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HomeMy WebLinkAbout2024.06.10 Council Workshop Packet AGENDA City Council Workshop Meeting 7:00 PM - Monday, June 10, 2024 Pasco City Hall, Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City Council Workshops 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. To listen to the meeting via phone, call (914) 614-3221 and use access code 347-125-017. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. VERBAL REPORTS FROM COUNCILMEMBERS 5. PUBLIC HEARINGS 3 - 20 (a) Second (2nd) Public Hearing - 2025-2030 Transportation Improvement Plan CONDUCT PUBLIC HEARING 6. ITEMS FOR DISCUSSION WITH OPPORUTNITY 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. 21 - 26 (a) Ordinance - New PMC Section 9.80.035 Sitting, Lying on Sidewalk in Designated Zone (4 minutes) 27 - 31 (b) Resolution - First Amendment to Exclusive Agreement with Redflex Traffic Systems, Inc. for Photo Enforcement Program (5 Page 1 of 51 minutes) 32 - 38 (c) Road 40 East Extension Update (3 minutes) 39 - 49 (d) Franchise Agreement - US Cellular (5 minutes) 7. MISCELLANEOUS COUNCIL DISCUSSION 8. EXECUTIVE SESSION (a) Discussion with Legal Counsel About Current or Potential Litigation per RCW 42.30.110(1)(i) (25 minutes) 9. ADJOURNMENT 10. ADDITIONAL NOTES 50 - 51 (a) Adopted Council Goals (Reference Only) (b) 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 2 of 51 AGENDA REPORT FOR: City Council June 4, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 6/10/24 FROM: Jacob Gonzalez, Director Community & Economic Development SUBJECT: Public Hearing - 2025-2030 Transportation Improvement Plan I. REFERENCE(S): Draft 2025-2030 Transportation Improvement Plan 2025-2030 TIP Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: As part of the City’s effort to provide for the proper and necessary development of a functional transportation network, the City shall, as required by State law (RCW 35.77.010), develop and adopt annually a Six-Year Transportation Improvement Plan (Six-Year TIP) with such program acting as a guide for the coordinated development of the City's transportation system. The Six-Year TIP of the City specifically sets forth those projects and programs of both City and regional significance that benefit the transportation system and promote public safety and efficient multi-modal movement. Projects in the TIP are selected from master plans such as the Transportation System Master Plan, Broadmoor Master Plan, Downtown Pasco Master Plan, and identified are they Additionally, through Safety Road Local Plan. community engagement, stakeholder coordination (e.g., with the Pasco School District and and improvements), School operational Routes Safe for to maintenance needs identified by City Departments. This 2025-2030 annual update will be referred to as the Transportation Improvement Plan and is being coordinated by the Community and Economic Page 3 of 51 Development and Public Works Departments. Update of the Six-Year TIP and subsequent submission to the State are statutory requirements, and while the program is not required to be fiscally constrained, the program should be practical and feasible. The Council will see many of these projects again, incorporated with the annual Six-Year Capital Improvement Plan and the biennial budgeting process in the coming months. Staff provided an introductory presentation to the City Council, outlining the process and next steps in preparing the 2025-2030 project list at the May 28 and June 3rd City Council Meetings. Information about the Transportation Improvement Plan can found on the city website: https://www.pasco-wa.gov/CivicAlerts.aspx?AID=1499 V. DISCUSSION: The TIP outlines a comprehensive list of projects aimed at improving the city’s transportation and enhancing mobility, ensuring infrastructure, safety, supporting economic growth. Project Types The proposed TIP includes a variety of project types to address different aspects total, plan 2025-2030 the In transportation city’s the of needs. proposes a total of 50 projects, a decrease from the 77 projects included in last years iteration. This reduction signifies a focus on high-priority and impactful projects that align more closely with adopted plans, community input and available funding. Project types included in the TIP are specified below:  Pavement Preservation: Maintaining and extending the life of road surfaces.  Intersection Improvements: Enhancing safety and traffic flow at key intersections.  Pedestrian and Bicycle Access: Improving pathways and crossings for non-motorized users.  Safety Improvements: Implementing measures to reduce accidents and injuries. The proposed plan includes:  Improvement projects: one time implementation/construction activity;  Programs: a recurring activity that is deployed in different locations; and  Plans and analysis: evaluations that help plan for future implementation projects. Page 4 of 51 Proposed New Projects: Several new projects have been introduced in the 2024 TIP update. These include:  Lewis Street Pavement Preservation: for pavement preservation from US12 to 27th Ave.  Ainsworth Ave Pavement Preservation: for pavement preservation from Oregon Ave to 10th Ave.  Lewis Street Underpass Demolition: for the demolition from 1st Ave to Tacoma Ave.  I-182/Broadmoor Blvd I/C Improvements - Westbound: for intersection improvements.  Pedestrian/Bike Gap Program: Various projects across multiple locations.  Neighborhood Traffic Calming Program: Various projects across multiple locations.  Comprehensive Safety Action Plan (SS4A): for city-wide safety improvements.  Citywide Injury Minimization and Speed Management Implementation: for safety measures.  Commercial Ave/Kartchner St. Intersection Improvements: for intersection improvements.  Sign Reflectivity Analysis and Implementation: for city-wide analysis and upgrades. Funding: The total projected cost for all listed projects is approximately $261.6 million. The TIP utilizes a mix of funding sources, including secured grants, planned grants, local funds, and private contributions. This diversified funding approach helps to minimize the financial burden on the city's budget and ensures the feasibility of the projects. The TIP provides cost estimates broken down over the years 2025-2030. Public Outreach Schedule Staff has actively promoted the 2025-2030 Transportation Improvement Plan in an effort to solicit community feedback, input, and to address comments and questions from community members. Public engagement efforts completed so far include three outreach events, including:  Tuesday June 4 in coordination with Pasco Police Department's District 2 Community Meeting  Wednesday June 5 at Café con Arte  Thursday June 6 at Kurtzman Park Page 5 of 51 A fourth (4th) outreach event will be conducted on Tuesday, June 11 from 5pm - 7pm at Delta High School (5801 Broadmoor Blvd). The City of Pasco website offers an option for online submission of comments. Additionally, physical copies of flyers have been distributed to the public in collaboration with the Pasco School District. A public hearing was held at the June 3rd City Council Regular meeting, and a second Public Hearing will be conducted on June 10th. The Draft/Proposed 2025-2030 Transportation Improvement Plan is crafted to address both immediate infrastructure needs and long-term enhancements. It aligns and studies, and efforts TIP transportation adopted with planning Program requirements by focusing on safety, infrastructure preservation, and mobility, economic impact, and community input. Staff welcomes encourages feedback on the proposed list and will incorporate comments into upcoming presentations. Page 6 of 51 DRAFT Proposed 2025‐2030 Transportation Improvement Plan Rev A. 5/28/2024 Column2 Prior # NEW Project Title Road Name  Begin/End Termini PE ROW CONST Total  Ranked Funding Type prior Year 2025 Year 2026 Year 2027 Year 2028 Year 2029 Year 2030 1 6.05 Burns Rd/Broadmoor Blvd Intersection Improvements  Burns Road Broadmoor Blvd 640,000$                2,800,000$                 3,440,000$                          1 Tax Increment Financing/Private Contrib 1,940,000$            1,500,000$                      2 6.13 Sandifur Pkwy Extension  Sandifur Parkway Broadmoor Blvd/Road 108 1,100,000$            10,300,000$               11,400,000$                       1 Tax Increment Financing 1,100,000$            10,300,000$                   3 6.14 Revised Limits Sandifur Pkwy/Broadmoor Blvd Intersection Improvements  Broadmoor Boulevard Sandifur Parkway/Burns Road 450,000$                 50,000$                 4,300,000$                 4,800,000$                          1 Tax Increment Financing 500,000$               4,300,000$                      4 3.06 Rd 40 E Extension  Road 40 East  'A' Street/ East Lewis Place 150,000$                250,000$               933,000$                     1,333,000$                          1 Local funds 400,000$               933,000$                         5 6.11 Revised Limits Road 108  Extension Road 108 Harris Road/Sandifur 300,000$                3,000,000$                 3,300,000$                          1 Tax Increment Financing 300,000$               3,000,000$                      6 5.02 Burns Rd Extension ‐ Missing link Burns Road Road 68/Rio Grande Lane 1,000,000$            2,000,000$           5,000,000$                 8,000,000$                          1 Local Funds/Private contributions 150,000$               1,850,000$                      1,500,000$                     8,000,000$                       7 2.01 W 'A' St/6th Ave Pedestrian Crossing A Street 6th Ave 190,000$                552,000$                     742,000$                             1 Secured Grant 150,000$               552,000$                         8 New 2024 Lewis Street Pavement Preservation Lewis Street US12/27th Ave 440,000$                250,000$               4,516,000$                 5,206,000$                          1 Secured Grant/local funds 100,000$               150,000$                         300,000$                        4,516,000$                       9 4.02 SRTS Argent Rd/Rd 88 Ped Xing + Sandifur Pkwy/Rd 90 Ped Xing Argent Road Road 88 197,008$                942,048$                     1,139,056$                          1 Secured grant 57,008$                 100,000$                         942,048$                        10 New 2024 Ainsworth Ave Pavement Preservation Ainsworth Ave Oregon Ave/10th ave 440,000$                250,000$               1,412,000$                 2,102,000$                          1 Secured Grant 50,000$                 350,000$                         250,000$                        1,412,000$                       11 New 2024 Lewis Street Underpass Demolition Lewis Street 1st Ave to Tacoma Ave 300,000$                2,500,000$                 2,800,000$                         1 Planned grant 2,800,000$                      12 2.06 Sylvester St Overpass Pedestrian/Bicycle Access Sylvester Street US 395 Overpass 580,660$                3,189,340$                 3,770,000$                          1 Secured Grant 340,660$                         2,189,340$                     1,189,340$                       13 1.02 City Wide Traffic Signal Improvements (Phase 3) Multiple Locations Multiple Locations  100,000$                2,500,000$                 2,600,000$                          1 Planned Grant 100,000$                         2,500,000$                     14 6.02 I‐182/Broadmoor Blvd I/C Multiuse Pathway/Bridge Broadmoor Boulevard I‐182 900,000$                7,300,000$                 8,200,000$                          2 Planned Grant/local funds 700,000$               3,650,000$                      3,650,000$                     15 2.03 Lewis Street Corridor Improvements (Phase 1) Lewis Street 2nd Ave/ 5th Ave 1,000,000$            8,000,000$                 9,000,000$                          2 Planned Grant/Local 450,000$               150,000$                        400,000$                          4,000,000$                      4,000,000$                     16 5.08 Rd 76 Overpass Road 76 Chapel Hill/Burden Blvd 3,500,000$            1,500,000$           25,000,000$               30,000,000$                       2 Planned grant /Private contributions/local funds 2,600,000$                      2,400,000$                     8,000,000$                       12,000,000$                   5,000,000$                     17 5.13 Sandifur Pkwy/Rd 76 Intersection Improvements  Sandifur Parkway Road 76 331,000$                1,620,000$                 1,951,000$                          2 Planned Grant 331,000$                         1,620,000$                     18 2.05 South 4th Ave (Festival Street Improvements) S 4th Avenue Lewis Street / Columbia Street 250,000$                750,000$                     1,000,000$                          2 Planned Grant 250,000$                         750,000$                        19 2.09 Clark St Improvements Clark Street 10th St/2nd St 190,000$                850,000$                     1,040,000$                          2 Planned Grant 250,000$                          750,000$                         20 2.10 Columbia St Improvements Columbia Street 10th St/2nd St 190,000$                850,000$                     1,040,000$                          2 Planned Grant 250,000$                          750,000$                         21 5.16 Burden Blvd/Rd 60 Intersection Improvements  Burden Road Road 60 350,000$                1,800,000$                 2,150,000$                          2 Planned Grant/Private Contributions 350,000$                        1,800,000$                       22 5.17 Burden Rd/Madison Ave Intersection Improvements Burden Road Madison Ave 350,000$                1,800,000$                 2,150,000$                          2 Planned Grant/Private Contributions 350,000$                        1,800,000$                       23 5.18 Burden Rd/Rd 44 Intersection Improvements Burden Road Road 44 350,000$                1,800,000$                 2,150,000$                          2 Planned Grant/Private Contributions 350,000$                        1,800,000$                       24 3.09 Revised Scope Rd 40 East Pathway Road 40 East  Sacajawea Park/East Lewis Place 250,000$                700,000$               800,000$                     1,750,000$                          3 Planned grant 500,000$                        550,000$                          800,000$                         25 4.05 Court St Safety Improvements Court Street Road 40/Road 68 70,000$                  300,000$                     370,000$                             3 Planned Grant 70,000$                           300,000$                          26 2.04 Lewis Street Corridor Improvements (Phase 2) Lewis Street 5th Ave/10th Ave 700,000$                4,500,000$                 5,200,000$                          3 Planned Grant/Local 400,000$                          300,000$                         2,500,000$                     2,000,000$                     27 3.03 Lewis St/Heritage Blvd Intersection Improvements  Lewis Street Heritage Blvd 400,000$                2,000,000$                 2,400,000$                          3 Local Funds/private contributions 400,000$                          1,500,000$                      500,000$                        28 New 2024 Commercial Ave/Kartchner St. Intersection Improvements Commercial Ave Kartchner 400,000$                2,000,000$                 2,400,000$                         3 Local Funds/private contributions 400,000$                          2,000,000$                      29 3.07 Rainier Ave/Kartchner St Intersection Improvements Rainier Ave Kartchner 400,000$                2,000,000$                 2,400,000$                          3 Local Funds/private contributions 400,000$                          2,000,000$                      30 5.21 Sandifur Pkwy/Rd 84 Intersection Improvements  Sandifur Parkway Road 84 350,000$                1,900,000$                 2,250,000$                          3 Planned Grant/Private Contributions 350,000$                          1,900,000$                      31 4.09 Sacajawea Heritage Trail Levee Lowering Sacajawea Heritage Trail Road 54/Road 72 250,000$                3,000,000$                 3,250,000$                          3 Planned Grant 250,000$                          3,000,000$                      32 4.11 Court St Improvements‐ Ped/Bike Court Street Road 96/Harris Road 1,480,000$            5,760,000$                 7,240,000$                          3 Planned Grant 100,000$                          1,340,000$                      3,456,000$                     2,304,000$                     33 5.14 Revised Limits Rd 76 Improvements ‐ Sandifur Pkwy to Cordero Dr Wrigley Drive Road 76 300,000$                1,450,000$                 1,750,000$                          3 Local Funds 300,000$                         1,450,000$                     34 5.15 Sandifur Pkwy/Convention Dr Intersection Improvements Sandifur Parkway Convention Dr 331,000$                1,620,000$                 1,951,000$                          3 Local Funds/private contributions 331,000$                         1,620,000$                     35 5.19 Argent Rd Widening (Phase 4)  Argent Road Road 36/Road 52 1,180,000$            4,720,000$                 5,900,000$                          4 Planned Grant/local funds 1,180,000$                      2,360,000$                     2,360,000$                     36 4.07 Franklin County Irrigation District Canal Bicycle/Pedestrian Pathway N/A Road 100/Road 76 300,000$                500,000$               1,000,000$                 1,800,000$                          4 Planned Grant 300,000$                         500,000$                        1,000,000$                     37 4.08 Rd 100 Widening  Road 100 Court St/Chapel Hill Blvd 825,000$                750,000$               7,000,000$                 8,575,000$                          4 Planned Grant 625,000$                         950,000$                        7,000,000$                     38 4.13 Court Street/Road 60 Intersection Improvements Court St Rd 60 400,000$                2,000,000$                 400,000$                             4 Planned Grant 400,000$                        2,000,000$                     39 6.15 Shoreline Rd Realignment  Shoreline Road Court/Burns Road 500,000$                2,500,000$           7,500,000$                 10,500,000$                       4 Planned Grant 250,000$                         2,000,000$                     1,000,000$                     40 3.01 James St Improvements  James Street Oregon Ave/Frontier Lp 250,000$                1,653,000$                 1,903,000$                          5 Local Funds 230,000$                        1,653,000$                     41 5.20 Burns Rd Extension to Glade Rd Burns Road "Road 44"/N Glade Road 4,800,000$            4,000,000$           19,200,000$               28,000,000$                       5 Planned Grant 2,400,000$                      3,400,000$                     3,000,000$                     42 6.08 Harris Rd / Crescent Rd Overpass Harris Road Harris Road/Crescent Rd 4,000,000$            5,000,000$           45,000,000$               54,000,000$                       5 Planned grant /Private contributions/local funds 1,000,000$                     3,000,000$                     43 6.18 New 2024 I‐182/Broadmoor Blvd I/C Improvements ‐ Westbound Broadmoor Boulevard I‐182 600,000$                5,000,000$                 5,600,000$                          5 Planned Grant/local match 450,000$                        44 New 2024 Ped/Bike Gap Program Multiple Locations Multiple Locations ‐$                                     2 Local funds 50,000$                            100,000$                        105,000$                          110,250$                         115,763$                        121,551$                        45 New 2024 Neighborhood Traffic Calming  program  Multiple Locations Multiple Locations ‐$                                     1 Local funds 300,000$               100,000$                         105,000$                        110,250$                          115,763$                         121,551$                        127,628$                        46 1.01 Annual Pavement Preservation  Multiple Locations Multiple Locations ‐$                                     1 Local funds 1,030,000$            1,060,000$                      1,102,400$                     1,146,496$                       1,192,356$                      1,240,050$                     1,289,652$                     47 New 2024 Comprehensive safety action Plan(SS4A)440,000$                440,000$                             1 Secured Grant/local match 50,000$                 350,000$                         48 New 2024 Citywide Injury Minimization and Speed Management Implementation Multiple Locations Multiple 120,000$                200,000$                     320,000$                             1 Secured Grant 100,000$               200,000$                         49 3.05 Traffic Analysis for US 12  US 12 A /Tank Farm Road 3,000,000$            3,000,000$                          2 Planned Grant 1,500,000$                      1,500,000$                     50 New 2024 Sign reflectivity analysis and implementation 87,000$                  385,000$                     472,000$                            2 Planned Grant 261,184,056$                    36,366,660$                   20,678,788$                   33,929,086$                    37,144,368$                   30,843,363$                   27,305,831$                   Pa g e 7 o f 5 1 2025-2030 Transportation Improvement Program Draft/Preliminary 2025-2030 TIP • 50 Projects •Proposed/New Projects: 10 • Pavement Preservation • Intersection Improvements • Pedestrian and Bicycle Access • Safety Improvements Estimated Costs: $261,574,056 Funding Sources: •Secured/Planned Grants •Local Funds •Private Contributions Pa g e 8 o f 5 1 2025-2030 Transportation Improvement Program Proposed New Projects: • Lewis Street Pavement Preservation: •Ainsworth Ave Pavement Preservation: •Lewis Street Underpass Demolition: •I-182/Broadmoor Blvd Interchange Improvements (WB): •Pedestrian and Bicycle Gap Program: • Neighborhood Traffic Calming Program: •Comprehensive Safety Action Plan (SS4A): •Citywide Injury Minimization and Speed Management Implementation: •Commercial Avenue / Kartchner Street Intersection Improvements: •Sign Reflectivity Analysis and Implementation: Pa g e 9 o f 5 1 2025-2030 Transportation Improvement Program Project Title Road Name Begin/End Termini Burns Rd/Broadmoor Blvd Intersection Improvements Burns Road Broadmoor Blvd Sandifur Pkwy Extension Sandifur Parkway Broadmoor Blvd/Road 108 Sandifur Pkwy/Broadmoor Blvd Intersection Improvements Broadmoor Boulevard Sandifur Parkway/Burns Road Rd 40 E Extension Road 40 East 'A' Street/ East Lewis Place Road 108 Extension Road 108 Harris Road/Sandifur Burns Rd Extension - Missing link Burns Road Road 68/Rio Grande Lane W 'A' St/6th Ave Pedestrian Crossing A Street 6th Ave Lewis Street Pavement Preservation Lewis Street US12/27th Ave SRTS Argent Rd/Rd 88 Ped Xing + Sandifur Pkwy/Rd 90 Ped Xing Argent Road Road 88 Ainsworth Ave Pavement Preservation Ainsworth Ave Oregon Ave/10th ave Lewis Street Underpass Demolition Lewis Street 1st Ave to Tacoma Ave Sylvester St Overpass Pedestrian/Bicycle Access Sylvester Street US 395 Overpass City Wide Traffic Signal Improvements (Phase 3)Multiple Locations Multiple Locations I-182/Broadmoor Blvd I/C Multiuse Pathway/Bridge Broadmoor Boulevard I-182 Lewis Street Corridor Improvements (Phase 1)Lewis Street 2nd Ave/ 5th Ave Rd 76 Overpass Road 76 Chapel Hill/Burden Blvd Sandifur Pkwy/Rd 76 Intersection Improvements Sandifur Parkway Road 76 South 4th Ave (Festival Street Improvements)S 4th Avenue Lewis Street / Columbia Street Pa g e 1 0 o f 5 1 2025-2030 Transportation Improvement Program Clark St Improvements Clark Street 10th St/2nd St Columbia St Improvements Columbia Street 10th St/2nd St Burden Blvd/Rd 60 Intersection Improvements Burden Road Road 60 Burden Rd/Madison Ave Intersection Improvements Burden Road Madison Ave Burden Rd/Rd 44 Intersection Improvements Burden Road Road 44 Rd 40 East Pathway Road 40 East Sacajawea Park/East Lewis Place Court St Safety Improvements Court Street Road 40/Road 68 Lewis Street Corridor Improvements (Phase 2)Lewis Street 5th Ave/10th Ave Lewis St/Heritage Blvd Intersection Improvements Lewis Street Heritage Blvd Commercial Ave/Kartchner St. Intersection Improvements Commercial Ave Kartchner Pa g e 1 1 o f 5 1 2025-2030 Transportation Improvement Program Rainier Ave/Kartchner St Intersection Improvements Rainier Ave Kartchner Sandifur Pkwy/Rd 84 Intersection Improvements Sandifur Parkway Road 84 Sacajawea Heritage Trail Levee Lowering Sacajawea Heritage Trail Road 54/Road 72 Court St Improvements- Ped/Bike Court Street Road 96/Harris Road Rd 76 Improvements - Sandifur Pkwy to Cordero Dr Wrigley Drive Road 76 Sandifur Pkwy/Convention Dr Intersection Improvements Sandifur Parkway Convention Dr Argent Rd Widening (Phase 4) Argent Road Road 36/Road 52 Franklin County Irrigation District Canal Bicycle/Pedestrian Pathway N/A Road 100/Road 76 Rd 100 Widening Road 100 Court St/Chapel Hill Blvd Court Street/Road 60 Intersection Improvements Court St Rd 60 Shoreline Rd Realignment Shoreline Road Court/Burns Road James St Improvements James Street Oregon Ave/Frontier Lp Burns Rd Extension to Glade Rd Burns Road "Road 44"/N Glade Road Harris Rd / Crescent Rd Overpass Harris Road Harris Road/Crescent Rd I-182/Broadmoor Blvd I/C Improvements - Westbound Broadmoor Boulevard I-182 Pa g e 1 2 o f 5 1 2025-2030 Transportation Improvement Program Ped/Bike Gap Program Multiple Locations Multiple Locations Neighborhood Traffic Calming program Multiple Locations Multiple Locations Annual Pavement Preservation Multiple Locations Multiple Locations Comprehensive safety action Plan(SS4A) Citywide Injury Minimization and Speed Management Implementation Multiple Locations Multiple Traffic Analysis for US 12 US 12 A /Tank Farm Road Sign reflectivity analysis and implementation Pa g e 1 3 o f 5 1 2025-2030 Transportation Improvement Program Pa g e 1 4 o f 5 1 2025-2030 Transportation Improvement Program Pa g e 1 5 o f 5 1 2025-2030 Transportation Improvement Program Pa g e 1 6 o f 5 1 2025-2030 Transportation Improvement Program Pa g e 1 7 o f 5 1 2025-2030 Transportation Improvement Program Pa g e 1 8 o f 5 1 2025-2030 Transportation Improvement Program Public Outreach Schedule: June 11, 2024| 5pm – 7pm Delta High School (5801 Broadmoor Blvd) Pa g e 1 9 o f 5 1 2025-2030 Transportation Improvement Program Anticipated Schedule: •May 28: City Council Workshop •June 3: City Council Regular Meeting – Public Hearing •June 10: City Council Workshop – Public Hearing •June 17: City Council Regular Meeting •June 24: City Council Workshop (Special Meeting) •If necessary, a special meeting can be prepared if additional edits/comments recommended during June 17 meeting. Pa g e 2 0 o f 5 1 AGENDA REPORT FOR: City Council June 3, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 6/10/24 FROM: Ken Roske, Police Chief Police Department SUBJECT: Ordinance - New PMC Section 9.80.035 Sitting, Lying on Sidewalk in Designated Zone (4 minutes) I. REFERENCE(S): Propose Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The development of the Pasco Municipal Code (PMC) Section 9.80.035 Sitting, Lying on Sidewalk in Designated Zone was driven by the need to improve accessibility, safety, and public health on city sidewalks. As pedestrian traffic and become have walkways downtown have development increased, congested and obstructed. To address this issue, cities across the state have enacted similar measures to ensure that sidewalks can accommodate safe pedestrian passage and public activities. This ordinance aims to keep sidewalks functional while supporting various public uses. The specific provisions of PMC Section 9.80.035 include a general prohibition against sitting or lying on sidewalks in designated high-traffic zones between the hours of 6 AM. and midnight. This rule extends to sitting on any objects placed on the sidewalks, such as chairs or blankets, and includes all sidewalk fixtures at all times, regardless of the hour. Notably, the ordinance outlines exceptions for individuals due to medical emergencies, disabilities, participation in or operation of permitted events, and other scenarios where sitting might be necessary or permissible. Enforcement is designed to be reasonable, requiring that individuals are first informed by law enforcement and given an opportunity Page 21 of 51 to comply before any legal action is taken. The ordinance considers the needs and rights of all City residents, including those with disabilities and other conditions that might require exceptions to the rule. By clearly defining exceptions and enforcement protocols, the ordinance aims to balance regulation and respect for individual circumstances, thus fostering a safe environment for residents and visitors. V. DISCUSSION: Staff will present the proposed Ordinance adding Section 9.80.035 Sitting, Lying on Sidewalks in Designated Zone, for inclusion in the PMC and will be available to answer any questions. Page 22 of 51 Ordinance – Creating PMC Section 9.80.035 - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE CHAPTER 9.80 “STREET OR SIDEWALK INTERFERENCE,” CREATING A NEW SECTION 9.80.035 “SITTING, LYING ON SIDEWALK IN DESIGNATED ZONE.” WHEREAS, the City of Pasco (City) Police Department has found that a new provision within PMC Chapter 9.80 is needed to address the growing concerns of keeping sidewalks free for commerce, community health, and public safety. The City recognized this addition as a useful tool to equip police officers to continue with the City’s revitalization efforts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Section PMC 9.80.035 entitled “Sitting, Lying on Sidewalk in Designated Zone” of the Pasco Municipal Code shall be and hereby is created and shall read as follows: 9.80.035 Sitting, Lying on Sidewalk in Designated Zone. (1) Prohibition. (a) No person may sit or lie down upon a public sidewalk or right-of- way, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk or right-of-way, during the hours between six a.m. and midnight in the zones designated in this section. (b) At all times it is unlawful to sit or lie on any drinking fountain, trash container, planter, bicycle rack, or any other sidewalk fixture not designed primarily for the purpose of sitting. (c) At all times, it is unlawful to sit or lie in any entrance to or exit from any building or parking lot, or on any loading dock. (2) Exceptions. The prohibition in subsection (1) of this section does not apply to any person: (a) Sitting or lying down due to a medical emergency or due to a sensory, mental, or physical disability; (b) Who, as the result of a sensory, mental, or physical disability, utilizes a wheelchair, walker, or similar device to move about a public sidewalk; Page 23 of 51 Ordinance – Creating PMC Section 9.80.035 - 2 (c) Operating or patronizing a business with permission to occupy the sidewalk; (d) Participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a special event or other applicable permit; (e) Sitting on a chair or bench supplied by a public agency or by the abutting private property owner pursuant to the appropriate permit or license; (f) Sitting within a bus stop zone while waiting for public or private transportation; or (g) Sitting on privately-owned sidewalk fixture with the permission of the owner. (3) No person shall be subject to enforcement under this section unless the person engages in conduct prohibited by this section within the entirety of the zone designated in this section after having been notified by a law enforcement officer that the conduct violates this section and has been given a reasonable amount of time to comply or has refused to comply. If the individual fails to comply in a reasonable time or engages in prohibited conduct in another location within the designated zone, a law enforcement officer may then enforce this section. (4) The zones where the conduct described in section (1) is prohibited are as follows: (a) From West Lewis Street, from North Tacoma Street to North Tenth Avenue; (b) North and South Tacoma Street, between West Clark Street and West Columbia Street; (c) North and South First Avenue, between West Clark Street and West Columbia Street; (d) North and South Second Avenue, between West Clark Street and West Columbia Street; (e) North and South Third Avenue, between West Clark Street and West Columbia Street; (f) North and South Fourth Avenue, between West Clark Street and West Columbia Street; Page 24 of 51 Ordinance – Creating PMC Section 9.80.035 - 3 (g) North and South Fifth Avenue, between West Clark Street and West Columbia Street; (h) South Sixth Avenue, between West Lewis Street and West Columbia Street; (i) South Seventh Avenue, between West Lewis Street and West Columbia Street; (j) South Eighth Avenue, between West Lewis Street and West Columbia Street; (k) South Ninth Avenue, between West Lewis Street and West Columbia Street; and (l) North and South Tenth Avenue, between West Clark Street and West Columbia Street. (5) A violation of PMC 9.80.035 is a misdemeanor. (6) The provisions of this section are declared separate and severable. The invalidity of any clause, sentence, paragraph, section, or portion of this section, or the invalidity of the application thereof to any person or circumstance does not affect the validity of the remainder of this section, or the validity of its application to other persons or circumstances. Section 2. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 4. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage, and publication as required by law. Page 25 of 51 Ordinance – Creating PMC Section 9.80.035 - 4 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 26 of 51 AGENDA REPORT FOR: City Council June 6, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 6/10/24 FROM: Ken Roske, Police Chief Police Department SUBJECT: Resolution - First Amendment to Exclusive Agreement with Redflex Traffic Systems, Inc. for Photo Enforcement Program (5 minutes) I. REFERENCE(S): Resolution First Amendment to Photo Enforcement Program Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On August 8, 2018, Pasco City Council approved the use of electronic traffic control on two intersections in the City of Pasco; 20th Avenue & Court Street, and Road 68 & Burden Boulevard. Following that decision, staff conducted a comparative enforcement traffic electronic vendors of analysis providing services, selected a preferred vendor and negotiated a contract for services. Redflex Traffic Systems, Inc (Redflex) has provided electronic traffic enforcement services since that time. V. DISCUSSION: Staff evaluated several vendors for this project, eventually deciding to pursue Redflex. Redflex provided a presentation to Council on how their system works. This system records only the rear part of the vehicle, taking several photos and video from the time the vehicle enters the intersection for about 12 seconds. If Page 27 of 51 a vehicle is already in the intersection when the light turns red, the camera will not pick up on that vehicle. For right turns, the City can determine when a violation occurs; for example the system can be set so that a vehicle does not have to come to a full stop before proceeding through a red light for a right turn. It can be set up to any speed threshold the City determines (i.e. 5 MPH). Once the pre-determined threshold is met, a photo is taken it is sent to the vendor’s system and the Police Department is notified that there is a possible violation. A trained Pasco Police Officer then reviews the photo to determine if a violation has occurred. Just like any traffic stop the Officer will have full discretion to determine if the possible violation is valid and authorize a citation or invalid and disregard the possible violation. Like in the field, the Officer will take several factors into account including time of day, weather, number of vehicles observed in the area, pedestrians and any other factor that the officer feels is pertinent in making the decision. If the Officer determines there is no violation, the information is purged. If the Officer determines a violation has occurred the vendor is notified and an infraction notice is issued on City of Pasco letterhead to the owner of the vehicle. The offender receives the violation in the mail and can either pay it or contest it through Pasco Municipal Court. If the potential violator has any questions he or she can also come to the Police Department and discuss it with a Police Officer. The potential violator can also view the photo and video of the potential infraction online. The vehicle owner can also sign a waiver with the court indicating that they either do not own the vehicle, or someone else was driving and the court can waive the citation. In essence, this process is no different than if the Officer stops a violator on the road and issues a citation at that time. The only thing the vendor is doing is providing a photo with time stamp of the potential violation but the determination on whether it is a violation is up to the officer viewing the photo. This process is designed to improve the safety of the traveling public and the Officers who enforce traffic laws. It is not designed to be strictly a way to generate revenue, but rather is a cost effective and safe way to try to improve safety at a busy and dangerous intersection. With all other options reviewed and the traffic at these intersection continuing to increase the need to do something at these intersections is important. This first amendment to the original contract is for a month-to-month period. This will allow staff time to have a study conducted for the red light camera program and the effects it has had on traffic safety. Once completed, this study’s findings will be presented to Council, as well as a recommendation concerning the red light photo enforcement program. Staff will be prepared to answer any additional questions Council may have on either the vendor or the contract. Page 28 of 51 Resolution – Amendment to RedFlex Traffic Systems, Inc. Agreement - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE EXCLUSIVE AGREEMENT WITH REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO ENFORCEMENT PROGRAM. WHEREAS, the City of Pasco (City) and Redflex Traffic Systems, Inc. entered into an Exclusive Agreement for a photo enforcement traffic program on November 20, 2018; and WHEREAS, the City wishes to complete a red light camera study to evaluate the effectiveness of automated enforcement and the effect to traffic safety; and WHEREAS, the City and Redflex Traffic Systems, Inc. have proposed a First Amendment to the Exclusive Agreement for photo enforcement allowing for a month-to-month agreement; and WHEREAS, the City Council has, after due consideration, determined that it is in the best interest of the City of Pasco to enter into a First Amendment to the Exclusive Agreement with Redflex Traffic Systems, Inc. for Photo Enforcement Program. 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 First Amendment to the Exclusive Agreement between the City of Pasco and Redflex Traffic Systems, Inc. for Photo Enforcement Program 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 First Amendment on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the First Amendment. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 29 of 51 First Amendment to Exclusive Agreement – Redflex - 1 FIRST AMENDMENT TO EXCLUSIVE AGREEMENT BETWEEN THE CITY OF PASCO AND REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO ENFORCEMENT PROGRAM This First Amendment (the “First Amendment”) is executed this day of 2024 (the “Effective Date”) by and between Redflex Traffic Systems, Inc. (“Redflex”) and the City of Pasco, Washington (the “City”), (with Redflex and City each individually a “Party” and collectively the “Parties”). RECITALS A. The Parties entered into an Exclusive Agreement between the City of Pasco and Redflex Traffic Systems, Inc. for Photo Red Light Enforcement Program on November 20, 2018 (the “Agreement”); and B. Pursuant to Section 2 of the Agreement, the City provided Redflex notice dated April 5, 2024 of the City’s intent not to extend the term of the Agreement as provided in Section 2 of the Agreement; and C. To allow the City to maintain its safety program during the time needed for the City to review and present program data to City Council for approval and contract signature, the Parties agree to amend the term of the Agreement to a month-to- month term with the ability of either Party to terminate the Agreement upon thirty (30) days written notice to the other Party; and D. Section 11.6 of the Agreement authorizes the Parties to amend the Agreement through this written First Amendment. NOW, THEREFORE, in consideration of the mutual promises set forth herein, City and Redflex agree as follows: TERMS AND CONDITIONS 1. Month-to-Month Term. Beginning on _____ day of __________, 2024 the term of the Agreement shall continue on a month-to-month basis. Either Party may terminate the Agreement by providing thirty (30) days written notice to the other Party of its intent to terminate the Agreement and such termination shall proceed pursuant to section 6 of the Agreement, unless otherwise agreed to in writing by the Parties. 2. Notices. Section 9.1 of the Agreement is hereby amended as follows: 9.1 Notices to Redflex: Redflex Traffic Systems, Inc. 1150 N. Alma School Road Mesa, AZ 85201 Attn: Legal Department Page 30 of 51 First Amendment to Exclusive Agreement – Redflex - 2 3. Representations and Warranties. The City represents and warrants that it has all rights, powers, and authorities to enter into this First Amendment and has complied with all local and state procurement laws. 4. Enforceability of Non-amended Terms and Conditions. Except as expressly stated in this First Amendment, the terms and conditions of the Agreement shall remain in fully force and effect. To the extent this First Amendment conflicts with the terms and conditions of the Agreement, this First Amendment shall control. Any capitalized terms not defined in First Amendment shall have the meanings ascribed in the Agreement. IN WITNESS WHEREOF, the Parties have executed this First Amendment effective as of the Effective Date. CITY OF PASCO REDFLEX TRAFFIC SYSTEMS, INC. By:____________________________ By: _______________________________ Name: _________________________ Name: ____________________________ Title: __________________________ Title: _____________________________ APPROVED AS TO FORM: _______________________________ Kerr Ferguson Law, PLLC City Attorneys ATTEST: _______________________________ Debra Barham, CMC City Clerk Page 31 of 51 AGENDA REPORT FOR: City Council June 5, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 6/10/24 FROM: Maria Serra, Director Public Works SUBJECT: Road 40 East Extension Update (3 minutes) I. REFERENCE(S): PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presenter: Maria Serra, Public Works Director III. FISCAL IMPACT: The approved 2023-2024 budget includes an allocation of $1.33 Million for the design, right-of-way acquisition and construction of the project. IV. HISTORY AND FACTS BRIEF: The Road 40 East Extension project was added to the Transportation Improvement Plan (TIP) in 2022. The project scope is the extension of the Road 40 East alignment north of the intersection with "A" Street and effectively connecting with Lewis Place. This new segment of the roadway would be an alternative freight route connection between the existing industrial and commercial establishments in the vicinity of "A" street and Road 40 East and the US 12 Highway interchange on Lewis Street. To this aim, City staff began right-of-way acquisition along the proposed roadway alignment in 2022. City staff has successfully completed acquisition on 2 parcels. The acquisition of 30 feet wide right-of-way on a third parcel at the south end of the project, has proven challenging. Negotiations with the property owner have been led by different offices within the City since 2022 and eventually, in late 2023, City engaged the services of a professional Right- Page 32 of 51 of-way Acquisition consultant to aid in the process. Unfortunately, negotiations have been unfruitful. Considerate of the right-of-way acquisition challenges, City staff has developed and alternative interim concept for the project: Partial Roadway: the scope of the project would be revised to include only a one lane roadway, with wide shoulders to allow for freight traffic to navigate the roadway Northbound. Total project cost is estimated to be in the order of $750,000. V. DISCUSSION: City Staff recommends proceeding with design and construction of a one-way roadway extension (northbound). Design and construction would be able to be funded with current budget allocation. This is an unusual configuration for Pasco roadways, which may require additional outreach and education to roadway users. A traffic analysis has been performed to assess the performance of the intersection with this configuration and the potential impacts to other intersections This alternative scope of the project is being considered as a near-term solution to alleviate traffic strain on "A" street (likely to have increased freight volumes in the near term). Full build-out would be accomplished in the future as development/redevelopment occurs within the corridor. Page 33 of 51 Pasco City Council Workshop June 10, 2024 Pa g e 3 4 o f 5 1 Road 40 East Extension Update PROPOSED PROJECT  EXTENTSPa g e 3 5 o f 5 1 Road 40 East Extension Update Pa g e 3 6 o f 5 1 PARTIAL ROADWAY SECTION – ONE WAY ONLY •ONE WAY TRAFFIC (NB) Wide shoulders   TOTAL ESTIMATED  CONSTRUCTION COST $750K Road 40 East Extension Update ROW  Width Varies Pa g e 3 7 o f 5 1 Questions? Pa g e 3 8 o f 5 1 AGENDA REPORT FOR: City Council June 6, 2024 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 6/10/24 FROM: Jacob Gonzalez, Director Community & Economic Development SUBJECT: Franchise Agreement - US Cellular (5 minutes) I. REFERENCE(S): Presentation Proposed Franchise Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The City regulates franchise agreements with telecommunications providers to ensure safe and efficient use of public rights-of-way. Any utility provider, including those offering communications and telecommunications services, must obtain a franchise agreement in line with state and federal laws and the best interests of the City’s residents. US Cellular expressed interest in a Small Cell Wireless Facilities (SWF) Franchise Agreement with the City in early 2019. The initial application was incomplete and required revisions. The process shifted representatives in early 2020, and the first formal application in April 2020 was also incomplete, necessitating further corrections. In 2021, new submissions and agreements with Franklin PUD for pole deployments were discussed leading to a an understanding of the specifics of the agreement that meet the applicants needs while meeting the requirements of Pasco Municipal Code (PMC) Chapter 15.40. Page 39 of 51 V. DISCUSSION: Given the significance of the agreement, City staff is submitting the draft Franchise Agreement to the City Council for review and approval. Page 40 of 51 Franchise Agreement - US Cellular Pasco Municipal Code (PMC) Chapter 15.40 •The City controls right-of-way use by utilities to ensure safe access and maintenance of public utilities, allowing other services through franchise agreements per state and federal laws and the City's residents' interests. •All utility providers, including communications and telecommunications, must secure a franchise from the City. •US Cellular sought a Small Cell Wireless Facilities Franchise Agreement with the City in 2019. Pa g e 4 1 o f 5 1 Small Cell Wireless Facility Deployment Franchise - 1 SMALL CELL WIRELESS FACILITY DEPLOYMENT FRANCHISE THIS SMALL CELL WIRELESS FACILITY DEPLOYMENT FRANCHISE is entered into this day of , 2024, between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as “City”, and USCOC of Richland Inc., a Washington corporation, hereinafter referred to as “Franchisee” according to the following terms and conditions as provided herein. WHEREAS, Franchisee has requested that the City grant it the right to install, operate and maintain small wireless facilities, small wireless facility poles and small wireless facility towers within the public rights-of-way of the City; and WHEREAS, Franchisee will submit, conditioned upon the issuance of this Franchise, applications for Small Cell Wireless Facility Permits (“SCWF Permit”), which shall be processed in its usual and ordinary course, to locate small wireless facilities within the public ways of the City and in compliance with Chapter 15.100 of the Pasco Municipal Code. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, it is agreed as follows: 1. Grant of Franchise. The City hereby grants to Franchisee, its successors and assigns, subject to the terms and conditions herein set forth, a nonexclusive Franchise within the territory, as defined below, which authorizes the Franchisee to erect, construct, operate, and maintain small wireless facilities (as defined by PMC 15.10.025), and other poles, towers or support structures as might be allowed in PMC 15.100 within the public right-of-way (as defined by PMC 15.10.025). The authority granted herein is limited authorization to occupy and use of the public right-of-way of the City for the purpose of providing telecommunication services transmitted by small cell wireless facilities. Nothing contained herein shall be construed to grant, warrant, or convey any right, title, or interest in the public right-of-way of the City to the Franchisee, or to grant any rights for the operation of any services other than those specifically identified above. 2. Franchise Territory. The Franchise granted herein is applicable only within the City rights-of-way as defined by PMC 15.10.025, including any annexed portions thereto occurring during the term of this Franchise. 3. Term of Franchise. The first term of this Franchise shall be for an initial period of ten (10) years from the effective date of this Agreement, unless sooner terminated. Thereafter, this Franchise will be automatically renewed for an additional five-year term unless either party notifies the other of its intent to terminate the Franchise at least ninety (90) days prior to the expiration of the then current term. Either party may terminate this Franchise upon sixty (60) days prior written notice to the other upon a default of any term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, or if such default is not curable within sixty (60) days, if the defaulting party fails to commence such cure within s ixty Page 42 of 51 Small Cell Wireless Facility Deployment Franchise - 2 (60) days or fails thereafter diligently to prosecute such cure to completion, provided, that the grace period for any monetary default shall be ten (10) days from receipt of written notice. Notwithstanding anything to the contrary herein, Franchisee may remove its small wireless facilities at any time, with or without cause upon notice to the City, subject to restoration as provided in PMC 15.70.270. 4. Non-Exclusive Grant. This Franchise shall not in any manner prevent the City from entering into any other similar agreement or granting other or further franchises in the deployment of small cell wireless facilities, or other utilities, within the public right -of-way. Further, this Franchise shall in no way prevent or prohibit the City from using any of its public right-of-way or affect its jurisdiction over them or any part of them, and the City shall retain full power to make all necessary reasonable changes, relocations, collocations, repairs, maintenance, establishment, improvement, dedication of the same as the City may deem fit, including the dedication, establishment, maintenance, vacation, and improvement of all new public rights-of- way. 5. Effective Date. This Franchise shall become effective as of the ____ day of _________________, 2024. 6. Terms, Standards and Requirements Incorporated by Reference. Essential elements of this Franchise include the terms, standards, and requirements as included within PMC Chapter 15.100 “Small Cell Tower Deployment Within the Public Right-of-Way” and PMC 15.70 “Conditions of Permits, Franchises and Facility Leases.” All such terms, standards, and requirements, as they currently exist or as they may be amended, are incorporated herein as if stated in full. To the extent that any provision of the Pasco Municipal Code conflicts with the City’s adopted Small Cell Infrastructure Design Standards or this agreement, the Municipal Code shall control. 7. City Owned Poles and Structures. Subject to the limitation on locations as provided in PMC 15.100.050, in the event Franchisee desires to use City poles or other infrastructure for the location of its small wireless facilities, such use will be determined on a case- by-case basis pursuant to a separate License Agreement between the Franchisee and the City, setting forth the terms and conditions under which the Franchisee shall be permitted to do so, including but not limited to, whether the current infrastructure is sufficient to support the structural loading, requirements for the small wireless facility equipment, its design (in compliance with the design standards as provided in Chapter 15.100 PMC), and its safe application for other uses of the public right-of-way. 8. Relocation. Franchisee is obligated to relocate its facilities in accordance with PMC 15.70.180. Additionally, if during the term of this Franchise any person or entity other than the City (hereinafter "Third Party") requests the relocation of Franchisee's Facilities to accommodate work within the Rights-of-Way to be undertaken by or on behalf of such Third Party, and the City determines that such relocation of Franchisee's Facilities is in the public interest and is necessary, then the City may, in its discretion, grant such Third Party request. In such event, within thirty (30) days’ receipt of written notice to the Franchisee from the City, Franchisee shall, at the expense of the Third Party upon terms acceptable to Franchisee, relocate its Facilities within the Franchise Territory to accommodate the work of such Third Party. Page 43 of 51 Small Cell Wireless Facility Deployment Franchise - 3 9. Utility-Owned Poles and Structures. The parties acknowledge that some, or all, of, the poles or structures desired by the Franchisee to be used for the locations for its small wireless facilities, are, or may be owned by a utility provider, or a third -party other than the City and that Franchisee shall secure such consent for such location providing the City notice thereof including the terms and conditions under which the Franchisee shall be permitted to so locate. 10. Indemnification and Waiver. A. Franchisee hereby indemnifies , defends, and holds harmless the City, its officers, boards, employees, agents and representatives from any and all claims for damages, costs, judgments, penalties, awards or liability to any person including, but not limited to, reasonable attorneys’ fees and costs: (1) Arising as a result of the acts or omissions of Franchisee, its agents, servants, officers or employees or the construction, placement, operation or maintenance of small wireless facilities in the public right-of way except to the extent any claim, arises out of or results from the sole negligence or willful misconduct of City, its officers, employees, agents and representatives; or (2) Based upon the City’s inspection or lack thereof of work performed by Franchisee, its agents and servants, officers or employees in connection with work authorized on the public right-of-way or property over which the City has control pursuant to this Franchise or pursuant to any other permit or approval issued in connection with this Franchise. B. The provisions of Subsection A of this Section shall apply to claims by Franchisee’s own employees and the employees of the Franchisee’s agents, representatives, contractors, and subcontractors to which Franchisee might otherwise be immune under Title 51 RCW. This waiver of immunity under Title 51 RCW has been mutually negotiated by the parties hereto, and Franchisee acknowledges that the City would not enter into this Franchise without Franchisee’s waiver thereof. C. Inspection or acceptance by the City of any work performed by the Franchisee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided that Franchisee has been given prior written notice by the City of any such claim, said indemnification obligations shall extend to claims which are not reduced to a suit. The obligation of Franchisee under the indemnification provisions of this Section shall apply regardless of whether liability for damages arises out of bodily injury to persons or damages to property, except to the extent that such claims, actions, damages, costs, expenses and attorney’s fees were caused by the sole negligence or willful misconduct of the City. In the event that a Court of competent jurisdiction determines that this Franchise is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity provision hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided therein. Page 44 of 51 Small Cell Wireless Facility Deployment Franchise - 4 D. Notwithstanding any other provisions of this Section, Franchisee assumes the risk of loss or damage to its small wireless facilities located in the public right-of-way, and upon City-owned property from such activities conducted by the City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence, willful or malicious action on the part of the City, its officers, agents, employees or contractors. Franchisee releases and waives any and all such claims against the City, its officers, agents, employees or contractors. Franchisee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of Franchisee’s small wireless facilities as the result of any interruption of service due to damage or destruction of Franchisee’s small wireless facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the s o l e negligent, willful or malicious actions on the part of the City, its offices, agents, employees or contractors. E. Notwithstanding anything contained herein to the contrary, other than in connection with the foregoing third party claims, indemnification and damages incurred for breach of confidentiality, neither party shall be liable to the other for consequential, incidental, special or indirect damages. 11. Insurance. A. Franchisee shall maintain for so long as Franchisee has Facilities in the Rights-of- Way, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the acts or omissions of Franchisee. The Franchisee shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Franchise-provided insurance as set forth herein, except the Franchisee shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Franchisee shall ensure that the City is an additional insured on each and every Subcontractor’s Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. Franchisee shall maintain insurance from insurers with a current A.M. Best rating of not less than A-. Franchisee shall provide a copy of a certificate of insurance and additional insured endorsement (except for workers compensation) to the City for its inspection at the time of acceptance of this Franchise, and such insurance certificate shall evidence a policy of insurance that includes: (1) Automobile Liability insurance with limits of no less than $5,000,000 combined single limit per occurrence for bodily injury and property damage. (2) Commercial General Liability insurance, written on an occurrence basis with Page 45 of 51 Small Cell Wireless Facility Deployment Franchise - 5 limits of no less than $5,000,000 per occurrence for bodily injury and property damage and $5,000,000 general aggregate including personal and advertising injury, blanket contractual; premises; operations; independent contractors; products and completed operations; and broad form property damage; explosion, collapse and underground (XCU). (3) Pollution liability shall be in effect throughout the entire Franchise term, with a limit of one million dollars ($1,000,000) per occurrence, and two million dollars ($2,000,000) in the aggregate. (4) Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington and Employer’s Liability with a limit of $1,000,000 each accident/disease/policy limit. Evidence of qualified self-insurance is acceptable. (5) Excess Umbrella liability policy with limits of no less than $5,000,000 per occurrence and in the aggregate. Franchisee may use any combination of primary and excess to meet required total limits. B. Payment of deductible or self-insured retention shall be the sole responsibility of Franchisee. Franchisee may utilize primary and umbrella liability insurance policies to satisfy the insurance policy limits required in this Section. Franchisee’s umbrella liability insurance policy shall provide “follow form” coverage over its primary liability insurance policies or be at least as broad as such underlying policies. C. The required insurance policies, with the exception of Workers’ Compensation, and Employer’s Liability, and Pollution Liability obtained by Franchisee shall include the City, its officers, officials, employees, agents, and representatives (“Additional Insureds”), as an additional insured, with coverage at least as broad as ISO endorsement form CG 20 26, with regard to any work or operations performed under this Franchise or by or on behalf of the Franchisee. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. In addition, the insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made, or suit is brought, except with respect to the limits of the insurer’s liability. Franchisee shall provide to the City upon acceptance a certificate of insurance and additional insured endorsement. Receipt by the City of any certificate showing less coverage than required is not a waiver of Franchisee’s obligations to fulfill the requirements. Franchisee’s required commercial general and auto liability insurance shall be primary insurance with respect to the indemnification obligations herein. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of Franchisee’s required insurance and shall not contribute with it. D. Upon receipt of notice from its insurer(s) Franchisee shall provide the City with thirty (30) days prior written notice of any cancellation of any insurance policy, except for non-payment, in which case a ten (10) day notice will be provided. Franchisee shall, Page 46 of 51 Small Cell Wireless Facility Deployment Franchise - 6 prior to the effective date of such cancellation, obtain replacement insurance policies meeting the requirements of this Section. Failure to provide the insurance cancellation notice and to furnish to the City replacement insurance policies meeting the requirements of this Section shall be considered a material breach of this Franchise. The City may pursue its remedies, including purchasing insurance to cover Franchisee’s facilities at Franchisee’s expense, immediately upon a failure to furnish replacement insurance. E. Franchisee’s maintenance of insurance as required by this Section shall not be construed to limit the liability of Franchisee to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or equity. Further, Franchisee’s maintenance of insurance policies required by this Franchise shall not be construed to excuse unfaithful performance by Franchisee. If Franchisee maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess Umbrella liability maintained by the Franchisee, irrespective of whether such limits maintained by the Franchisee are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Franchisee. F. The City may review all insurance limits once every three years during the Term and may make reasonable adjustments in the limits upon thirty (30) days’ prior written notice to and review by Franchisee. Franchisee shall then issue or provide a certificate of insurance to the City showing compliance with these adjustments. Upon request by the City, Franchisee shall make available for review copies of all required insurance policies, including endorsements, required in this Franchise and evidence of all contractors’ coverage. 12. General Provisions. For the purpose of this Agreement, time is of the essence. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the designees in Section 13, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, WA. This Agreement shall be governed by the laws of the State of Washington. The prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 13. Notice. Any notice or information required or permitted to be given to the parties under this Agreement shall be to the following addresses, unless otherwise specified: City of Pasco City Manager 525 North 3rd Pasco, WA 99301 Franchisee USCOC of Richland Inc. Attention: Real Estate Lease Administration 8410 West Bryn Mawr Avenue Chicago, Illinois 60631 Phone: 1-866-573-4544 Page 47 of 51 Small Cell Wireless Facility Deployment Franchise - 7 Notice shall be deemed given upon receipt of personal delivery, e-mail transmission, or three (3) days after deposit in the United States Mail in the case of regular mail, or next day in the case of overnight delivery. 14. Bonding A. Maintenance and Performance Bonds. Franchisee shall furnish maintenance and/or performance financial guarantees for any work in the right-of-way as required by the Municipal Code or applicable. B. Franchise Bond. Franchisee shall provide City with a bond in the amount of Fifty Thousand Dollars ($50,000.00) (“Franchise Bond”) running or renewable for the term of this Franchise or for as long as Franchisee has facilities in the right of way, whichever is longer, in a form and substance reasonably acceptable to City. In the event Franchisee shall fail to substantially comply with any one or more of the provisions of this Franchise following notice and a reasonable opportunity to cure, then there shall be recovered jointly and severally from Franchisee and the bond any actual damages suffered by City as a result thereof, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of facilities hereinabove described. Franchisee specifically agrees that its failure to comply with the terms of this Section shall constitute a material breach of this Franchise. The amount of the bond shall not be construed to limit Franchisee's liability or to limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. Said bond shall be maintained at the required level notwithstanding any use of the Bond in the interim. 15. Entire Franchise. This Franchise, together with the SCWF Permit and incorporated Pasco Municipal Code sections, constitutes the entire understanding and agreement between the parties as to the subject matter herein, and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon approval and acceptance of this Small Cell Wireless Facility Deployment Franchise, except such other agreements for licenses contemplated herein. 16. Hazardous Substances. Franchisee shall not introduce or use any hazardous substances (chemical or waste) in violation of any applicable law or regulation, and Franchisee shall not allow any of its agents, contractors, or any person under its control to do the same. Franchisee will be solely responsible for and will defend, indemnify, and hold the City and its officers, officials, employees, agents, and representatives harmless from and against any and all claims, costs, and liabilities, including reasonable attorney fees and costs, arising out of or in connection with the cleanup or restoration of the property associated with Franchisee’s use, storage, or disposal of hazardous substances, whether or not intentional, and/or with the use, storage or disposal of such substances by Franchisee’s agents, contractors, or other persons acting under Franchisee’s control, whether or not intentional, after Franchisee’s first occupancy of the permitted site location. 17. Survival. All of the provisions, conditions, and requirements of this Franchise shall be in addition to any and all other obligations and liabilities Franchisee may have to the City at common law, by statute, or by contract, and shall survive the City’s Franchise to Franchisee for Page 48 of 51 Small Cell Wireless Facility Deployment Franchise - 8 the use of the Franchise Area and any renewals or extensions thereof. All of the provisions, conditions, regulations, and requirements contained in this Franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives, and assigns of Franchisee and all privileges, obligations, and liabilities of Franchisee shall inure to its heirs, successors, and assigns equally as if they were specifically mentioned where Franchisee is named herein. 18. Acceptance. This Franchise shall not become effective unless and until the ordinance granting the same has become effective. Within 30 days after the effective date of said ordinance Franchisee shall sign this Franchise and provide the bonds, insurance policies, and any other security required by this Franchise or PMC 15.70. IN WITNESS WHEREOF, the undersigned having full authorization on behalf of the parties, have executed this Agreement on the year and date set forth above. CITY OF PASCO, WASHINGTON FRANCHISEE By: Adam Lincoln, City Manager By: Page 49 of 51 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 50 of 51 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 51 of 51