HomeMy WebLinkAbout2024.12.09 Council Workshop Packet
AGENDA
City Council Workshop Meeting
7:20 PM - Monday, December 9, 2024
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
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 workshop.
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 1-332-249-0718 and use access
code 663 036 231.
2. CALL TO ORDER
3. ROLL CALL
4. VERBAL REPORTS FROM COUNCILMEMBERS
5. 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.
3 - 24 (a) Road 68 History and Future (15 minutes)
25 - 38 (b) Road 40 East Extension - Right-of-way Acquisition (5 minutes)
39 - 47 (c) Monthly Update: Traffic Impact Fee Study (5 minutes)
48 - 60 (d) *Resolution - Interlocal Agreement between the City of Pasco
and the Port of Pasco for Airport Police Services (5 minutes)
Page 1 of 95
61 - 93 (e) Presentation of Proposed Changes to the Rental License
Program (10 minutes)
6. MISCELLANEOUS COUNCIL DISCUSSION
7. EXECUTIVE SESSION
8. ADJOURNMENT
9. ADDITIONAL NOTES
94 - 95 (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
City 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 95
AGENDA REPORT
FOR: City Council December 3, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 12/9/24
FROM: Maria Serra, Public Works Director
Public Works
SUBJECT: Road 68 History and Future (15 minutes)
I. REFERENCE(S):
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presentation Only
III. FISCAL IMPACT:
Transportation projects are funded primarily through grant programs.
IV. HISTORY AND FACTS BRIEF:
Road 68 and the surrounding area can be seen as an indicator of Pasco's
significant recent growth. What was once a simple farm road between irrigation
circles is now a bustling, vibrant, and often congested multilane roadway that
serves thousands of drivers every day.
Several projects have been implemented to help Road 68 grow with the
surrounding properties. Widenings, access control, signalizations, and ADA
upgrades and signals the coordinating as done, as been all have well
streamlining channelization (striping) and signage.
V. DISCUSSION:
Looking to the future of Road 68, the City can see that the available corridor
projects to optimize traffic have been done. This means that the City needs to
look at the bigger picture of transportation system rather than the single road.
Providing redundancy in routes, also known as a grid system, will allow some
vehicles 76 Road proposed The travel different a to Overpass path. is
Page 3 of 95
anticipated to reduce travel through the Road 68 interchange by up to 30%. It
will offer an alternative to the Road 68 corridor for local trips.
Page 4 of 95
December 9, 2024
Pasco City Council
Workshop
Pa
g
e
5
o
f
9
5
Road 68
History and Future
December 9, 2024
Pasco City Council
Pa
g
e
6
o
f
9
5
Tonight’s Presentation
Road 68 Location & Constraints
History of the Area
Projects Completed
Current Conditions
Looking Forward
A Bigger Picture Solution
Funding the Solution
1.
2.
3.
4.
5.
6.
7.
Pa
g
e
7
o
f
9
5
1. Road 68 Location
4
Pa
g
e
8
o
f
9
5
2. History of the Area
5
1985
Pa
g
e
9
o
f
9
5
2. History of the Area
6
1996
Pa
g
e
1
0
o
f
9
5
2. History of the Area
7
2003
Pa
g
e
1
1
o
f
9
5
2. History of the Area
8
2015
Pa
g
e
1
2
o
f
9
5
2. History of the Area
9
2024
Pa
g
e
1
3
o
f
9
5
-Road 68 Widening, 2002
-Road 68 Widening, East and West
sides, 2005
-Road 68 and I-182 Improvements,
2008
-Road 68 Widening Burden to I-182,
2010
-Road 68 Corridor Study, 2012
-Powerline (Burns) Road, 2014
-Road 68 Improvements & Signal
Interconnect, 2014
-Wrigley Drive Extension, 2021
-Signage & Striping at Road 68/Burden
Boulevard, 2022
3. Projects Completed
10
Pa
g
e
1
4
o
f
9
5
Road 68 Improvements and
Signal Interconnect, 2014
11
Pa
g
e
1
5
o
f
9
5
Wrigley Drive Extension, 2021
12
Pa
g
e
1
6
o
f
9
5
Signage & Striping at Road 68/
Burden Boulevard, 2022
13
Pa
g
e
1
7
o
f
9
5
•Zoning and Land Use
•Nearly 50,000 vehicles per day
@ I-182
•Development to the north
•Broadmoor/Road 100
4. Current Conditions
14
Pa
g
e
1
8
o
f
9
5
4. Current Conditions
15
Pa
g
e
1
9
o
f
9
5
•Land continues to develop
•Infill
•Public requested study of an
exit directly onto convention
5. Looking Forward
16
Pa
g
e
2
0
o
f
9
5
TRANSPORTATION
NETWORK
By 2045, the Road 76
Overpass reduces Vehicle
Miles Traveled (VMT) by
6,300 per day.
6. A Big Picture Solution
17
ECONOMIC VITALITY
Project benefit to cost ratio is
1.85, with many other non-
monetized community
benefits.
Pa
g
e
2
1
o
f
9
5
Road 76 Overpass
18
Pa
g
e
2
2
o
f
9
5
$25.5 Million Total Project Cost
Grant Funding Pursued
7. Funding the Solution
19
Pa
g
e
2
3
o
f
9
5
Thank YouPa
g
e
2
4
o
f
9
5
AGENDA REPORT
FOR: City Council December 4, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 12/9/24
FROM: Adam Lincoln, City Manager
City Manager
SUBJECT: Road 40 East Extension - Right-of-way Acquisition (5 minutes)
I. REFERENCE(S):
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Negotiated Acquisition Cost: $378,000
Breakdown of cost of acquisition:
Market value of the land: $65,000 ($6.50/sq ft)
Relocation costs: $239,548
Engineering reimbursement cost: $30,200
Administrative settlement: $43,252
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
Page 25 of 95
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-
of-way Acquisition consultant to aid in the process. Negotiations were unfruitful
and in June of 2024, considerate of the right-of-way acquisition challenges,
City staff developed and presented to Council an alternative interim concept for
the project consisting of single lane roadway (partial roadway). That same
month, during public comment, Mr. Bauman, offered his intervention to council
to be a mediator between the City and the Property Owner, Culbert LLC.
Council directed staff to work with Mr. Bauman as a community Partner in the
acquisition process. Mr. Bauman, in this role, held meetings with each party
and both parties' representatives.
V. DISCUSSION:
As an outcome of the extended negotiations the following cost for acquisition
and conditions were negotiated.
These are presented for your consideration.
1. The City of Pasco will conduct all necessary inspections related to the
relocation of the existing driveway that provides access to Parcels #113-
730-124 and #113-730-142 at no cost to the current property owner,
Culbert LLC. The current driveway is located on East “A” Street within
the frontage of Parcel #113-730-124. Inspection services provided by
the City will match the standard level of service applied to all projects in
City of Pasco.
2. Culbert LLC will not be responsible for any costs associated with future
right-of-way improvements that may be required as part of any future
onsite permit applications for Parcels #113-730-124, #113-730-142, and
#113-730-142, provided that these improvements are intended to benefit
the overall transportation network. However, Culbert LLC will remain
financially responsible for any right-of-way improvements that are
necessary to provide access to or directly serve any of the parcels listed
in this agreement.
3. Provided that the proposed use complies with the conditional allowable
uses outlined in the Pasco Municipal Code and is consistent with the
use previously approved for Parcel #113-730-124 under Special Use
Permit #SP2012-002, the City of Pasco will review the applications for
the Special Use Permit submitted by Culbert LLC and, if in compliance,
recommend approval to the Hearings Examiner.
4. No right-of-way dedication for the East “A” Street right of way will be
required at this time. Should additional right-of-way become necessary,
all dedications will comply with Resolution 1372. All costs of the
dedication process will be borne by the City of Pasco. Dedication of the
area will be made by the property owner at no-cost to the City. In
Page 26 of 95
exchange for any no-cost dedication, the City will waive any future need
to relocate the fence from its current location on Parcels #113-730-124
and #113-730-142 or the proposed location on Parcel # 113-730-133
effectively on-site or current the proposed impact no creating to
improvements.
5. No right-of-way dedication for the East “A” Street right-of-way will be
required at this time. If additional right-of-way becomes necessary in the
future, all dedications will be made in compliance with Resolution 1372.
The the full including dedication, of shall full the bear City cost
compensation to Culbert LLC for the dedicated area, valued at market
rate as determined by an independent appraisal. Any future permit
applications beyond those explicitly identified in this agreement shall be
subject at of time the effect to requirements development the in
application.
6. Time is of the essence for this agreement. Within 60 days of executing
this agreement a lump sum payment of $378,000.00 shall be made to
cover the purchase price of the property described herein, incurred
design costs and relocation of gates and driveway entrance to Road 40
East frontage of Parcel #113-130-124, as established in the Offer letter
and Administrative Settlement Offer (AOS) included in this agreement
as Exhibit A.
7. The new driveway for Parcel #113-130-124 will be located along the
eastern property line, tension. This driveway will allow unrestricted
access, allowing both northbound and southbound entry onto Road 40
East. The approved location is as depicted on the civil plans prepared
by Christine Batayola, PE, stamped and signed on April 12, 2023, under
project number 22-117.1. Under no circumstances shall the driveway be
constructed any closer than 220 feet from the centerline of the East “A”
Street right-of-way or 180 feet from the southern property line of Culbert,
LLC.
8. The conditions outlined in this agreement constitute an exclusive
These LLC. Culbert and Pasco the City between arrangement of
conditions are not intended to extend to future landowners and will not
apply in perpetuity to the property.
Upon Council direction, these conditions and payment can be incorporated into
an agreement solidifying the responsibilities of each party.
Page 27 of 95
Pasco City Council Workshop
December 9, 2024
Pa
g
e
2
8
o
f
9
5
Road 40 East Extension
PROPOSED PROJECT
EXTENTS
“A” STREET
RD
4
0
E
A
S
T
LEWIS PL
HE
R
I
T
A
G
E
B
L
V
D
Pa
g
e
2
9
o
f
9
5
Right-of-Way Acquisition
Pa
g
e
3
0
o
f
9
5
Right-of-Way Acquisition
Proposed Acquisition cost: $378,000
RIGHT-OF-WAY ACQUISITION COSTS INCLUDE:
Cost of property (9,900sf): $65,000
Cost of relocation of property entrance: $239,548
Reimbursement of design costs to property owner: $30,200
Administrative settlement: $43,252
Pa
g
e
3
1
o
f
9
5
Right-of-Way Acquisition (cont.)
CONDITIONS:
•Inspections for Culbert LLC’s driveway relocation will
be at City’s cost.
•The new driveway location for Parcel #113-130-124
will allow unrestricted access, per civil plans dated
April 12, 2023.
•Culbert LLC responsible for right-of-way
improvements necessary for access to the parcels
Pa
g
e
3
2
o
f
9
5
Right-of-Way Acquisition (cont.)
• Culbert LLC is not responsible for future right-of-way improvements benefiting
the overall transportation network.
• For current development projects, no right-of-way dedication is required for
East “A” Street.
•future right-of-way dedication City will compensate Culbert LLC at market rate.
•City of Pasco will review and recommend approval for Special Use Permit
applications if they comply with the Pasco Municipal Code.
Pa
g
e
3
3
o
f
9
5
Right-of-way Acquisition
Acquisition timeline:
•Acquisition negotiations began in 2021.
•Unable to reach an agreement, in 2023 City engaged a right-of-
way acquisition consultant.
•In early 2024 negotiations were closed with a difference of $70K
between City final offer and property owner’s counteroffer.
•Council directed staff to work with community partner to find
resolution and acquire the right-of-way.
•Negotiations extended until December 2024.
•A final amount and set of conditions was developed by both
parties.
Pa
g
e
3
4
o
f
9
5
PARTIAL ROADWAY SECTION – ONE WAY ONLY
•ONE WAY TRAFFIC (NB)
Wide shoulders
TOTAL ESTIMATED
CONSTRUCTION COST
$800K
Road 40 East Extension - Background
ROW Width Varies
Pa
g
e
3
5
o
f
9
5
FULL ROADWAY SECTION
•TWO WAY TRAFFIC
•CENTER TURN LANE
TOTAL ESTIMATED
PROJECT COST
$1.3M
Road 40 East Extension Update
Pa
g
e
3
6
o
f
9
5
PARTIAL ROADWAY SECTION – ONE WAY ONLY
•ONE WAY TRAFFIC (NB)
Wide shoulders
TOTAL ESTIMATED
PROJECT COST
$800K
Road 40 East Extension Update
Pa
g
e
3
7
o
f
9
5
Questions?
Pa
g
e
3
8
o
f
9
5
AGENDA REPORT
FOR: City Council December 6, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 12/9/24
FROM: Richa Sigdel, Deputy City Manager
Community & Economic Development
SUBJECT: Monthly Update: Traffic Impact Fee Study (5 minutes)
I. REFERENCE(S):
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Not Applicable
IV. HISTORY AND FACTS BRIEF:
The purpose of the study is to assess the financial impact of new developments
on City of Pasco’s (City's) transportation infrastructure. Transportation Impact
Fees ensures that the City has adequate transportation facilities to serve new
growth and development. The City has recently relied on proportionate shares to
fund critical transportation projects, and this study is part of a long-term strategy
to create a more sustainable growth model for the City’s transportation network.
The City's current Traffic Impact Fee (TIF) applies to all development west of 20th
Avenue. This fee was implemented in March, 2005 and then updated in
February, 2009. The impact fee has not been updated since 2009, creating
challenges for the City to construct adequate transportation infrastructure. Since
its inception, the City has collected close to $6 million in traffic impact fees.
Traffic Impact Fees are:
Residential developments $709.00
Multifamily units $435.00
Commercial $43.00 per daily vehicle trip
Page 39 of 95
V. DISCUSSION:
The Traffic Impact Fee Study is being conducted by Fehr & Peers. Effort
started in November, 2022 and stalled in November, 2023. The effort is being
restarted adopting and study completing the aim the with now of
recommendations by March, 2025. Below are some key tasks that need to be
completed in this effort.
1. - from Derived list transportation update and Review project
Transportation Improvement Plan (TIP) and Capital Improvement Plan
(CIP) that has been created over six public outreaches and Council
review and approval.
2. Confirm growth estimates - Update the commercial and industrial growth
estimates that was done in 2022-2023 timeline.
3. Determine share of trips attributable to growth and further to specific TIF
districts.
4. Calculate impact fee rate and update fee schedule
5. Outreach - Two (2) meetings with Developers, one (1) meeting with
public at-large, and two (2) in-person Council meeting updates.
Staff received Council guidance and approval on this proposed path forward.
Over the past month, staff has finalized the professional services agreement
with Fehr & Peers in accordance with the outlined scope. In addition, staff has
been developing a potential project list based on the approved Transportation
System Capital Master Plan, Transportation Improvement Plan, and
Improvement Plan. This list will be submitted to Fehr & Peers for further review
and input. Once finalized, staff will present the list to the Council as part of the
regular monthly updates. Legal review will occur periodically to ensure that the
methodology complies with the strict legal requirements for impact fees.
Page 40 of 95
Pasco City Council Meeting
December 9, 2024
Pa
g
e
4
1
o
f
9
5
Monthly Update: Traffic Impact Fee
Study
Pa
g
e
4
2
o
f
9
5
Introduction
Purpose: To assess the financial impact of new
developments on the city’s transportation
infrastructure
Consultant: Fehr & Peers
Pa
g
e
4
3
o
f
9
5
Study Scope
Fehr & Peers will conduct a comprehensive analysis
including:
o Examine deficiencies
o Evaluate growth estimates
o Recommend districts
o Traffic modeling and forecasts
o Calculate Impact Fee Rates and recommend fee
schedule
Pa
g
e
4
4
o
f
9
5
Outreach
o Monthly staff update to Council
o Two meetings with Development
community
o One meeting for community at large
Pa
g
e
4
5
o
f
9
5
Updates
Contract Executed
Kick-off Meeting scheduled for next week
Potential project list is being worked on to send to
consultant for further review
Sources
Transportation System Master Plan
Transportation Improvement Plan
Capital Improvement Plan
Project is on track to meet schedule of adoption by March, 2025
Pa
g
e
4
6
o
f
9
5
Questions
Pa
g
e
4
7
o
f
9
5
AGENDA REPORT
FOR: City Council December 3, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 12/9/24
FROM: Ken Roske, Police Chief
Police Department
SUBJECT: *Resolution - Interlocal Agreement between the City of Pasco and the
Port of Pasco for Airport Police Services (5 minutes)
I. REFERENCE(S):
Proposed Resolution
Interlocal Agreement between the City of Pasco and Port of Pasco for Airport
Police Services
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
No additional financial burden
IV. HISTORY AND FACTS BRIEF:
has PD) (Pasco Department Police For the decades, two over Pasco
supported the Tri-Cities Regional Airport to provide police services, including
the processing of police records, evidence management, and law enforcement
response when needed. These efforts have supported compliance with federal
security regulations and ensured public safety at the airport.
Recently, the Port of Pasco Police Department, previously responsible for
dedicated security and enforcement at the airport, was disbanded. This shift
necessitates the formalization of Pasco PD's role through a proposed Interlocal
Agreement with the Port of Pasco. The plan outlines the assignment of four
full-time Pasco PD officers to provide security, routine enforcement, and
emergency response. Oversight of these operations will be coordinated by the
Pasco Chief of Police and managed on-site by the Field Operations Division
Captain and District 1 Lieutenant. Officers assigned to the airport will receive
specialized training to meet TSA and FAA requirements, and PPD will assume
Page 48 of 95
full responsibility for maintaining related records and operational support.
V. DISCUSSION:
The proposed Police Services Operating Plan and Interlocal Agreement aim to
address the increased responsibilities stemming from the disbandment of the
Port of Pasco Police Department. Under the new agreement, Pasco PD will
formally provide comprehensive policing services, ensuring that public safety,
federal compliance, and operational efficiency are maintained.
The proposal includes the allocation of four full-time officers, specialized
training support to resources additional compliance, federal for and
the responsibilities. This will require the addition of four police officers,
expansion of departmental resources. The formalized agreement will enhance
safety and ensure effective collaboration with airport and federal authorities.
The Tri-Cities Regional Airport serves as a critical infrastructure for the region,
and approving this plan is essential to uphold its security and operational
integrity.
Page 49 of 95
Resolution– ILA for Port of Pasco for Police Services - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE PORT OF PASCO AND THE CITY OF PASCO
FOR AIRPORT POLICE SERVICES.
WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political
subdivisions to jointly exercise their powers, privileges, or authorities with other political
subdivisions of this State through the execution of an interlocal cooperative or interagency
agreement; and
WHEREAS, the City of Pasco, Washington (City) and the Port of Pasco (Port) desire to
enter into this Interlocal Agreement for the purpose of providing police services at the Tri-Cities
Regional Airport; and
WHEREAS, for over two decades, the Pasco Police Department (Pasco PD) has provided
essential police services, including law enforcement response, records processing, and evidence
management, to the Tri-Cities Regional Airport located in Pasco, Washington, ensuring
compliance with federal security regulations and public safety standards; and
WHEREAS, the disbandment of the Port of Pasco Police Department has necessitated a
formalization of the roles and responsibilities of the Pasco PD in the provision of comprehensive
policing services at the Tri-Cities Regional Airport; and
WHEREAS, the proposed Interlocal Agreement between the City and the Port establishes
the assignment of four full-time Pasco PD officers to the Airport, ensuring the continuation of
critical security, enforcement, and emergency response functions; and
WHEREAS, the officers assigned to the Airport will receive specialized training to meet
the security and operational requirements of the Transportation Security Administration (TSA)
and the Federal Aviation Administration (FAA); and
WHEREAS, the Interlocal Agreement includes terms with funding for staffing, training,
and operations fully covered by the Port, thereby avoiding any additional financial burden on the
City; and
WHEREAS, this Interlocal Agreement will maintain the safety, federal compliance, and
operational integrity of the Tri-Cities Regional Airport, a critical infrastructure facility for the
region; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into the
interlocal agreement to provide police services at the Tri-Cities Regional Airport with the Port of
Pasco.
Page 50 of 95
Resolution– ILA for Port of Pasco for Police Services - 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the
Interlocal Agreement between the Port of Pasco and the City of Pasco; a copy of which is attached
hereto and incorporated herein by reference as Exhibit A.
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of
Pasco; and to make minor substantive changes as necessary to execute the Agreement.
Be It Further Resolved, that this Resolution 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, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 51 of 95
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF PASCO AND THE PORT OF PASCO
FOR AIRPORT POLICE SERVICES
BY THIS INTERLOCAL COOPERATION AGREEMENT entered into this _____ day of
__________, 20__, between the City of Pasco, a Washington Municipal Corporation, hereafter referred to
as “City” and the Port of Pasco, a Washington Municipal Corporation, hereinafter referred to as “Airport”
or “Port” as appropriate.
WHEREAS, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, the Parties hereto
desire to enter into an agreement for the purpose of providing police services at the Tri-Cities Airport, 3601
N 20th Ave, Pasco, WA 99301, hereinafter referred to as "Airport”. Said personnel will provide police
services to the Airport as well as the surrounding areas of the City.
WHEREAS, the Port owns, maintains, and operates the Airport under Chapter 14.08 RCW and is
empowered thereby to contract with any political subdivision of the State of Washington for the furnishing
of police protection; and
WHEREAS, the City maintains a Police Department and is able and willing to render police
services at the Airport upon reasonable terms; and
WHEREAS, the City has provided similar services in the past, and will continue to do so at the
Airport.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed
between the parties as follows:
1. Police Services. The Port shall provide access to the terminal facility located at the Airport, and
the City shall provide police services for the benefit of the Port as provided in the Airport Police
Services Operating Plan, which is attached hereto and incorporated herein by this reference as
Exhibit A. The Airport Police Services Operating Plan may be modified and amended by written
agreement between the Airport Director and the City Police Chief.
The Port recognizes the City Police Chief as the Airport Police Chief and hereby delegates authority
to the Police Chief to administer the Airport Police Services Operating Plan as written. Further, the
Port recognizes that by delegating authority, the Port still maintains responsibility for providing
police services that comply with 49 CFR § 1542 §and WAC 296-305, except for those
responsibilities undertaken by the City under the Airport Police Services Operating Plan.
2. Service Payments.
A. The Port agrees to pay to the City for services provided under Section 1 above:
(1) For the calendar year 2025, the City will phase in officers as they are hired and complete
the basic police academy. See Exhibit A.
Page 52 of 95
(2) Commencing the first day of January 2026, and subsequent years, the annual service
payment shall be based on the actual costs for personnel as established through the
Collective Bargaining Agreement (CBA) between the City of Pasco and Pasco Police
Officer’s Association for the respective calendar year. During protracted contract
negotiations exceeding one year, the annual service payment shall be increased by the
Consumer Price Index issued by the US Department of Labor for the West Coast Class B/
C Cities. Once contract negotiations are finalized the service payment shall be adjusted to
the actual salaries. If the CBA occurs after the first of any new calendar year, the sum shall
be revised accordingly, and the City reimbursed by the Port for such retroactive payments.
The annual payments as determined shall be divided into twelve (12) equal monthly
installments and payable on the 15th day of each month during the term.
(3) Commencing the first day of January 2026, an annual administrative fee of $58,600 will
be billed to the Port for each of the four officers assigned to the airport.
3. Provided Equipment and Facilities. The City shall provide any and all equipment at the Airport
required to provide police services as required under the Airport Police Services Operating Plan.
The Port shall provide the facilities for the Airport and the provision of police services as required
under the Airport Police Services Operating Plan.
As a part of the Airport Police Services Operating Plan, each party shall maintain an inventory of
all equipment owned by that party having a value more than $5,000. Such equipment identified in
the attached inventory shall remain the property of that party who shall assume full responsibility
for its maintenance, repair, and replacement. The inventory is attached hereto and incorporated
herein by this reference as Exhibit B.
4. Term of Agreement. This Agreement shall commence on the first day of December 2025, for a
term of five (5) years terminating on 30 day of November 2030, unless earlier terminated as
provided in Section 8, below.
5. Indemnification and Hold Harmless. The City agrees that it will protect, save, defend, and hold
harmless and indemnify the Port, its employees, volunteers, officers, and agents from any and all
demands, claims, judgments, or liability for loss or damage arising from negligent acts or
omissions, or intentional damage for injury caused by a City employer, agent, volunteer or officer,
except for losses or injuries occurring in whole or in part as a result of the negligence of the Port,
its agents, officers, volunteers or employees.
The Port agrees that it will protect, save, defend, and hold harmless and indemnify the City, its
employees, volunteers, officers and agents from any and all demands, claims, judgments, or liability
for loss or damage arising from negligent acts or omissions, or intentional damage for injury caused
by a Port employee, agent, volunteer or officer, except for losses or injuries occurring in whole or
in part as a result of the negligence of the City, its agents, officers, volunteers or employees.
The Port shall name the City as an additional insured on its airport liability policy covering the
service to be provided by the City to the Port upon the Airport property. The Port shall furnish the
City proof of such an endorsement within thirty (30) days of the date of this Agreement. In the
event the policy of insurance providing such coverage is cancelled or amended substantially
Page 53 of 95
limiting the coverage available for the City as an additional insured under the Port's policy, the Port
shall provide the City notice within three (3) days of the receipt of notice by the Port of such
cancellation or modification to the policy. Cancellation or modification of the policy as provided
above, shall be cause for early termination of this Agreement by the City as provided in Section 8
below, however, such termination shall not occur prior to the effective date of the cancellation or
modification of coverage as described above, and such early termination shall not in any event
occur earlier than ninety (90) days from the date of notice to the City of cancellation or modification
to the policy.
6. Waiver of Subrogation. The Port and the City hereby mutually release each other from liability
and waive all right of recovery against each other for any loss or damage to property from perils
insured against under their respective property insurance contracts, including any extended
coverage endorsements thereto; provided, that this Section 6 shall be inapplicable if it would have
the effect, but only to the extent that it would have the effect of invalidating any insurance coverage
of Port or City.
7. Discrimination Unlawful. Neither party shall discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin.
8. Early Termination. In the event of default of the terms of this Agreement, either party may cause
the early termination of this Agreement for breach of this Agreement upon giving at least thirty (30)
days written notice of default. The notice shall set forth the cause for termination and the
compliance period. In the event the default cannot be cured within thirty (30) days, the defaulting
party shall be provided a reasonable time within which to cure the default. The Agreement shall be
terminated at the end of the compliance period if the cause for termination has not been cured,
PROVIDED, and notwithstanding any other provision herein to the contrary, the City will
immediately upon notification commence to cure any default which could result in the loss of the
Port' s FAA certification and shall complete correction as soon as possible thereafter. Either party
may at any time cause this Agreement to terminate without cause upon at least two (2) years
advance written notice to the other party prior to the intended date of termination.
9. Training. The City shall provide the training necessary to meet the goals and objectives of the
Police Department. The Port shall cooperate and support these services by permitting and
facilitating practice drills, planning exercises, and airport familiarization.
10. Renegotiation. This Agreement, or any section thereof, may be renegotiated by the parties and any
agreement as a result of such renegotiation shall be by written amendment to this Agreement and
signed by the parties.
11. The Interlocal Cooperation Act Provisions. All vehicles, equipment, inventory, and any
improvement thereon or fixtures purchased by the City, shall remain the sole property of the City.
All vehicles, equipment, inventory, and any improvements thereto and non-fixture improvements
to the premises purchased by the Port, shall remain the sole property of the Port. All personnel
utilized by the City in the fulfillment of this Agreement shall be solely within the supervision,
direction and control of the City and shall not be construed as "loan servants" or employees of the
Port. The City Manager of the City of Pasco, Washington, shall be designated as the Administrator
of this Interlocal Agreement.
Page 54 of 95
No independent special budget or funds are anticipated, nor shall be created without the prior
written agreement of the parties. It is not intended that a separate legal entity be established to
conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal
property other than as specifically provided within the terms of this Agreement.
A copy of this Agreement shall be filed with the Franklin County Auditor's office or posted on the
City or Port's website as required by RCW 39.34.040.
12. General Provisions. For the purpose of this Agreement, time is of the essence.
This Agreement is governed, construed, and enforced in accordance with the substantive laws of
the State of Washington.
In the event of a dispute regarding the enforcement, breach, default, or interpretation of this
Agreement, the City Manager and Port Manager, or their designees, shall first meet in a good faith
effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the
parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with
both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin
County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney
fees and costs as additional award and judgment against the other.
13. Termination of Former Agreement. All prior Agreements between the parties for police services
to be provided at the Airport premises are hereby superseded upon the execution of this Agreement
and terminated.
14. Responsibility for Actions of Agents, Employees, or Representatives. No agent, employee,
servant, or representative of the City shall be deemed to be an employee, agent, servant, or
representative of the Port for any purpose and vice versa. Each party shall be solely and entirely
responsible for its acts and for the acts of its agents, employees, servants, subcontractors or
otherwise during the performance of this Agreement except as may be set forth herein.
DATED this ____ day of ______________, 20XX.
CITY OF PASCO:
Adam R. Lincoln, City Manager
ATTEST: APPROVED AS TO FORM:
Debra C. Barham, City Clerk Kerr Ferguson Law, PLLC, City Attorney
Page 55 of 95
PORT OF PASCO:
Commission President
ATTEST: APPROVED AS TO FORM:
Secretary Attorney for Port of Pasco
STATE OF WASHINGTON)
: ss.
County of Franklin )
On this day personally appeared before me PETE SERRANO, Mayor of the City of
Pasco, Washington, to be known to be the individual described in and who executed the within
and foregoing instrument and acknowledged that he signed the same as his free and voluntary act
and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this ____ day of _________. 202X.
____________________________________________
NOTARY PUBLIC in and for the State of Washington
Residing at: __________________________________
My Commission Expires: _______________________
STATE OF WASHINGTON)
: ss.
County of Franklin )
On this day personally appeared before me ______________________, of the Port of
Pasco, to be known to be the individual described in and who executed the within and foregoing
instrument and acknowledged that he signed the same as his free and voluntary act and deed for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal this ____ day of _________. 202X.
____________________________________________
NOTARY PUBLIC in and for the State of Washington
Residing at: __________________________________
My Commission Expires: ______________________
Page 56 of 95
Exhibit A
The City of Pasco and the Port of Pasco
Date: November 21, 2024
1. Response Time and Staffing Support: The City of Pasco (City) will ensure a 10-minute
response time to the Transportation Security Administration (TSA) security checkpoint at
the Tri-City Aiport (TCA) for all mandated times during the transition period.
Furthermore, the City will collaborate with TCA to allow the use of TCA's part-time
staff, as deemed appropriate, to enhance efficiency during the transition.
2. Phased Staffing Plan and Billing Rates: The City will phase in the assignment of police
officers to the Tri-City Airport (TCA) throughout the 2025 calendar year. As officers are
assigned full-time to TCA, the City will bill the Port of Pasco (Port) at the following
rates:
o Standard Salary Rate (including benefits): $79.50 per hour
o Overtime Rate (for officers assigned to TCA): $98.50 per hour
3. Staffing Shortage and Academy Training: In the event that the Pasco Police
Department (PPD) does not have sufficient staffing to fill four officer positions by
January 1, 2025, the PPD will recruit and send additional police officers to the police
academy. The Port will be billed 50% of the cost for each new officer’s training at the
police academy, as outlined in the collective bargaining agreement between the City of
Pasco and the Pasco Police Officers' Association, for the duration of the officer's training.
4. One-Time Setup Fee: A one-time setup fee for the City to provide police services to
TCA will be $58,600, which will be billed directly to TCA.
5. Equipment Replacement Fees: The City will negotiate with the Port regarding any
necessary equipment replacement fees.
Page 57 of 95
POLICE SERVICES OPERATING PLAN
(Exhibit B) - DRAFT
I. GENERAL
The City of Pasco, herein referred to as "City," agrees to provide police services to Tri-Cities
Airport under the terms of an Interlocal Agreement with the Port of Pasco, referred to as
"Port."
The purpose of this plan is to ensure a high standard of public safety and regulatory
compliance within the airport facilities by assigning four full-time Pasco Police Department
(PPD) officers on 10.67-hour shifts.
II. PURPOSE
A. To deliver qualified, responsive police services, including enforcement, security, and
emergency response at Tri-Cities Airport, in alignment with TSA regulations and airport
security requirements.
B. To specify the roles and responsibilities of PPD and the Port in the management and
implementation of police services within the airport.
C. To identify and delineate the roles and responsibilities of the Port and the City in the
administration, management, and implementation of the Interlocal Cooperative
Agreement and service delivery.
III. MANAGEMENT AND ADMINISTRATION
The Pasco Chief of Police will oversee the implementation of services, coordinating with the
Airport Director and Port administration.
The officers assigned at the airport will operate under the direction of the District 1
Lieutenant, and the on-duty patrol watch commander will supervise day-to-day operations in
coordination with airport management.
A. ROLES AND RESPONSIBILITIES
1. Primary Duties: Morning security sweeps, response to TSA calls, Aviation Worker
Screening, alarm response, and other assigned duties.
2. Routine Enforcement: Parking, traffic, curb enforcement, and response to
disturbances and emergencies in and around the terminal.
3. Emergency Response: Officers will respond to medical emergencies, accidents, and
incidents requiring immediate law enforcement intervention, with coordination for
support from local, state, and federal agencies as needed.
Page 58 of 95
B. INTERAGENCY COMMUNICATION
1. All issues requiring interpretation of the agreement will be resolved in consultation
between the Airport Director and the Chief of Police.
2. Emergency communications will utilize designated channels in coordination with
Incident Command Post, and the Tri Cities Air Traffic Control Tower (ATCT).
C. TRAINING AND CERTIFICATION
1. PPD officers assigned to the airport will undergo required TSA and FAA training,
including initial airport security procedures and annual recertification. Training will
cover TSA required responses and FAA regulations.
2. Additional training in local protocols, communication procedures, and coordination
with the Airport Operations Specialist will be provided on an ongoing basis.
D. EQUIPMENT AND RESOURCE
1. PPD officers will use airport provided communication devices to maintain awareness
of alarms and calls.
2. All necessary law enforcement equipment, including communication tools, personal
protective equipment, and firearms, will be maintained to comply with City
standards.
E. STAFFING AND SHIFTS
1. Four PPD officers will be assigned to 10.67-hour shifts to cover the airport’s
operational needs from TSA opening at 3:15 AM until the final outbound flight
departs. These times may vary slightly as TSA openings are adjusted.
2. Any deviations from the required staffing levels will be communicated to both the
Airport Director and the Chief of Police to address operational gaps promptly.
F. INCIDENT RESPONSE AND COMMAND
1. The assigned PPD officer at the scene will serve as Incident Commander until
relieved by a supervisor or other designated authority.
2. For major incidents, a unified command structure will be implemented with
representation from the Port, TSA, and other relevant entities.
G. AMENDMENT AND DISPUTE RESOLUTION
1. Amendments to this operating plan shall be agreed upon in writing by the Chief of
Police and theAirport Director.
2. Any disputes regarding interpretation or execution of the agreement will follow the
dispute resolution procedures outlined in the interlocal agreement.
Page 59 of 95
H. MAINTENANCE OF RECORDS
1. The Pasco Police Department will be responsible for maintaining all police records.
2. These records will include training certifications, incident reports, response times,
and any additional records as needed.
3. Records will be kept in accordance with public records legislation and will be made
available to the Port and TSA representatives upon request.
Page 60 of 95
AGENDA REPORT
FOR: City Council December 6, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 12/9/24
FROM: Richa Sigdel, Deputy City Manager
City Manager
SUBJECT: Presentation of Proposed Changes to the Rental License Program (10
minutes)
I. REFERENCE(S):
PowerPoint Presentation
Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
by established Program, Inspection Housing Pasco's of City The Rental
ordinance in 1997 and codified in Pasco Municipal Code 5.60.030, is designed
to ensure the safety and habitability of rental properties within the city. The
program identifies and addresses issues that could endanger tenant health or
safety, including structural problems, exposure to weather, plumbing and
sanitation defects, lack of water or heating, hazardous electrical systems, and
fire safety violations.
The State of Washington identifies rules and procedures for rental property
inspections local by municipalities in RCW 59.18.125. Rental inspection
programs are not required in the State of Washington.
At the August 19, 2024, regular Council meeting, Inspection Services staff
delivered a presentation outlining the City’s rental inspection program. The
discussion focused on the current inspection requirements, complementary
approaches to improve compliance and efficiency, and the importance of
Page 61 of 95
maintaining a proactive approach to ensure the safety and habitability of rental
properties. This presentation provided Council with a comprehensive overview
of the program and set the stage for exploring potential updates and
alternatives.
V. DISCUSSION:
The proposed ordinance introduces significant updates to the City’s rental
inspection program to enhance efficiency, incentivize compliance, and better
allocate resources. Under the new provisions, properties that fail an initial
inspection but pass a reinspection will be placed on a three-year inspection
cycle. Properties that pass two consecutive three-year cycles without requiring
reinspection's will transition to a six-year cycle. Additionally, properties that
already have two consecutive passed inspections will automatically be placed
on the six-year inspection cycle. Newly constructed buildings will also begin on
a six-year cycle, with inspections starting from the date the certificate of
occupancy is issued.
The ordinance also incorporates additional changes to improve clarity and
alignment with state and local standards. These include adopting exemptions
outlined in RCW 59.18.040, updating definitions to include immediate family,
aligning standards compliance with the City’s adopted Maintenance Code, and
revising requirements to allow property owners to hire qualified inspectors
instead of relying solely on City inspectors. Together, these changes aim to
streamline the program, reduce costs, and direct attention to properties
requiring greater oversight, enhancing the effectiveness of the City’s rental
inspection program.
Staff presented to Council on December 2nd Regular Meeting with two options:
1) revise the program or 2) eliminate the program altogether. Staff is presenting
the ordinance to revise the program as requested by Council requested.
Page 62 of 95
December 9th, 2024
Pasco City Council
Workshop
Pa
g
e
6
3
o
f
9
5
Rental Licensing &
Inspection Program
Proposed Updates
December 9th, 2024
Pasco City Council
Pa
g
e
6
4
o
f
9
5
Background
Inspection Process
Proposed Changes
Approaches
01
02
03
04
Pa
g
e
6
5
o
f
9
5
Background
4
Pa
g
e
6
6
o
f
9
5
Council Goals 2024-2025
Promote a high-quality of life through programs and
services
Promote and encourage economic vitality
The City of Pasco's Rental Licensing and Inspection Program ensures
safe, habitable living conditions for tenants while maintaining property
values and neighborhood stability through proactive inspections and
accountability of property owners and tenants.
Pasco Council Goals & Rental Housing
5
Pa
g
e
6
7
o
f
9
5
Who does the program benefit?
Property Owners and Managers
Tenants
Neighbors
Fire & Police
Community
A Mutually Beneficial Program
6
Pa
g
e
6
8
o
f
9
5
Dwelling units must comply with Pasco Municipal Code Title 5.60 and the
International Property Maintenance Code (IPMC) to obtain a City of Pasco
rental License.
•Structural Stability
•Structural Maintenance
•Plumbing and Sanitation
•Lack of hot water or water service
•Hazardous or inoperable heating and ventilation
•Defective, hazardous or missing electrical service and wiring
•Defective and inadequate emergency escapes and exits
•Anything which increases the risk of fire
•Violations of other applicable codes, rules, or regulations
Priority Habitability Issues
7
Pa
g
e
6
9
o
f
9
5
Proactive v. Reactive Inspections
8
Program Type Pros Cons Relation to Targets
Proactive Programs
Prevent issues before
they arise, Cost-
effective long-term,
Improves overall
compliance
Requires upfront
investment, May not
address all emerging
issues, Longer
implementation
Aligns with long-term
targets, Reduces the
need for reactive
measures, Builds a
sustainable system
Reactive Programs
Addresses immediate
problems, Quick
response
High cost over time,
Only solves issues
after they occur, Can
lead to repeated
problems
Supports short-term
targets, Temporary
solutions to
immediate concerns,
Doesn't contribute to
long-term goals
Pa
g
e
7
0
o
f
9
5
Inspection Process
9
Pa
g
e
7
1
o
f
9
5
What is the current process?
•Initial licensing
•Once every two years thereafter
•Upon complaint by the tenant RCW 59.18
•When requested by a landlord
Inspection
10
What is inspected?
•Dwelling units and accessory structures
•Life, safety and health
•Inspection Results
o Pass
o Pass with Corrections
o Fail
Inspections are conducted by a Code Officer or
an approved 3rd party inspector
Pa
g
e
7
2
o
f
9
5
Obstructed Emergency Response
11
Pa
g
e
7
3
o
f
9
5
Gas Fueled Appliance Ventilation & Safety Bi-product:
Carbon Monoxide
12
Pa
g
e
7
4
o
f
9
5
Laundry, Bath & Kitchen Ventilation
13
Interconnected
Laundry &
Bath
Ventilation
Dryer Vented Through Kitchen
Exhaust Ducting
Pa
g
e
7
5
o
f
9
5
Pests & Sanitation
14
Pa
g
e
7
6
o
f
9
5
Hazardous Stairs & Railings
15
Pa
g
e
7
7
o
f
9
5
Electrical Hazards & Defects
16
Pa
g
e
7
8
o
f
9
5
Proposed Changes
17
Pa
g
e
7
9
o
f
9
5
Inspection Cycle Based on Compliance
•Applicants failing an initial inspection but passing a reinspection or pass with corrections will be placed on
a three-year inspection cycle.
•After passing two consecutive three-year cycles without corrections or reinspections, they will transition to
a six-year inspection cycle.
•Applicants who pass their inspection without requiring a reinspection will be placed directly on a six-year
cycle.
•Newly constructed buildings will start on a six-year inspection cycle, beginning on the date the certificate
of occupancy is issued.
•The certificate of inspection must be submitted no later than 90 days after the property is due for
inspection based on the assigned inspection cycle.
Failures:
•Applicants who fail any inspection but pass a reinspection will be placed on a three-year inspection cycle.
•They will remain on this cycle until achieving two consecutive passed inspections.
Code Changes
18
Pa
g
e
8
0
o
f
9
5
Upon ordinance implementation:
•Applicants with two consecutive
passed inspections will move to the
six-year inspection cycle, with their
next inspection scheduled six years
after their most recent inspection.
•Applicants who have not passed two
consecutive inspections will be placed
on the three-year inspection cycle.
Once they successfully pass two
consecutive inspections without
requiring a reinspection, they will
transition to the six-year cycle.
Transition for Current Licenses
19
Pa
g
e
8
1
o
f
9
5
Further Code revisions
Incorporated exemptions as outlined in RCW 59.18.040
Expanded definitions to include "immediate family“
Aligned standards compliance with the City's currently
adopted Maintenance Code
Revised requirements to allow hiring a qualified inspector
in place of utilizing City inspectors
Additional Updates
20
Pa
g
e
8
2
o
f
9
5
Continued
Improvement & the
Alternative Path
21
Pa
g
e
8
3
o
f
9
5
Continued Improvements to the Program
22
Expanded Public Outreach and
Education Campaigns
•Landlord & Tenant Information Sessions
•Social Media & Educational Literature
•Create list of approved 3rd Party
Inspectors
•Partner with schools, management
companies, rental & tenant associations
•Host stakeholder meetings to prompt
innovative solutions
Pa
g
e
8
4
o
f
9
5
Program Discontinuation
•Council Decision: If the City Council determines that the program is no longer serving its
intended purpose, it may be discontinued.
•Staff Reallocation: Staff currently assigned to the program will be reassigned to other
programs, helping to alleviate workload pressures in other areas.
•Next Steps: If Council chooses to discontinue the program, Staff will prepare and present an
ordinance to formally remove it from the City code.
Alternative Path
23
Pa
g
e
8
5
o
f
9
5
Harvard Joint Center for Housing Studies - Housing in the Context of Neighborhood Decline: Link to article (Harvard Joint Center for Housing Studies) (HUD User).
Urban Institute - Mapping Neighborhoods with the Highest Risk of Housing Instability and Homelessness: Link to article (Urban Institute).
Urban Institute – Proactive Rental Inspections Can Help Improve Tenant Health Outcomes: Link to article (Urban Institute).
Rental Housing Association of Washington & Landlord Association - Summary of Washington State Rental Programs: Link to Page (RHAWA)
RentalAssistance.net on Rental Assistance Programs: This resource discusses various rental assistance programs and their impact on housing stability, which is relevant to reactive
rental strategies. Read more here (Rental Assistance).
Urban Institute: How Housing Affects Children’s Outcomes. Read the article here (Housing Matters).
New America: Stable Housing is Unequivocally Good for Children and Families. Read the article here (New America).
Why Emergency Escape & Rescue Openings Matter – UL FSRI Home Furnishings Comparison (Natural vs. Synthetic)
Rental Licensing & Inspection Program - Ordinance 3231
United States Court of Appeals, Ninth Circuit, Columbia Basin Apartment Ass’n v. City of Pasco
2001 The Court of Appeals of Washington, Division Three, City of Pasco v. Shaw 2005
Supreme Court of Washington, Review Ordinance 3231, City of Pasco v. Shaw -
2007 International Property Maintenance Code (IPMC)
Rental Licensing & Inspection Program Fee Increase – Ordinance
4321 Pasco Municipal Code – Rental Licensing & Inspections 5.60
Resources & Information
24
Pa
g
e
8
6
o
f
9
5
Pa
g
e
8
7
o
f
9
5
Ordinance – Amending PMC 5.60.010, 5.60.020 & 5.60.030 - 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE SECTIONS 5.60.010, 5.60.020 &
5.60.030 RELATED TO RENTAL LICENSE.
WHEREAS, the City is committed to ensuring the safety, habitability, and quality of rental
properties for all residents; and
WHEREAS, the current inspection cycle does not adequately differentiate between
properties that consistently meet inspection standards and those that require additional oversight;
and
WHEREAS, the City seeks to incentivize compliance by extending the inspection interval
for properties that demonstrate a consistent history of meeting all minimum habitability standards
during each inspection and
WHEREAS, allocating inspection resources to properties requiring greater attention will
enhance the City’s ability to address safety and maintenance concerns effectively; and
WHEREAS, extending the inspection cycle for compliant properties allows the City to
streamline its operations and promote efficient use of staff time and resources; and
WHEREAS, these changes will enhance the City’s ability to address safety and
maintenance concerns while promoting equitable and efficient oversight of rental properties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. PMC 5.60.010 is hereby amended and shall read as follows:
5.60.010 License required.
No person shall make available for rent, or rent, lease, or let to the public, any
residential dwelling as defined below without securing and maintaining a current
business license as required by this chapter, unless exempt under RCW 59.18.040.
Section 2. PMC 5.60.020 entitle “Definitions” is hereby amended and shall read as
follows:
5.60.020 Definitions.
(1) Rentals – Dwelling Units. Any person renting or making available for rent to
the public any dwelling unit shall secure a license registering each dwelling unit,
including a certification warranting that each such dwelling unit complies with the
Page 88 of 95
Ordinance – Amending PMC 5.60.010, 5.60.020 & 5.60.030 - 2
Uniform Housing Code Currently adopted International Property Maintenance
Code as adopted by the City and does not present conditions that endanger or impair
the health or safety of the tenants. For the purpose of this section “dwelling unit”
shall mean any structure or part of a structure which is used as a home, residence
or sleeping place by one, two or more persons maintaining a common household,
including but not limited to single-family residences and units of multiplexes,
apartment buildings and mobile homes. The annual business license fee shall be
payable for each independent business property location and the first unit and an
additional fee for each additional rental dwelling unit available for rental to the
public by the applicant. All revenues received from this business license fee shall
be utilized exclusively for the cost of issuance of the license provided herein and
the administration of this title. Issuance of the business license shall be contingent
upon submission of the certification, inspection, as required by this chapter,
payment of the fee provided above and compliance with this chapter.
(2) Immediate Family – Includes state registered domestic partner, spouse, parents,
grandparents, children, including foster children, siblings, and in-laws.
Section 3. PMC Section 5.60.030 entitled “Inspection Required” is hereby amended
and shall read as follows:
5.60.030 Inspection Required
(1) As a condition for the issuance of a license provided by this chapter, the
applicant shall provide a certificate of inspection that all of the applicant’s rental
dwelling units, per parcel identified in the application, comply with the standards
of the Uniform Housing Code currently adopted International Property
Maintenance Code and do not present conditions that endanger or impair the health
or safety of a tenant, including:
(a) Structural members that are insufficient in size or strength to carry
imposed loads with safety;
(b) Exposure of the occupants to the weather;
(c) Plumbing and sanitation defects that directly expose the occupants to the
risk of illness or injury;
(d) Lack of water, including hot water facilities that are not adequate to
supply heat and water and hot water as reasonably required by the tenant,
(e) Heating or ventilation systems that are not functional or are hazardous;
Page 89 of 95
Ordinance – Amending PMC 5.60.010, 5.60.020 & 5.60.030 - 3
(f) Defective, hazardous, or missing electrical wiring or electrical service;
(g) Defective or inadequate exits that increase the risk of injury to occupants;
(h) Violations Conditions that increase the risks of fire; or
(i) Violations of other applicable codes, rules or regulations.
(2) Timing of Inspection. To facilitate the availability of an inspection by
each applicant, at the time of application, an inspection renewal period shall
be established upon which the applicant shall submit its initial certificate of
inspection. and the corresponding renewal date of the certificate of
inspection two years thereafter. The renewal periods shall be divided into
calendar quarters over a two-year period and assigned to the applicant at the
time of registration on a rotational basis. The first calendar quarter shall
commence on the first day of January, terminating on the last day of March;
the second calendar quarter shall commence on the first day of April and
terminate on the last day of June; the third calendar quarter shall commence
on the first day of July and terminate on the last day of September; and the
fourth calendar quarter shall commence on the first day of October and
terminate on the last day of December, with one half of which shall be
scheduled in years ending with an even digit and the remaining half being
scheduled in years ending with an odd digit. Certificates of inspection shall
be submitted no later than the last day of the applicant’s assigned calendar
quarter. During the first two years of the implementation of the ordinance
codified in this chapter, the applicant shall be granted a provisional business
license pending the timely submission of its initial certificate of inspection.
(a) Rental properties that fail an initial inspection but subsequently pass a
reinspection or pass with corrections shall be required to submit a certificate
of inspection every three years. Upon passing two consecutive three-year
cycles, they will transition to a six-year inspection cycle. Rental properties
that pass initial inspection without corrections shall be placed directly on a
six-year inspection cycle. Newly constructed buildings entering their initial
period of occupancy shall be placed on the six-year inspection cycle,
commencing from the date the certificate of occupancy is issued.
Page 90 of 95
Ordinance – Amending PMC 5.60.010, 5.60.020 & 5.60.030 - 4
(b) Rental Properties that fail an inspection but subsequently pass a
reinspection or pass with corrections at anytime shall be placed on a three-
year inspection cycle and remain on this cycle until achieving two
consecutive passed inspections.
(c) Upon implementation of the ordinance codified in this chapter, rental
properties with two consecutive passed inspections shall be placed on a six-
year inspection cycle, with their next inspection scheduled six years after
the date of their most recent inspection. Applicants without two consecutive
passed inspections shall be placed on a three-year inspection cycle until
achieving two consecutive passed inspections.
(d) The certificate of inspection shall be submitted no later than 90 days
after the property is due for inspection based on the assigned inspection
cycle. Per RCW 59.18.125 (1)(b) A rental property inspected by a
government agency or other qualified inspector within the previous twenty-
four months may provide proof of that inspection which the City may accept
in lieu of a certificate of inspection.
(3) Inspectors. The applicant shall submit a certificate of inspection based upon
the physical inspection of the dwelling units conducted not more than 90 days prior
to the date of the certificate of inspection and compliance certified by the following:
(a) A City of Pasco Code Enforcement Officer;
(b) Inspectors certified by the United States Department of Housing and
Urban Development for grant-required inspections;
(c) Certified private inspectors approved by the City upon evidence of
completion of formal training, including the passing of an examination
administered by the National Association of Housing and Redevelopment
Officials (NAHRO), the American Association of Code Enforcement
(AACE) or other comparable professional association as approved by the
Director of Community and Economic Development, which approval or
denial shall be subject to appeal to the Code Enforcement Board;
(d) A Washington-licensed structural engineer;
Page 91 of 95
Ordinance – Amending PMC 5.60.010, 5.60.020 & 5.60.030 - 5
(e) A Washington-licensed architect.
(f) a Washington state licensed home inspector or an American society of
home inspectors certified inspector; (add per updates to RCW 59.18.030 (26)
“Qualified Inspector”
All inspection certifications shall be submitted on forms provided by the City
or approved by the United States Department of Housing and Urban
Development.
NOTE: RCW 59.18.125 (6)(e) If a rental property owner chooses to hire a
qualified inspector other than a municipal housing code enforcement officer,
and a selected unit of the rental property fails the initial inspection, both the
results of the initial inspection and any certificate of inspection must be
provided to the local municipality.
(4) Other Inspections. Nothing herein shall preclude such additional inspections
as may be conducted pursuant to the tenant remedy provided by RCW 59.18.0115
of the Residential Landlord-Tenant Act, at the request or consent of a tenant, or
issued pursuant to a warrant. [Ord. 3231 § 2, 1997; Code 1970 § 5.78.020.]
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.
Page 92 of 95
Ordinance – Amending PMC 5.60.010, 5.60.020 & 5.60.030 - 6
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
202_.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 93 of 95
Promote a high-quality of life through quality programs, services and
appropriate investment and re- investment in community
infrastructure.
City Council Goals
QUALITY OF LIFE
2024-2025
Enhance the long-term viability, value, and service levels of services
and programs.
FINANCIAL SUSTAINABILITY
Promote a highly functional multi-modal transportation system.
COMMUNITY TRANSPORTATION NETWORK
Implement targeted strategies to reduce crime through strategic
investments in infrastructure, staffing, and equipment.
COMMUNITY SAFETY
Promote and encourage economic vitality.
ECONOMIC VITALITY
Identify opportunities to enhance City of Pasco identity, cohesion,
and image.
CITY IDENTITY
Page 94 of 95
METAS DEL CONCEJO MUNICIPAL
2024-2025
Promover una alta calidad de vida a través de programas, servicios
y inversion apropiada y reinversión en la comunidad infraestructura
comunitaria.
CALIDAD DE VIDA
Promover viabilidad financiera a largo plazo, valor, y niveles de
calidad de los servicios y programas.
SOSTENIBIILIDAD FINANCIERA
Promover un sistema de transporte multimodal altamente funcional.
RED DE TRANSPORTE DE LA COMUNIDAD
Implementar estrategias específicas para reducir la delincuencia por
medios de inversiones estratégicas en infraestructura, personal y equipo.
SEGURIDAD DE NUESTRA COMUNIDAD
Promover y fomentar vitalidad económica.
VITALIDAD ECONOMICA
Identificar oportunidades para mejorar la identidad comunitaria, la
cohesión, y la imagen.
IDENTIDAD COMUNITARIA
Page 95 of 95