown Pasco business owner, stated that his building has been Page 2 of 5Page 9 of 184 damaged due to the Lewis Street Overpass construction (drilling) near his facility and was seeking compensation. Edward Lee, Hello Habanero Marketing, distributed a custom marketing package to help those business owners in the downtown area. Pasco business owner, Tires for Less, expressed frustration regarding the Lewis Street Overpass project and is negatively impacting his business. He asked for help to keep his business open during the construction of the overpass. Valerie, Lewis Street Tires owner, suggested that the City needs to show the businesses that are directly impacted due to the Lewis Street closure on both sides of the overpass construction. She expressed appreciation to the Councilmembers that are attending the weekly meetings. Wendy, downtown business owner, stated that her business is falling through the cracks. She stated that the City has not been advertising her business along with the area businesses as indicated. She expressed concern that customers cannot access her business. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Ms. Barajas discussed the recent Hispanic Chamber of Commerce Annual Awards and the Coffee with a Cop event she attended. Mr. Perales reported on the Lewis Street Overpass Businesses weekly meeting, as well as the City's annual Easter egg hunt. NOTE: Councilmember Charles Grimm signed on to the meeting at 7:21 PM; however, he was unable to speak from his remote location due to equipment failure; therefore, he will be considered absent for voting purposes. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Public Hearing & Ordinance No. 4710 - Right-of-Way Vacation at Pasco School District No. 1 Orion High School (VAC 2023-003) Mr. Gonzalez provided a brief report on the proposed vacation of a right-of-way for the Pasco School District (PSD) No. 1. Mr. Perales asked about utilities located along that property. Mayor Serrano declared the Public Hearing open to consider the proposed right- of-way vacation for Orion High School. Page 3 of 5Page 10 of 184 Following three calls for comments, and there being none, Mayor Serrano declared the Public Hearing closed. Roll Call Vote MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to adopt Ordinance No. 4710, vacating a portion of East Salt Lake Street right- of-way in Blocks 20 and 21 of Frey's Addition to Pasco, Washington, and waiving the requirements for an appraisal, title report, and payment of compensation and, further, authorize publication by summary only. RESULT: Motion carried 5-1 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, and Councilmember Harpster NAYS: Councilmember Perales ABSENT: Councilmember Grimm ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Resolution No. 4440 - Setting a Public Hearing for the Dissolution of the Downtown Pasco Development Authority Ms. Sigdel provided a brief report related to setting a public hearing date related to the dissolution of the Downtown Pasco Development Authority (DPDA). Roll Call Vote MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Harpster to approve Resolution No. 4440, fixing a date and place for public hearing on the dissolution of the Downtown Pasco Development Authority and directing that the notice thereof be given in a manner required by law and the Charter. RESULT: Motion carried unanimously 6-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Harpster, and Councilmember Perales ABSENT: Councilmember Grimm MISCELLANEOUS DISCUSSION Mr. Lincoln provided a brief update on the status of the Lewis Street Overpass project, as well as what is being done to assist those businesses affected by the closure of Lewis Street due to the project. Mr. Rice commented on the City's Spring Egg-extravaganza event, which was held recently. Page 4 of 5Page 11 of 184 Mr. Perales commented on the 911 system upgrades and asked for a brief report on it, as well as explaining the City Council's role in this matter. Mr. Lincoln stated that a report would be prepared for Council. EXECUTIVE SESSION Council adjourned into Executive Session at 7:51 PM for 15 minutes returning at 8:06 PM to discuss Discussion with legal counsel about legal risks of current or proposed action per RCW 42.30.110(1)(i) with the City Manager, Deputy City Manager, and City Attorney. Mayor Serrano called the meeting back to order at 8:06 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 8:06 PM. PASSED and APPROVED this ____ day of ________________, 20__. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 5 of 5Page 12 of 184 MINUTES City Council Workshop Meeting 7:00 PM - Monday, April 8, 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: Charles Grimm Councilmembers absent: None Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Jacob Gonzalez, Community & Economic Development Director; Jesse Rice, Parks & Recreation Director; Ken Roske, Police Chief; John Millan, Acting Interim Public Works Director; and Debby Barham, City Clerk The meeting was opened with the Pledge of Allegiance. VERBAL REPORTS FROM COUNCILMEMBERS Mayor Pro Tem Milne reported on the Pasco Chamber of Commerce Lunch Meeting he attended earlier in the day. ITEMS FOR DISCUSSION Pasco High School Dance Team Recognition Mayor Serrano invited the Pasco High School Dance Team forward from the audience; where he read and then presented a letter of congratulations to the Dance Team members. Page 1 of 4Page 13 of 184 RECESS Mayor Serrano called a five-minute recess at 7:14 PM. ITEMS FOR DISCUSSION CONTINUED Resolution - Surplus of City Property Along Argent Road (Parcel No. 113300252) Ms. Sigdel provided a brief report on the proposed surplus of City property explaining the reasons for disposing of this property. Mr. Perales asked what prompts this type of action. He also asked for a list of all City-owned property. He suggested that some of the property should be set aside for affordable housing projects. Ms. Blasdell asked for a history of the property as it relates to CBC student housing. Resolution - Change Order No. 3 Approval for PWRF Phase 2 Improvements Public Works Senior Engineer Brittany Whitfield provided a brief report on the proposed change order to the Process Water Reuse Facility. Mr. Perales asked a few questions related to the project's schedule and Ms. Whitfield responded. Resolution - Change Order No. 5 for I-182/Broadmoor Blvd Interchange Project Public Works Senior Engineer Juan Loyola provided a brief report on the proposed change order for the I-182/Broadmoor Boulevard interchange project. Mayor Serrano asked about the funding revenues of this project. Mr. Lincoln stated that the funding for the project is from the Tax Increment Funding (TIF). Mr. Perales asked if the change order (CO) is already underway and Mr. Loyola stated it was and then stated that the contractor is aware that the City has not approved this CO as of yet and is anticipating that it will go through as it is a Washington State Department of Transportation (WSDOT) requirement. Resolution – Developer Reimbursement (Latecomer) Agreement for Spencer Estates PH 4 At 7:35 PM Mr. Harpster recused himself from this agenda item and left the Page 2 of 4Page 14 of 184 Council Chambers. Mr. Gonzalez provided a brief report on the proposed Developer Reimbursement Agreement for Spencer Estates Phase 4 development. At 7:39 PM Mr. Harpster returned to Council Chambers. Legal Counsel Discussion Mr. Lincoln provided a brief overview of the current agreement for legal counsel (City Attorney duties) noting that it will be expiring in September 2024 and he asked for Council's input related to renewing this agreement for another 24 months, amending it or solicit for legal services. Mr. Ferguson provided additional information regarding his efforts for retaining two additional attorneys in this firm to help cover City needs. Mayor Pro Tem Milne expressed support for continuing with Kerr Ferguson Law and renew the agreement. Mr. Perales asked for a breakdown of costs for hiring an in-house attorney versus contacting services outside. Mr. Harpster asked how long will it take for Mr. Ferguson to fully staff his office. He recommended that Council review the cost breakdown. Mr. Grimm expressed thanks to the services that Kerr Ferguson Law has provided over the past 20 years. He also asked for a cost comparison to determine the best value for the citizens of Pasco. Ms. Barajas and Ms. Blasdel expressed support to renew the current legal counsel agreement. Mayor Serrano recapped the Council discussion noting the need for a cost comparison for City Attorney services. MISCELLANEOUS COUNCIL DISCUSSION Mr. Perales asked when the Heritage Site Environment Impact Statement item would come back to Council. Mr. Gonzalez stated that it is scheduled to come back in late spring/early summer along with other Comprehensive Plan Amendment items. Mr. Perales asked for an update on the Cinco de Mayo weekend event planning. Mr. Rice provided a list of the events scheduled during Cinco de Mayo weekend. Page 3 of 4Page 15 of 184 Ms. Sigdel provided an update related to the businesses affected by the Lewis Street Overpass project and the next steps related to the Community Development Block Grant (CDBG) funding following the U.S. Department of Housing and Urban Development (HUD) requirements. She asked Council for guidance on determining the physical area of negatively impacted businesses. She provided two maps for consideration; the first map includes two full blocks on East Lewis Street (between North 2nd Avenue and South Tacoma Street) and the second map includes both sides of the overpass along East Lewis Street (Oregon Avenue to North 2nd Avenue). She noted that the CDBG funding is from its Microenterprise program and she explained the guidelines for that program. After Council discussion, the majority of Council preferred the second map for the inclusion of applicants for the Microenterprise program. Ms. Sigdel asked Council if they would prefer to have the Microenterprise applications available for affected businesses to access prior to Council receiving the Planning Commission recommendation and Council's final approval amending the CDBG funding for the Microenterprise program. Council concurred that the applications for the Microenterprise program may be made available early, as long as it does not violate any program requirements. ADJOURNMENT There being no further business, the meeting was adjourned at 8:31 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 4 of 4Page 16 of 184 AGENDA REPORT FOR: City Council April 11, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 4/15/24 FROM: Darcy Buckley, Finance Director Finance SUBJECT: Bills and Communications - Approving Claims in the Total Amount of $5,382,743.70 and Write-off Totaling $30,774.00 I. REFERENCE(S): Accounts Payable 03.28.24 to 04.10.24 Write-off (direct and bad debt)/Collection 03.14.24 to 04.10.24 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $5,382,743.70 ($3,954,416.28 in Check Nos.263003 - 263166; $66.92 in Electronic Transfer No. 845798; $7,308.73 in Check Nos. 54691 - 54696; $1,418,063.80 in Electronic Transfer Nos. 30206631 - 30206671; $1,990.35 in Electronic Transfer No. 972, $897.62 in Electronic Transfer Nos. 277 - 282). Billing, Utility including receivable write-off for approve To accounts Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the total it for over turned be that amount to and, $30,774.00 of authorize collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: There are two categories of accounts receivable write-offs: 1. Direct write-offs are small in value or, in the case of Ambulance Fund, reflect a reduction of fees related to a discount required by DSHS and Medicare. These direct write-offs are not sent to collection. 2. Write-offs referred to collection have been in arrears for a given number of days and exceed minimum values that move them out of the direct write off category. Page 17 of 184 Please see the attached summary page attached to this agenda item for details. V. DISCUSSION: Page 18 of 184 REPORTING PERIOD: April 15, 2024 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 263003 - 263166 54691 - 54696 Total Check Amount $3,954,416.28 $7,308.73 Total Checks 3,961,725.01$ Electronic Transfer Numbers 845798 30206631 - 30206671 972 277 - 282 Total EFT Amount $66.92 $1,418,063.80 $1,990.35 $897.62 Total EFTs 1,421,018.69$ Grand Total 5,382,743.70$ Councilmember B 100 721,535.40 110 38,244.09 145 706.23 150 38,387.74 160 5,683.77 165 1,149.98 166 993.73 168 2,182.78 170 876.27 180 44.08 190 108.00 194 114.16 195 241.53 196 HOTEL/ MOTEL EXCISE TAX 15,134.80 367 909,154.01 410 2,116,529.96 510 9,307.88 511 3,625.39 516 17,566.20 630 66.92 690 1,501,090.78 GRAND TOTAL ALL FUNDS:5,382,743.70$ March 28 to April 10, 2024 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Adam Lincoln, City Manager Griselda Garcia, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 15th day of April, 2024 that the merchandise or services hereinafter specified have been received and are approved for payment: MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE Councilmember A SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET ECONOMIC DEVELOPMENT STADIUM/ CONVENTION CENTER REVOLVING ABATEMENT CEMETERY ATHLETIC PROGRAMS GOLF COURSE ANIMAL CONTROL SENIOR CENTER OPERATING MULTI-MODAL FACILITY EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT BUSINESS GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/ SEWER FLEX PAYROLL CLEARING Page 19 of 184 BAD DEBT WRITE-OFF/COLLECTION March 14 to April 10, 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 Total Write-off Collection Write-off Utility Billing $ - - - Ambulance $ - - - Code Enforcement $ - 30,774.00 30,774.00 Cemetery $ - - - General $ - - - Miscellaneous $ - - - TOTAL: $ - 30,774.00 30,774.00 Page 20 of 184 Page 21 of 184 AGENDA REPORT FOR: City Council April 9, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 4/15/24 FROM: Maria Serra, Interim Director Public Works SUBJECT: Resolution No. 4441 - Change Order No. 3 Approval for PWRF Phase 2 Improvements I. REFERENCE(S): Resolution Exhibit A – Change Order No. 3 Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: City the authorizing 4441, No. approve to move I Resolution Manager to execute Change Order No. 3 with Tapani, Inc. for the Process Water Reuse Facility (PWRF) Phase 2 Winter Storage 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 Previously Approved Change Order No. 2 $250,834.55 Change Order No. 3 $264,488.90 New Contract Total $32,135,098.95 The proposed change order can be accommodated within the project budget, and is funded through a State Revolving Fund low interest loan awarded by Washington State Department of Ecology. IV. HISTORY AND FACTS BRIEF: The Ecology funding agreement WQC-2024-Pasco-00091, which was authorized through adoption of Resolution No. 4425 on March 4, 2024, Page 22 of 184 includes a change order allowance to negotiate additional construction contract changes necessary for successful completion of the project. 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. CO No. 1 was fully executed on March 13, 2024 under the authority delegated to the Public Works Director. Council approval of Resolution No. 4433 on March 18, 2024 authorized the City Manager to execute CO No. 2 with Tapani, Inc. on behalf of the City. CO No. structural substitutions material and addressed 2 construction system approved installation functional of for needed modifications fully components as well as maintaining compliance with federal funding and regulatory requirements. V. DISCUSSION: Change proposal requests (CPRs) were identified, reviewed, and packaged for approval into proposed CO No. 3. These changes address piping and facility infrastructure modifications needed to maintain fully functioning process water customer connections and tie-ins. The key changes proposed include:  Piping segments, drain connections, and appurtenances (i.e., reducers, redundant air vents, pipe anchor walls) are added to accommodate complete and functioning installation of the connections between the PWRF storage ponds and the Darigold force mains. These occurred post design when Darigold’s confirmation of force main pipe sizes and material selections became available.  A 12-inch flow meter vault has been requested by the City for the new Darigold process water force main as it had been determined after design that there are no other means to meter this flow. This includes additional electrical power to the meter vaults for electrically actuated components.  Structural modifications to the Irrigation Pump Station (IPS) are needed to provide sufficient clearance for installation of the 48-inch slide gate which will be used for the connection to the new storage ponds. The existing single-leaf roof hatch is not large enough to allow for placement of the 48-inch slide gate and frame assembly and will require removal and full installation of a replacement double-leaf roof hatch. These itemized changes will constitute a third change order to the project in the amount of $264,488.90 with an increase of ten (10) working days added to the original contract time. Page 23 of 184 This item was discussed at the April 8, 2024, Council Workshop. City Staff recommends approval of CO No. 3 in the amount of $264,488.90 for the PWRF - Phase 2 Winter Storage Pond project. Page 24 of 184 Resolution - CO No. 3 for PWRF Phase 2 - 1 RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 3 WITH TAPANI, INC. FOR THE PROCESS WATER REUSE FACILITY PHASE 2 WINTER STORAGE 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, previously approved Change Order No. 1 was under the authority provided to the Public Works Director; and WHEREAS, previously approved Change Order No. 2 was under the authority provided to the City Manager via Council adoption of Resolution No. 4433 on March 18, 2024; and WHEREAS, proposed Change Order No. 3 is issued to address enhancements of various new piping components and infrastructure to support processor connection requirements, minor drawing updates and clarifications, in addition to structural modifications to the existing Irrigation Pump Station (IPS) needed to accommodate tie-ins to new winter storage ponds; and WHEREAS, the $264,488.90 amount of Change Order No. 3 added to the cumulative sum of previously approved Change Orders, exceeds the City Manager’s authority, and thus determined to obtain Council approval; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into Change Order No. 3 with Tapani, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of Change Order No. 3 between the City of Pasco and Tapani, Inc. as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved, that the City Manager of the City of Pasco, Washington is hereby authorized, empowered, and directed to execute said Change Order No. 3 on behalf of the City of Pasco. Be It Further Resolved, that this Resolution shall take effect immediately. Page 25 of 184 Resolution - CO No. 3 for PWRF Phase 2 - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 26 of 184 3/19/2024 3/20/2024 Brandon Farmer Digitally signed by Brandon Farmer DN: C=US, E=BrandonF@Tapani.com, O=Tapani Inc., CN=Brandon Farmer Date: 2024.03.20 11:17:20-07'00'3/20/2024 Page 27 of 184 Page 28 of 184 Date:1/31/2024 Project Name:PWRF P2 Contract # Job #242001 CPR #6 Description: Minor Plan Changes Hours Rate Hours Rate Foreman 72 77.60$ 18 116.41$ HRS 7,682.87$ Pipelayer 72 67.35$ 18 101.03$ HRS 6,668.06$ Backhoe (45,000 Gw & Under) 72 75.74$ 18 113.61$ HRS 7,498.31$ Loader Operator (front-end & Overhead, 4 Yds. Incl. 8 Yds.) 72 76.09$ 18 114.14$ HRS 7,533.19$ General Laborer 72 66.68$ 18 100.01$ HRS 6,600.86$ Labor Sub Total 35,983.29$ Labor Overhead & Profit 15%5,397.49$ Sick Leave 0%-$ Labor Total 41,380.79$ Equipment # Equipment Description Units Rate Unit Total 5220174 Crew Truck 90 49.23$ HRS 4,430.70$ 1130110 Caterpillar 336F Excavator 90 163.74$ HRS 14,736.60$ 1530060 Caterpillar 938M Loader 90 78.16$ HRS 7,034.40$ Equipment Sub Total 26,201.70$ Equipment Overhead & Profit 15%3,930.26$ Equipment Total 30,131.96$ Unit Rate Quantity Unit Total 109,220.20$ 1 LSU 109,220.20$ (33,294.09)$ 1 LSU (33,294.09)$ 12,925.00$ 1 LSU 12,925.00$ 300.00$ 4 EA 1,200.00$ -$ Material Sub Total 90,051.11$ Material Overhead & Profit 15%13,507.67$ Material Total 103,558.78$ Unit Rate Quantity Unit Total 650.00$ 1 LSU 650.00$ Survey - MGS - Additional Survey 1,500.00$ 1 LSU 1,500.00$ 7,093.80$ 1 LSU 7,093.80$ 26,658.87$ 1 LSU 26,658.87$ Straight Line - Filing Fees (Estimated) 300.00$ 1 LSU 300.00$ 900.00$ 4 EA 3,600.00$ Sub Contractors Sub Total 39,802.67$ Subcontractor Overhead & Profit 15%5,970.40$ Subcontractor Total 45,773.07$ Unit Rate Quantity Unit Total 525.00$ 1 Day 525.00$ -$ Other Sub Total 525.00$ Other Overhead & Profit 15%78.75$ Stipulations Other Total 603.75$ Sub Total 221,448.34$ Accepted by: General Liability Insurance 0.0000%-$ Bond 0.0% -$ Date:Total Amount 221,448.34$ 10 This Change increases the time to complete the project by: Day(s) This proposal is based on the usual cost elements such as labor, material, and normal markups and does not include all costs for additional changes in the sequence of work, delays, disruptions, rescheduling, extended overhead, overtime (unless specified), acceleration, and/or impact costs; and the right is expressly reserved to make claim for any and all (if any) of these related items prior to final completion of this contract. Please consider this language official "notice" as defined in subcontract and/or main contract. Force Account/ Change Order Worksheet Description Please see the attached CPR document for a full detail of what is covered in this scope. Material Description Pipe - HD Fowler Pipe - HD Fowler (Meter Vault DI Material Credit) Precast - Inland Bollard - No Quote (Tapani Fabricated) LABOR EQUIPMENT Overtime Class MATERIAL OTHER Straight Time Fusion Machine + Datalogger + De-beader Rental Name/Description Unit Total Straight Lline - Core Manholes SUBCONTRACTORS Subcontractor Description Survey - MGS - Update CAD Files Structural - Tapani Structures (Includes Meter Box Coating from CIC) Electrical - Silverline Corporate Office PO Box 1900 Battle Ground, WA 98604 360.687.1148 Page 29 of 184 Bid No: Q539440 Page 1 of 2 Quote #:Q539440 Bid Date:1/12/2024 Line Qty UoM Description Unit Price Extended Price CARV CHANGES 2 4 EA 4" X 12" BRASS NIPPLE 177.97 711.88 3 4 EA 4" BRASS TEE 196.55 786.20 4 24 EA 4" X 4" BRASS NIPPLE SCH40 66.67 1,600.08 5 8 EA 4" BRASS ELBOW 90 DEGREE 144.15 1,153.20 6 8 EA 4" BRASS BALL VALVE THREADED NO-LEAD 359.89 2,879.12 7 4 EA 4" COMBINATION/UNIVERSAL SEWAGE AIR RELEASE Valve, Crispin Model US40-US, 4" NPT Inlet & Outlet, 3/16" AVO, Cast Iron Body, Stainless Steel Trim, Buna-N Seating, Steel Bolting, Lined and Coated with 8 +/-4 mils DFT of Two Part Liquid Epoxy, 20-150 PSI Working Pressure 2,650.00 10,600.00 8 80 FT 12" SCH 40 IPS SOLVENT WELD PVC PIPE 20' LENGTH 22.47 1,797.60 9 12 EA 12" SCH 40 PVC 90 ELBOW SXS 867.61 10,411.32 1 SHEET C305,C307,C309,C310 CHANGES CARV CHANGES Subtotal 29,939.40 HDPE REDUCERS 10 C316 CHANGES 11 2 EA 12" X 10" REDUCER HDPE DR11 X DR13.5 122.03 244.06 HDPE REDUCERS Subtotal 244.06 FLOW METER VAULT CHANGES 12 C318, C325 CHANGES 13 3 EA 12" X 3' LONG SS SPOOLS DOMESTIC 10,000.00 30,000.00 14 3 EA 12" DJ400-12 DISMANTLING JOINT CLASS D FLANGE, EPOXY COAT, STD B&N, AIS DOMESTIC 4,000.00 12,000.00 15 1 SEE ATTACHED EMAIL FOR QUNAITYS OF MATERIAL DELETED FLOW METER VAULT CHANGES Subtotal 42,000.00 FLOW METER VAULT ADDED 16 C319,C324 CHANGES 17 1 EA 12" X 3' LONG SS SPOOLS DOMESTIC 10,000.00 10,000.00 18 1 EA 12" DJ400-12 DISMANTLING JOINT CLASS D FLANGE, EPOXY COAT, STD B&N, AIS DOMESTIC 4,000.00 4,000.00 19 1 EA 12" 800 SERIES FLANGED PLUG VALVE WITH AUMA ELECTRIC ACTUATOR (480VAC/3-PH/60HZ) FOR OPEN/CLOSE SERVICE, MODEL #KG12845, AIS COMPLIANT 11,500.00 11,500.00 Estimator:Aidan Keser Job Name:PWRF CHANGE REQUEST 6 Location:PASCO, WA Customer:TAPANI UNDERGROUND INC See additional Pages for deduct and restock fee. Page 30 of 184 Bid No: Q539440 Page 2 of 2 20 1 EA STARTUP AND TRAINING 4,000.00 4,000.00 21 2 EA 12" SDR 11 FLANGE ADAPTER IPS HDPE MOLDED BUTT FUSION 113.69 227.38 22 2 EA 12" SK-35-P CF-3M (T-316-L) CASTING BACKING FLANGE 2,093.98 4,187.96 23 6 EA 12" CORTEN BOLT & NUT KIT FLOUROPOLYMER COATED, HDPE FLG X DI FLG 12 EA 7/8" X 5-1/2", DOMESTIC 120.00 720.00 24 6 EA 12" 1/8" FULL FACE GASKET, NEOPRENE, 150#10.48 62.88 25 2 EA 12" ADJ SADDLE SUPPORT ZINC PLATED SIZE FOR DIP #S92 STANDON 200.00 400.00 26 2 EA 2" X 24" SCH 40 GALVANIZED NIPPLE DOMESTIC A53 ERW 90.97 181.94 27 1 EA 1" X CLOSE SCH 40 GALVANIZED NIPPLE DOMESTIC A53 ERW 4.61 4.61 28 1 EA 1" DIELECTRIC UNION BRASS X GALV STEEL LEAD FREE 9876 WATTS 79.85 79.85 29 1 EA 1" X 1/4" SCH 40 GALVANIZED BUSHING DOMESTIC 11.57 11.57 30 3 EA 1/4" X 3" SCH 40 BRASS NIPPLE IMPORT 2.06 6.18 31 1 EA 1/4" BRASS BALL VALVE THREADED 9.05 9.05 32 1 EA 1/4" BRASS TEE IMPORT 4.11 4.11 33 13 EA LINK-SEAL LS-475-S EPDM & 316SS FASTENERS 25.57 332.41 FLOW METER VAULT ADDED Subtotal 35,727.94 CHANGES 34 C342,C348,C349,C358 CHANGES 35 4 EA 8" X 2" HDPE DR7 TEE 450.00 1,800.00 36 8 EA 2" SDR 11 FLANGE ADAPTER IPS HDPE MOLDED BUTT FUSION 9.68 77.44 37 8 EA 2" SS BACKING RING 316 142.00 1,136.00 38 1 EA 2" MILLIKEN PLUG VALVE, 125# FLANGED, DI Body, Epoxy Seat, Buna Plug, 316 SS Bearings, PTFE Grit Seals, 8 Mils Epoxy Coating, Lever Operated. 611AE1L 350.00 350.00 39 200 FT 2" SDR 11 IPS HDPE PIPE 100' COIL 3.50 700.00 CHANGES Subtotal 4,063.44 CHANGES 40 C346,C347 CHANGES 41 2 EA 8" 45 ELBOW IPS HDPE MOLDED BUTT FUSION, 335 PSI DESIGN PRESSURE 200.00 400.00 42 1 EA 8" X 2" HDPE DR7 TEE 43 2 EA 2" SDR 11 FLANGE ADAPTER IPS HDPE MOLDED BUTT FUSION 9.68 19.36 44 2 EA 2" SS BACKING RING 316 142.00 284.00 45 1 EA 2" MILLIKEN PLUG VALVE, 125# FLANGED, DI Body, Epoxy Seat, Buna Plug, 316 SS Bearings, PTFE Grit Seals, 8 Mils Epoxy Coating, Lever Operated. 611AE1L 350.00 350.00 46 100 FT 2" SDR 11 IPS HDPE PIPE 100' COIL 1.92 192.00 47 1 PLEASE SEE EMAIL FOR DELETED ITEMS CHANGES Subtotal 1,245.36 Approximate Grand Total 113,220.20 -4,000.00 $109,220.20 Confirmed with Fowler on 2/5/2024 that we can take this off if all the plug valves can go through startup and testing at the same time and Tapani said they can. Remove $4,000 Item. Page 31 of 184 Additional 15% restock fee for these two items per additional email 2 pages down. -$13,635.90 / 1.15 = -$11,857.30 -$8,643.96 / 1.15 = -$7,516.49 Last Item No Fee = -$13,920.30 Total = -$33,294.09 Page 32 of 184 Page 33 of 184 To: Tapani INC. ATTN: Brandon Farmer PROJECT LOCATION: Pasco, WA. Date: 1/31/2024 BID ITEM#Total L.F. EACH BY: Seth Holan 1/31/24 $12,925.00 TOTAL: Clarifications/Pricing: Pricing is based on plans labeled City of Pasco - PWRF Phase 2: Winter Storage. Pricing is based on contractor and INW Precast coming to a mutual aggreable delivery and build schedule. Product to be delivered to "lay-down" area, off-load by contractor. Truck time will be charged @ $165.00 an hour per truck after 1st intial hour on-site. Clear access is required for delivery without any interuptions from other trades or work. Please see WSDOT Spec. 1-09.3.OPT1.FR1 for fuel surcharge calculation that will be implemented by INW Precast. Proper sub-grade preparation is critical to the performance of the precast structures. Sales Tax not included. Inland Northwest Precast is a NPCA approved Plant. Escalation: Pricing good through 2024 construction season at which time there will be a 5% escalation charge added to "each" price for each subsequent year structures are needed. (509) 226-5050 **VETERAN OWNED** SUBJECT TO ADDITIONAL CHARGES. PRICE SUBJECT TO CHANGE ACCORDINGLY IF THERE ARE REVISIONS ITEM DESCRIPTION TOTAL *ABOVE QUOTE IS GOOD FOR 30 DAYS. SALES TAX NOT INCLUDED. ALL QUOTES ARE FOB JOB SITE. OFF-LOAD BY CONTRACTOR. PRICES ABOVE ARE TRUCKLOAD QUANTITIES ONLY. PARTIAL LOADS ARE 5' x 11' x 7'8" Tall Meter Vault as depicted on sheet C- 366, detail 2. Includes 33" x 66" H-20 rated Aluminum Hatch. 1 $12,925.00 $12,925.00 **SMALL BUSINESS**Inland Northwest Precast 5516 North Starr Rd PO Box 610 Newman Lake, WA 99025 PROJECT: City of Pasco - PWRF Phase 2 - Winter Storage - Additional Vault Page 34 of 184 809 S Auburn St. Kennewick, Washington 99336 (509) 491-1071 January 12, 2024 RE: CPR 06 PWRF Phase 2 Review changes, updated cad files, base drawing, add new points to files. $650.00 Sincerely, Kevin Bethje P.L.S. Tapani also plugged in an additional $1500 ROM to survey the additional scope as needed. Page 35 of 184 Silverline Electric LLC 4121 W Clearwater Ave Kennewick, WA 99336 Estimate 23191656 Estimate Date 1/16/2024 Billing Address Tapani Inc. 1904 Southeast 6th Place # PO Box 1900 Battle Ground, WA 98604 USA Job Address PWRF - Process Water Reuse Facility 957 East Foster Wells Road Pasco, WA 99301 USA Description of work Electrical and controls wiring for changes listed in CPR-06 Task #Description Quantity Your Price Total E- 102 Rough In Labor 16.00 $136.85 $2,189.60 E-100 Material handling / Project Management 5.00 $133.98 $669.90 E-120 Rough in material 1.00 $402.50 $402.50 E-125 Added analog output card to PLC 1.00 $3,831.80 $3,831.80 Sub-Total $7,093.80 Tax $0.00 Total Due $7,093.80 Deposit/Downpayment $0.00 Thank you for choosing Silverline Electric! I have the authority to order the above work and do so order as outlined above. It is agreed that the seller will retain title to any equipment or material furnished until final and complete payment is made, and if settlement is not made as agreed, the seller shall have the right to remove same and the seller will be held harmless for any damages resulting from the removal thereof. In the event of non-payment of any amounts due, the undersigned agrees to pay reasonable interest on all delinquent monies owed and in the event of collection agrees to pay all costs of collection including attorney fees. The Service Provider is not responsible for any cosmetic, equipment or structural damage resulting from the repair or diagnosis of the problem. Page 36 of 184 Date:1/25/2024 Project Name:PWRF P2 Winter Storage Contract #242001.01 Job #242001.01 C.O. #6 Description: Short Description Hours Rate Hours Rate General Carpenter (Foreman)8" HDPE - Concrete Anchor Wall 45 78.55$ 117.83$ HRS 3,534.94$ General Carpenter 8" HDPE - Concrete Anchor Wall 45 77.32$ 115.99$ HRS 3,479.58$ Labor Sub Total 7,014.52$ Labor Overhead & Profit 0%-$ Labor Total 7,014.52$ Equipment #Equipment Description Units Rate Unit Total 5220174 Crew Truck 45 49.23$ HRS 2,215.35$ Equipment Sub Total 2,215.35$ Equipment Overhead & Profit 0%-$ Equipment Total 2,215.35$ Unit Rate Quantity Unit Total 7,605.00$ 1 7,605.00$ -$ -$ -$ -$ Material Sub Total 7,605.00$ Material Overhead & Profit 0%-$ Material Total 7,605.00$ Unit Rate Quantity Unit Total 9,824.00$ 1 9,824.00$ -$ -$ -$ Sub Contractors Sub Total 9,824.00$ Subcontractor Overhead & Profit 0%-$ Subcontractor Total 9,824.00$ Unit Rate Quantity Unit Total -$ -$ -$ -$ Other Sub Total -$ Other Overhead & Profit 15%-$ Stipulations Other Total -$ Sub Total 26,658.87$ Accepted by:-$ -$ Date:Total Amount 26,658.87$ This Change increases the time to complete the project by: Day(s) This proposal is based on the usual cost elements such as labor, material, and normal markups and does not include all costs for additional changes in the sequence of work, delays, disruptions, rescheduling, extended overhead, overtime (unless specified), acceleration, and/or impact costs; and the right is expressly reserved to make claim for any and all (if any) of these related items prior to final completion of this contract. Please consider this language official "notice" as defined in subcontract and/or main contract. OTHER Description N/A MATERIAL Material Description Misc. Formwork, Rebar, Concrete SUBCONTRACTORS Subcontractor Description CIC - Vault Meter Box Coating Total EQUIPMENT Class Name/Description Straight Time Overtime Unit Force Account/ Change Order Worksheet Plan Change - RH2 requestd (1) additional concrete anchor wall for 8" HDPE sewer washdown line. Along with (2) additonal concrete anchor walls located on 12" HDPE FM line & coating of one Vault Meter Box. LABOR Corporate Office PO Box 1900 Battle Ground, WA 98604 360.687.1148 See next sheet for CIC quote.Page 37 of 184 Page 38 of 184 Page 39 of 184 Page 40 of 184 Page 41 of 184 Page 42 of 184 Page 43 of 184 Page 44 of 184 Page 45 of 184 Change Order No. 3 Approval - PWRF Phase 2 Improvements Pa g e 4 6 o f 1 8 4 PWRF Phase 2 Project Overview Approximately 40% complete as of March 2024. Earthwork activities mostly complete with over 1 million cubic yards of spoils removed from Phase 2 site. Milestone for Darigold 106 MG lagoon completion scheduled August 2024. 103MG and 120MG lagoons anticipated completion by February 2025. Pa g e 4 7 o f 1 8 4 Construction Costs CostContract $31,588,247Construction Contract w/Tapani $31,529Change Order No. 1 (PW Director) $250,835Change Order No. 2 (Res. No. 4433) $264,489Change Order No. 3 (Proposed)* $32,135,096Total Project Cost *No impact to total project budget and fully funded through Ecology Construction Loan Pa g e 4 8 o f 1 8 4 PWRF Improvements Phase 3 PWRF Phase 2 Project Update Future 103MG,106MG,120MG Lagoons Existing 35MG Lagoon Existing 8MG Lagoon Existing 123MG Lagoon Pa g e 4 9 o f 1 8 4 PWRF Improvements Phase 3 PWRF Phase 2 Project Update 8-inch COW Water Force Main Installation 120MG Lagoon Outlet Wall Concrete Placement Pa g e 5 0 o f 1 8 4 Proposed Change Order N0. 3 oVarious design changes to allow for complete operation of system connections to Darigold COW water infrastructure. Size and material information not available during design phase and is being addressed during construction. (Add of $221k) oStructural modifications to the existing Irrigation Pump Station (IPS) required to provide sufficient clearance for approved new 48-inch slide gate frame installation. (Add of $23k) oTotal changes including proposed Change Order No. 3 represents 1.73% of the original contract. Pa g e 5 1 o f 1 8 4 Questions? Pa g e 5 2 o f 1 8 4 AGENDA REPORT FOR: City Council April 9, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 4/15/24 FROM: Maria Serra, Interim Director Public Works SUBJECT: Resolution No. 4442 - Change Order No. 5 for I-182/Broadmoor Blvd Interchange Project I. REFERENCE(S): Resolution Exhibit A – Change Order No. 5 Power Point Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION:City the authorizing 4442, No. I approve to move Resolution Manager to execute Change Order No. 5 with Nelson Construction Corp. for the I-182 & Broadmoor Blvd. Interchange Project. III. FISCAL IMPACT: Awarded Construction Contract Amount $6,691,534.74 Change Order No. 1-4 $273,958.09 Change Order No. 5 $99,691.70 New Contract Total $7,065,184.53 IV. HISTORY AND FACTS BRIEF: The existing freeway interchange (I/C) at Broadmoor Blvd. (Rd. 100) and I-182 serves as the area's primary access point for a large segment of the City's population in the westerly portion of the City of Pasco (City). As development has have I/C the on demands existing past the over occurred decade, increased proportionately. The cumulative effects of increased commercial development to the south of the interstate; office and commercial uses along Sandifur 100; Blvd.; residential development east of Broadmoor/Rd. and development of Burns Rd. between Rd. 68 and Broadmoor Blvd. have all served to fully utilize the existing I/C. During afternoon peak hours, it is not Page 53 of 184 uncommon for traffic to back up down the eastbound I-182 off-ramp and into the interstate's mainline. the both in identified I/C was to improvements for need The the Comprehensive Land Use Plan, and the Transportation System Master Plan, and Six Transportation Year City’s the included reasons these for in Improvement Plan. Several improvements to the I/C were identified in collaboration with the Washington State Department of Transportation (WSDOT), Federal Highway Administration (FHA), the City, and the local development community, and on June 30, 2023, Council approved Resolution No. 4363 which awarded the construction contract to Nelson Construction Corp., for the I-182 & Broadmoor Blvd. The the include improvements Project. contract’s Interchange I/C construction of an additional eastbound deceleration lane on I-182, a new looped-off ramp for northbound Broadmoor Blvd traffic, and a roundabout to replace the existing signal at the eastbound on/off ramps and Broadmoor Blvd intersection. Since the project’s initiation, several change orders have been identified, reviewed, and approved under the authority delegated to the Public Works Director. Previously approved Change Orders (CO) No. 1 – No. 4 include the addition of beam guardrail and terminals; temporary concrete barrier and impact attenuators; relocation of fiber optic lines and vaults; and the anchoring of concrete barrier along I-182 corridor. The cost of CO No. 5 in the amount of $99,961.70 exceeds the Public Works Director's delegated approval authority. This CO addresses the addition of miscellaneous items to the contract’s Cement Concrete Pavement pay item. Per WSDOT’s standard details, cement concrete pavement is to include dowel bar baskets, steel rebar, and other miscellaneous items as part of the pay item. Unfortunately, these items were never specified as being incidental to the contract and the individual items were never listed in the bid document’s schedule of values. V. DISCUSSION: This item was discussed at the April 8, 2024, Council Workshop. City Staff recommends approval of CO No. 5 in the amount of $99,961.70 for the I-182 & Broadmoor Blvd. Interchange Project. Page 54 of 184 Resolution – I-182 – Broadmoor Blvd. Interchange CO 5- 1 RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 5 WITH NELSON CONSTRUCTION CORP. FOR THE I-182 & BROADMOOR BLVD. INTERCHANGE PROJECT. WHEREAS, the City of Pasco (City) and Nelson Construction Corp. entered into a Construction Contract on June 30, 2023, for construction of the I-182 & Broadmoor Blvd. Interchange Project; and WHEREAS, I-182 & Broadmoor Blvd. Interchange Project addressed the need for a deceleration lane on Eastbound I-182 offramp, a new loop ramp connecting to Northbound Broadmoor Boulevard, a roundabout at the Eastbound terminal of Broadmoor Boulevard, active transportation improvements, and other work; and WHEREAS, previously approved Change Orders No. 1 – No. 4 were under the authority provided to the Public Works Director and City Manager; and WHEREAS, proposed Change Order No. 5 addresses items that were intended to be incidental to the contract’s Cement Concrete Pavement pay item, however items were not included in the contract’s Special Provisions, nor were the items listed on the BID PROPOSAL’S SCHEDULE OF PRICES; and WHEREAS, the $99,691.70 amount of Change Order No. 5 added to the cumulative sum of the previously approved Change Orders, exceeds 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 to enter into Change Order No. 5 with Nelson Construction Corp. 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. 5 between the City of Pasco and Nelson Construction Corp. as attached hereto and incorporated in 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. 5 on behalf of the City of Pasco. Be It Further Resolved, that this Resolution shall take effect immediately. Page 55 of 184 Resolution – I-182 – Broadmoor Blvd. Interchange CO 5- 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 56 of 184 Page 57 of 184 Pa g e 5 8 o f 1 8 4 Pa g e 5 9 o f 1 8 4 Pa g e 6 0 o f 1 8 4 Pa g e 6 1 o f 1 8 4 Pa g e 6 2 o f 1 8 4 Change Order No. 5 Approval – Cement Concrete Pavement Steel Reinforcing Pa g e 6 3 o f 1 8 4 I-182 & Broadmoor Blvd. Interchange Overview Approximately 30% complete as of March 2024. Loop Ramp Excavation is complete with Cement Concrete Pavement along I- 182 scheduled to be installed in April 2024. Project is currently scheduled for completion November 2024. Summary of Project Construction Costs o Construction Contract Award w/Nelson Construction, Corp. (June 2023) = $6,691,534.74 o Change Order No. 1 – No.4 (Public Works Director Approval) = $273,958.09 o Proposed Change Order No. 5 (Council Approval) = $99,691.70 o New Total (All Changes) = $7,065,184.53 Pa g e 6 4 o f 1 8 4 PWRF Improvements Phase 3 I-182 & Broadmoor Blvd. Interchange Project HMA Asphalt Pavement installation along the I-182 corridor completed in March 2024. Pa g e 6 5 o f 1 8 4 PWRF Improvements Phase 3 I-182 & Broadmoor Blvd. Interchange Project Steel reinforcing used in Cement Concrete Paving Pa g e 6 6 o f 1 8 4 Proposed Change Order N0. 5 The following steel reinforcement items were not listed as part of the contract’s Cement Concrete Pavement unit bid item. oDowel Bar Baskets oTie Bar Baskets oTie Bars oLongitudinal Joint Sealer All these items are required for the Cement Concrete Pavement scheduled to be installed along the I-182 corridor. Pa g e 6 7 o f 1 8 4 Questions? Pa g e 6 8 o f 1 8 4 AGENDA REPORT FOR: City Council April 10, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 4/15/24 FROM: Adam Lincoln, City Manager City Manager SUBJECT: 2024 Washington State Legislative Session Update (10 minutes) I. REFERENCE(S): EOS Report PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presented by Briahna Murray, Vice President and Holly Sanabria, State Lobbyist from Gordon Thomas Honeywell Governmental Affairs III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The Washington State Legislature meets in legislative sessions on a biennial cycle and in the first session, the primary responsibility of the Legislature is to pass a budget. Commonly referred to as the "long session", on odd numbered years, the session typically lasts 105 days. The session that just concluded, on March the where cycle, two-year the of 7, second the was 2024, year legislature is tasked with implementing supplemental budgets during a shorter 60-day session. The City contracts with Gordon Thomas Honeywell Governmental Affairs (GTHGA) to assist in promoting the Council's legislative priorities to the Washington State Legislature. For the 2024 session, GTHGA assisted the City in developing a comprehensive legislative agenda and furthering that agenda in Olympia through an on-the-ground presence during session. Page 69 of 184 V. DISCUSSION: Ms. Murray and Ms. Sanabria will present Council with a wrap up of session and discussion of issues on the horizon. Page 70 of 184 GTH-GOV 1 City of Pasco 2024 State Legislative Report April 10, 2024 Overview of the 2024 Legislative Session The Washington State Legislature convened the 2024 Legislative Session for 60 days, starting January 8th and concluding March 7th. Democrats held strong majorities in both the House of Representatives, 58 to 40, and the State Senate, 29 to 20. Leading up to beginning of the session, Democrats in the House of Representatives and Senate outlined their priorities for the 2024 session – investing in behavioral health, responding to climate change, increasing gun control, continuing housing efforts from 2023, and improving special education. As the session progressed, the realities of session lasting a mere 60 days and being immediately followed by a challenging November 2024 election cycle quelled ambitions. Democrats have had control over the Governor’s Office and both chambers of the Legislature for several years and have adopted many policies that Republicans have objected to. In response, in 2023, conservative Republicans mobilized to collect the necessary signatures to file a historic number of initiatives to the Legislature - six. Each of the six initiatives push back on policies advanced by the Democrats in recent years including repealing the Climate Commitment Act, repealing the Capital Gains Tax, allowing taxpayers to opt-in to the payroll tax that funds the Long Term Care Act, increasing parental rights and access to K-12 curriculum and student records, prohibiting the state or local governments from enacting an income tax, and allowing police officers to engage in vehicular pursuits on more occasions. For each initiative, the Legislature could choose whether to 1) adopt the initiative; 2) adopt an alternative to appear on the November ballot alongside the initiative; or 3) take no action and allow the initiative to advance to the November ballot for voter consideration. Initiatives adopted by the Legislature can be amended by future legislatures with a simple majority vote. Initiatives approved by voters at the ballot can only be amended with a 2/3 vote of the Legislature for two years after approval. The Legislature chose to adopt three of the initiatives as part of an overarching strategy to increase the odds that voters will reject the remaining three initiatives. The Legislature adopted the following three initiatives: • I-2111 (prohibiting income tax) • I-2081 (parental rights) • I-2113 (vehicular pursuits) Page 71 of 184 GTH-GOV 2 The Legislature did not take action on the following three initiatives, and they will appear on the November ballot: • I-2117 (repealing the Climate Commitment Act) • I-2109 (repealing the capital gains tax) • I-2124 (opt out of Washington’s long-term care retirement program) As the second year of the two-year legislative biennium, 1,105 bills introduced during the 2023 session that were not passed into law were carried over for consideration during the 2024 session. In addition to those bills that carried over, an additional 1,560 bills were introduced. Of these, the Legislature passed 376 bills into law. A session can sometimes be defined by what did not pass; this year, several significant policies did not get across the finish line including capping rent rates, lowering the blood-alcohol-content for drunk driving, increasing the real estate excise tax to fund housing, increasing the 1% cap on property tax levies to 3%, and more. In addition to considering the Initiatives to the Legislature and proposed legislation, the Legislature adopted supplemental budgets, making changes to the 2023-25 biennial budgets adopted during the 2023 Legislative Session. See the budget summary section for more information on the adopted budgets. One of the major challenges facing the Legislature was the Climate Commitment Act, or Washington State cap-and-trade system for carbon emissions. The Legislature approved the Act in 2022, and the first auctions under the program started in 2023 generating significantly more revenue than was forecasted. This excess in revenue was countered with Initiative-2117, proposing to repeal the Act. Legislators balanced this by allocating Climate Commitment Act funds to several projects and programs but making those appropriations contingent on voters rejecting Initiative-2117. Following the conclusion of the 2024 Legislative Session, legislators will transition to focusing on the November 2024 elections. All members of the House of Representatives and roughly half the members of the State Senate will face re-election. The end of the 2024 session brought about several announcements of legislators that do not plan to seek re-election: • Senator Sam Hunt (D-Olympia) has served in the Legislature since 2000; Rep. Jessica Bateman has announced that she will run for the Senate seat, creating an open House seat. • Senator Andy Billig (D-Spokane) has served in the Legislature since 2010; Rep. Marcus Riccelli has announced that he will run for the Senate seat, creating an open House seat. • Senator Karen Keiser (D-SeaTac) has served in the Legislature since 1995. • Senator Lynda Wilson (R-Vancouver) has served in the Legislature since 2015; Rep. Paul Harris has announced that he will run for the Senate seat, creating an open House seat. • Representative JT Wilcox (R-Yelm) has served in the Legislature since 2011. • Representative Joel Kretz (R-Wauconda) has served in the Legislature since 2005. • Representative Spencer Hutchins (R-Gig Harbor) has served in the Legislature since 2023. • Representative and former Speaker of the House Frank Chopp (D-Seattle) has served in the Legislature since 1994. Page 72 of 184 GTH-GOV 3 There are also several legislators who have announced they plan to run for higher office, and as a result will not be seeking re-election to their positions: • Senator Mark Mullet (D-Issaquah) is running for Governor. Rep. Bill Ramos plans to run for the position, leaving an open House seat. • Senator Kevin Van De Wege (D-Sequim) is running for Commissioner for Public Lands. Rep. Mike Chapman (D-Port Angeles) plans to run for the position, leaving an open House seat. • Representative Jacquelin Maycumber (R-Republic) is running for the 5th Congressional Seat. • Representative Kelly Chambers (R-Puyallup) is running for Pierce County Executive. Still yet, there are legislators who are running for a statewide position but if they are unsuccessful in winning those races will be able to return to the Senate to continue out the remainder of their term (two more years). If they are successful, an appointment process will occur after the November 2024 elections to fill their seats prior to the January 2025 Legislative Session. • Senator Manka Dhingra (D-Redmond) is running for Attorney General. • Senator Patty Kuderer (D-Bellevue) is running for the Office of Insurance Commissioner. • Senator Emily Randall (D-Bremerton) is running for the 6th Congressional Seat. • Senator Drew MacEwen (R-Shelton) is running for the 6th Congressional Seat. • Senator Rebecca Saldana (D-Seattle) is running for Commissioner for Public Lands. Look toward filing week, May 6-10 for more news about who is choosing to file for state legislative offices. Filing week will be followed by the August 6th primary election, and the November 5th general election. Between legislative retirements and re-election efforts, the Legislature will see yet another re- arranging of the deck chairs prior to the 2025 session. Following the November 5th general election, the Legislature will make new chair and committee assignments for the 2025-27 biennium. Budget Highlights The Legislature adopted 2024 supplemental budgets, which make mid-biennial budget adjustments to the 2023-35 budgets that were adopted in April 2023. Operating Budget: The 2024 Supplemental Operating Budget (click here, labeled “As Passed Legislature”) spends $1.1 billion to maintain existing programs, and an additional $1 billion to fund new policy expenditures. The existing programs with the largest increase in cost include Medicaid medical assistance, the Food Assistance Program, K-12 enrollment, and compliance with the Trueblood case judgment. The largest new policy expenditures occurred in education and behavioral health. Capital Budget: The 2024 Supplemental Capital Budget (click here, labeled “As Passed Legislature”) allocates $1.3 billion in total funds, with $130.6 million from debt limit bonds and $1.2 billion from other resources including $688.4 million in Climate Commitment Act accounts and $307.5 million from the Common School Construction Fund. Several of the appropriations Page 73 of 184 GTH-GOV 4 are contingent on voters rejecting I-2117. The budget also does not appropriate revenue generated from the capital gains tax beyond November 2024. Transportation Budget: The 2024 Supplemental Transportation Budget (click here, labeled “As Passed Legislature”) spends a total of $14.6 billion, including $340 million from Climate Commitment Accounts, which are contingent on voters rejecting I-2117. Funds were predominantly spent on projects already scheduled to receive funding during the 2023-25 biennium. This spending reflects a 0.8 percent decrease in traditional transportation revenues from what was originally forecasted for 2023-25. Pasco’s Legislative Priorities Effective Dates Unless otherwise noted, bills approved by the Legislature are effective 90 days from the adjournment of the legislative session. For 2024, that would make most bills effective June 6, 2024. Regional Emergency Communication The City of Richland requested funding for a $4 million capital project to replace the joint City- County aging emergency management communications system. The project received $235,000 in the final Supplemental Capital Budget. The city indicated support for this project throughout the session. Public Safety & Behavioral Health Public Safety The Legislature continues to grapple with how best to balance police accountability with public safety. Within the Democrat caucus, some legislators want to advance more police accountability and reform measures while others would prefer to modify previously enacted reforms and invest in hiring more law enforcement personnel. This divide was pronounced during the 2023 session but became more entrenched during the 2024 session with the emergence of a bi-partisan, bi-cameral public safety caucus led by moderate Democrats. With the tension between these factions, only modest public safety proposals passed into law this session. First Responder Wellness: HB 2311, sponsored by Representative Lauren Davis (D-32nd LD), requires the Criminal Justice Training Commission (CJTC) to create a task force on first responder wellness and develop a 40-hour training program and peer support network. The CJTC will establish and administer a grant program for funding the implementation of peer support counseling programs within the state. The bill also amends statutory provisions to allow testimonial privilege during peer support group meetings. The 2024 Supplemental Operating Budget allocates $1.38 million to implement this bill (page 434). Flexibility for Hiring Law Enforcement Officers: Senate Bill 6157, sponsored by Senator John Lovick (D-44th LD), allows Deferred Action for Childhood Arrivals (DACA) residents to apply for civil service and law enforcement positions. Agencies who hire DACA recipients are protected from liability for breach of contract if there is a change in federal law related to DACA recipients. House Bill 1530, sponsored by Representative Julio Cortes (D-38th LD), allows law enforcement agencies to hire lawful permanent residents. Page 74 of 184 GTH-GOV 5 Senate Bill 5424, sponsored by Senator John Lovick (D-44th LD), allows law enforcement officers to work part-time hours. The 2024 Supplemental Operating Budget allocates $99,000 to the Department of Retirement Systems for the implementation of Senate Bill 5424 (page 185 of the Supplemental Operating Budget). Basic Law Enforcement Academy Donations: Senate Bill 6301, sponsored by Senator John Lovick (D-44th LD), allows the Criminal Justice Training Commission (CJTC) to accept donated money or properties for the purpose of carrying out CJTC’s statutory purposes. Initiative 2113 (Vehicular Pursuits): Initiatives to the Legislature are proposed changes to state law sponsored by the people of Washington. House Bill 1054 from the 2021 session established a statewide standard for when police officers can engage in vehicular pursuits which included what factors must be considered when determining to engage in a pursuit and banning firing a weapon upon a moving vehicle unless necessary to prevent imminent threat. Senate Bill 5352 from the 2023 session made further changes to the statute, expanding the list of eligible reasons to engage in a pursuit under the reasonable suspicion evidentiary threshold, direction as to when to end the pursuit and a requirement that the pursuing officer must have completed emergency vehicle operators’ course. Initiative-2113 allows an officer to engage in a vehicular pursuit if they have reasonable suspicion to believe the driver has violated the law. The initiative makes no other changes to the vehicular pursuits law. Vehicular Pursuit Data Collection: $400,000 is allocated to the Office of Financial Management to contract with a consultant to collect, review, and analyze data related to vehicular pursuits and to compile a report. The report must include recommendations to the Legislature on what data should be collected by law enforcement agencies throughout the state so that the Legislature and other policymakers have consistent and uniform information necessary to evaluate policies on pursuits. The report is due June 30, 2025. (page 178 of the 2024 Supplemental Operating Budget). With passage of the initiative, the Legislature did not move forward House Bill 2390, sponsored by Representative Clyde Shavers (D-10th LD), which would have created a new crime for attempting to elude a police vehicle. Multijurisdictional Drug Task Forces: $50,000 is appropriated (page 94) to coordinate three roundtables to review policies, regulations, and fiscal investments regarding multijurisdictional drug task forces. Report due June 30, 2025. Catalytic Converters: House Bill 2153, sponsored by Representative Cindy Ryu (D-32nd LD), deters the theft of catalytic converters by establishing new felony and gross misdemeanor crimes for trafficking, processing, selling, or offering to sell stolen catalytic converters. To determine if selling a catalytic converter is stolen or not, VIN numbers can be written on catalytic converters before a legal sale if the buyer requests it. Only licensed scrap processors are allowed to disassemble or de-can a catalytic converter. The Washington State Patrol is required to conduct periodic inspections of licensed purchases of catalytic converters that have been removed from vehicles. The 2024 Supplemental Transportation Budget allocates $46,000 (page 37) to the Washington State Patrol for the implementation of the bill. Page 75 of 184 GTH-GOV 6 School Bus Trespassing: Prompted by an incident that occurred in the City of Pasco, the Legislature approved Senate Bill 5891, sponsored by Senator Matt Boehnke (R-8th LD), creating the crime of school bus trespassing for any person who knowingly or maliciously enters or remains on a school bus, does any other act to create substantial risk or harm to passengers or the drive, and causes a substantial interruption or impairment to services rendered by the school bus. The bill applies to public, private, religious school buses, and privately contracted vehicles with the school. School bus trespass is classified as a gross misdemeanor. A placard is required to be placed on the bus stating the crime of school bus trespass. Additionally, the crime doesn’t apply to law enforcement, individuals with written permission, emergency situations, and students enrolled in the school being serviced by the bus or contracted vehicle. The law will be known as the Richard Lenhart act. The 2024 Supplemental Operating Budget allocates $2,000 to implement this bill (page 499). Hog-tying Prohibition: Senate Bill 6009, sponsored by Senator Yasmin Trudeau (D-27th LD), prohibits law enforcement officers from hog-tying an individual and makes hog-tying a form of excessive force. It also defines the term hog-tying to mean fastening together bound or restrained ankles to bound or restrained wrists. The use of a product or device that does not require fastening together bound or restrained ankles to bound or restrained wrists is not a hog-tie or hog-tying. Extreme Weather Events: House Bill 1012, sponsored by Representative Mari Leavitt (D-28th LD), provides resources for local governments to provide services during extreme weather events. The Military Department can also purchase temporary shelters to loan out to political subdivisions when assisting with extreme weather events. The 2024 Supplemental Operating Budget allocates $1.5 million for the implementation of this bill (page 207). Criminal Justice Treatment Account: HB 1983, sponsored by Representative Tarra Simmons (D-23rd LD), removes the current sunset provision (end of 2025) that was put in place for the criminal justice treatment account for drug court programs 180 days following graduation. Destroying Forfeited firearms: House Bill 2021, sponsored by Representative Tana Senn (D-41st LD), allows the Washington State Patrol to destroy forfeited firearms. Local governments and law enforcement agencies can also trade or auction off antique firearms to museums or historical societies. The bill also creates requirements for the disposition of firearms obtained through buy-back programs. Electric Vehicle Fires: Senate Bill 5812, sponsored by Senator Jeff Wilson (R-19th LD), directs the Washington State Patrol to work with the Department of Ecology to conduct a study on electric vehicle fires. The 2024 Supplemental Operating Budget allocates $76,000 (page 594), and $89,000 (page 655) for the implementation of this bill. Hate Crime Hotline: Senate Bill 5427, sponsored by Senator Javier Valdez (D-46th LD), creates a hotline in the Attorney General’s Office to receive reports of hate crimes and bias incidents and provide referrals for services. The Office will also create an annual report of incidents called into the hotline. The 2024 Supplemental Operating Budget allocates $743,000 to implement this bill (page 58). Opioid/Fentanyl: Both political parties acknowledged the growing fentanyl crisis in Washington State and passed legislation particularly targeted at young populations. Republicans proposed Page 76 of 184 GTH-GOV 7 making use of fentanyl in public illegal, essentially reversing last session’s work in response to the Blake supreme court decisions; however, the proposal, House Bill 2002, was never scheduled for a public hearing. Drug Task Forces: $2.7 million is allocated to continue to provide grant funding to local multijurisdictional task forces that previously received funding through the federal Edward Byrne Memorial Justice Assistance Grant Program. (page 94 of the 2024 Supplemental Operating Budget). An additional $50,000 is appropriated to coordinate three roundtables to review policies, regulations, and fiscal investments regarding multijurisdictional drug task forces. A report is due June 30, 2025. Opioid Overdose Reversal Medication in Schools: Senate Bill 5804, sponsored by Senator Patty Kuderer (D-48th LD), requires all schools to carry one set of opioid overdose reversal medication and adopt related policies. Reversal medication must be added to each school’s first aid kit, and it instructs schools to include at least one location of the medication on the school’s emergency map. Schools are also required to adopt an opioid-overdose policy. The 2024 Supplemental operating Budget allocates $745,000 to the Department of Health for the purchase of naloxone and fentanyl test strips, for distribution to high schools and public institutions of higher education. The Department is encouraged to expand existing bulk purchasing and distribution arrangements with educational service districts. (page 489 of the 2024 Supplemental Operating Budget). Opioid Prevention Education: House Bill 2112, sponsored by Representative Greg Nance (D-23rd LD), requires public and private institutes of higher education to provide opioid and fentanyl prevention education and awareness information to students. Higher education institutions must also provide naloxone and fentanyl strips, along with training for staff and residence halls on usage. The 2024 Supplemental Operating Budget allocates $412,000 (page 771), $232,000 (page 793), $232,000 (page 804), $95,00 (page 807), $22,000 (page 811), $97,000 (page 822), and $122,000 (page 828) for the implementation of this bill. Opioid Education Campaign: Senate Bill 5906, sponsored by Senator Lynda Wilson (R- 17th LD), requires the Department of Health (DOH) to develop an ongoing drug overdose campaign, and to conduct a feasibility study for an opioid overdose prevention hotline. The 2024 Supplemental Operating Budget allocates $2.6 million (page 495-496) to implement this bill and House Bill 1956. Fentanyl Education: House Bill 1956, sponsored by Representative Mari Leavitt (D-28th LD), directs the Secretary of Health to develop, implement, and maintain a statewide drug overdose prevention awareness campaign. The Office of the Superintendent of Public Instruction (OSPI) is required to develop, update, and distribute substance use prevention and awareness materials to schools. The OSPI must also update educational learning standards to include knowledge related to opioids and other life-threating drug use. The 2024 Supplemental Operating Budget allocates $2.6 million to this bill and Senate Bill 5906 (page 495-496), $334,000 (page 675), $125,000 (page 712), and $75,000 (page 743) for the implementation of this bill. Child Opioid Exposure: Senate Bill 6109, sponsored by Senator Claire Wilson (D-30th LD), establishes that a determination of imminent risk of physical harm to a child may include endangerment with high-potency synthetic opioids from a parent or guardian. Page 77 of 184 GTH-GOV 8 Courts are required to give great weight to the lethality of and public health guidance regarding high-potency synthetic opioids during certain stages of child welfare proceedings where the court is determining whether a child should be removed from a parent. The 2024 Supplemental Operating Budget allocates $479,000 (page 20), $1,108,000 (page 23), $156,000 (page 25), $384,000 (page 496), $3,490,000 (page 540), $3,179,000 (page 562), and $1,600,000 (page 562) for the implementation of this bill. Community Treatment: $4.25 million is allocated for grants to community providers to increase opioid treatment program services, and new or additional funding is allocated for a large number of community treatment facilities that will provide opioid treatment (pages 23-26 of the 2024 Supplemental Capital Budget). Naloxone Vending Machines: $900,000 is allocated to purchase dispensing machines for distribution of naloxone, fentanyl test strips, and other public health supplies. (page 417 of the 2024 Supplemental Operating Budget). Community-Based Teams: $1.5 million is allocated to establish high-intensity community-based teams serving people with opioid use disorder. The Health Care Authority is directed to prioritize funding to augment existing field-based teams funded with federal state opioid response grants. (page 415 of the 2024 Supplemental Operating Budget). Rapid Methadone Induction Pilot Program: $2 million is allocated to implement rapid methadone induction pilot programs to serve clients in hospitals electing to provide this service on an inpatient basis. (page 417 of the 2024 Supplemental Operating Budget). Street Medicine Teams: $5 million is allocated for the Health Care Authority to contract with five street medicine teams that rapidly assess and address the acute and chronic physical and behavioral health needs of homeless people. Funding is directly provided to King County, the City of Spokane, the City of Tacoma, the City of Everett, and Kitsap County. (page 217 of the 2024 Supplemental Operating Budget). Tribal Opioid Response Task Force & Educational Materials: $480,000 is allocated for a Washington state tribal opioid and fentanyl response task force. The task force shall review the laws and policies related to opioid and fentanyl use, illicit sale of opioids and fentanyl, jurisdictional authority, tribal exclusionary authority, and any related impacts affecting American Indian and Alaska native people. A report is due June 30, 2025. (page 420 of the 2024 Supplemental Operating Budget). An additional $2 million is allocated for a tribal opioid prevention campaign to inform and educate tribal communities about opioid misuse prevention, overdose response, and treatment. (page 425 of the 2024 Supplemental Operating Budget). The Office of Superintendent of Public Instruction is allocated $900,000 to administer a pilot program to adopt opioid and fentanyl abuse prevention materials and resources. (page 750 of the 2024 Supplemental Operating Budget). Naloxone for First Responders: $1.25 million is allocated to the Department of Health to purchase a dedicated supply of naloxone for first responders across the state. (page 462 of the 2024 Supplemental Operating Budget). An additional $400,000 is allocated to provide increased support for EMS and fire departments in their opioid prevention efforts, including naloxone, leave-behind programs, overdose response communication, Page 78 of 184 GTH-GOV 9 and staffing costs for community-based paramedics serving as navigators for education, resource, and follow-up supports. (page 487 of the 2024 Supplemental Operating Budget). Health Department Awareness Campaigns: $2 million is allocated to the Department of Health to administer grants to local health jurisdictions for opioid and fentanyl awareness, prevention, and education campaigns. An additional $750,000 is allocated to Tacoma-Pierce County Health Department to develop a comprehensive model toolkit that includes prevention, education, awareness, and policy strategies to address local opioid and fentanyl crisis response needs. (page 489 of the 2024 Supplemental Operating Budget). Naloxone for Public Libraries: $133,000 is allocated to the Department of Health to maintain a supply of naloxone for public libraries. (page 490 of the 2024 Supplemental Operating Budget). Opioid Treatment for Incarcerated Individuals: $4.458 million is allocated for opioid treatment for incarcerated individuals. Each and every single individual transferring into the department of corrections custody on full confinement is provided medications for opioid use disorder if they were on medications for opioid use disorder in jail or out of custody prior to their transfer to the Department of Corrections. (page 515 of the 2024 Supplemental Operating Budget). Did Not Advance: In addition, several Legislators continued to push policies to decriminalize certain actions, including jay walking (Senate Bill 5383), and dismissal of misdemeanors following completion of court ordered conditions (House Bill 1994). While the Legislature considered these proposals, neither advanced out of their chamber of origin. Behavioral Health Leading up to the 2024 Legislative Session, a federal court fined Washington State $100 million for its failure to comply with a settlement agreement associated with the Trueblood court decision. The 2024 Supplemental Operating Budget reflects paying that fine and continuing to invest in behavioral health by a total of $660 million. The Legislature also considered ways to increase the behavioral health care workforce by expanding services and training for co- responders as outlined in House Bill 2245. Although this bill did not advance, the Legislature passed the following bills pertaining to the behavioral health care system. Extending Liability Protections: House Bill 2088, sponsored by Representative Tina Orwall (D-33rd LD), is request legislation by the Health Care Authority. This bill extends liability protections for responders dispatched from mobile rapid response crisis teams and community-based crisis teams and applies to responders transporting patients to behavioral health services. Individuals will have immunity when acting in good faith within the scope of the individual’s employment responsibilities. Audio-only Telemedicine: Senate Bill 5821, sponsored by Senator Ron Muzzall (R-10th LD), applies the definition of "established relationship" for behavioral health services delivered via audio-only telemedicine to all covered services delivered via audio-only telemedicine. The 2024 Supplemental Operating Budget allocates $86,000 for implementation of this bill (page 195). Page 79 of 184 GTH-GOV 10 Columbia Valley Center for Recovery: Benton County requested $1.5 million in the Supplemental Capital Budget (page 23) for the last phase of the Columbia Valley Center for Recovery, previously known as the Three Rivers Behavioral Health Recovery Center. The project was fully funded in both budget proposals and was accordingly funded in the final 2024 Supplemental Capital Budget. Funding from the 2023 Capital Budget was also amended to reflect the project name change. Siting of Behavioral Health Facilities: Funding is allocated to retain a behavioral health facility siting administrator to coordinate the development of effective behavioral health housing options and provide technical assistance in siting facilities. (page 115 of the 2024 Supplemental Operating Budget). Olympic Heritage Behavioral Health Campus: The Capital Budget provides $30 million for the purchase of the Olympic Heritage Behavioral Health Facility, and $25 million is provided for modernization. (page 87 of the 2024 Supplemental Capital Budget). In the Operating Budget, $134 million is allocated to operate 72 beds and three wards in the facility. $1.25 million is allocated to conduct a study on the future long-term uses of the Olympic heritage behavioral health campus. (page 175 of the 2024 Supplemental Operating Budget). State Behavioral Health Facilities: $20 million is allocated to operate an additional 30 beds at Western State Hospital. $9.3 million is allocated to operate an additional 8 beds at Eastern State Hospital. (page 244 of the 2024 Supplemental Operating Budget). An additional $800,000 in capital funding is provided for rapid bed capacity at the Maple Lane facility. (page 88 of the 2024 Supplemental Capital Budget). Tri-Cities Respite Beds: $350,000 is allocated to establish respite care beds for individuals with intellectual and developmental disabilities in Tri-Cities. (page 261 of the 2024 Supplemental Operating Budget). Adolescent Facility: $15 million is allocated to the Department of Social and Human Services to operate a staff secure, voluntary, and transitional treatment facility specializing in services for adolescents over the age of 13 who have complex developmental, intellectual disabilities, for autism spectrum disorder and may also have a mental health or substance use diagnosis. Youth shall enter the facility by their own consent or the consent of their guardian. A preliminary report is due November 1, 2024, and a final report is due June 30, 2025. (page 259 of the 2024 Supplemental Operating Budget). Caseload Managers: $2 million is allocated to hire additional staff to reduce the current caseload ratio, targeting a move from one case manager per 75 clients to 1 case manager for 66 clients by June 2027. (page 260 of the 2024 Supplemental Operating Budget). Trueblood Fines: $100 million is allocated to pay the court order filed July 7, 2023, issued in the case of Trueblood which requires the department to pay all fines. (page 244 of the 2024 Supplemental Operating Budget). Caseload Forecast: The Department of Social and Human Services shall submit no later than October 1, 2024, a forecast of the caseload of individuals anticipated to utilize Page 80 of 184 GTH-GOV 11 supported employment and community inclusion services to assist in developing the 2025-2027 operating budget. (page 251 the 2024 Supplemental Operating Budget). Community Based Behavioral Health Beds: $48 million additional is provided for specific facilities in communities across the state. (page 23 of the 2024 Supplemental Capital Budget). Trueblood Phase 3 Facility: $10 million is provided for a crisis stabilization facility to comply with Trueblood Phase 3 implementation. (page 45 of the 2024 Supplemental Capital Budget). Community Services Division Call Center: Funding is allocated for technology enhancements and other improvements to reduce call center and lobby wait times for customers of the community services division. Report is due to the Legislature by June 30, 2025, on reduced wait times. (page 299 of the 2024 Supplemental Operating Budget). Special Commitment Center Releases: $189,000 is allocated to establish one position for a special commitment center communications manager to support information sharing to the public related to conditional release for less restrictive alternative placements. (page 301 of the 2024 Supplemental Operating Budget). Civil Conversion Cases: $100,000 is allocated for research and data analysis to analyze historical trends of admissions for felony civil conversion cases based on behavioral health administrative service organization regions. A report is due November 1, 2024, and shall include a recommendation about how best to predict and model future admissions for this population by region. (page 303 of the 2024 Supplemental Operating Budget). Study on Housing and Health Care: $250,000 is allocated to complete a gap analysis of the existing housing and health care system and provide a report. Report is due December 1, 2024 (page 305 of the 2024 Supplemental Operating Budget). Pre-Release Services: $120 million is dedicated to prerelease services for incarcerated individuals including, but not limited to, case management, clinical consultations, medication assisted therapy, community health worker services, 30-day supply of medications, durable medical equipment, medications, laboratory services, and radiology services. (page 328 of the 2024 Supplemental Operating Budget). Mobile Methadone Services: Funding is allocated from the opioid abatement settlement account to provide service support subsidies to all mobile methadone units. A report is due December 1, 2024 identifying options and related costs to continue operating mobile medication units. Page 394 of the 2024 Supplemental Operating Budget). Recovery Navigator Services: $2.5 million is allocated to expand recovery navigator program services. (page 400 of the 2024 Supplemental Operating Budget). Clark County Facility: $5 million is allocated to contract with a youth behavioral inpatient and outpatient program which has taken ownership of and submitted a plan to the Health Care Authority to reopen a facility in Clark County previously closed due to state Page 81 of 184 GTH-GOV 12 licensing issues with the former owner. (Page 405 of the 2024 Supplemental Operating Budget). 23-Hour Facilities: $1 million is to establish grants to crisis services providers to establish and expand 23-hour crisis relief center capacity. (page 414 of the 2024 Supplemental Operating Budget). Transportation The city continues to request funding to preserve the local and state transportation system and improve safety. Pasco requests for this session included: • $3 million for the design and right-of-way acquisition of the Road 76 Overpass Project • $8 million for the Broadmoor Blvd Bike/Ped Bridge over I-182 • $1.5 million for the study and design of State Route 12 Safety Improvements between A Street and Sacajawea Park/Tank Farm Road. • $2 million for a feasibility study to allow access to I-182 and Hwy 395 from Argent Road • Fully fund grant programs, such as the WSDOT Bike/Ped Program, that will allow the City to receive grant funds for eligible projects such as the Broadmoor Blvd Bike/Ped Bridge over I-182 All the while, the Legislature continues to grapple with the ongoing fiscal challenges related to the state’s Transportation budget. As shared above, the transportation budget revenues have declined and pending decisions such as I-2117, have made it difficult for lawmakers to make additional investments this session. Transportation Budget leaders were not accepting any project requests this year. However, Pasco’s project requests continue to remain in the queue for future funding when it becomes available. Water Rights Although there was no legislation this year pertaining to municipal water rights, the following investments were made: Yakima Valley Water Quality: $1 million is allocated to the nitrate water hazard mitigation area to support safe drinking water in the lower Yakima valley. Implementation of this plan includes, but is not limited to, education and outreach, well testing, and provision of alternate water supplies. The department may contract with local governments, local health jurisdictions, and nonprofit organizations to administer the plan. (page 485 of the 2024 Supplemental Operating Budget). Water Right Mapping: $206,000 is allocated to develop a statewide web map tool to integrate the Department’s water resources management database. The web map must provide the public with an interactive online mapping system focused on water resource data that enables users to access, visualize, and use improved water data. (page 591 of the 2024 Supplemental Operating Budget). Groundwater Modeling: $400,000 is allocated to develop a groundwater modeling publication to provide consistency in the Department’s evaluation of groundwater models submitted for water right permitting actions and ensure continued transparency to water right applicants. (page 593 of the 2024 Supplemental Operating Budget). Municipal Water Conservation Statute: $298,000 is allocated to the Ruckelshaus Center to evaluate and recommend actions to increase the effectiveness of the state's municipal Page 82 of 184 GTH-GOV 13 water conservation statute. Recommendations may be informed by best practices in other states. The report is due June 30, 2025. (page 803 of the 2024 Supplemental Operating Budget) Housing The 2023 Legislature made historic investments in housing and homelessness programs. The 2024 Legislature built on those investments: Homeless Housing Programs: $34 million is allocated to local governments for homeless housing programs and services. Of this amount, $12 million is allocated to King County, $3 million is allocated to the City of Tacoma, and $4 million is allocated to the City of Spokane. (page 99 of the 2024 Supplemental Operating Budget). Housing Assistance: $23,688,000 is allocated for housing assistance, including long- term rental subsidies, permanent supportive housing, and low and no barrier housing beds for unhoused individuals. Priority must be given to individuals with a mental health disorder, substance use disorder, or other complex conditions; individuals with a criminal history; and individuals transitioning from behavioral health treatment facilities or local jails. (page 62 of the 2024 Supplemental Operating Budget). Model for Supportive Housing Demand: Within existing resources, the Department of Commerce is directed to develop a model to estimate demand for operating, maintenance, and services costs for permanent supportive housing units that qualify for the Housing Trust Fund. (page 63 of the 2024 Operating Budget). Downpayment Assistance Account: $250,000 is provided into the downpayment assistance account. (page 865 of the 2024 Supplemental Operating Budget). Emergency Housing Assistance: $2 million is allocated for grants to cities, counties, or nonprofit organizations to support individuals in need of emergency housing assistance. Funds distributed in coordination with the Governor’s Office. (page 94 of the 2024 Supplemental Operating Budget). Homeownership: $1.5 million is allocated for contracts with organizations to increase homeownership. Additionally, $500,000 is allocated to the Housing Finance Commission to develop a plan with specific strategies to increase homeownership. (page 97 of the 2024 Supplemental Operating Budget). Calculating Average Median Household Income: $250,000 is allocated to the Department of Commerce to evaluate alternative methods for calculating average median household income. The report is due June 30, 2025. (page 108 of the 2024 Supplemental Operating Budget). Department of Housing: $250,000 is allocated to the Office of Financial Management to provide recommendations on the method and format for studying the transition to a Department of Housing. The report is due December 1, 2024. (page 180 of the 2024 Supplemental Operating Budget). Non-traditional Financial Services: $300,000 is allocated to the Department of Financial Institutions to study non-traditional financial services such as home equity sharing Page 83 of 184 GTH-GOV 14 agreements, and their effect on communities of color, seniors, and other vulnerable populations. (page 227 of the 2024 Supplemental Operating Budget). Housing Trust Fund: $127 million is provided in the Supplemental Capital Budget for affordable housing projects through the Housing Trust Fund. This is in addition to the $400 million provided in the biennial budget. The $127 million is allocated as follows: $44 million for housing for those with developmental disabilities; $41 million for specific projects; $20 million for rapid conversion or acquisition of housing to address extremely low-income and unhoused populations; $17 million for housing to benefit low-income and special needs populations, including permanent supportive housing; $15 million for the acquisition and preservation of mobile homes; $5 million for affordable housing urgent repairs grants. (page 12 of the 2024 Supplemental Capital Budget). Mobile Home Park Cooperative Grants: $10 million is provided for grants to the Northwest Cooperative Development Center to provide grants for the acquisition and preservation of mobile of manufactured home cooperative communities. This is in addition to the $4 million provided last session. In addition, $3.5 million additional funding is provided to the Center for cooperatives to complete capital improvement processes. This section of the Capital Budget also includes over $31 million additional dollars for community-specific projects. (page 15 of the 2024 Supplemental Capital Budget). Emergency Shelters: $20 million is appropriated to acquire, renovate, and prepare property for rapid conversion into enhanced emergency shelters, permanent supportive housing, transitional housing, permanent housing, youth housing, tiny homes or other shelters. $40 million was provided last session. (page 16 of the 2024 Supplemental Capital Budget). Affordable Housing Repair Grants: $5 million additional funding is provided for urgent repair grants for affordable housing projects. This is in addition to $25 million provided in the biennial budget. (page 17 of the 2024 Supplemental Capital Budget). Domestic Violence Emergency Shelters: $285,000 is allocated to domestic violence emergency shelters that are experiencing a reduction in compensation from the Department of Social and health services. The funding must be used to continue current service levels to survivors of domestic violence. Funding must be allocated to department-contracted shelters providing service in Thurston County, Spokane County, Lewis County, Clallam County, Yakima County, Mason County, and Cowlitz County. (page 295 of the 2024 Supplemental Operating Budget). Community and Technological College Housing: $275,000 is allocated to study low- income student housing opportunities on community and technical college campuses to help address the housing shortage. The study shall include an analysis of the rental housing market serving each college campus, each college’s need for low-income student housing, the estimated capital and ongoing cost to operate and maintain low income student housing, and the impact on the local market rental housing supply should new low income housing be constructed on a community or technical college campus for students. The report is due June 30, 2025. (page 770 of the 2024 Supplemental Operating Budget). Page 84 of 184 GTH-GOV 15 While the Legislature considered several bold policies, such as House Bill 2114, capping rent increases, and House Bill 2276, generating increased revenue through changes to the state real estate excise tax, legislators chose to proceed forward with a more subdued approach. Even more modest proposals including House Bill 2270, proposing to create a Department of Housing separate from the current Department of Commerce; Senate Bill 5334, authorizing cities to impose a 10% tax on short term rentals; House Bill 2353, allowing all counties and cities to utilize the multifamily tax exemption program; and Senate Bill 6030 extending an accessory dwelling unit (ADU) property tax exemption currently available in King County to all counties, did not advance. Below are those proposals that did pass into law: Housing Affordability Tax Incentives: Senate Bill 6175, sponsored by Senator Yasmin Trudeau (D-27th LD), establishes a local option sales and use tax deferral for projects that convert commercial buildings to residential purposes and dedicate 10% of the units to households making 80% of the area median income or less. The bill also clarifies that commercial/non-residential buildings being converted to residential under the Multifamily Property Tax Exemption program. The 2024 Supplemental Operating Budget allocates $54,000 for fiscal year 2025 to implement this bill (page 103). Multiunit Residential Buildings Definition: Senate Bill 5792, sponsored by Senator Mike Padden (R-4th LD), excludes buildings with 12 or fewer units that are no more than three stories from the definition of multiunit residential building if one story is utilized for above or below ground parking, or retail space. The bill is intended to address the condominium construction deficit. Housing Authorities: House Bill 1890, sponsored by Representative Emily Alvarado (D- 34th LD), allows legislative authorities that have created housing authorities prior to June 5, 2024, to form joint housing authorities composed of two or more city governments without county authorization. Workforce Housing Accelerator: House Bill 1892, sponsored by Representative Mari Leavitt (D-28th LD), creates the Workforce Housing Accelerator Revolving Loan Fund Program within the Department of Commerce. The Department of Commerce will administer loans to eligible organizations to assist with the development of housing for low-income households. Property Tax Exemptions for Nonprofits: House Bill 2012, sponsored by Representative Chipalo Street (D-37th LD), allows voter-approved levy lid lifts, and certain city and county funds as qualifying funding sources for a project to receive the nonprofit housing property tax exemption. Additional Highlights Industrial Symbiosis Innovation Park Pilot Projects $150,000 is allocated in the Supplemental Capital Budget (page 49) for Pasco’s Industrial Symbiosis Park project. pilot projects for initial planning and development work. One on the east side – Pasco – with an agriculture emphasis, and one on the west side – Longview – with a forest products emphasis. Page 85 of 184 GTH-GOV 16 HAPO Center in Pasco $3 million is included in the Supplemental Capital Budget (page 65) for upgrades to the HAPO Center in Pasco. This funding is listed under the Local Emission Reduction Projects through the Department of Commerce and is subject to the failure of I-2117 (Climate Commitment Act). Courts/Public Defenders/Prosecutors Leading up to session, counties – especially those in Eastern Washington – indicated a challenge in recruiting public defenders and prosecutors. In response, legislators introduced a variety of ideas including incrementally increasing the state’s contribution to public defense costs over time (Senate Bill 5773) and creating a state program to assist local governments with public defense costs (House Bill 2202). These are just two of the many proposals that did not advance, below are those that did pass the Legislature. Public Defense: Senate Bill 5780, sponsored by Senator Nikki Torres (R-15th LD), expands training opportunities for public defense. The bill directs the Office of Public Defense to administer a law student rural public defense program, expand capacity for its defense training academy program, and directs the Criminal Justice Training Commission to provide a similar program for prosecutors and the administration of a law student rural public prosecution program. The 2024 Supplemental Operating Budget allocates $611,000 (page 23) and $694,000 (page 433) to implement this bill. The 2024 Supplemental Operating Budget allocates $442,000 (page 22) for the Office of Public Defense to administer a public defense recruitment program. The program should engage with students at colleges and law schools; provide technical assistance and training to public defense and offer recruitment strategies. Office of Public Defense: House Bill 1911, sponsored by Representative Jamila Taylor (D-30th LD), amends the statute prohibiting the Office of Public Defense (OPD) from providing direct representation of clients by allowing managing and supervising attorneys within the OPD to provide limited, short-term coverage of initial client consultations if contracted counsel is not available to provide the consultation services. The bill also allows OPD to coordinate with law schools to place law clerks, externs, and interns with OPD contracted counsel, and allows OPD to provide pro bono legal services. Court Reorganizations: House Bill 2034, sponsored by Representative Cheney (R-18th LD), requires counties and cities to provide the Administrative Office of the Courts (AOC) with notice of court reorganizations and amends portions of the RCW 3.50 relating to municipal courts. Newly established municipal courts must wait six months after the notice of intent to create a new court is sent to the Office before having jurisdiction over any matter. A notice of intent to terminate a court must be sent to the office six months in advance of the termination date. Independent Investigations: HB 2086, sponsored by Representative Debra Entenman (D-47th LD), changes the Office of Independent Investigations’ (OII) authority to obtain and share specific information with a member of an involved agency. The OII may share information that is essential to protect the safety of a community or the integrity of an ongoing or urgent investigation. Finance/General Government The Legislature considered several proposals that would have broadly changed how local governments do business. Many of those proposals, including House Bill 1932, allowing local Page 86 of 184 GTH-GOV 17 agencies to transition to even-year elections; House Bill 1990, would have established a statewide aerial imagery service available to local governments; Senate Bill 6232, and House Bill 2307, attempting to assist agencies in managing public records; and Senate Bill 5924 mandating access to personnel records, and more were considered but did not get across the finish line. However, several proposals did get across the finish line: Royalty Receipts for Local Business & Occupation Taxes: $200,000 is allocated to the Office of Financial Management to conduct a study and provide a report to the Legislature on royalty receipts apportionment for local business taxes. Report is due to the Legislature by December 31, 2024. (page 188 of the 2024 Supplemental Operating Budget). Study on Electric Security Alarms: $50,000 allocated for the Department of Labor and industries to work with the Association of Washington Cities (AWC) and associated stakeholders having an interest in the installation and maintenance of electric security alarm systems to identify appropriate pathways to streamline the permitting process and any other recommendations in order to facilitate the installation of these systems in the state. The report is due December 15, 2024. (page 450 of the 2024 Supplemental Operating Budget). Public Comment Notice: House Bill 1105, sponsored by Representative Shelley Kloba (D-1st LD), requires that whenever a public agency is mandated by law to provide notice that it is soliciting written public comment, the notice must specify the first and last date by which such public comment must be submitted. A public agency that violates the public comment notice requirements is subject to a civil penalty of $500 for the first violation and $1,000 for any subsequent violation, but no member of the agency is personally liable for a violation. Property Tax Levies: House Bill 2044, sponsored by Representative Davina Duerr (D-1st LD), eliminates a non-supplant restriction applicable to local government taxing districts located in a county with a population of 1.5 million or more. Common Interest Communities: Senate Bill 5796, sponsored by Senator Jamie Pedersen (D-43rd LD), is request legislation from the Uniform Law Commission. The bill allows the board of an association to amend governing documents to remove any unlawful restriction based on race, color, religion, national origin, sex, or other personal characteristics. The bill adopts many of the most recent amendments to the Uniform Common Interest Ownership Act and codifies them into the Washington Uniform Common Interest Ownership Act. Finally, it repeals the Horizontal Property Regimes Act, the Washington Condominium Act, the Homeowners' Association Act, and the Land Development Act, effective January 1, 2028. Adult Entertainment: Senate Bill 6105, sponsored by Senator Rebecca Saldana (D-37th LD), requires adult entertainment establishments to provide training to employees about sexual harassment prevention, conflict de-escalation, and first aid. Additional requirements for establishments include panic buttons, customer behavior, security personnel, notice of termination and limits to certain charges to entertainers. An establishment must have written policies addressed in this bill. The Liquor and Cannabis Board (LCB) is required to modify or adopt rules to allow adult entertainment establishments to hold liquor licenses. If an establishment receives a citation for a violation of laws related to adult entertainers and establishments and has not abated the Page 87 of 184 GTH-GOV 18 violation, then the LCB can suspend the establishment’s liquor license. The LCB is also to notify Labor & Industries regarding violations related to workplace health and safety standards. The 2024 Supplemental Operating Budget allocates $40,000 (page 59), $99,000 (page 202), and $561,000 (page 450) to implement this bill. Infrastructure & Economic Development Tax Increment Financing: House Bill 2354, sponsored by Representative Chipalo Street (D-37th LD), makes technical changes to the implementation of the tax increment financing tool. The project analysis that is required to be completed by the sponsoring jurisdiction must now include an assessment on impacts to any junior taxing district, including public hospital service and emergency medical service. This assessment is in addition to the existing assessment on several other special purpose districts, including local fire service. The assessment of impacts for fire service, hospital service and emergency medical service must include any necessary mitigation. Payment for mitigation is an allowable use of TIF revenue. If parties cannot reach agreement on mitigation, the bill outlines an arbitration process. Match Act: House Bill 1870, sponsored by Representative Stephanie Barnard (R-8th LD) promotes economic development for local communities by requiring the Department of Commerce to assist local communities with federal grant applications and creating a resource guide for federal grant applicants. The bill is null and void unless funded in the budget. The 2024 Supplemental Operating Budget allocates $500,000 to implement this bill (page 131). Technical Changes to Allowable Exemptions for Tourism Promotion Area Assessments: House Bill 2137, sponsored by April Berg (D-44th LD), allows local governments to exempt lodging businesses, units, or guests from lodging charges imposed within a tourism promotion area. The bill is largely technical and stems from recent Department of Revenue feedback to cities on their interpretation of current allowable exemptions. Land Use The 2023 Legislature approved a slew of bills preempting local governments on land use. The 2024 Legislature introduced many bills to continue that trend, but many of them failed to get across the finish line, including House Bill 2160 regarding transit-oriented development, House Bill 1245 requiring lot splitting, House Bill 2252 allowing businesses in residential areas, and House Bill 2474/House Bill 2113 requiring Commerce approval of local housing development regulations. The Legislature approved several more modest proposals that still contained preemption of local land use: Co-Living Housing Bill: House Bill 1998, sponsored by Representative Mia Gregerson (D-33rd LD), requires cities and counties to adopt regulations or controls to allow co-living housing. The bill requires cities and counties to allow co-living housing on any lot within an Urban Growth Area that allows at least six multifamily residential units. Additionally, a city or county may not treat a sleeping unit in co-living housing as more than one-half of a dwelling unit for purposes of calculating fees for sewer connections unless the city or county makes a finding, based on facts, that the connection fees should exceed the one- half threshold. Residential Housing Regulations: House Bill 2071, sponsored by Representative Davina Duerr (D-1st LD), concerns residential housing regulations. The bill directs the State Building Code Council to convene two technical advisory groups: one to recommend Page 88 of 184 GTH-GOV 19 changes to apply the Washington State Residential Code to multiplex housing, and another to recommend changes needed to the International Building Code (IBC) to allow dwelling units with less than 190 square feet. Middle Housing: House Bill 2321, sponsored by Representative Jessica Bateman (D- 22nd LD), modifies certain provisions of the 2023 middle housing policies. The bill requires that cities with a population of at least 25,000 must allow six of the nine types of middle housing. Cities with less than 25,000 people can choose the number of middle housing types that meet minimum density requirements. The bill also allows middle housing to be built on lots where a portion of the lot is a critical area. Finally, middle housing densities only apply around bus rapid transit stops once construction of those stops has begun. Areas designated as sole-source aquifers by the United States Environmental Protection Agency on islands in the Puget Sound from the density requirements. To implement this bill the 2024 Supplemental Operating Budget allocates $213,000 for fiscal year 2025 (page 118). Limited Areas of More Intensive Rural Development: Senate Bill 6140, sponsored by Senator Shelly Short (R-7th LD), provides an exemption for the square footage requirements for new or existing retail or service space within a limited area of more intensive rural development (LAMIRD), given the area is located at least 10 miles from an existing urban growth area (UGA) and provides an essential rural retail service. The bill also requires that an existing retail or food service space in a LAMIRD at least ten miles from a UGA must not exceed the footprint of the previously occupied space or 10,000 square feet, whichever is greater. Urban Growth Area Swaps: Senate Bill 5834, sponsored by Senator Shelly Short (R-7th LD) relates to urban growth areas (UGAs). The bill allows counties to conduct a “UGA swap” during the annual review of a comprehensive plan if the county determines that patterns of development have created pressure in areas that exceed the available and developable lands within the UGA. Specific language is included addressing tribal consultation, critical areas, and requiring a two-year waiting period if the swap includes areas designated as agricultural, forest, or mineral resource lands of long-term commercial significance. The 2024 Supplemental Operating Budget allocates $16,000 for fiscal year 2024 and $46,000 for fiscal year 2025 for implementation of this bill (page 119). Environmental and Land Use Appeals: House Bill 2039, sponsored by Representative Joe Fitzgibbon (D-34th LD), modifies the process for direct review by the court of appeals for decisions issued by environmental boards that relate to clean energy projects. The bill extends, without expiration, the current process for direct review by the court of appeals for decisions issued by the environmental boards that do not relate to clean energy projects. Finally, it authorizes the consolidation of appeals arising out of the same projects when certain criteria are met, and it modifies the jurisdiction of the pollution control hearings board to hear appeals arising from specified environmental laws. Integration of Special Purpose Districts into the Growth Management Act: $250,000 is allocated to convene a task force to make recommendations to integrate water, sewer, school, and port districts into the Growth Management Act (GMA). Preliminary report Page 89 of 184 GTH-GOV 20 due June 30, 2025; final report due December 1, 2025. (page 117 of the 2024 Supplemental Operating Budget). Permitting Workforce: $25,000 is allocated to the State Board for Community and Technical Colleges to collaborate with a nonprofit, professional association of state, county, city, and town officials engaged in development, enforcement, and administration of building construction codes and ordinances to design and implement training programs to accelerate the hiring of city and county permit technicians. (page 770 of the 2024 Supplemental Operating Budget). Page 90 of 184 Briahna Murray & Holly Cocci April 15, 2024 CITY OF PASCO 2024 LEGISLATIVE SESSION Pa g e 9 1 o f 1 8 4 PURPOSE 2 Overview of the 2024 Legislative Session Outcome of Pasco Priorities Additional Legislative Issues Next Steps Pa g e 9 2 o f 1 8 4 OVERVIEW OF 2024 LEGISLATIVE SESSION 3 General Context •Second year of the biennium,60-day session •Adopted supplemental operating, capital, and transportation budgets •1,560 bills introduced, 376 passed into law Political Context •Democrats held strong majorities in House and Senate •6 Initiatives to the Legislature 0 500 1000 1500 2000 2500 2022 2023 2024 Bills Passed Bills Introduced Pa g e 9 3 o f 1 8 4 OVERVIEW OF 2024 SUPPLEMENTAL BUDGETS Operating •Funds all state agency operations •February revenue forecasts $1.2 billion increase from when budgets were enacted •$2.1 billion in additional spending for a $71.9 billion biennial budget, $2.8 billion in reserves •Local Investments: Eliminates local 25% cost share for BLEA, $34M for grants to local governments for homeless housing programs and services Capital •Funds public and nonprofit construction projects •$1.3B of additional investments for a $10.3B biennial budget •Combination of bond capacity, CCA, federal funds, MTCA, etc. •Many investments are contingent on failure of I-2117 •$72.5M allocated for local community projects ($62M in 2022) •Average local community project award: $372,000 •Key investments in housing & homelessness, behavioral health, education Transportation •Funds the state’s transportation system including highways, ferries, transit and transportation related agencies •$1B of new spending, $14.6B biennial budget •Federal funds, CCA $, increased MAW revenues •Many investments are contingent on failure of I-2117 •Traditional revenues (gas tax, license fees, permits, etc.) are down by $56M, an 8% decrease •$1B in highway preservation funding over the biennium Pa g e 9 4 o f 1 8 4 2023 LEGISLATIVE OUTCOMES $5 million - Pasco Process Water Reuse Facility $155,000 - Downtown Plaza $3 million - Gesa Stadium $750,000 - Soccer Field 5 Pa g e 9 5 o f 1 8 4 2024 LEGISLATIVE PRIORITIES 6 Regional Emergency Communication •Supported City of Richland’s led request •Final budget includes $235,000 Public Safety & Behavioral Health •Columbia Valley Center for Recovery - Additional $1.5 M •I-2113 Vehicular pursuits •Extending liability protections for co-responders (HB 2088) Pa g e 9 6 o f 1 8 4 2024 LEGISLATIVE PRIORITIES CONTINUED 7 Transportation •No new project funding available Water Rights •Ongoing effort – no new legislation in 2024 Housing •Property Tax Exemption for Nonprofits (HB 2012) •Affordable Housing Tax Incentives (SB 6175) •No new revenue source but $127.5M for Housing Trust Fund and $232M for housing and homelessness services Pa g e 9 7 o f 1 8 4 ADDITIONAL LEGISLATIVE ISSUES 8 Industrial Symbiosis Innovation Park Pilot Project in Pasco - $150,000 HAPO Center in Pasco - $3 million Match Act – HB 1870 Public Comment Notice – HB 1105 Co-Living Housing – HB 1998 Middle Housing – HB 2321 Pa g e 9 8 o f 1 8 4 NEXT STEPS Thank the City’s legislative delegations Implement new policies & projects funded with state awards Redistricting Interim Action Plan & Steps to prepare for the 2025 session 2025 Legislative Session begins January 13th Pa g e 9 9 o f 1 8 4 QUESTIONS? Holly Sanabria Cell: (253) 509-2403 E-mail: hollys@gth-gov.com Briahna Murray Cell: (253) 310-5477 Email: bmurray@gth-gov.com Pa g e 1 0 0 o f 1 8 4 AGENDA REPORT FOR: City Council April 12, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 4/15/24 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Public Hearing & Ordinance No. 4711 - Dissolution of the Downtown Pasco Development Authority (15 minutes) I. REFERENCE(S): Proposed Ordinance Ordinance 3985 - Creation of DPDA II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBLIC HEARING MOTION:the formally 4711, No. Ordinance dissolving to move I adopt Downtown Pasco Development Authority, and, further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In December 2010, the City Council established a Public Development Authority (PDA) to spearhead the revitalization of the Downtown area. Additionally, the PDA was tasked with managing the Pasco Specialty Kitchen and Farmer’s Market and promoting the utilization of the façade improvement program funded through the Community Development Block Grant allocation. In May of 2011, the board formed a non-profit and obtained its non-profit corporation license in Washington State, followed by the appointment of a full Board in July of the same year. In 2012, they achieved 501(c)(3) tax-exempt status. In January of 2015, it was officially designated as a Washington State Main Page 101 of 184 Street member, entitling the nonprofit to certain benefits, such as the ability to receive donations with donors receiving a 75% credit against applicable B&O taxes. In recent years the City has contributed $100,000 per year on average, much of this amount (approximately 75%) was offset by the State Utility Tax reimbursement program. The Downtown Pasco Development Authority (DPDA) recently received an audit report highlighting issues regarding the management of funds and compliance with grant requirements and state laws. The audit revealed a significant number of invoices lacking sufficient documentation, raising doubts about the validity of expenses attributed to business purposes. Additionally, the agency failed to adhere to grant requirements and validate grant eligibility for recipients. Furthermore, shortcomings were identified in the implementation of proper cash receipting processes. Biennial audits conducted by the Office of Washington State Auditor (SAO) have and documentation in consistently DPDA's highlighted deficiencies financial management. The audits for the years 2020, 2021, and 2022 revealed recurring issues, exacerbating concerns about the agency's operational effectiveness and overall trust. Moreover, the failure to meet grant requirements represents new challenges for the organization. As a public development authority with a Board, the City's role in overseeing the agency's day-to-day operations is limited. The City Council appoints the Board Members for DPDA who in turn are responsible for employing an Executive Director to run the operations. The City is responsible for ensuring that the goals set forth by the City for the funds being disbursed to DPDA were met per the terms of the funding agreement. The City has extended offers to provide training and assistance in establishing financial controls and structures. Unfortunately, significant turnover in the Executive Director position and organizational culture issues appear to have hindered the establishment of a disciplined and efficient organization. Following the resignation of the last Executive Director, the City reassumed responsibility for its critical services previously managed by DPDA, such as the Pasco Farmer's Market, Pasco Specialty Kitchen, as well as taking the lead with various festivals, ensuring continued service to the community. The City will continue to work with the State Auditor's Office and any other relevant authority to fully account for the DPDA finances. V. DISCUSSION: Considering the significant investment made by the City to revitalize the Page 102 of 184 downtown core, it is imperative to uphold public trust in local agencies. Regrettably, the DPDA has failed to maintain that trust both with the public and with the City. Taking into account these circumstances, Council set a public hearing for April 15 through approval of Resolution No. 4440 to receive public input prior to consideration of Ordinance for dissolution. Page 103 of 184 Ordinance Dissolving the Downtown Pasco Development Authority - 1 ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, FORMALLY DISSOLVING THE DOWNTOWN PASCO DEVELOPMENT AUTHORITY. WHEREAS, the City of Pasco, Washington, pursuant to RCW 35.21.730 through RCW 31.21.759, created the Downtown Pasco Development Authority (“DPDA”) by City Ordinance No. 3985 adopted on December 20, 2010; and WHEREAS, said Ordinance provided that “[i]f the City Council by majority votes makes an affirmative finding that dissolution is warranted for any reason, the existence of the Downtown Pasco Development Authority may be terminated by Ordinance of the City Council adopted at or after a public hearing, held with notice to the Directors of the DPDA and affording them a reasonable opportunity to be heard and present testimony.”; and WHEREAS, the City Council has determined that the stated goal of the creation of the Downtown Pasco Development Authority of revitalizing the downtown area of Pasco through a public development authority authorized under RCW 35.21.730-.759 has concluded; and WHEREAS, the City has determined that there is minimal benefit to continue the Downtown Pasco Development Authority and dissolution is warranted. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Dissolution of the Downtown Pasco Development Authority. The City Council of the City of Pasco, after a public hearing on April 15, 2024, makes the affirmative finding that dissolution of the Downtown Pasco Development Authority created by Ordinance No. 3985 is warranted and shall be and hereby is dissolved. The City of Pasco Ordinance No. 3985, together with the Charter of the DPDA, as of the effective date provided below, is repealed in its entirety. This repeal shall not revive any prior Ordinance dealing with this same subject. Section 2. Notice to the Downtown Pasco Development Authority. The City Clerk shall forthwith serve upon the remaining board and/or directors (if any) of the Downtown Pasco Development Authority, a copy of this Ordinance as notice dissolving the DPDA effective April 26, 2024, at 9:00 a.m., Pacific Standard Time. Section 3. Authorization of the City Manager. The City Manager is hereby authorized and directed to prepare, execute, and have executed, all documents necessary to facilitate the filing of Articles of Dissolution with the State of Washington in accordance with the requirements of RCW 24.03A.910, including but not limited to, obtaining a Tax Clearance Certificate for the DPDA as required under RCW 82.32.260. The City Manager, or his designee, shall have full authority to exercise all powers necessary to continue the operation of those facilities of the DPDA which shall devolve back to the possession and control of the City as a result of this dissolution and in accordance with Ordinance No. 3985 and the Charter and proper Page 104 of 184 Ordinance Dissolving the Downtown Pasco Development Authority - 2 provision has been made for the disposition of all Authority assets. Section 4. 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 5. 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 6. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ________________________________ Page 105 of 184 Page 106 of 184 Page 107 of 184 Page 108 of 184 Page 109 of 184 Pa g e 1 1 0 o f 1 8 4 Page 111 of 184 Page 112 of 184 Page 113 of 184 Page 114 of 184 Page 115 of 184 Page 116 of 184 Page 117 of 184 Page 118 of 184 AGENDA REPORT FOR: City Council March 20, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 4/15/24 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Resolution No. 4443 - Surplus of City Property Along Argent Road (Parcel No. 113300252) (5 minutes) I. REFERENCE(S): Resolution Request for Proposal Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4443, declaring City-owned real property surplus, setting the minimum price and the method of sale for Parcel No. 113300252, and further, authorize the City Manager to sell the property through realtor listing for a minimum price determined through market analysis. III. FISCAL IMPACT: TBD IV. HISTORY AND FACTS BRIEF: Historically, City of Pasco has built an inventory of City-owned parcels that have been sold, as needed, for civic and development needs. The property in question represents a valuable asset to the city, not just in financial terms but also in its potential to contribute to the city's development objectives. The right land use decision could support community goals such as commercial development or public services enhancement. A request for proposal for purchase and development provides a formal process for soliciting information from prospective developers/owners and will enable the City to fairly compare submissions to ultimately choose a developer and sell the site for the best use. Page 119 of 184 V. DISCUSSION: Pasco Municipal Code (PMC) Section 2.120.010 authorizes the City Council to declare property surplus to City needs and offer said property to be sold. Council shall, according to Section 2.120.020, by resolution, authorize sale by either fixing a minimum price or authorizing sale through the determination of minimum price through appraisal or market analysis. Page 120 of 184 Resolution – Surplus City-Owned Property Parcel No. 113300252-1 RESOLUTION NO. 4443 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, DECLARING CITY-OWNED REAL PROPERTY SURPLUS, SETTING THE MINIMUM PRICE AND THE METHOD OF SALE FOR PARCEL NO. 113300252, AND FURTHER, AUTHORIZE THE CITY MANAGER TO SELL THE PROPERTY THROUGH REALTOR LISTING FOR A MINIMUM PRICE DETERMINED THROUGH MARKET ANALYSIS. WHEREAS, in accordance with Pasco Municipal Code (PMC) Chapter 2.120, prior to a sale of real property the City Council shall declare the same to be surplus and the sale to be in the best interest of the City, set the minimum price for the sale of the property, and determine the method of sale; and WHEREAS, pursuant to PMC 2.120.030 the City Council may resolve to affect the sale by way of, among other methods, a listing agent, after request for qualifications (RFQ) for a qualified licensed realtor, but in any event shall declare the method of sale of the surplus property; and WHEREAS, in accordance with PMC 2.120.020 the Council shall set the minimum price for the sale or authorize a determination of the minimum price by way of appraisal or market analysis; and WHEREAS, the City Council hereby declares that it is in the best interest to surplus Parcel No. 113300252, as it is no longer needed for municipal purposes, the method of sale shall be by and through a listing agent selected through the RFQ process, and authorizes a determination of the minimum price by market analysis; and WHEREAS, the Pasco City Council finds it in the City’s best interest to authorize the listing for sale of Parcel No. 113300252, subject to final approval of the City Council and in 2accordance with the recommendations of the City’s Real Estate Broker; and WHEREAS, the City Council listed the subject property with a qualified realtor under the terms of the negotiated listing agreement (on file with City) which among other things includes the terms of the listing, the minimum price of the subject property, realtor services to be performed and expresses that the Council’s approval is a condition precedent to the sale being completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Manager is authorized to market this property through a realtor listing for a minimum price to be determined through market analysis; and to take all necessary steps required to accomplish this transaction. Page 121 of 184 Resolution – Surplus City-Owned Property Parcel No. 113300252-1 PASSED by the City Council of the City of Pasco, Washington, on this 15th day of April, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 122 of 184 Page 1 | 5 Request For Proposals (RFP) Purchase and Development of 20th & Argent Corner Lot Issued: May 1, 2024 Responses Due: July 31, 2024 Version: 1.0 Executive Summary Page 123 of 184 Page 2 | 5 The City of Pasco is seeking proposals from qualified developers &/or owner/users for the development of the 2.45-acre parcel at the SE corner of 20th Avenue and Argent Road. Interested parties should submit a proposal that identifies the following: • Offer Price • Proposed Use of Development • Proposed Occupant/Tenant if Different From Owner • Proposed Time Frames For Permitting and Construction • Resume of Buyer’s Current Portfolio &/or Past Development • Proposed Site Plan • Proposed Building Specifications • Renderings If Available The City is looking for an experienced group to develop the site that addresses the City’s objectives for the property – high quality development that works in concert with the growing volume of hotel rooms in the area, student housing and daily community college traffic and high-volume regional airport traffic. This region of the city is experiencing steady growth and increasing demand for services to meet the daytime and evening needs of the region. Located a short distance from the Interstate 182 interchange, this prime corner site is located at the entrance to the Tri-Cities Airport PSC. Development of the site should include a nationally branded, full-service restaurant for travelers, flight crews, college students and local traffic. The establishment should provide 7-day-a-week operations with breakfast, lunch, and dinner service. An equally recognizable full-service coffeehouse is desirable in this high traffic area. Additional business types may include national franchise fast food, fitness, real estate, or professional services. Property Features The site consists of a 2.45-acre corner lot, as shown below. Both sites front Burden Blvd. Address: TBD Argent Road, Pasco, WA Parcel #: 113.300.252 Access: Shared Access off of Argent Zoning: C-1 Retail Business District Utilities: City Water, City Sewer, Natural Gas, Electricity Page 124 of 184 Page 3 | 5 Property Aerials Priorities & Objectives As a highly visible and prominent site within the City and adjacent to other community assets, the following priorities and objectives should be incorporated in your overall design concept for this development: • Specify End User(s) &/or Tenant(s) • Expected Number of New Jobs Created • Exterior Elevations/Renderings • Planned Timing For Development • Past Track Record For Similar Developments Selection Criteria The intent of this RFP is to provide the City with market-based input on the retail development concepts for this site. The responses to this RFP will be used to form a recommendation to the City Council regarding a strategy to move forward. Submissions should include: 1. Executive Summary and/or letter of interest with contact information. 2. Exemplified, relevant experience implementing similar concepts. Include examples of previous projects that you have completed that directly align with the goals, objectives and vision of this project. Specific examples may include, photos, plans and/or renderings. 3. Description of projects designed and built, proposed ownership and legal structure. 4. Overview of the development team’s experience and project roles along with specific involvement in relevant projects. 5. Demonstration of financial resources and the capacity available to complete the proposed project from start to finish. Page 125 of 184 Page 4 | 5 A. Provide a detailed description of the proposed financing structure for the project with examples from previous projects. B. Identify any current or pending financial obligations that may impact the ability of the respondent to complete the proposed development in a timely manner. C. Provide two reference letters from financial institutions that have participated financially in any of the respondent’s projects during the last five years. Reference letters should show the amount of financial assistance and the name of the project. D. Other pertinent documentation or evidence of the capacity and ability to provide guarantees required during the development process. 6. Time frame including milestones for the project, such as acquiring the property, securing financing, beginning and completing the project, and obtaining certificates of occupancy. 7. Three professional references including public agencies where applicable. Questions regarding this RFP will be accepted until June 28, 2024, via email to Broker. All submitted questions and answers will be emailed to the group of interested parties directly and posted online as an Addendum to this RFP, each Friday of the submission period. Phone inquiries and special meeting requests will not be accepted to allow for the public record to be maintained. RFP Process Vendors are solely responsible for ensuring their submittal is received by the Broker for the City of Pasco prior to the deadline. Please provide an electronic (PDF) of your RFP submittal no later than 3 pm on July 31, 2024 to: Rob Ellsworth | CCIM SVN | Retter & Co. rob@RobEllsworth.com Any submittals received after 3:00 p.m. on July 31, 2024 will not be considered for evaluation. The City will establish a committee to review the RFP submittals. Following the committee’s review of the responses to the RFP each respondent shall receive a written notification of the next steps determined in the process and whether they will be moving forward. All respondents will be notified of the status of their submission not later than August 15, 2024. This RFP may lead to one of the following outcomes: • Direct negotiations for the site purchase or lease and development of the property; • A request for additional information from one or more RFP respondents including interviews; • Cancellation of all or a portion of this RFP without the selection of a development team. Interested parties responding to the RFP understand that the information they provide may be used in whole or in part by the City. Response to the RFP does not legally bind the respondent to the City in any way, or the City to the respondent. The City shall not be responsible for any costs or expenses that are incurred by respondents participating in the RFP process. Page 126 of 184 Page 5 | 5 The City of Pasco expressly reserves the following rights: • To reject any and/or all irregularities in the qualifications submitted; • To reject any or all qualifications for portions thereof; • To base awards with due regard to quality of services, experience, compliance, with specifications and other such factors that may be necessary in the circumstances; • To make the award to any respondent or combination of respondents whose qualifications in the opinion of the City, is in the best interest of the City. All material submitted by the Respondents shall be used in whole or in part and be considered property of the City of Pasco, and the City will not be required to return same to any Respondent. The material submitted by Respondent will be treated in the same manner as the City’s own records. After opening, all Responses become part of the public record unless exempt under Washington State Public Records Act. Respondents wishing to exempt appropriate portions of their Responses from disclosure as public records are encouraged to discuss their concerns with the Broker by email at Rob@RobEllsworth.com, before submitting a response. Broker Contact Rob Ellsworth Senior Advisor SVN | Retter & Co. 329 N. Kellogg St. Kennewick, WA 99336 509.430.2378 Rob@RobEllsworth.com Page 127 of 184 Argent Road Property Pa g e 1 2 8 o f 1 8 4 Commercial Land – W. Argent Road Pa g e 1 2 9 o f 1 8 4 Request for Proposal RFP for Purchase and Development for the land Allows for: Soliciting interests from qualified developers. Provides more transparency and clarity to process and expectations. Direct comparison of all interests available. Select best value for the community. Pa g e 1 3 0 o f 1 8 4 Policy Decision Requesting approval to surplus the property to move forward with RFP. Pa g e 1 3 1 o f 1 8 4 AGENDA REPORT FOR: City Council April 10, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 4/15/24 FROM: Adam Lincoln, City Manager City Manager SUBJECT: Ordinance No. 4712 - Amending PMC Subsection 2.05.020(2) Related to Public Comments During Regular Workshop Meetings (5 Minutes) I. REFERENCE(S): Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4712, amending Pasco Municipal Code Regular during comments public related 2.05.020(2) Subsection to Workshop Meetings, and, further, authorize publication by summary only. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: During the Biennial City of Pasco Council Retreat, the City Council discussed providing the public the opportunity to provide comments on items during workshops meetings. In providing this opportunity, the public may speak up to two (2) minutes during the discussion of each topic placed on the Workshop Agenda with a total of eight (8) minutes allowed for public comment per topic after staff presentation and Council discussion. For controversial topics, the 8 minutes will be divided equally, to allow both sides the same amount of time to provide comments. V. DISCUSSION: Staff recommends adoption of the Ordinance amending PMC Subsection 2.05.020(2) related to public comments during Regular Workshop Meetings. Page 132 of 184 Page 133 of 184 Ordinance – Amending PMC 02.05.020 - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE SECTION 02.05.020 “REGULAR BUSINESS MEETINGS AND WORKSHOPS – ORDER OF BUSINESS” RELATED TO PUBLIC COMMENTS DURING REGULAR WORKSHOP MEETINGS. WHEREAS, at the Biennial City of Pasco (City) Council Retreat, the City Council discussed the merits of including an opportunity for the public to speak to discussion items on their regularly scheduled Workshop meetings; and WHEREAS, it was proposed that the public be able to speak up to two (2) minutes during the discussion of each topic placed on the Workshop Agenda with a total of eight (8) minutes allowed for public comment per topic so as to allow the public to provide feedback without unnecessarily extending Workshop meetings; and WHEREAS, for controversial topics, or topics where multiple members of the public wish to speak, the 8 minutes will be divided equally, to allow both sides the same amount of time to provide comments with the Mayor retaining the ability to amend the process to allow more comments equally divided; and WHEREAS, the City Council has determined the need to include opportunities for the public to speak when they are discussing items during their Workshops. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. 1hat Pasco Municipal Code Section 2.05.020 entitled “Regular business meetings and workshops – Order of business” is hereby amended and shall read as follows: 2.05.020 Regular business meetings and workshops – Order of business. (1) At all regular business meetings of the City Council the order of business shall be as follows: 1st Meeting instructions for remote access to meeting. 2nd Call to order. 3rd Roll call. 3(a) Pledge of allegiance. 4th Consent agenda (including approval of minutes and bills and communications). Page 134 of 184 Ordinance – Amending PMC 02.05.020 - 2 5th Proclamations and acknowledgments. 6th Public comments – the public may address Council on any items unless it relates to any scheduled public hearing, then the public will have an opportunity to speak during the public hearing. 7th Reports from committees and/or officers. 8th Public hearings and Council action on ordinances and resolutions relating thereto. When a public hearing is for a “closed record” issue, no new evidence may be presented and only those who participated in the “open record hearing” in front of the Hearing Examiner may testify and arguments must be summary only and not offer new evidence. 9th Ordinances and resolutions not relating to public hearings. 10th Unfinished business. 11th New business. 12th Miscellaneous Council discussion. 13th Adjournment. (2) At all workshop meetings of the City Council the order of business shall be as follows: 1st Meeting instructions for remote access. 2nd Call to order. 3rd Roll call. 3(a) Pledge of allegiance. 4th Verbal reports from Councilmembers. 5th Items for discussion with opportunity for Public Comment – the public may comment on each topic scheduled for discussion, up to 2 minutes per person with a total of 8 minutes per item. If opposing sides wish to speak, then both sides receive an equal amount of time to speak or up to 4 minutes each side. Page 135 of 184 Ordinance – Amending PMC 02.05.020 - 3 6th Miscellaneous Council discussion. 7th Adjournment. [Ord. 4643 § 1, 2023; Ord. 2765 § 1, 1990; Ord. 2257 § 1, 1981; Ord. 1807 § 1, 1976; Code 1970 § 2.02.020; Code 1954 § 1-3.08.] Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 4. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 136 of 184 AGENDA REPORT FOR: City Council April 10, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 4/15/24 FROM: Jacob Gonzalez, Director Community & Economic Development SUBJECT: *Q Ordinance No. 4713 - Ochoa Rezone from RS-20 to R-1 (Z 2024- 001) (5 minutes) I. REFERENCE(S): Ordinance Exhibit A - Hearing Examiner Recommendation Exhibit B - Map Report to Hearing Examiner Dated: January 10, 2024 PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: zoning the amending 4713, No. adopt to move I Ordinance classification of certain real property located on the Northwest corner of Castle Holly Court and Road 56, Pasco, Franklin County, Washington, from RS-20 (Residential Suburban) to R-1 (Low-Density Residential), and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On March 13, 2024, the Hearing Examiner held a public hearing to consider a request to rezone property at 916 Road 56 (Parcel No. 119631060) located on the Northwest corner of Castle Holly Court and Road 56, Pasco, Franklin County, Washington, from RS-20 (Residential Suburban) to R-1 (Low-Density Residential). Following the conduct of the public hearing, the Hearing Examiner recommended approval of the applicant's request for a rezone. Page 137 of 184 No appeals of this recommendation have been received. V. DISCUSSION: The applicant, Juan Ochoa, submitted a request to rezone the property located at Parcel No. 119631060 from RS-20 (Residential Suburban) to R-1 (Low- Density Residential) to facilitate residential development on the site. The property and unit family single dwelling with developed is currently a associated appurtenances. 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 RS-20 zoning in 2013 via Ordinance No. 4078. 2. The changed conditions, which are alleged to warrant other or additional zoning: In 2013 the site was annexed into the City and assigned the Low-Density Residential designation. Since 2013 the City of Pasco's Comprehensive Plan has to acre per unit dwelling 3 6 a reflect to updated been minimum requirement for land designated as Low-Density Residential. It is not possible to current the Suburban) (Residential under zoned land develop RS-20 Comprehensive Plan, a rezone from RS-20 to R-1 (Low-Density Residential) would allow the property to develop to Pasco Comprehensive Plan requirements. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The Low Density Residential designation allows for RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 zoning; development with a higher density of dwelling units per acre will help reduce urban sprawl and increase home ownership. 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 Page 138 of 184 Use of Low Density Residential. 5. The effect on the property owner or owners if the request is not granted: If the rezone request is not granted the subject property may be developed under the development standards for RS-20 zoning. RS-20 zoning does not allow for development consistent with the City of Pasco's Comprehensive Plan. 6. The Comprehensive Plan land use designation for the property: The City of Pasco Comprehensive Plan designates the site as Low Density Residential which allows for both the RS-12 and R-1 zoning and requires a density of 3 to 6 dwelling units per acre for both zoning designations. 7. Such other information the Hearing Examiner requires: The rezone 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". 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 RS-20 (Residential Suburban) to R-1 (Low-Density Residential), without a concomitant agreement. Staff concurs with the Hearing Examiner's recommendation, that Parcel No. 119631060, in Pasco WA., be rezoned from RS-20 (Residential Suburban) to R-1 (Low-Density Residential). Page 139 of 184 Ordinance Rezone Z 2024-001 – Ochoa - 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 NORTHWEST CORNER OF CASTLE HOLLY COURT AND ROAD 56, PASCO, FRANKLIN COUNTY, WASHINGTON, FROM RS-20 (RESIDENTIAL SUBURBAN) TO R-1 (LOW- DENSITY RESIDENTIAL). WHEREAS, Juan Ochoa, the Petitioner seeks to rezone Parcel No. 119631060, located at 916 Road 56, 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 March 13, 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 t he regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant agreement is not required under these circumstances; and (f) the proposal is consistent with and satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to approve the rezone, which findings and recommendation are hereby adopted by the City Council, and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Page 140 of 184 Ordinance Rezone Z 2024-001 – Ochoa - 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 RS-20 (Residential Suburban) to R-1 (Low Density Residential) for the real property as shown in the Exhibit B attached hereto and described as follows: SHORT PLAT 98-17 LOT 1 Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 4. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 141 of 184 CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) ) ) ) ) ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2024-001 Ochoa THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on March 13, 2024, 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: SHORT PLAT 98-17 LOT 1 1.2 General Location: Located on northwest comer of Road 56 and Castle Holly Court in Pasco, WA. 1.3 Property Size: Approximately 3.34 Acres. 1.4 Request: Rezone 916 Road 56 (Parcel #119-631-060) Rezone from RS-20 (Residential Suburban) to R-1 (Low-Density Residential). 1.5 Owner/Applicant: Juan Ochoa, 916 Road 56, Pasco, WA 99301. 2.ACCESS: The parcel has access on Road 56 and Castle Holly Court. 3.UTILITIES: Municipal water is available in Road 56 and Castle Holly Court, municipal sewer is located approximately 750 feet to the south at the intersection of Road 56 and W Sylvester Street. 4.LAND USE AND ZONING: The site is zoned RS-20 (Residential Suburban) and is developed with a single-family dwelling unit and various accessory structures. Surrounding properties are zoned and developed as follows: NORTH: RS-20 LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLINGS EAST: RS-20 LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLINGS SOUTH: RS-20 LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLINGS WEST: RS-20 LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLINGS 5.COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan designates this site as "Low Density Residential." The Low-Density Residential designation is described as a variety of residential housing at a density of 3 to 6 dwelling units per acre, and may be assigned RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 designations. Per Pasco Municipal Code (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 Z 2024 001 Ochoa Rezone Page 1 of 5 Exhibit A Page 142 of 184 than the corresponding maximum density expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC. This rezone request supports Housing Goal H-1 of the Comprehensive Plan, which encourages housing for all economic segments of the city's population consistent with the local and regional market. The rezone request is also in line with Housing Policy H-1-A which encourages the City to allow for a full range of housing including single family homes, townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units, zero lot line, planned unit developments etc. 6.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for th is 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. 7.REQUEST: Applicant Juan Ochoa wishes to rezone 916 Road 56 (Parcel 119-631-060) in Pasco, WA 99301 from RS-20 (Residential Suburban) to R-1 (Low-Density Residential). The sites comprise approximately 3.34 acres. The underlying Land Use Code is "Low Density Residential," which specifies 3 to 6 dwelling units (DU) per acre. The proposed rezone does not include a project action. It is anticipated that should the rezone be approved a subsequent subdivision 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. 8.IDSTORY: The site was annexed into the City in 2013 via Ordinance 4077 and subsequently assigned the RS-20 (Residential Suburban) zoning designation via Ordinance 4078. The site contains an existing dwelling and pole building that were constructed around 1976. 9.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: 9.1 The date the existing zone became effective: 9.1.1 The site was assigned RS-20 zoning in 2013 via Ordinance 4078. 9.2 The changed conditions, which are alleged to warrant other or additional zoning: 9.2.1 In 2013 the site was annexed into the City and given the Low-Density Residential designation, and has remained so since. Since 2013, the City of Pasco's Comprehensive Plan has been updated to reflect a 3 to 6 dwelling unit (DU) requirement for the Low Density Residential Land Use Code. It is not possible to develop to the minimum density requirements without rezoning to another district allowed in the under Low Density Residential Land Use. A rezone from RS-20 (Residential Suburban) to R-1 (Low­ Density Residential) will allow the property to be developed to density requirements of Pasco's Comprehensive Plan. 9.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 9.3.1 The Low Density Residential designation allows for RS-20, RS-12, RS-1, R- 1, R-1-A, and R-1-A2 zoning; development with a higher density of dwelling units per acre will help reduce urban sprawl and increase home ownership. Z 2024 001 Ochoa Rezone Page 2 of 5 Page 143 of 184 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. 9.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 9.4.1 A change in zoning would be consistent with the Comprehensive Plan Future Land Use Map designation for the site which is Low Density Residential. The proposed land usage matches that of the adjacent properties and have a positive impact on neighboring properties. The proposed rezone would allow for development between 3 to 6 dwelling units per acre, a requirement applicable to both the RS-20 and the R-1 zoning districts but is unobtainable due to RS-20 minimum lot size requirements. Any subsequent development actions, such as platting, will be subject to Washington's State Environmental Policy Act (SEPA) review. This review includes identifying and mitigating any impacts to the natural and built environment. 9.5 The effect on the property owner or owners if the request is not granted: 9 .5 .1 If this rezone request is not granted, the subject property may be developed under the development standards for RS-20 zoning. RS-20 zoning does not allow for development meeting the minimum density requirements in PMC 25.215.015 and the City of Pasco Comprehensive Plan would allow for development between 3 to 6 dwelling units per acre. 9.6 The Comprehensive Plan land use designation for the property: 9.6.1 The City of Pasco Comprehensive Plan designates this site as "Low Density Residential." The Low Density Residential designation provides a variety of residential housing at a density of 3 to 6 dwelling units per acre, and may be assigned RS-20, RS-12, RS-1, R-1, R-1-A, and R-l-A2 zoning. 9.6.2 Per PMC 25.215.015 maximum gross density of any proposed development within any zoning district, expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC. 9. 7 Such other information as the Hearing Examiner requires. 9. 7 .1 The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals. 10.Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on February 28, 2024. 11.An open record public hearing after due legal notice was held March 13, 2024, with the Planning Department staff and public appearing in person and the Hearing Examiner appearing via videoconference. 12. Appearing at the hearing was Juan Ochoa. Mr. Ochoa stated that he was the Applicant/property owner and that he agreed with the staff report. Z 2024 001 Ochoa Rezone Page 3 of 5 Page 144 of 184 13.The following individual testified as a member of the public: 13.1 Alan Brothers. Mr. Brothers testified as to his concerns regarding what is allowed in zoning district R-1, particularly concerning courtyard apartments. He would like to see lower density in this area. 14.The staff report, application materials, agency comments and the entire file of record were admitted into the record. 15.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II.RECOMMENDED CONCLUSIONS OF LAW Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact from which to draw those conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1.The Land Use Element of the Comprehensive Plan designates the lot "Low Density Residential." A change in zoning would be consistent with the comprehensive plan Land Use Map designation for the site and could further the goals and policies of the Comprehensive Plan such as: 1.1 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. 1.2 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 growthpatterns and market demand within each of the City's land use designations 1.3 LU-5-A Policy: Allow a variety of residential densities throughout the UGA 1.4 LU-2-F Policy: Discourage developments dependent on septic system, and at a density below the minimum, to sustain an urban level of services. 2.The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 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. A rezone from RS-20 to a different zoning district would allow the property to be further developed as the current zoning does allow for development meeting minimum density requirements. 2.2 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 SEP A process. 3.There is merit and value in the proposal for the community as a whole.3 .1 The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council. The proposal includes infill development and promotes the goals of the Low Density Residential Land Use Map Designation. 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 Z 2024 001 Ochoa Rezone Page 4 of 5 Page 145 of 184 Construction Standards. As such, no conditions should be imposed; any future development will be evaluated for significant adverse impacts at the time of a development application, which will also be subject to review under the State Environmental Policy Act (SEPA). 5.A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. 5.1 No Concomitant Agreement is considered necessary for this application. 6.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. ID. RECOMMENDED DECISION Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner RECOMMENDS APPROVAL that 916 Road 56 (Parcel 119631060 be rezoned from RS-20 (Residential Suburban) to R-1 (Low-Density Residential. Dated this /�day ofMarch, 2024. CITY OF PASCO HEARING EXAMINER d!io!f:r? Z 2024 001 Ochoa Rezone Page 5 of 5 Page 146 of 184 Pa g e 1 4 7 o f 1 8 4 REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, 13 March 2024 6:00 PM 1 MASTER FILE #: Z 2024-001 APPLICANT: Juan Ochoa 916 Road 56 Pasco, WA 99301 REQUEST: REZONE: 916 Road 56 (Parcel #119-631-060) Rezone from RS- 20 (Residential Suburban) to R-1 (Low-Density Residential) Timeline: 17 Jan 2024 Application Submitted 29 Jan 2024 Application Deemed Complete 29 Jan 2024 SEPA Determination of Non-Significance Issued 28 Feb 2024 Application Noticed for Public Hearing 6 March 2024 Public Hearing Staff Report Published BACKGROUND 1. PROPERTY DESCRIPTION: Legal: SHORT PLAT 98-17 LOT 1 General Location: Located on northwest corner of Road 56 and Castle Holly Court. Property Size: Approximately 3.34 Acres 2. ACCESS: The parcel has access on Road 56 and Castle Holly Court. 3. UTILITIES: Municipal water is available in Road 56 and Castle Holly Court, municipal sewer is located approximately 750 feet to the south at the intersection of Road 56 and W Sylvester Street. 4. LAND USE AND ZONING: The site is zoned RS-20 (Residential Suburban) and is developed with a single-family dwelling unit and various accessory structures. Surrounding properties are zoned and developed as follows: NORTH: RS-20 LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLINGS EAST: RS-20 LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLINGS SOUTH: RS-20 LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLINGS WEST: RS-20 LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLINGS Page 148 of 184 2 5. Comprehensive Plan: The City of Pasco Comprehensive Plan designates this site as “Low Density Residential.” The Low-Density Residential designation is described as a variety of residential housing at a density of 3 to 6 dwelling units per acre, and may be assigned RS-20, RS-12, RS-1, R- 1, R-1-A, and R-1-A2 designations. Per Pasco Municipal Code (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. This rezone request supports Housing Goal H-1 of the Comprehensive Plan, which encourages housing for all economic segments of the city’s population consistent with the local and regional market. The rezone request is also in line with Housing Policy H-1-A which encourages the City to allow for a full range of housing including single family homes, townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units, zero lot line, planned unit developments etc. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act (“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 Juan Ochoa wishes to rezone 916 Road 56 (Parcel 119-631-060) in Pasco, WA 99301 from RS- 20 (Residential Suburban) to R-1 (Low-Density Residential). The sites comprise approximately 3.34 acres. The underlying Land Use Code is “Low Density Residential,” which specifies 3 to 6 dwelling units (DU) per acre. The proposed rezone does not include a project action. It is anticipated that should the rezone be approved a subsequent subdivision 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 in 2013 via Ordinance 4077 and subsequently assigned the RS-20 (Residential Suburban) zoning designation via Ordinance 4078. The site contains an existing dwelling and pole building that were constructed around 1976. 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 RS-20 zoning in 2013 via Ordinance 4078. 2. The changed conditions, which are alleged to warrant other or additional zoning: In 2013 the site was annexed into the City and given the Low-Density Residential designation, and has remained so since. Since 2013, the City of Pasco’s Comprehensive Plan has been updated to reflect a 3 to 6 dwelling unit (DU) requirement for the Low Density Residential Land Use Code. It is not possible to Page 149 of 184 3 develop to the minimum density requirements without rezoning to another district allowed in the under Low Density Residential Land Use. A rezone from RS-20 (Residential Suburban) to R-1 (Low-Density Residential) will allow the property to be developed to density requirements of Pasco’s Comprehensive Plan. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The Low Density Residential designation allows for RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 zoning; development with a higher density of dwelling units per acre will help reduce urban sprawl and increase home ownership. 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 Future Land Use Map designation for the site which is Low Density Residential. The proposed land usage matches that of the adjacent properties and have a positive impact on neighboring properties. The proposed rezone would allow for development between 3 to 6 dwelling units per acre, a requirement applicable to both the RS-20 and the R-1 zoning districts but is unobtainable due to RS-20 minimum lot size requirements. Any subsequent development actions, such as platting, will be subject to Washington’s State Environmental Policy Act (SEPA) review. This review includes identifying and mitigating any impacts to the natural and built environment. 5. The effect on the property owner or owners if the request is not granted: If this rezone request is not granted, the subject property may be developed under the development standards for RS-20 zoning. RS-20 zoning does not allow for development meeting the minimum density requirements in PMC 25.215.015 and the City of Pasco Comprehensive Plan would allow for development between 3 to 6 dwelling units per acre 6. The Comprehensive Plan land use designation for the property: The City of Pasco Comprehensive Plan designates this site as “Low Density Residential.” The Low Density Residential designation provides a variety of residential housing at a density of 3 to 6 dwelling units per acre, and may be assigned RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 zoning. Per PMC 25.215.015 maximum gross density of any proposed development within any zoning district, expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC. 7. Such other information as the Hearing Examiner requires: The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals. Page 150 of 184 4 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 February 28th, 2024. 2. Applicant wishes to rezone Parcel 119631060 from RS-20 (Residential Suburban) to R-1 (Low- Density Residential). 3. The sites comprise approximately 3.34 acres. 4. The underlying Land Use code specifies 3 to 6 dwelling units (DU) per acre. 5. The site was assigned RS-20 zoning in 2013 via Ordinance 4078. 6. Subsequent developments will be required to submit State Environmental Policy Act (SEPA) Checklists that consider the elements of the environment, under WAC 197-11-444, which include a great number of items but can briefly be described as the natural and built environment. Any proposals that would cause a significant impact to the environment would be mitigated through the SEPA process. 7. The City’s 2018-2038 Comprehensive Plan Land Use Map designates the site as “Low Density Residential”. 8. The “Low Density Residential” designation may be developed with a variety of residential housing including single family dwellings, zero lot line dwellings, multiple dwellings, duplexes, triplexes, and courtyard apartments. 9. Parcel 119631060 contains a single-family dwelling and pole building built around 1976. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The Land Use Element of the Comprehensive Plan designates the lot “Low Density Residential.” A change in zoning would be consistent with the comprehensive plan Land Use Map designation for the site and could further the goals and policies of the Comprehensive Plan such as: • 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. • 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. • LU-5-A Policy: Allow a variety of residential densities throughout the UGA. • LU-2-F Policy: Discourage developments dependent on septic system, and at a density below the minimum, to sustain an urban level of services. 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. A rezone from RS-20 to a different zoning district would Page 151 of 184 5 allow the property to be further developed as the current zoning does allow for development meeting minimum density requirements. 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 Low 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 significant adverse impacts at the time of a development application, which will also be subject to review under the State Environmental Policy Act (SEPA). 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. No Concomitant Agreement is considered necessary for this application. RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions herein, that 916 Road 56 (Parcel 119631060 be rezoned from RS-20 (Residential Suburban) to R-1 (Low-Density Residential). Page 152 of 184 Pa g e 1 5 3 o f 1 8 4 Pa g e 1 5 4 o f 1 8 4 Pa g e 1 5 5 o f 1 8 4 Pa g e 1 5 6 o f 1 8 4 Pa g e 1 5 7 o f 1 8 4 The picture can't be displayed. Looking North Pa g e 1 5 8 o f 1 8 4 The picture can't be displayed. Looking Northeast Pa g e 1 5 9 o f 1 8 4 The picture can't be displayed. Looking East Pa g e 1 6 0 o f 1 8 4 The picture can't be displayed. Looking Southeast Pa g e 1 6 1 o f 1 8 4 The picture can't be displayed. Looking South Pa g e 1 6 2 o f 1 8 4 The picture can't be displayed. Looking Southwest Pa g e 1 6 3 o f 1 8 4 The picture can't be displayed. Looking West Pa g e 1 6 4 o f 1 8 4 The picture can't be displayed. Looking Northwest Pa g e 1 6 5 o f 1 8 4 Affidavit of Mailing In regards to MF# 22024-001 I, Carmen Patrick, hereby confirm that notification was sent by mail February 28, 2024 to the owners of the parcels within 300 feet of the proposed site. The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification. Given under my hand and official signature this 28 th day, February of 2024. Representative's Signature Page 166 of 184 NAME ADDRESS CITY STATE ZIP BRUCE NOURISH 1808 BELLEVUE AVE APT 504 SEATTLWA 98122 MARK PASSMORE (ET AL) 5610 CASTLE HOLLY CT PASCO WA 99301 BRETT T & SANDY D LOTT 5710 CASTLE HOLLY CT PASCO WA 99301 JUAN P & LAURIE OCHOA 916 N ROAD 56 PASCO WA 99301 SALVADOR BARAJAS 1020 ROAD 56 PASCO WA 99301 KEITH FRANKLIN & JENNIFER ROSE 1 008 N ROAD 56 PASCO WA 99301 ASAUL & MARIA C CAMPOS 1012 N ROAD 56 PASCO WA 99301 SIDNEY & NANCY ALBANO PO BOX 3776 PASCO WA 99302 GERALD & CATHALEEN STRIEGEL 822 ROAD 57 CT PASCO WA 99301 VIKTOR & LILIYA 817 RD 57 CT PASCO WA 99301 JOHN & LAURA BUTTERFIELD 821 ROAD 57 CT PASCO WA 99301 FATIMA SCOTTO-RODRIGUEZ (ETVIR 816 ROAD 56 PASCO WA 99301 MIKE J LAKE 1023 N ROAD 60 PASCO WA 99301 BRUCE R & PATRICIA (TR) BENNET 1017 N ROAD 60 PASCO WA 99301 SCHMIDT LIVING TRUST 5819 W PARK PL PASCO WA 99301 MICHAEL & DEBORAH LEWIS 5815 W PARK PL PASCO WA 99301 CARL FOSTER (ET AL) 5816 W PARK PL PASCO WA 99301 DALE F & CLORICE V KENNEDY (TR 5820 W PARK PL PASCO WA 99301 ALFONSO & MARGARITA ESCAMILLA 5805 W SYLVESTER ST PASCO WA 99301 TRAVIS CHARLES & JAIME ANN MIC 5821 W SYLVESTER ST PASCO WA 99301 DARWIN & VICKI WESTLUND 5809 W PARK PL PASCO WA 99301 GENNADIY S & MARIA Y BARBAROSH 909 N ROAD 56 PASCO WA 99301 KYLE ROBINSON (ET AL) 821 N ROAD 56 PASCO WA 99301 ROBERT & DEBRA LYNN LOZIER (JR 1021 N ROAD 56 PASCO WA 99301 DAVID J WHITT (ETAL ) 1015 N ROAD 56 PASCO WA 99301 VIERKYS G SANCHEZ CABRERA (ETUX 1005 ROAD 56 PASCO WA 99301 SYLVIA J SCHAFFER (TRUSTEE) 921 N ROAD 56 PASCO WA 99301 JOSHUA HOWELL 1014 N ROAD 55 PASCO WA 99301 3HERYL & PETER ROBERTS 1004 ROAD 55 PASCO WA 99301 \LAN BROTHERS 1002 N ROAD 55 PASCO WA 99301 5HAUNA MARIE & KRISTOFOR HALLA 817 ROAD 56 PASCO WA 99301 ~MIRO MENDOZA 1927 W SHOSHONE ST PASCO WA 99301 ::;ITY OF PASCO ATT : A HATTORI 545 N 3RD AVE PASCO WA 99301 Pa g e 1 6 7 o f 1 8 4 f Cityof Iii Pasco Community Development Department PO Box 293 , 525 N 3rd Ave, Pasco , WA 99301 P: 509 .545 .3441 / F: 509 .545 .3499 CITYOF PASCO PUBLIC NOTICE Si necesita ayuda para entender este aviso o necesita mas informaci6n, par favor Ila me 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 March 13, 2024 at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco , Washington . Proposal: Juan Ochoa has subm itted a Rezone application (Z 2024-001} from RS-20 (Residential Suburban) to R-1 (Low-Density Residential) for a parcel of 3.34 acres in size , located at 916 Road 56 (Parcel# 119-631 -060) in Pasco , WA 99301. The proposal is subject to regulat ions contained in the Pasco Municipal Code . Future site-specific development applications will be subject to SEPA environmental review and code requirements . Impact fees will apply . Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on March 6, 2024, to be included in the Hearing Examiner packet. If you have questions on the proposal, contact the Planning Division at (509) 905 -2604 or via e-mail to: hattoria@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 recommendation on the rezone within ten (10) days of the public hearing . Prepared 30 January 2024 by: Andrew Hattori, Planner II , PO Box 293 Pasco, WA 99301 (509) 905 -2604 The City of Pasco we lcomes full participation in public meetings by all citizens . No qual ified in dividua l wi th a disab ility shall be excluded or denied the benefit of participating in such meetings . If you wish to use auxi liary aids or requ ire ass istance to comment at thi s publ ic meeting , please contact the Commun ity Development Department at (509 ) 545-3441 or TDD (509 ) 585-4425 at least ten days prior to the da te of the meeting to make arrangements for special needs . Page 1 of 2 Page 168 of 184 Vicinity Map Item: Ochoa RS-20 to R-1 Applicant(s): Juan Ochoa File#: 22024-001 / SEPA2024-003 N A N ..... 0 N QJ 0.0 ro a.. Pa g e 1 6 9 o f 1 8 4 Z2024-001 (RS-20 to R-1) 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. Pa g e 1 7 0 o f 1 8 4 Z2024-001 (RS-20 to R-1) 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) Pa g e 1 7 1 o f 1 8 4 Z2023-013 (RS-12 to R-1) Public Hearing: • March 13, 2024 Hearing Examiner Determination: • Recommendation of Approval Site Information: • Parcel No: 119‐631‐060 • Size: 3.34 Acres • Land Use: Low Density Residential • Zoning: RS‐20 (Residential Suburban) • Proposed: R‐1 (Low‐Density Residential) Rezone Criteria: • PMC 25.210.030 Pa g e 1 7 2 o f 1 8 4 AGENDA REPORT FOR: City Council March 11, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 4/15/24 FROM: Maria Serra, Interim Director Public Works SUBJECT: *Resolution No. 4444 - Public Works Board $1M Loan Agreement - Butterfield WTP Improvements Pre-Construction (4 minutes) I. REFERENCE(S): Resolution Official Loan Notification Letter Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION:City the authorizing No. 4444, approve Resolution to move I Manager to execute a $1M Loan/Grant ($850K loan and $150K grant) with the Public Works Board for the Butterfield Water Treatment Plant Improvements Project. III. FISCAL IMPACT: The City of Pasco (City) was awarded a $1M low interest Loan/Grant to fund the design of the Butterfield Water Treatment Plant (WTP) Improvements project. The loan/grant is for an $850,000 loan and $150,000 grant and is administered by the Public Works Board (PWB) and has a 5-year term with a 1.38% interest rate. IV. HISTORY AND FACTS BRIEF: The City's potable water is provided by two different water treatment plant. The Butterfield WTP produces approximately three-quarters of the City's drinking water needs and is critical for residents, businesses, industrial users, and fire suppression systems. Drinking water plants are typically anticipated to have a service life of 50-80 years. Butterfield WTP was constructed in 1946. The Butterfield Facility Plan Update was completed in 2023 identifying the improvements and updates needed for the Butterfield WTP. The Butterfield WTP Improvements is a multi-phased project, starting with new Electrical Page 173 of 184 Building. V. DISCUSSION: Staff recommends approval of the $1M Preconstruction Loan/Grant from the PWB for the Butterfield WTP Improvements project. Page 174 of 184 Resolution – PWB Loan/Grant Award for Butterfield WTP - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE A $1M LOAN/GRANT ($850K LOAN AND $150K GRANT) WITH THE PUBLIC WORKS BOARD FOR THE BUTTERFIELD WATER TREATMENT PLANT IMPROVEMENTS PROJECT. WHEREAS, the Butterfield Water Treatment Plant (WTP), originally built in 1946, having been expanded and improved through the years has reached the end of its useful life; and WHEREAS, the City of Pasco (City) completed the Butterfield WTP Facilities Plan, which defines a capital improvement strategy to address capacity, water quality, safety, and end- of-life deficiencies; and WHEREAS, on March 21, 2024, the Public Works Board awarded the City of Pasco a low interest loan and grant for the design and construction of this project with a 1.38% interest rate and loan term of five (5) years; 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 to enter into this loan with the Public Works Board. 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 Loan between the City of Pasco and the Public Works Board, attached hereto and incorporated herein by as Exhibit A. Be It Further Resolved, that the City Council hereby authorizes the City Manager to execute to Loan Agreement between the City of Pasco and the Public Works Board; and to make minor substantive changes as necessary to execute the Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. Page 175 of 184 Resolution – PWB Loan/Grant Award for Butterfield WTP - 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 176 of 184 Washington State Public Works Board Post Office Box 42525 Olympia, Washington 98504-2525 Administrative services provided by the Department of Commerce (360) 725-2744 Fax (360) 586-8440 www.pwb.wa.gov March 21, 2024 Adam Lincoln, City Manager City of Pasco 525 N. 3rd Ave Pasco, WA 99301 Dear Adam Lincoln, Thank you for applying to the Public Works Board (PWB) Pre-construction Program. Congratulations, the PWB conditionally approved your pre-construction application at its February 2, 2024 board meeting. Your Butterfield WTP Improvements - Project 1 project has been awarded $1,000,000. The approval date is the award date. Any eligible costs incurred from that date forward are reimbursable. The threshold checks and underwriting for your project are complete. The PWB offers this rate and term for your project: the award will be $850,000 as a loan and $150,000 as a grant. The loan interest rate is 1.38% with a loan term of 5 years. The PWB processes contracts electronically. Upon receipt of the contract, please facilitate its review through your internal process in a timely manner and return an executed contract within 6 months. Failure to do so in that timeframe will result in withdrawal of the award. Once again, thank you for applying to the Public Works Board. Please contact PWB Programs Manager Tammy Mastro by email at tammy.mastro@commerce.wa.gov if you have any questions. Sincerely, Sheila Richardson PWB Programs Director and Tribal Liaison cc: Application File Page 177 of 184 Pasco City Council Regular Meeting April 15, 2024 Pa g e 1 7 8 o f 1 8 4 PWB Loan/Grant Acceptance for Butterfield WTP Improvements S. 12 th Ave S. 13 t h A v e W. A St. W. Ainsworth St Butterfield WTP (current) Pa g e 1 7 9 o f 1 8 4 PWB Loan/Grant Acceptance for Butterfield WTP Improvements S. 12 th Av e S. 1 3 t h A v e W. A St. W. Ainsworth St Butterfield WTP (conceptual rendering) Pa g e 1 8 0 o f 1 8 4 PWB Loan/Grant Acceptance for Preconstruction - Butterfield WTP Improvements •Amount Total $1M ($850K Loan and $150K Grant) •Terms 1.38 % Interest for 5-Years for Loan Pre-Construction Work to cover design of new electrical bldg permanent standby generator Pa g e 1 8 1 o f 1 8 4 Questions? Pa g e 1 8 2 o f 1 8 4 QUALITY OF LIFE Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure including, but not limited to: • Completion of Transportation System Master Plan and design standard updates to promote greater neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.; connectivity, walkability, aesthetics, sustainability, and community gathering spaces. • Completion of the Parks, Recreation and Open Space Plan and development of an implementation strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address the needs of the growing population. FINANCIAL SUSTAINABILITY Enhance the long-term viability, value, and service levels of services and programs, including, but not limited to: • Adopting policies and strategic investment standards to assure consistency of long-range planning to include update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new development, e.g.; schools, traffic, parks, and fire. COMMUNITY TRANSPORTATION NETWORK Promote a highly functional multi-modal transportation system including, but not limited to: • Application of the adopted Transportation System Master Plan including development of policies, regulations, programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal systems, accessibility, efficiency, and safety. COMMUNITY SAFETY Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment including, but not limited to: • Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the current Washington State Rating Bureau Class 3 community rating. • Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance with legislative mandates. ECONOMIC VITALITY Promote and encourage economic vitality including, but not limited to: • Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes, phased sign code update, and development regulations and standards. • Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use Plan such as Downtown and Broadmoor Master Plans. • Development of an Economic Development Plan, including revitalization efforts. COMMUNITY IDENTITY Identify opportunities to enhance community identity, cohesion, and image including, but not limited to: • Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities to further inclusivity, community engagement, and inter-agency and constituent coordination efforts. • Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events within the community. Page 183 of 184 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 184 of 184