HomeMy WebLinkAbout2026.01.26 Council Workshop Packet
AGENDA
City Council Workshop Meeting
7:00 PM - Monday, January 26, 2026
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 254 408 242 792 32.
Audio equipment available for the hearing impaired; contact the Clerk for
assistance.
Servicio de intéprete puede estar disponible con aviso. Por favor avisa la
Secretaria Municipal dos dias antes para garantizar la disponiblidad.
(Spanish language interpreter service may be provided upon request.
Please provide two business day's notice to the City Clerk to ensure
availability.)
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
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
Page 1 of 179
opposing sides wish to speak, then both sides receive an equal amount of
time to speak or up to 4 minutes each side.
3 - 6 (a) Unlicensed Vendors - Presentation from Benton Franklin Health
District (10 minutes)
Presentation by Janae Parent, District Administrator accompanied by
Erin Hockaday, Surveillance & Investigation Branch Director and
Amanda Moe, Communications & Public Affairs Director with the
Benton Franklin Health District.
7 - 36 (b) Land Use Framework Overview - (10 minute staff presentation)
37 - 94 (c) Introduction to Ordinance - Amending Pasco Municipal Code
Related to State Environmental Policy Act (SEPA) Thresholds (8
minute staff presentation)
95 - 119 (d) Resolution - 2026 Collective Bargaining Agreement with the
Pasco Police Officers Association - Non-Uniform Bargaining Unit
(5 minute staff presentation)
120 - 165 (e) Resolution - 2026 Collective Bargaining Agreement with the
International Union of Operating Engineers Local No. 280 (5
minute staff presentation)
166 - 177 (f) Resolution - Acceptance of Work for MLB Required
Improvements at GESA Stadium - Female Locker Room
Improvements (Phase 1-A) (5 minute staff presentation)
6. MISCELLANEOUS COUNCIL DISCUSSION
7. EXECUTIVE SESSION
(a) Discussion with legal counsel about current or potential
litigation per RCW 42.30.110(1)(i) (35 minutes)
8. ADJOURNMENT
9. ADDITIONAL NOTES
178 - 179 (a) Adopted Council Goals (Reference Only)
Page 2 of 179
AGENDA REPORT
FOR: City Council January 8, 2026
TO: Harold Stewart, City Manager City Council Workshop
Meeting: 1/26/26
FROM: Richa Sigdel, Deputy City Manager
City Manager
SUBJECT: Unlicensed Vendors - Presentation from Benton Franklin Health District
(10 minutes)
I. ATTACHMENT(S):
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presentation by Janae Parent, District Administrator accompanied by Erin
Hockaday, Surveillance & Investigation Branch Director and Amanda Moe,
Communications & Public Affairs Director with the Benton Franklin Health
District.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Background:
Over the past year, City staff have observed an increase in roadside vending
along major roadways in Pasco. These sales include fresh farm produce,
prepared food items, and other merchandise.
Washington State law allows individuals to sell certain farm products, such as
fruits, vegetables, berries, or eggs that they personally grow or produce,
without needing a City business license or permit. The Pasco Municipal Code
reflects this state law exemption.
This exemption applies only to farm products grown or produced by the seller.
Vendors selling prepared foods or non-food merchandise may be subject to
additional regulations, permits, or inspections.
Page 3 of 179
Location is also an important consideration. Many roadside vendors operate on
sidewalks, medians, or other public rights-of-way. These locations raise
concerns related to pedestrian safety, traffic visibility, and appropriate use of
public space, and in some cases may be subject to the City’s sidewalk sales
regulations.
In May 2025, the City Attorney’s Office, Pasco Police Department, and Code
Enforcement Division provided City Council with an overview of the City’s
authority and limitations under state law, distinctions between exempt and
regulated vendors, and general enforcement tools available to the City.
This item is informational and is intended to provide clarity for both Council and
the community.
Impacts (other than fiscal):
This item relates to public health, pedestrian and traffic safety, and public
understanding of applicable regulations. Clear information may help reduce
confusion for vendors and residents, encourage voluntary compliance, and
support safe use of public spaces. No changes to City policy or enforcement
practices are proposed as part of this item.
V. DISCUSSION:
Recommendation:
Tonight, Janae Parent, District Administrator with the Benton Franklin Health
District and staff will provide a presentation regarding unlicensed vendors from
the Health District's perspective. Staff recommends that City Council receive
the District Health Benton-Franklin the from presentation informational
regarding roadside food sales, public health considerations, and the Health
District’s regulatory role.
Constraints:
The City’s authority to regulate roadside vendors is limited by state law,
particularly for vendors selling farm products they grow or produce themselves.
In addition, public health oversight of food sales falls under the jurisdiction of
the Benton-Franklin Health District rather than the City. These constraints limit
the City’s ability to impose local licensing or enforcement requirements in
certain situations.
Next Steps:
Following the presentation, staff will remain available to answer questions,
provide additional information if requested by Council, and coordinate with the
Health District as needed. Any future policy discussions or enforcement
considerations would be brought back to Council separately.
Page 4 of 179
UNPERMITTED STREET VENDORS
Licensed restaurants report lost revenue, harassment, intimidation, and
occasional assaults—many incidents go unreported.
Food is often prepared in homes, vehicles, vacant lots, or other
unapproved locations, frequently using propane and lacking proper
temperature controls.
Operations move between cities, counties & states (WA, CA, NV & OR)
when enforcement increases. WA Governor’s Office estimates
65 locations statewide, most linked to a single CA-based syndicate.
These operations avoid sales and business taxes and can earn
$2,000–$3,000 per day locally, with higher profits in large metro areas.
BFHD has seen a 120% increase in complaints related to unlicensed
vendors over the past 18 months, requiring significant staff time and
resources.
Public perception often mislabels these operations as “mom and pop,”
making enforcement politically and emotionally complex.
Workers carry the legal and financial risk, while ownership and profits
remain with individuals who are difficult to identify or hold accountable.
ORGANIZED &
MOBILE
CASH-ONLY,
UNTAXED
BUSINESSES
IMPACTED
PUBLIC HEALTH
STRAIN
MISLEADING
PERCEPTION
WORKER RISK,
HIDDEN OWNERS
UNSAFE FOOD
PREPARATIONS
UNSAFE FOOD. UNFAIR COMPETITION. REAL HARM.
BACKGROUND
PUBLIC’S ROLE
This isn’t mom-and-pop—it’s organized,
cash-only, illegal operations that are
undercutting our local businesses.
If you can’t find a permit & QR code visible,
that’s your warning sign.
If it’s cash-only and won’t show you a license,
ask why.
A QR code tells you who’s been inspected—no
code, no confidence.
S A M P L E
Page 5 of 179
Working with law enforcement and prosecuting attorneys to establish a Tri-Cities Task Force.
Current enforcement tools are limited:
Fines and citations often go unpaid and do not reach organizers.
On-site sellers are contractors, not decision-makers, and are
easily replaced.
These are pop-up style vendors selling in parking lots—NOT at local
events. The vendors connected with this operation are selling tacos,
often with meat on a spit like pastor or trompo. They are NOT mobile
food trucks.
Approved food operations must post their BFHD permit and inspection
QR code for the public to view.
This isn’t mom-and-pop—it’s organized, cash-only, illegal operations
that are undercutting our local businesses.
They are making thousands of dollars a day, tax free, with no
accountability.
Kids, families and public health are being put at risk.
Licensed businesses are paying the price while playing by the rules.
BFHD’S WORK
Intel from California indicates a new wave of
these pop-ups coming in early spring 2026.
STRATEGIC PLANNING1
2The Tri-Cities Task Force hopes to evaluate local
codes and strengthen a unified enforcement
approach before Spring 2026.
TRI-CITIES TASK FORCE
NEXT STEPS
BUILDING LOCAL RESPONSE
Participating in a statewide task force to align enforcement,
share intelligence & explore legal solutions.
STATEWIDE COORDINATION
First Tri-Cities Task Force Meeting January 2026, KPD
KEY MESSAGES
NO CODE, NO CONFIDENCE.
CONTACTS
Erin Hockaday, Surveillance & Investigation Director, BFHD
erin.hockaday@bfhd.wa.gov | (509) 460-4326
www.BFHD.wa.gov Page 6 of 179
AGENDA REPORT
FOR: City Council January 2, 2026
TO: Harold Stewart, City Manager City Council Workshop
Meeting: 1/26/26
FROM: Haylie Matson, Director
Community & Economic Development
SUBJECT: Land Use Framework Overview - Discussion
I. ATTACHMENT(S):
Comprehensive Plan Map
Zoning Map
Chapter 25.45 of the Municipal Code
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion.
III. FISCAL IMPACT:
Not applicable.
IV. HISTORY AND FACTS BRIEF:
With new City Council members joining the City of Pasco, the Community and
Economic Development Department would like to take the opportunity to
provide overview on land use and development. This overview is intended to
give City Council an high level information of what the Comprehensive Plan is,
how it functions as the City’s long range policy framework, and how it relates to
zoning regulations and the Municipal Code in Pasco.
V. DISCUSSION:
Background
The City of Pasco Comprehensive Plan is the City’s main long-term planning
document. It sets the overall vision for how Pasco should grow and change
over the next 20 years. Office of Financial Management provides projected
growth. State law requires the city to have this plan, and it helps guide where
Page 7 of 179
new housing, businesses, roads, utilities, parks, and public facilities should be
located and how they may be financed. The Comprehensive Plan does not
regulate individual properties, but it provides the direction that City decisions
are based on.
The purpose of the Comprehensive Plan is to make sure growth happens in a
thoughtful and coordinated way. It helps the city plan for new residents, jobs,
housing, transportation, utilities, and public services while being mindful of
costs, environmental resources, and quality of life.
Pasco’s current Comprehensive Plan was last fully updated in 2018 and looks
ahead to the year 2038. That update set goals and policies for land use,
housing, transportation, utilities, public facilities, and economic development.
These population including and data analysis, supported are policies by
forecasts, infrastructure capacity studies, and environmental information. One
of the most important parts of the Plan is the Future Land Use Map, which
shows the general types of development planned across the city and helps
guide zoning and long-term infrastructure planning.
The City is now in the process of completing its next Comprehensive Plan
update, a planning new and horizon in anticipated adoption with 2026
extending to 2046. This update reflects updated population and housing
projections, changes in state planning requirements, and current community
priorities. A major focus of the 2026 update is meeting new state housing
mandates, which require the City to plan for housing needs across a full range
of income levels and demonstrate that zoning and land use policies can
accommodate projected growth. The update also includes new considerations
related to climate planning, resilience, and long-term sustainability that were
not part of the 2018 Plan.
The Comprehensive Plan is used as the City’s guide when making decisions
about businesses, where identifies housing, development. and growth It
industry, and mixed-use areas should generally be located and at what scale. It
also helps the City plan for roads, utilities, and public facilities needed to
support growth and includes policies to encourage a range of housing types
and affordability levels.
Zoning is one of the main tools the city uses to carry out the Comprehensive
Plan. Zoning rules are part of the City’s Municipal Code and set enforceable
standards While properties. individual on can be what for the built
Comprehensive Plan looks at the big picture and long-term vision, zoning
implements that vision through details such as allowed uses, building height,
setbacks, density, and parking. State law requires zoning to be consistent with
the Comprehensive Plan.
In addition to zoning, the city uses master plans for certain large or important
Page 8 of 179
areas. Master plans take the broad direction in the Comprehensive Plan and
apply it in more detail to a specific location. They often address how streets,
utilities, open space, and development should be organized as an area grows.
Once adopted, master plans help guide future zoning, development standards,
and infrastructure investments.
the and Master Downtown the Plan examples key two Pasco, In are
Broadmoor Master Plan. The Downtown Master Plan focuses on strengthening
Pasco’s core by supporting businesses, improving public spaces, and guiding
long-term revitalization. The Broadmoor Master Plan guides development in a
major growth area by coordinating land use, transportation, infrastructure, and
open space. Together, these plans show how the City applies Comprehensive
Plan policies to specific areas.
The Municipal Code is the City’s collection of local laws and regulations. It
includes zoning rules as well as requirements related to development, public
health and safety, businesses, and enforcement. While the Comprehensive
Plan sets the direction, the Municipal Code puts those ideas into action through
clear rules and processes. The Code also includes regulations for subdivisions,
environmentally sensitive areas, shorelines, building and fire safety, business
licensing, property maintenance, and how the City enforces its rules.
Together, the Comprehensive Plan, zoning regulations, master plans, and
Municipal Code work as one coordinated system. The Comprehensive Plan
sets the long-term vision, master plans add detail for specific areas, zoning
provides rules for development, and the Municipal Code contains the standards
and City the When policy. enforce apply to needed procedures and
Comprehensive Plan is updated, related zoning rules, master plans, and
Municipal Code provisions are reviewed and updated as needed to stay
consistent. This approach helps ensure Pasco follows state law, provides clear
expectations to the public, and is prepared to manage growth over time.
Impact (other than fiscal)
See the constraints section below.
Discussion
To help tie these concepts together, staff is providing the example below to
show how the Comprehensive Plan, zoning, and the Municipal Code work
together in practice. This example uses the Comprehensive Plan’s Low Density
Residential designation.
The Comprehensive Plan includes a Future Land Use Map that shows how
different areas of the city are planned to be used over time (see attachment:
Land Use Map also referred to as Comprehensive Plan Map). One of these
land intended is which Residential, categories Low is use Density for
Page 9 of 179
neighborhoods with fewer homes per acre and a lower-intensity residential
character. The Comprehensive Plan describes Low Density Residential as
allowing a variety of housing types at approximately 3 to 6 dwelling units per
acre. This helps guide how the city plans for growth, infrastructure, and
services, and sets the expectation that these areas will primarily be used for
lower-density housing.
Residential the with consistent Low-Density districts zoning Several are
designation, including R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2. Each of
these zoning districts includes specific standards that regulate what types of
homes are allowed and how development can occur.
One of these districts is the R-1 Low Density Residential zone (see Attachment
2: Zoning Map). The R-1 zone is how the City implements the Comprehensive
Plan’s Low Density Residential vision by applying detailed development rules
through zone Pasco in are for this The Code. Municipal the standards
Municipal Code Chapter 25.45.
Chapter 25.45 of the Municipal Code (Attachment 3) defines what is allowed
and what standards must be met in the R-1 zone. It identifies the types of
housing uses and related that are permitted, establishes development
standards such as minimum lot sizes, maximum building heights, and required
setbacks, and provides rules for accessory features like garages, sheds,
fences, and accessory dwelling units when allowed. The chapter also explains
how different types of development proposals are reviewed, including when a
project when and Planning staff be administratively approved by can
Commission or City Council review is required.
When a property owner proposes a development in the R-1 zone, staff reviews
the proposal against the requirements in Chapter 25.45 to ensure it complies
with the zone’s standards. If the proposal meets those standards, it may move
forward in the permitting process. If it does not, staff works with the applicant to
revise the proposal or explains what additional review steps may be needed if
flexibility is requested.
Because the R-1 zone is tied to the Low-Density Residential designation in the
Comprehensive detailed the provides Code and the Plan Municipal
development rules, this framework ensures the City’s long-term vision for
neighborhood character, residential density, and infrastructure is reflected in
day-to-day how the illustrates development This decisions. example
that Comprehensive Plan sets broad policy direction, zoning translates
direction into specific districts, and the Municipal Code provides the detailed
standards and procedures used to review and approve development. When the
Comprehensive Plan is updated, related zoning and code provisions, such as
Chapter 25.45, are reviewed and amended as needed to remain consistent
with the City’s adopted policies.
Page 10 of 179
Recommendation
None.
Constraints (time or other considerations)
Changes to the City of Pasco Comprehensive Plan, master plans, or Municipal
Code can be requested by City Council or by applicants and must follow a
formal public process required by state law and local procedures. While each
request is different, all changes require staff review, coordination, and public
input to make sure they are transparent, legally compliant, and consistent with
long-term City policy.
Changes to the Comprehensive Plan usually involve higher-level policy
decisions that affect how growth is guided across the city or in specific areas.
These Planning by followed research, start with typically requests staff
Commission workshops and a public hearing. The request then moves to City
Council for additional discussion and a public hearing before any action is
taken. Because the Comprehensive Plan sets the foundation for zoning and
development regulations, changes to the Plan often require related updates to
master plans, zoning, or the Municipal Code.
Master plan changes follow a similar process but focus on specific areas of the
city. These requests are reviewed through Planning Commission workshops
and Council own its through City by considered then hearing, public a
workshop and public hearing process. Master plan updates often lead to follow-
up changes to zoning or the Municipal Code to put the plan into effect.
Municipal Code changes, especially those related to land use, also require
Planning Commission review, public notice, and hearings before moving to City
Council for consideration and adoption. Even small code changes take a
significant amount of staff time to research, draft, and move through the public
process. A typical code change can take at least 100 hours of staff time and
often Economic Community including and multiple involves departments,
Development, Public Works, the City Clerk’s Office, and the City Attorney’s
Office.
While change staff is always open to reviewing amendment and policy
requests, these requests must be balanced with available staff resources and
required work. In 2026, staff efforts will be focused on completing the required
Comprehensive Plan update and making related updates to master plans and
the Municipal Code to meet new state requirements. For that reason, new
discretionary code or policy changes that are not legally required, or time-
sensitive are recommended to be deferred until 2027.
This approach helps ensure the City completes required planning work first,
Page 11 of 179
avoids conflicting or piecemeal changes, and provides meaningful public input.
It also helps ensure that adopted plans and regulations are well researched,
coordinated, and aligned with Pasco’s long-term goals.
Next Steps
None.
Alternatively, Council May
Not applicable.
Page 12 of 179
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CREATED BY
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PLOT DATE
NOTICE: WARRANTY OF ACCURACY.
The materials provided with this product, including but not limited to,
data, maps, and tables (collectively, 'information'), are presented 'AS IS'
without any warranty, express or implied. The City of Pasco and its staff
do not warrant the completeness, accuracy, or timeliness of the
information and shall not be liable for any inaccuracies or omissions. The
information is subject to change and is intended solely for general
informational purposes. Users should independently verify critical
information and seek professional advice when necessary. Prior to any
digging or excavation, it is essential for safety and compliance with local
regulations that users contact 'Call Before You Dig' services by dialing
811. This ensures the location and safety of underground utilities are
confirmed before any ground is broken. The City of Pasco does not
endorse any specific commercial products or services referenced in the
information. Reliance on this information is at the user's own risk.
NOTES
LEGEND
INFORMATION TECHNOLOGY DEPT
GIS
LAND USE
Land Use
Future Land Use
Airport Reserve
Commercial
Confederated Tribes -
Colville
DNR Reserve
High Density Residential
Industrial
Low Density Residential
Medium Density
Residential
Medium High Density
Residential
Mixed Residential
Commercial
Mixed Use Interchange
Office
Open Space Parks
Public Quasi-Public
Reclamation
<all other values>
Boundaries
Pasco City Limits
Pasco Urban Growth
Boundary
Roads
Interstate
Highway
Ramp
Principal Arterial
Principal Arterial Future
Minor Arterial
Minor Arterial Future
Collector
Collector Future
Neightborhood Collector
Neightborhood Collector
Future
Local
Other
Rivers
Roads_WWCO
Roads_web_FCO
Streets_KNW
Airport
DBO.CityLimitMask
Rivers
Roads
Interstate
Highway
Ramp
Principal Arterial
Principal Arterial Future
Minor Arterial
Minor Arterial Future
Collector
Collector Future
Neightborhood Collector
Neightborhood Collector
Future
Local
Other
Pasco City Limits
Pasco Urban Growth
Boundary
Land Use
Future Land Use
Airport Reserve
Commercial
Confederated Tribes -
Colville
DNR Reserve
High Density Residential
Industrial
Low Density Residential
Medium Density
Residential
Medium High Density
Residential
Mixed Residential
Commercial
Mixed Use Interchange
Office
Open Space Parks
Public Quasi-Public
Reclamation
<all other values>
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ZONING
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ZONING
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SHEET NUMBERSCALE
kaufmannc
CREATED BY
7/16/2025
PLOT DATE
NOTES
NOTICE: WARRANTY OF ACCURACY.
The materials provided with this product, including but not limited to,
data, maps, and tables (collectively, 'information'), are presented 'AS IS'
without any warranty, express or implied. The City of Pasco and its staff
do not warrant the completeness, accuracy, or timeliness of the
information and shall not be liable for any inaccuracies or omissions. The
information is subject to change and is intended solely for general
informational purposes. Users should independently verify critical
information and seek professional advice when necessary. Prior to any
digging or excavation, it is essential for safety and compliance with local
regulations that users contact 'Call Before You Dig' services by dialing
811. This ensures the location and safety of underground utilities are
confirmed before any ground is broken. The City of Pasco does not
endorse any specific commercial products or services referenced in the
information. Reliance on this information is at the user's own risk.
LEGEND
INFORMATION TECHNOLOGY DEPT
GIS
Scale: 1:28,000
0 0.5 1 1.5 2Miles
²
KENNEWICK
RICHLAND
FRANKLIN COUNTY
Zoning
BP, Business Park
District
C-1, Retail Business
District
C-2, Central Business
Overlay District
C-3, General Business
District
C-R, Regional
Commercial District
I-1, Light Industrial
District
I-2, Medium Industrial
District
I-3, Heavy Industrial
District
O, Office District
MU, Mixed Use
R-1, Low-Density
Residential District
R-1-A, Low-Density
Residential Alternative
District
R-1-A2, Low-Density
Residential Alternative
District
R-1/PUD, Low Density
Residential Planned-Unit
Development
R-2, Medium-Density
Residential District
R-3, Medium-Density
Residential District
R-3/PUD, Medium
Density Residential
R-4, High-Density
Residential District
R-S-1, Low-Density
Suburban Residential
District
R-S-1/PUD, Suburban
Panned-Unit
Development
R-S-12, Residential
Suburban District
R-S-20, Residential
Suburban District
R-T, Residential
Transition District
RP, Residential Park
District
Boundaries
Pasco City Limits
Pasco Urban Growth
Boundary
Roads
Interstate
Highway
Ramp
Principal Arterial
Principal Arterial Future
Minor Arterial
Minor Arterial Future
Collector
Collector Future
Neightborhood Collector
Neightborhood Collector
Future
Local
Other
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Chapter 25.45 R-1 LOW DENSITY RESIDENTIAL DISTRICT
Sections:
• 25.45.010Purpose.
• 25.45.020Permitted uses.
• 25.45.030Permitted accessory uses.
• 25.45.040Conditional uses.
• 25.45.050Development standards.
25.45.010Purpose.
The R-1 low density residential district is established to provide a low to medium density
residential environment compliant with the Comprehensive Plan land use density table in
PMC 25.215.015. Certain public facilities and institutions may also be permitted, provided
their nature and location are not detrimental to the intended low to medium density
residential environment. [Ord. 4700A § 10, 2023; Ord. 4575 § 8, 2022; Ord. 3354 § 2, 1999;
Code 1970 § 25.28.010.]
25.45.020Permitted uses.
All housing types permitted in PMC 25.22.020 (Staff note: this referenced section is
attached below), Zone District Standards, are permitted in this zone.
Nothing contained in this section shall be deemed to prohibit the use of vacant property for
gardening or fruit raising. [Ord. 4700A § 10, 2023; Ord. 4575 § 8, 2022; Ord. 3731 § 9, 2005;
Ord. 3354 § 2, 1999; Code 1970 § 25.28.020.]
25.45.030Permitted accessory uses.
The following uses shall be permitted as accessory to a permitted use in the R-1 low
density residential district:
(1) Detached residential garages as deflned in PMC 25.15.090, provided they do not
exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000
square feet or more the height may be increased by three feet and the area may increase by
200 square feet. On lots over 12,000 square feet in area detached residential garages in
excess of 18 feet in height may be permitted by special permit based upon the review
criteria listed in PMC 25.200.080 and 25.200.090.
(2) Home occupations, as deflned by PMC 25.15.100.
Page 15 of 179
(3) Storage buildings cumulatively not exceeding 200 square feet of gross fioor area and 15
feet in height; provided no container storage, as deflned in PMC 25.15.210, shall be
permitted.
(4) The renting of rooms for lodging purposes only; provided, however, such
accommodations shall not exceed two persons in a single-family dwelling. One off-street
parking space, per room, must be provided in addition to the requirement set forth under
PMC 25.185.170(5).
(5) The keeping of dogs and cats, provided such number of animals does not exceed three
dogs and three cats.
(6) Family day care homes in conformance with Chapter 388-73 WAC as now existing and
as amended and Chapter 25.150 PMC.
(7) Accessory dwelling units in conformance with Chapter 25.161 PMC.
(8) On lots with a minimum of 5,000 square feet and containing only one single-family
dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number
of animals does not exceed three dogs and/or three cats, and/or three rabbits and/or three
chicken hens, the total number of animals not to exceed six; in all cases, animals shall not
be allowed to roam or fiy to other properties; roosters are not allowed.
(9) Family home preschool in conformance with Chapter 25.150 PMC.
(10) Community/amenity buildings for multifamily complexes. [Ord. 4700A § 10, 2023;
Ord. 4575 § 8, 2022; Ord. 4144 § 4, 2014; Ord. 4110 § 11, 2013; Ord. 4036 § 8, 2011; Ord.
3688 § 4, 2004; Ord. 3354 § 2, 1999; Code 1970 § 25.28.030.]
25.45.040Conditional uses.
In addition to the unclassifled uses listed in Chapter 25.200 PMC, the following uses may
be permitted by special permit as provided in Chapter 25.200 PMC:
(1) Churches and similar places of worship.
(2) Public libraries and municipal office buildings.
(3) Public and private schools, public parks and playgrounds.
(4) Fire department station houses.
(5) Day-care centers and preschool centers.
(6) Unclassifled uses as listed in PMC 25.200.020. [Ord. 4700A § 10, 2023; Ord. 4575 § 8,
2022; Ord. 4110 § 11, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.28.040.]
Page 16 of 179
25.45.050Development standards.
(1) The dimensional standards for this zone, including setbacks, density, maximum
building height, and lot coverage, are set out in Chapter 25.22 (Staff note: this referenced
section is attached below), Zone District Standards;
(2) Fences and hedges: See Chapter 25.180 PMC;
(3) Parking and driveways: See Chapter 25.185 PMC;
(4) Landscaping: See Chapter 25.180 PMC; and
(5) Site and building design standards: See Chapter 25.175 PMC. [Ord. 4700A § 10, 2023;
Ord. 4575 § 8, 2022; Ord. 4040 § 4, 2012; Ord. 4036 § 9, 2011; Ord. 3731 § 10, 2005; Ord.
3354 § 2, 1999; Code 1970 § 25.28.050.]
Chapter 25.22ZONE DISTRICT STANDARDS
Sections:
• 25.22.010Purpose.
• 25.22.020Permitted housing types.
• 25.22.030Lot size and density standard.
• 25.22.040Lot dimensions.
• 25.22.050Setbacks.
• 25.22.060Height and lot coverage.
25.22.010Purpose.
The purpose of these Zone District Standards is to offer quality residential developments in
Pasco while providing fiexibility in the development and offering of housing choices for
Pasco residents. The Zone District Standards provide predictability and clarity in the permit
process for developers and Pasco residents. In addition, the Zone District Standards
provide tools for the community to implement Pasco’s vision in the Comprehensive Plan.
These standards are applicable to all new residential developments in R-1, R-2, R-3 and R-4
zones (the “applicable zones”). These Zone District Standards shall take precedence in
case there is a confiict with other sections of the Pasco Municipal Code. [Ord. 4700A § 9,
2023.]
25.22.020Permitted housing types.
Page 17 of 179
Within the applicable zones, under the provisions of these Zone District Standards, the
following residential housing types are permitted:
(1) Single-family dwelling unit detached (SFDU – Detached).
(2) Single-family dwelling unit attached (SFDU – Attached).
(3) Duplexes and triplexes.
(4) Multifamily attached (including apartments, stacked fiats, condos).
(5) Multifamily detached (including cottage housing).
(6) New factory assembled homes.
All housing types consistent with the zoning district and Comprehensive Plan density and
these Zone District Standards shall be allowed. [Ord. 4700A § 9, 2023.]
25.22.030Lot size and density standard.
For all permitted housing types in the applicable zones:
(1) All lots shall meet the site requirements in this chapter and shall be of sufficient size,
dimension, design, and conflguration so as to permit development of the lot without
variance from the applicable zoning requirements.
(2) Minimum lot sizes shall be based on building types in applicable zone as set out for the
zoning districts in Table 25.22.030(1). See deflnitions and housing types in
Chapter 25.15 PMC.
Table 25.22.030(1).
Home Type
Minimum Lot Size (SQFT) per Unit
R-1 R-2 R-3 R-4
SFDU –
Detached
4,000 3,000 2,500 2,000
SFDU –
Attached
3,500 2,000 1,500 1,250
Duplex, Triplex 5,000 4,000 3,000 2,500
Multifamily Dependent on Comprehensive Plan Density, Site Design and Parking
Requirements.
Page 18 of 179
(3) Lot size averaging shall be allowed when in accordance with PMC 21.20.070
(4) The permitted number of dwelling units or lots shall be determined as follows:
(a) The maximum density of each zoning district shall be the maximum number of dwelling
units allowed per gross area of an acre, excluding accessory dwelling units. Maximum
density shall be expressed as a ratio (e.g., three dwelling units per acre).
(b) The minimum lot size shall not determine maximum density. Maximum density shall
not be exceeded, except as allowed by the provisions of Chapter 25.155 PMC, Density
Increase.
(c) Gross area is the total sum area of the property from property line to property line,
including easements, and wetlands, streams, shorelines, and other critical areas. The
required critical area buffers and all legally recorded private access easements shall not be
subtracted from the gross acre for the purpose of dwelling unit calculations.
(d) When calculations result in a fraction, the fraction shall be rounded down to the
nearest whole number as follows:
(1) Fractions of one-half or above shall be rounded up; and
(2) Fractions below one-half shall be rounded down.
(e) In the event that the applicant can clearly demonstrate that due to environmental
and/or physical constraints on the subject lot that the minimum density cannot be
achieved, the minimum density requirement shall not be applied.
(f) The minimum and maximum density shall be as set out in the City’s Comprehensive
Plan. [Ord. 4700A § 9, 2023.]
25.22.040Lot dimensions.
This section applies to all permitted housing types in the applicable zones.
(1) Where multi-unit developments occur, they shall have at least one public street
frontage. For shared driveways (e.g., triplexes, townhomes), frontage shall be measured
from the public street only for the lots abutting the street. Rear lots accessed by a shared
driveway are not required to have street frontage.
(2) Minimum lot width shall be the same as minimum lot frontage.
(3) Minimum lot frontage and lot width in each applicable zone by building types shall be in
accordance with Table 25.22.040(1).
(4) Depth.
Page 19 of 179
(a) SFDU – detached, duplex, and triplex lots may have a lot with a depth to width ratio up
to 3:1 when located in medium density residential, high density residential, or mixed
residential/commercial land use;
(b) SFDU – attached lots may have a lot with a depth to width ratio up 5:1;
(c) Multifamily lots shall not have a maximum depth.
Table 25.22.040(1). Minimum Lot Frontage and Lot Width by Zoning Districts
Home Type
Minimum Site Frontage and Width (FT)
R-1 R-2 R-3 R-4
SFDU –
Detached
40'/DU 30'/DU 30'/DU 30'/DU
SFDU –
Attached
35' 20' 20' 20'
Duplex,
Triplex
50' 40' 30' 30'/lot
Multifamily
Detached
60' 40' 40' 30'
Multifamily
Attached
40' minimum dependent on Comprehensive Plan density, site design
and parking requirements. Not permitted in cul-de-sac or dead end.
[Ord. 4700A § 9, 2023.]
25.22.050Setbacks.
This section applies to all permitted housing types and residential accessory buildings in
the applicable zones.
(1) Residential building setback shall be in accordance with Table 25.22.050(1) and the
standards that follow:
(a) Front yard setbacks are measured from the lot line, except for when the sidewalk is
built upon the property, then the setback is measured from the edge of the sidewalk.
(b) Residential accessory buildings have the same setbacks in Table 25.22.050(1), except
as follows:
Page 20 of 179
(i) Structures related to rabbits and/or chicken hens must be at least 10 feet from any
property line and must be located behind the rear line of the dwelling.
(c) Accessory dwelling units (ADUs) are exempted from this section and are subject to the
regulations contained in Chapter 25.161 PMC.
Table 25.22.050(1). Building Setbacks
HOUSING AND ACCESS TYPE
Building Setbacks
Front Rear Alley/Private Driveway Side
• SFDU – Detached
• Duplexes and Triplexes
• SFDU Attached
• Multifamily that are accessed
directly from public streets
15' for
living
area/20'
for
garage
15' 15' for living area and 5' for
garage
5'
• SFDU – Attached
• Multifamily with shared driveway
and parking located in the rear of
development, or accessed via
alleyway
12' (1) 15' 15' for living area and 5' for
garage
5' (2)
Accessory Structure (3) Same
as
housing
unit
5' 0'/5' for garage with vehicle
doors parallel to alley
5'
1Attached multifamily or mixed use buildings permitted without a minimum setback if
abutting a sidewalk eight feet or wider and has garage or parking located on the back or
side of the site. A flve-foot landscaping buffer setback is required when abutting sidewalks
below eight feet.
2The attached side of an attached SFDU may be built up to the property line.
3
a Structures related to rabbits and/or chicken hens may not exceed six feet in height nor 30
square feet in size.
b Accessory dwelling units (ADUs) are exempted from this section and are subject to the
regulations contained in Chapter 25.161 PMC.
Page 21 of 179
[Ord. 4700A § 9, 2023.]
25.22.060Height and lot coverage.
For all permitted housing types in the applicable zones, building height and lot coverage
shall be according to Table 25.22.060(1).
Table 25.22.060(1). Building height and Lot Coverage
Home
Type
Building Height and Lot Coverage Maximum1
R-1 R-2 R-3 R-4
Bldg.
Height
Lot
Coverage
Bldg.
Height Lot Coverage Bldg.
Height Lot Coverage Bldg.
Height Lot Coverage
SFDU –
Detached
35' 60% 35' 60% 40' 60% 40' 60%
SFDU –
Attached
35' 60% 35' Dependent on
Comprehensive
Plan Density,
Site Regs and
Parking
Requirements.
40' Dependent on
Comprehensive
Plan Density,
Site Regs and
Parking
Requirements.
40' Dependent on
Comprehensive
Plan Density,
Site Regs and
Parking
Requirements.
Multifamily
Detached
25' 60% 25' 25’ 25'
Multifamily
Attached
35' 60% 45' 45' 45'
Accessory
Building
15' Per Home
Type
15' Per Home Type 15' Per Home Type 15' Per Home Type
1Except a greater height may be approved by special permit.
[Ord. 4700AA § 9, 2023; Ord. 4700A § 9, 2023.]
Page 22 of 179
Pasco City Council
January 26, 2026
Regular Meeting or
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Land Use Framework
Overview -Discussion
January 26, 2026
Pasco City Council
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Land Use Framework Overview
➢Comprehensive Plan
➢Zoning
➢Municipal Code
➢How they work together
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Why Land Use Planning Matters
➢Guides where housing goes
➢Supports roads, utilities, and parks planning
➢Promotes predictable, orderly growth
➢Required by Washington State Law
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What is the Comprehensive Plan?
➢City’s long-range (20 –year) policy document
➢Sets community vision and goals
➢Includes Future Land Use Map
➢Does not regulate individual properties directly
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What is the Comprehensive Plan?
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Current & Upcoming Comprehensive Plans
➢Last major update: 2018 -2038
➢Current update: 2026 -2046
➢Driven by state law and growth projections
➢Focus areas:
➢Housing needs
➢Climate and resiliency
➢Infrastructure capacity
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What Zoning Does
➢Found in the municipal code
➢Implements the Comprehensive Plan
➢Regulates:
➢Allowed uses
➢Building size & height
➢Density
➢Setbacks & parking
➢Must be consistent with the Comprehensive Plan
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Land Use Framework Overview
➢Comprehensive Plan
➢Zoning
➢Municipal Code
➢How they work together
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Example: Low Density Residential
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Municipal Code Role
➢Certain zoning rules and development standards
➢Includes:
➢Subdivision rules
➢Environmentally sensitive areas
➢Building and fire standards
➢Enforcement processes
➢Translates policy into day to day permitting
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Updates & Amendments
➢Public process required
➢Planning Commission involvement
➢Council workshops & hearings
➢Staff workload considerations
➢2026 focus: Comprehensive Plan update first
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Key Takeaways
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AGENDA REPORT
FOR: City Council January 2, 2026
TO: Harold Stewart, City Manager City Council Workshop
Meeting: 1/26/26
FROM: Haylie Matson, Director
Community & Economic Development
SUBJECT: Introduction to Ordinance - Amending Pasco Municipal Code Related to
State Environmental Policy Act (SEPA) Thresholds (8 minute staff
presentation)
I. ATTACHMENT(S):
1. Proposed Ordinance Amending PMC Title 23
2. Environmental Documentation Supporting Threshold Increases
3. Notice of Adoption and Public Comment Opportunity
4. Public Comments Received
5. Pasco Outreach Email to Developers and Applicants
6. SB 5412 - Reducing local governments' land use permitting workloads
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
None. Discussion only.
III. FISCAL IMPACT:
No direct fiscal impact is anticipated. Indirect cost savings may occur through
reduced SEPA processing time for qualifying development, resulting in
increased staff capacity and more efficient permit processing. Additional future
consultant costs are anticipated as part of the Comprehensive Plan update,
SEPA audit, and municipal code review.
IV. HISTORY AND FACTS BRIEF:
City Council Action History
The City Council was briefed on this matter at the regular meeting on
December 1, 2025, and directed staff to schedule a public hearing on the
SEPA code updates for February 2, 2026, following the close of the public
comment period. Please note, typically, items of this nature (land use code
changes) are first reviewed by the Planning Commission; however, this update
bypassed the normal process based on direction provided to the Community
Page 37 of 179
and Economic Development Department in early 2025. Going forward, future
code amendments will always be routed through the Planning Commission
(unless a unique or emergency situation arises), which will generally eliminate
the need for the City Council to hold its own public hearing.
SEPA Policy History
State law under RCW 43.21C.229 and WAC 197-11-800 authorizes cities to
adopt higher, flexible categorical exemption thresholds. SEPA categorical
exemption thresholds establish the size or scale of a project that determines
whether environmental review is required under the State Environmental Policy
Act. Projects below these thresholds are exempt from SEPA review because
their impacts are already addressed through existing development regulations,
while projects that exceed the thresholds must undergo a SEPA checklist and
determination. Updating these thresholds allows the city to streamline review
for predictable, low-impact projects, align with regional practices, and reserve
SEPA analysis for development proposals with a greater potential for adverse
environmental impacts.
Pasco’s current thresholds, last updated decades ago, remain at the state
minimums. The proposed ordinance modernizes these standards by increasing
thresholds for small-scale residential, commercial, agricultural, and grading
activities to align with current development patterns and peer jurisdictions.
As part of the required process, the City issued a 60-day notice to Washington
State Department of Transportation (WSDOT) and local Tribes for review and
comment. Staff also completed the necessary environmental documentation
demonstrating that Pasco’s existing development regulations adequately
address and mitigate impacts to all elements of the environment consistent
with SEPA requirements.
In addition to the flexible thresholds authorized under long-standing state law,
the expanded significantly which (2023), SB adopted Legislature 5412
categorical SEPA exemptions (for example, all residential development may be
exempt from SEPA). Implementation of the SB 5412 exemptions, however, is
contingent and upon the completion of additional environmental analysis
planning prerequisites that Pasco has not yet finalized, as discussed further
below.
While the City fully intends to pursue these maximum exemptions, staff
believes that this change should occur following completion of the
Comprehensive Plan update to ensure legal defensibility and alignment with
updated land use assumptions.
V. DISCUSSION:
Page 38 of 179
Background
The proposed ordinance updates PMC 23.15.025 (Attachment 1) to adopt
flexible categorical exemptions consistent with WAC 197-11-800(1)(c). These
updates reflect modern development patterns and ensure SEPA review is
reserved for projects with meaningful potential for adverse environmental
impacts. The exemptions do not authorize development; they only determine
when SEPA threshold determinations are required. The proposed threshold
levels are similar to those adopted by the City of Kennewick.
The proposed flexible categorical exemption updates would substantially
increase SEPA exemption thresholds across several development types while
also adding important limiting criteria:
Single-family residential construction, including units under 1,500 square
feet, would increase from the current exemption of 4 dwelling units to up
to 30 units.
Multi-family residential projects would rise from 4 units to up to 60 units.
storage, equipment sheds, structures (barns, Agricultural loafing
produce storage or packing buildings) would increase from 10,000
square feet to 40,000 square feet, provided they support on-site farming
uses and do not involve feedlots.
Office, school, commercial, recreational, service, and storage buildings
would increase from 4,000 square feet with 20 parking spaces to 20,000
square feet with up to 90 parking spaces.
Stand-alone parking lots would become exempt when designed for 90
vehicles or fewer.
Fill and excavation activities would increase from 100 cubic yards to
1,000 cubic yards, with an added allowance for Class I–III forest practice
excavation under RCW 76.09.050.
These expanded exemptions apply only when environmental sensitivity criteria
are not present. Projects remain non-exempt when located:
On land covered by water,
Within 300 feet of wetlands or other aquatic resources, or
On parcels designated “Survey Highly Advised: Very High Risk” by
DAHP, unless conditioned through an Inadvertent Discovery Protocol.
With these safeguards, the expanded thresholds streamline review for routine
projects while ensuring that environmentally sensitive areas and high-risk
archaeological sites continue to receive full environmental oversight.
Relationship to SB 5412
SB 5412 provides additional SEPA exemptions beyond flexible thresholds;
however, those exemptions function differently depending on land use type:
Residential exemptions under SB 5412 require completion of an
Page 39 of 179
“environmental analysis”, meaning a full SEPA review, and
determination tied directly to the City’s land use assumptions, growth
targets, and development capacity.
Commercial and mixed-use exemptions under SB 5412 require a full
Environmental Impact Statement (EIS) to support their use.
Because Pasco’s last Comprehensive Plan update and environmental review
occurred prior to the adoption of SB 5412, and because future land use
intensities and densities are being actively reassessed, the City is currently
limited to the residential exemption pathway only and only after completing new
environmental review. It would be legally and procedurally risky to adopt the full
SB 5412 mixed-use and commercial exemptions without that analysis.
For this reason, staff recommend implementing flexible thresholds now and
aligning SB 5412 implementation with the Comprehensive Plan update and
SEPA audit.
Impact (other than fiscal)
The proposed updates would reduce permit processing timelines for qualifying
projects while maintaining strong environmental safeguards through the City’s
Critical Areas Ordinance, Shoreline regulations, zoning standards, stormwater
requirements, and utility codes. The amendments also clarify that high-risk
archaeological sites and environmentally sensitive areas remain fully subject to
SEPA review, ensuring continued protection of cultural and natural resources.
Regionally, the changes improve consistency with peer jurisdictions and align
Pasco’s thresholds with those authorized by state law. Long-term, these
updates support housing production, agricultural development, and business
investment while maintaining regulatory accountability.
Discussion
The environmental analysis (Attachment 2), prepared in accordance with WAC
197-11-800, demonstrates that Pasco’s existing development regulations
already address all elements of the natural and built environment identified in
WAC 197-11-444. Even where SEPA threshold review is exempt, all projects
must still comply with adopted zoning, critical areas, stormwater, shoreline,
traffic, and utility regulations.
SEPA review continues to be required for:
Land within 300 feet of waterbodies or wetlands,
Land covered by water, and
High-risk archaeological parcels identified by DAHP.
SB 5412 Coordination and Sequencing
At the December 1, 2025, City Council meeting, one Councilmember
Page 40 of 179
expressed interest in raising SEPA thresholds to the maximum exemption
levels authorized under SB 5412, and members of the development community
have expressed support for this direction. Staff recognizes the potential
benefits of further streamlining review but also anticipates operational and
coordination challenges associated with immediate implementation, including
potential State Washington the as to partners interagency impacts such
affected These Tribes. and (WSDOT) Transportation of Department
considerations may affect timing and overall progress. Accordingly, staff is
recommending a phased approach, beginning with the moderate threshold
increases proposed in this ordinance while continuing to evaluate full SB 5412
implementation as part of the Comprehensive Plan update, SEPA audit, and
related code amendments.
Under SB 5412, cities must complete additional procedural steps prior to
adopting the expanded exemptions, including:
Formal consultation with federally recognized Tribes to address cultural
resource protection, treaty rights, and areas of potential archaeological
sensitivity.
Coordination with WSDOT where exemptions could affect state
transportation facilities, freight corridors, or regional traffic patterns.
Outreach conducted in 2025 with WSDOT and local Tribes resulted in no
objections requested WSDOT increases. threshold the current to flexible
continued coordination regarding Traffic Impact Analyses, and staff will
continue to provide reports upon request.
Municipal Code Readiness for Future SB 5412 Implementation
Prior to adopting the maximum SB 5412 exemptions, staff has identified
several areas of the municipal code that must be fully vetted to ensure that
SEPA is not being relied upon to compensate for potential regulatory gaps,
including but not limited to the following:
Traffic concurrency standards
Utility infrastructure capacity
Commercial and Industrial design standards
Cultural resource review processes
Staff intends to evaluate these issues concurrently with the Comprehensive
Plan update and to identify any components of code that require modification. If
no major deficiencies remain after this review, staff fully intends to proceed to
the maximum allowable SEPA exemptions.
Staff anticipates that, assuming no major adverse code gaps are identified that
cannot be corrected through code amendments during 2026, full SB 5412
exemption implementation would occur by the end of Q1 2027.
Page 41 of 179
Public Comment & Outreach
The City Council requested that staff conduct outreach on this matter at the
December 1, 2025, meeting. In response, staff emailed the development
community listserv with information on the proposed changes (Attachment 5)
and has received one comment to date, including feedback from the Home
Builders Association of Tri-Cities expressing support for the current approach
(Public Comment 1 – Attachment 4a).
A press release will be issued to the public on January 12, 2026, regarding
these proposed changes.
In addition, the required public notice under state law was provided to SEPA
agencies (Attachment 3). Two comments have been received to date from the
Colville Indian Nation and Washington Department of Fish and Wildlife; both
the comments and the staff responses are included in Attachment 4b and 4c.
Recommendation
Staff recommends that the Council:
1. Review the proposed amendments to PMC Section 23.15.025 and
provide feedback during the Workshop.
2. Hold a public hearing on February 2, 2026, and consider approving the
changes as suggested by staff. The public hearing has been scheduled.
3. Acknowledge staffs planned future implementation of full SB 5412
exemptions following completion of the Comprehensive Plan update,
SEPA audit, code amendments, and required coordination with Tribes
and WSDOT.
Constraints (time or other considerations)
The public comment period closes on January 26, 2026, and a public hearing
must be held before the ordinance can be adopted. The adoption timeline must
remain aligned with state notice requirements and prior outreach commitments
to WSDOT and affected Tribes.
Next Steps
Incorporating Council feedback (if any) from the workshop discussion
into the public hearing on February 2, 2026.
Concluding the public comment period (January 26) including additional
public comments in the packet for February 2, 2026; and,
Initiating the SEPA audit and Comprehensive Plan coordination work
necessary to support future SB 5412 implementation.
Alternatives
Council may choose to:
Request revisions to the proposed ordinance,
Page 42 of 179
Seek additional environmental or legal analysis, or
Decline to move forward with adoption currently.
Page 43 of 179
Ordinance – Amending PMC Title 23 Environmental Impact - 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE (PMC) TITLE 23
ENVIRONMENTAL IMPACT, BY AMENDING CHAPTER 23.10 GENERAL
REQUIREMENTS; INCLUDING SECTIONS 23.10.040 DESIGNATION OF
RESPONSIBLE OFFICIAL AND 23.10.050 LEAD AGENCY
DETERMINATION AND RESPONSIBILITIES; AMENDING CHAPTER 23.15
CATEGORICAL EXEMPTION AND THRESHOLD DETERMINATIONS,
INCLUDING SECTIONS 23.15.010 PURPOSE, 23.15.020 ADOPTION BY
REFERENCE, 23.15.030 USE OF EXEMPTIONS, AND 23.15.050 MITIGATED
DNS; CREATING A NEW SECTION 23.15.025 FLEXIBLE THRESHOLD
EXEMPTIONS; AMENDING CHAPTER 23.20 ENVIRONMENTAL IMPACT
STATEMENT (EIS), SECTION 23.20.020 ADOPTION BY REFERENCE;
AMENDING CHAPTER 23.25 COMMENTING, SECTION 23.25.020
ADOPTION BY REFERENCE; AMENDING CHAPTER 23.35 SEPA AND
AGENCY DECISIONS, INCLUDING SECTIONS 23.35.060 SEPA POLICIES
AND 23.35.070 APPEALS; AMENDING CHAPTER 23.50 AGENCY
COMPLIANCE, SECTION 23.50.020 ADOPTION BY REFERENCE;
AMENDING CHAPTER 23.55 CRITICAL LANDS PROTECTION, SECTION
23.55.010 GENERAL PROVISIONS; AND REPEALING CHAPTER 23.45
CATEGORICAL EXEMPTIONS.
WHEREAS, the City of Pasco adopted Ordinance No. 1797 in 1976, which implemented
the categorical exemptions under the State Environmental Policy Act (SEPA); and
WHEREAS, over the years the City of Pasco has updated and adopted by reference the
categorical exemptions through Ordinance No. 1973 in 1978, Ordinance No 2512 in 1984 and
Ordinance No. 3297 in 1998; and
WHEREAS, the City of Pasco is authorized to raise categorical exemption thresholds up
to the maximum levels specified in WAC 197-11-800(d) through the adoption of an ordinance;
and
WHEREAS, the City of Pasco has followed the procedural requirements set forth in WAC
197-11-800(c)(i) through (iv) in considering the proposed changes; and
WHEREAS, the City of Pasco recognizes the benefit of raising these thresholds within the
parameters of the maximum categorical exemption levels.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. PMC Section 23.10.040, Designation of responsible official, is hereby
amended and shall read as follows:
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Ordinance – Amending PMC Title 23 Environmental Impact - 2
23.10.040 Designation of responsible official.
(1) For those proposals for which the City is the lead agency, the responsible official shall be the
Director of Community and Economic Development or his/her designee.
(2) For all proposals for which the City is the lead agency, the responsible official shall make the
threshold determination, supervise scoping and preparation of any required environmental impact
statement (EIS), and perform any other functions assigned to the “lead agency” or “responsible
official” by those sections of the SEPA rules that were adopted by reference in WAC 197-11-050
and WAC 197-11-910173-806-020.
(3) The City shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and
make them available in accordance with Chapter 42.5642.17 RCW. [Ord. 3297 § 2, 1998; Ord.
2512 § 1, 1984; Code 1970 § 23.02.040.]
Section 2. PMC Section 23.10.050, Lead agency determination and responsibilities,
is hereby amended and shall read as follows:
23.10.050 Lead agency determination and responsibilities.
(1) The department within the City receiving an application for or initiating a proposal that
involves a nonexempt action shall forward the application to the responsible official. The
responsible official shall determine the lead agency for that proposal under WAC 197-11-050 and
197-11-922 through 197-11-940955, unless the lead agency has been previously determined or
that the department is aware that another department or agency is in the process of determining the
lead agency.
(2) When the City is the lead agency for a proposal, the responsible official shall supervise
compliance with the threshold determination requirements, and if an EIS is necessary, shall
supervise preparation of the EIS.
(3) When the City is not the lead agency for a proposal, all departments of the City shall use and
consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions
on the proposal. No City department shall prepare or require preparation of a DNS or EIS in
addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some
cases, the City may conduct supplemental environmental review under WAC 197-11-600620.
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Ordinance – Amending PMC Title 23 Environmental Impact - 3
(4) If the City receives a lead agency determination made by another agency that appears
inconsistent with the criteria of WAC 197-11-922 through 197-11-940955, it may object to the
determination. Any objection must be made to the agency originally making the determination
within 15 days of receipt of the determination, or must petition the Department of Ecology for a
lead agency determination under WAC 197-11-946 anytime within the 15-day time period.
(5) Departments of the City are authorized to make agreements as to lead agency status or shared
lead agency duties for a proposal under WAC 197-11-942 and 197-11-944946; provided, that the
responsible official and any department that will incur responsibilities as the result of such
agreement approve the agreement.
(6) Any department making a lead agency determination for a private project shall require
sufficient information from the applicant to identify which other agencies have jurisdiction over
the proposal (that is: Which agencies require nonexempt licenses?). [Ord. 3297 § 2, 1998; Ord.
2512 § 1, 1984; Code 1970 § 23.02.050.]
Section 3. A new section 23.15.025, entitled “Flexible Categorical Exemptions,” is
hereby added to PMC Chapter 23.15, CATEGORICAL EXEMPTION AND THRESHOLD
DETERMINATIONS, Sections, to read as follows:
Chapter 23.15
CATEGORICAL EXEMPTION AND THRESHOLD DETERMINATIONS
Sections:
23.15.010 Purpose.
23.15.020 Adoption by reference.
23.15.025 Flexible Categorical Exemptions
23.15.030 Use of exemptions.
23.15.040 Environmental checklist.
23.15.050 Mitigated DNS.
Section 4. PMC Section 23.15.010, Purpose, is hereby amended and shall read as
follows:
23.15.010 Purpose.
(1) The rules and procedures established in this chapter are to determine whether a proposal has a
“probable significant adverse environmental impact” requiring an environmental impact statement
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Ordinance – Amending PMC Title 23 Environmental Impact - 4
(EIS) to be prepared. The rules and procedures are also used for evaluating impacts not requiring
an EIS.
(2) This chapter further establishes the proposals which are categorically exempt from threshold
determination and environmental impact statement requirements, subject to the rules and
limitations on categorical exemptions contained in WAC 197-11-305 and this chapter. [Ord. 3297
§ 3, 1998; Ord. 2512 § 1, 1984; Code 1970 § 23.03.010.]
Section 5. PMC Section 23.15.020, Adoption by reference, is hereby amended and
shall read as follows:
23.15.020 Adoption by reference.
(1) The City adopts, by reference, the following sections of Chapter 197-11 WAC, as
supplemented by this chapter:
WAC
197-11-300 Purpose of this part.
197-11-305 Categorical exemptions.
197-11-310 Threshold determination required.
197-11-315 Environmental checklist.
197-11-330 Threshold determination process.
197-11-335 Additional information.
197-11-340 Determination of nonsignificance (DNS).
197-11-350 Mitigated DNS.
197-11-355 Optional DNS.
197-11-360 Determination of significance (DS)/ initiation of scoping.
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Ordinance – Amending PMC Title 23 Environmental Impact - 5
WAC
197-11-390
197-11-880
197-11-890
Effect of threshold determination.
Emergencies
Petitioning DOE to change exemptions
(2) If a proposal fits within any of the provisions in WAC 197-11-800, the proposal shall be
categorically exempt from threshold determination requirements except as follows:
(a) The proposal is not exempt under WAC 197-11-908, environmentally sensitive areas.
(b) The proposal is a segment of a proposal that includes:
(i) A series of actions, physically or functionally related to each other, some of
which are categorically exempt and some of which are not; or
(ii) A series of exempt actions that are physically or functionally related to each
other, and that together may have a probable significant adverse environmental
impact in the judgement of an agency with jurisdiction. If so, that agency shall be
the lead agency, unless the agencies with jurisdiction agree that another agency
should be the lead agency. Agencies may petition the Department of Ecology to
resolve lead agency disputes. [Ord. 3297 § 3, 1998; Ord. 2512 § 1, 1984; Code 1970
§ 23.03.020.]
Section 6. A new section 23.15.025, entitled “Flexible Categorical Exemptions,” is
hereby added to read as follows:
23.15.025 Flexible Categorical Exemptions
(1) The following types of construction activities are not categorically exempt when:
(a) Undertaken in any part on land covered by water,
(b) Within 300 feet of any areas which may contain aquatic resources, including wetlands,
streams, or other areas where surface water or groundwater may collect, pond or flow,
Page 48 of 179
Ordinance – Amending PMC Title 23 Environmental Impact - 6
(c) On parcels designated as “Survey Highly Advised” by the Washington State Department
of Archaeology and Historic Preservation.
(i) All other parcels may be exempt from SEPA review only if Inadvertent Discover
Protocol is included by the City as condition of approval prior to issuance of any
ground disturbing permits.
(2) The following types of construction activities are categorically exempt except for activities
identified in PMC 23.15.025 (1).
(a) The construction or location of attached or detached single-family residential structures of
30 dwelling units or less.
(b) The construction or location of multi-family residential structures of 60 dwelling units or
less.
(c) The construction of a barn, loafing shed, farm equipment storage building, produce storage
or packing structure, or similar agricultural structure, covering 40,000 square feet or less,
and to be used only by the property owner or agent in farming the property. This exemption
does not apply to feed lots.
(d) The construction of an office, school, commercial, recreational, service or storage building
with 20,000 square feet of gross floor area, or less, and with associated parking facilities
designed for 90 vehicles or less.
(e) The construction of a parking lot designed for 90 vehicles or less.
(f) Any landfill or excavation of 1,000 cubic yards or less throughout the total lifetime of the
fill or excavation’ and any fill or excavation classified as Class I, II, or III forest practice
under RCW 76.09.050 or regulations thereunder.
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Ordinance – Amending PMC Title 23 Environmental Impact - 7
Section 7. PMC Section 23.15.030, Use of exemptions, is hereby amended and shall
read as follows:
23.15.030 Use of exemptions.
(1) Each department within the City that receives an application for a license or, in the case of
governmental proposals, the department initiating the proposal, shall request determination from
the responsible official whether the license and/or the proposal is exempt. The responsible
official’s determination that a proposal is exempt shall be final and not subject to administrative
review. If a proposal is determined to be exempt, none of the procedural requirements of this title
apply to the proposal. The City shall not require completion of an environmental checklist for an
exempt proposal.
(2) In determining whether or not a proposal is exempt the responsible official shall make certain
the proposal is properly defined and shall identify the governmental licenses required (WAC 197-
11-060). If a proposal includes nonexempt actions, the responsible official shall determine the lead
agency, even if the license application that triggers the department’s consideration is otherwise
exempt.
(3) If a proposal includes both exempt and nonexempt actions, the responsible official may
authorize or approve exempt actions prior to compliance with the procedural requirements of this
title; except that:
(a) The City shall not approve or give authorizeation for:
(i) Any nonexempt action;
(ii) Any action that would have an adverse environmental impact; or
(iii) Any action that would limit the choice of alternatives.
(b) The responsible official may withhold approval of an exempt action that would lead to
modification of the physical environment, when such modification would serve no purpose if
nonexempt action(s) were not approved; and
(c) The responsible official may withhold approval of exempt actions that would lead to
substantial financial expenditures by a private applicant when the expenditures would serve
no purpose if nonexempt action(s) were not approved. [Ord. 3297 § 3, 1998; Ord. 2512 § 1,
1984; Code 1970 § 23.03.030.]
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Ordinance – Amending PMC Title 23 Environmental Impact - 8
Section 8. PMC Section 23.15.050, Mitigated DNS, is hereby amended and shall read
as follows:
23.15.050 Mitigated DNS.
(1) As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS
based on conditions attached to the proposal by the responsible official or on changes to, or
clarifications of, the proposal made by the applicant.
(2) An applicant may request, in writing, early notice of whether a DS is likely under WAC 197-
11-350. The request must:
(a) Follow submission of a permit application and environmental checklist for a nonexempt
proposal for which the department is lead agency; and
(b) Precede the City’s actual threshold determination for the proposal.
(3) The responsible official should respond to the request for early notice within five working
days. The response shall:
(a) Be written;
(b) State whether the City currently considers issuance of a DS likely and, if so, indicate the
general or specific area(s) of concern that is/are leading the City to consider a DS; and
(c) State that the applicant may change or clarify the proposal to mitigate the indicated
impacts, revising the environmental checklist and/or permit application as necessary to reflect
the changes or clarifications.
(4) As much as possible, the City should assist the applicant with identification of impacts to the
extent necessary to formulate mitigation measures.
(5) When an applicant submits a changed or clarified proposal, along with a revised or amended
environmental checklist, the City shall base its threshold determination on the changed or clarified
proposal and should make the determination within 15 days of re ceiving the changed or clarified
proposal:
(a) If the City indicated specific mitigation measures in its response to the request for early
notice, and the applicant changed or clarified the proposal to include those specific mitigation
measures, the City shall issue and circulate a DNS under WAC 197-11-340(2);
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Ordinance – Amending PMC Title 23 Environmental Impact - 9
(b) If the City indicated areas of concern, but did not indicate specific mitigation measures
that would allow it to issue a DNS, the City shall make the threshold determination, issuing a
DNS or DS as appropriate;
(c) The applicant’s proposed mitigation measures (clarifications, changes or conditions) shall
be in writing and must be specific;
(d) Mitigation measures which justify issuance of a mitigated DNS may be incorporated in
the DNS by reference to agency staff reports, studies or other documents.
(6) A mitigated DNS issued under WAC 197-11-340(2) requires a 14-day comment period and
public notice given in accordance with PMC 23.25.030.
(7) Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of
approval of the permit decision and may be enforced in the same manner as any term or condition
of the permit, or enforced in any manner specifically prescribed by the City.
(8) If the City’s tentative decision on a permit or approval does not include the mitigation
measures that were incorporated in a mitigated DNS for the proposal, the City should evaluate the
threshold determination to insure consistency with WAC 197-11-340(3)(a).
(9) The City’s written response under subsection (2) of this section shall not be construed as a
determination of significance. In addition, preliminary discussion of clarifications or changes to a
proposal, as opposed to a written request for early notice, shall not bind the City to consider the
clarifications or changes in its threshold determination. [Ord. 3297 § 3, 1998; Ord. 2512 § 1, 1984;
Code 1970 § 23.03.050.]
Section 9. PMC Section 23.20.020, Adoption by reference, is hereby amended and
shall read as follows:
23.20.020 Adoption by reference.
The City adopts, by reference, the following sections of Chapter 197-11 WAC, as supplemented
by this chapter:
WAC
197-11-400 Purpose of EIS.
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Ordinance – Amending PMC Title 23 Environmental Impact - 10
WAC
197-11-402 General requirements.
197-11-405 EIS types.
197-11-406 EIS timing.
197-11-408
197-11-410
Scoping.
Expanded Scoping. (Optional)
197-11-420 EIS preparation.
197-11-425 Style and size.
197-11-430 Format.
197-11-435 Cover letter or memo.
197-11-440 EIS contents.
197-11-442 Contents of EIS on nonproject proposals.
197-11-443 EIS contents when prior nonproject EIS.
197-11-444 Elements of the environment.
197-11-448 Relationship of EIS to other considerations.
197-11-450 Cost-benefit analysis.
197-11-455 Issuance of DEIS.
197-11-460 Issuance of FEIS.
[Ord. 3297 § 4, 1998; Ord. 2512 § 1, 1984; Code 1970 § 23.04.020.]
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Ordinance – Amending PMC Title 23 Environmental Impact - 11
Section 10. PMC Section 23.25.020, Adoption by reference, is hereby amended and
shall read as follows:
23.25.020 Adoption by reference.
The City adopts, by reference, the following sections of Chapter 197-11 WAC, as supplemented
in this chapter:
WAC
197-11-500 Purpose of this part.
197-11-502 Inviting comment.
197-11-504
197-11-508
Availability and cost of environmental documents.
SEPA Register
197-11-535 Public hearings and meetings.
197-11-545 Effect of no comment.
197-11-550 Specificity of comments.
197-11-560 FEIS response to comments.
197-11-570 Consulted agency costs to assist lead agency.
[Ord. 2512 § 1, 1984; Code 1970 § 23.05.020.]
Section 11. PMC Section 23.35.060, SEPA policies, is hereby amended and shall read
as follows:
23.35.060 SEPA policies.
The City designates and adopts by reference the following policies as the basis for the City’s
exercise of authority pursuant to this section:
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Ordinance – Amending PMC Title 23 Environmental Impact - 12
(1) The City shall use all practicable means, consistent with other essential considerations of state
policy, to improve and coordinate plans, functions, programs and resources to the end that the state
and its citizens may:
(a) Fulfill the responsibilities of each generation as trustees of the environment for
succeeding generations;
(b) Assure for all people of the state safe, healthful, productive and aesthetically and
culturally pleasing surroundings;
(c) Attain in the widest range of beneficial uses of the environment without degradation, risk
to health or safety or other undesirable and unintended consequences;
(d) Preserve important historic, cultural and natural heritage;
(e) Maintain, whenever possible, an environment which supports diversity and variety of
individual choice;
(f) Achieve a balance between population and resource use which will permit high standards
of living and a wide sharing of life’s amenities; and
(g) Enhance the quality of renewable resources and approach the maximum attainable
recycling of depletable resources.
(2) The City recognizes that each person has a fundamental and inalienable right to a healthful
environment and that each person has a responsibility to contribute to the preservation and
enhancement of the environment.
(3) The City incorporates by reference the policies in the following plans, ordinances and
resolutions, as may be amended hereafter:
(a) Comprehensive Plan;
(b) Comprehensive Parks, and Recreation & Open Space (PROS) Master Plan;
(c) 3-R Area Action Plan Downtown Pasco Master Plan;
(d) Solid Waste Plan Broadmoor Master Plan and Development Regulations;
(e) Shoreline Master Program Plan;
(f) Urban Parks Recovery Program Transportation System Master Plan;
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Ordinance – Amending PMC Title 23 Environmental Impact - 13
(g) Transportation Improvement Plan;
(h) Pasco Municipal Code, Title 28, Critical Areas;
(i) Pasco Municipal Code, Title 24, Floodplain;
(j) Pasco Design and Construction Standards and Specifications.
(g) Resolution Nos. 943, 1305, 1372 and 2337; and
(h) Ordinance No. 3255.
(4) The City establishes the following additional policies:
(a) Require land development to include appropriate measures to prevent air pollution and
deterioration of ambient air quality;
(b) Require land development to utilize vegetation, topography and on-site drainage systems
or methods sufficient to prevent runoff onto public ways;
(c) Require land development where necessary to employ dust abatement, wind erosion
and/or site restoration methods where construction or subsequent operations involve grading
or excavation activities;
(d) Avoid the dumping or discharge of any unauthorized substance into the surface water or
groundwater systems;
(e) Preserve the physical capability of lands to support urban development and use;
(f) Recognize the intrinsic value of riparian wildlife habitat and, to the extent possible,
prevent its deterioration;
(g) Utilize the noise standards set forth in Chapter 173-60 WAC, for proposals not covered
by City standards, to regulate noise levels generated directly or indirectly by the use of lands;
(h) Utilize natural and manmade visual barriers to separate to the extent possible, residential
land development from commercial and industrial land developments and other nonresidential
uses;
(i) Require accident contingency plans in conjunction with all land developments posing a
threat to vicinal properties when such operations involve a substantial risk of explosion or
release of hazardous substance;
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Ordinance – Amending PMC Title 23 Environmental Impact - 14
(j) To avoid unnecessary congestion and hazard at the intersection of arterial streets,
driveways should be no closer than 60 feet to the intersection, and in no case be closer than
20 feet to the intersection;
(k) To avoid unnecessary hazard associated with the movement of vehicles from public or
private properties onto public streets, any off-street parking lot, other than for residential
development requiring three or fewer off-street parking spaces, should be designed to allow
vehicles to enter public streets in a head-on fashion rather than by backing out; and
(l) Require the dedication and/or improvement of right-of-way to promote the logical
extension of public streets concurrent with development. [Ord. 3297 § 8, 1998; Ord. 2512 § 1,
1984; Code 1970 § 23.07.060.]
Section 12. PMC Section 23.35.070, Appeals, is hereby amended and shall read as
follows:
23.35.070 Appeals.
(1) When any nonexempt action, not requiring a decision of the City Council, is conditioned or
denied or after a threshold determination is made on the basis of SEPA by a nonelected official,
the decision may be appealed to the Hearing Examiner.
(2) Such appeal may be perfected by the proponent or an aggrieved party by giving notice to the
responsible official. The appeals shall be filed by the required deadlines of this chapter.
(a) The appeal shall be filed in writing and shall contain the name and address of the person
filing the appeal and the name of the organization or agency represented, if any.
(b) The appeal shall set forth the specific reason, rationale, and/or basis for the appeal.
(c) Payment of the appeal fee in the amount of $200.00 shall occur at the time the appeal is
filed.
(3) In addition to the exhibits submitted, the City may submit a responsive memorandum to the
Hearing Examiner and provide copies to the other parties at least one day prior to the hearing.
(4) If the appeal has been timely filed and complies with the requirements of subsection (2) of
this section, the Hearing Examiner shall conduct an open record appeal hearing into the merits of
the appeal, at which time the Hearing Examiner shall hear and receive testimony, documentary
evidence, and arguments from the parties solely on the issues raised or identified by the appeal.
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Ordinance – Amending PMC Title 23 Environmental Impact - 15
(a) The person(s) filing the appeal shall have the burden of going forward with the evidence
and the ultimate burden of persuasion.
(b) Notice of any open record appeal hearing held pursuant to this section shall be provided
to the parties at least 14 days prior to the hearing.
(c) The Hearing Examiner may continue the open record appeal hearing from time to time
without further mail or delivered notice.
(d) The Hearing Examiner shall maintain an electronic record of the testimony and arguments
presented and a record of any physical evidence/documents presented.
(e) The Hearing Examiner’s decision shall be rendered within 10 working days of the
conclusion of an open record appeal hearing unless a longer period is agreed to by the
appellant parties. This will be the effective date of the decision.
(f) The Hearing Examiner’s decision shall include findings of fact and conclusions in support
of the decision.
(g) The Hearing Examiner’s decision under this section may be to grant or deny the appeal
in whole or in part, or to remand the threshold determination to the responsible official for
reconsideration.
(h) Appeal hearings held by the Hearing Examiner pursuant to this section shall be de novo.
(i) The Hearing Examiner’s decision shall become final unless timely appealed.
(5) Appeal of the final decision of the Hearing Examiner under this section shall be to the superior
court of Franklin County.
(6) Substantial Weight Accorded Responsible Official. The procedural determinations made by
the City’s responsible official shall carry substantial weight in any appeal proceeding under this
chapter.
(7) Record. For any appeal to superior court under this chapter, the City shall provide for a record
that shall consist of the following:
(a) Findings and conclusions;
(b) Testimony under oath;
(c) A taped or written transcript, the cost of which shall be borne by the appellant; and
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Ordinance – Amending PMC Title 23 Environmental Impact - 16
(d) Admitted exhibits.
(8) Exhaustion of Remedies. SEPA appeal procedures, as provided herein, must be utilized prior
to judicial review of the SEPA decision.
(9) Appeal of Intermediate Steps Prohibited. Appeal of the intermediate steps under SEPA (e.g.,
lead agency determination, scoping, draft EIS adequacy) shall not be allowed.
(10) One Administrative Appeal Permitted. Only one administrative appeal of a threshold
determination or of the adequacy of an EIS shall be permitted under these rules; successive
administrative appeals on these issues are not allowed. This limitation does not apply to
administrative appeals before another agency.
(11) Scope of Appeals Limited. Appeals on SEPA procedures shall be limited to review of a final
threshold determination and final EIS. These appeals may occur prior to an agency’s final decision
on a proposed action.
(12) Appeal to be Consolidated with Underlying Permitted Action. In any appeal, except that of
a threshold determination, the appeal shall consolidate any allowed appeals of procedural and
substantive determinations under SEPA with a hearing or appeal on the underlying governmental
action in a single simultaneous hearing before the Hearing Examiner. This hearing shall be one at
which the Hearing Examiner will consider either the agency’s decision or a recommendation on
the proposed underlying governmental action.
(13) Consolidated Appeals Required. Any appeal of a procedural or substantive determination
under SEPA issued at the same time as the decision on a project action shall be filed within 14
days after a notice of decision under RCW 36.70B.130 or after other notice that the decision has
been made and is appealable. In order to allow public comment on a DNS prior to requiring an
administrative appeal to be filed, this appeal period shall be extended for an additional seven days
if the appeal is of a DNS for which public comment is required under this chapter., except that
Ffor threshold determinations issued prior to a decision on a project action, any administrative
appeal shall be filed within 14 days after notice that the determination has been made and is
appealable.
(14) Conflict with Other City rules. In the event any of the SEPA appeal rules conflict with other
sections of this code, the SEPA appeal rules shall govern, except for consolidated appeals. For
consolidated appeals, the timelines here shall govern. unless PMC 4.02.100 provides for a longer
time period, in which case the longer period shall govern.
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Ordinance – Amending PMC Title 23 Environmental Impact - 17
(15) Conflict with SEPA Statute and Regulations. In the event any of the City’s SEPA rules
conflict with any portion of Chapter 197-11 WAC , Chapter 43.21C or 36.70B RCW, the rules
contained in the state statutes and regulations shall govern. [Ord. 4520 § 1, 2021; Ord. 3765 § 2,
2006; Ord. 3297 § 8, 1998; Ord. 2886 § 1, 1992; Ord. 2512 § 1, 1984; Code 1970 § 23.07.070.]
Section 13. PMC Chapter 23.45, CATEGORICAL EXEMPTIONS, including Sections
23.45.010 (Purpose) and 23.45.020 (Adoption by reference) is hereby repealed:
Chapter 23.45
CATEGORICAL EXEMPTIONS
Sections:
23.45.010 Purpose.
23.45.020 Adoption by reference.
23.45.010 Purpose.
This chapter establishes the proposals which are categorically exempt from threshold
determination and environmental impact statement requirements, subject to the rules and
limitations on categorical exemptions contained in WAC 197-11-305. [Ord. 2512 § 1, 1984; Code
1970 § 23.09.010.]
23.45.020 Adoption by reference.
The City adopts by reference the following sections of Chapter 197-11 WAC, as supplemented by
PMC 23.15.030 and 23.50.030:
WAC
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
[Ord. 3297 § 10, 1998; Ord. 2512 § 1, 1984; Code 1970 § 23.09.020.]
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Ordinance – Amending PMC Title 23 Environmental Impact - 18
Section 14. PMC Title 23, ENVIRONMENTAL IMPACT, Chapters, are hereby
amended and shall read as follows:
Title 23
ENVIRONMENTAL IMPACT
Chapters:
23.05 Authority
23.10 General Requirements
23.15 Categorical Exemption and Threshold Determinations
23.20 Environmental Impact Statement (EIS)
23.25 Commenting
23.30 Using Existing Environmental Documents
23.35 SEPA and Agency Decisions
23.40 Definitions
23.45 Categorical Exemptions
23.50 Agency Compliance
23.55 Critical Lands Protection
23.60 Forms
Section 15. PMC Section 23.50.020, Adoption by reference, is hereby amended and
shall read as follows:
23.50.020 Adoption by reference.
The City adopts, by reference, the following sections of Chapter 197-11 WAC:
WAC
197-11-900 Purpose of this part.
197-11-902
197-11-906
Agency SEPA policies.
Content and consistency of agency procedures.
197-11-916 Application to ongoing actions.
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Ordinance – Amending PMC Title 23 Environmental Impact - 19
WAC
197-11-920 Agencies with environmental expertise.
197-11-922 Lead agency rules.
197-11-924 Determining the lead agency.
197-11-926 Lead agency for governmental proposals.
197-11-928 Lead agency for public and private proposals.
197-11-930 Lead agency for private projects with one agency with jurisdiction.
197-11-932 Lead agency for private projects requiring licenses from more than one
agency, when one of the agencies is a county/city.
197-11-934 Lead agency for private projects requiring licenses from a local agency,
not a county/city, and one or more state agencies.
197-11-936 Lead agency for private projects requiring licenses from more than one
state agency.
197-11-938 Lead agencies for specific proposals.
197-11-940 Transfer of lead agency status to a state agency.
197-11-942 Agreements on lead agency status.
197-11-944 Agreements on division of lead agency duties.
197-11-946 DOE resolution of lead agency disputes.
197-11-948 Assumption of lead agency status.
[Ord. 2512 § 1, 1984; Code 1970 § 23.10.020.]
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Ordinance – Amending PMC Title 23 Environmental Impact - 20
Section 16. PMC Section 23.55.010, General provisions, is hereby amended and shall
read as follows:
23.55.010 General provisions.
The provisions of the State Environmental Policy Act and Shoreline Management Act and their
attendant rules are recognized as the regulatory vehicle through which the City meets its
obligations to protect critical lands as required by RCW 36.78.03036.70A.060 and Ch. 90.58
RCW36.78.060. [Ord. 2923 § 1, 1993; Code 1970 § 23.11.010.]
Section 17. 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 18. 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 regulation s; or
numbering or referencing of ordinances or their sections and subsections.
Section 19. Effective Date. This ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington this ___ day of _____,
2026.
Charles Grimm
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Krystle Shanks, CMC Ogden Murphy Wallace, PLLC
City Clerk City Attorney
Published: _____________________________
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Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
Environmental Analysis for Flexible Categorical Exemptions Proposed Under PMC
23.15.025 & Outreach Documentation
1. Purpose of This Documentation
This document demonstrates (as required by WAC 197-11 -800.c.i) that the environmental
analysis, protection standards, and mitigation requirements for all elements of the environment
listed in WAC 197-11 -444 have been adequately addressed for development that may be exempt
from SEPA threshold review under the amended PMC 23.15.025 Flexible Categorical
Exemptions.
This documentation is required under RCW 43.21C.229 and WAC 197-11 -800(1)(d) to justify
local categorical exemption threshold increases.
2. Nature of the Proposal
The City of Pasco has amended PMC 23.15.025 to adopt flexible categorical exemption
thresholds for:
• Single-family projects (≤ 30 units)
• Multifamily projects (≤ 60 units)
• Commercial/office/school/recreational buildings (≤ 20,000 sq. ft., ≤ 90 parking
spaces)
• Parking lots (≤ 90 spaces)
• Agricultural structures (≤ 40,000 sq. ft.)
• Landfill/excavation volumes (≤ 1,000 cubic yards)
These exemptions do not apply where environmental sensitivity is present, including:
• Land covered by water
• Areas within 300 feet of wetlands, streams, or surface/groundwater features
• DAHP “Survey Highly Advised: Very High Risk” archaeological parcels
Thus, the ordinance does not authorize any development; it only clarifies which future proposals
may be treated as categorically exempt.
3. Existing Environmental Framework That Provides Adequate Protection
All exempt projects remain subject to Pasco’s existing regulatory structure, which already
provides environmental analysis and mitigation equivalent to SEPA review. Below are the
applicable sections of Title 23 and other PMC titles.
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Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
3.1 SEPA Regulations Adopted by Reference
PMC 23.10.020 adopts the core SEPA rules including:
• Environmental review content (WAC 197-11 -060)
• GMA/SEPA integration (WAC 197-11 -158 through 197-11 -235)
• Use of existing information and plans
PMC 23.15.020 and 23.45.020 adopt WAC 197-11 -800 (“Categorical Exemptions”) as the
baseline environmental exclusion framework.
3.2 Environmental Protection Already Addressing WAC 197-11 -444 Elements
WAC 197-11 -444 lists 14 elements of the natural environment and 9 elements of the built
environment. Each of these is already governed by existing City and State development
regulations.
Natural Environmental Elements
WAC 197-11 -444 Element Existing Pasco Regulations Addressing It
Earth PMC Title 12 (Grading); City Design & Construction Standards;
Stormwater Regulations
Air PMC 23.35.060(4)(a) – Prevention of air pollution and deterioration
Water PMC Title 28 (Critical Areas); PMC Title 24 (Floodplains); Stormwater
Standards
Plants / Animals Critical Areas Ordinance; Shoreline Regulations
Energy / Natural Resources State Energy Code; City Utility Policies
Environmental Health (noise, hazards,
contamination)
PMC 23.35.060(g–i) – Noise standards, hazardous materials, accident
contingency planning
Land / Shoreline / Wetlands PMC Title 28; Exemption restrictions in PMC 23.15.025(1) preventing
use near waterbodies or wetland
Built Environment Elements
WAC 197-11 -444 Element Existing Pasco Regulations Addressing It
Land & Shoreline Use PMC Titles 25 & 27 (Zoning); Comprehensive Plan
Housing Zoning Code; Building Code
Aesthetics PMC 23.35.060(h); Zoning Design Standards
Light & Glare Building Code; Zoning Regulations
Recreation Comprehensive Plan; Parks, Recreation & Open Space (PROS) Plan
Page 65 of 179
Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
WAC 197-11 -444 Element Existing Pasco Regulations Addressing It
Historic / Cultural Resources DAHP “Survey Highly Advised: Very High Risk” restrictions; PMC
23.15.025(1); Inadvertent Discovery Protocol requirements
Transportation Transportation System Plan; Transportation Concurrency; City Design &
Construction Standards
Public Services & Utilities Water, Sewer, and Stormwater Master Plans; Fire Code; Building Code
Because all development must comply with these regulations regardless of SEPA exemption, the
City’s regulatory framework already performs the environmental analysis, protection, and
mitigation functions that SEPA would otherwise require for the development types exempted
under PMC 23.15.025.
4. Why Environmental Impacts Are Adequately Addressed Without SEPA Checklist
Review
4.1 Critical Lands Are Already Protected
PMC Title 28 (Critical Areas) and PMC 23.50.030 require consistency with critical area
regulations, independent of SEPA.
PMC 23.15.025 explicitly prohibits the use of exemptions for:
• Wetlands
• Streams
• Groundwater/surface water collection areas
• Floodplains
• Archaeological high-risk areas, further, all other parcels may be exempt from SEPA
review only if Inadvertent Discover Protocol is included by the City as condition of
approval prior to issuance of any ground disturbing permits.
Thus, any project that might affect sensitive resources automatically remains subject to SEPA
review.
4.2 Built Environment Impacts Governed Through Existing Codes
Even when SEPA is exempt, the City retains authority to require:
• Transportation improvements via concurrency
• Utility system upgrades
• Fire and building code compliance
• Stormwater mitigation
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Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
• Archaeological IDP measures
• Zoning compliance
These requirements directly mitigate elements of the environment, meeting the intent of the
SEPA checklist.
5. Use of Prior Environmental Analyses
PMC 23.10.020, 23.30.020, and 23.35.060 adopt by reference:
• The City’s Comprehensive Plan
• Transportation System Master Plan
• Parks & Recreation Plan
• Critical Areas Ordinance
• Floodplain Ordinance
• Shoreline Master Program
• Design & Construction Standards
Other codes used to review environmental components:
• City's Design and Construction Standards & Specifications (2022 revision)
• Pasco Municipal code
• PMC 3.35 Fee summary
• PMC 3.40 Impact Fees
• PMC 12.36 Concurrency
• Pasco Transportation System Master Plan (resolution 4220) or as amended.
• City of Pasco Design and Construction Standards and Specifications for Public Works
Improvements dated March 2022 or as revised after this date.
These documents incorporate or reference programmatic environmental analyses previously
completed under SEPA or GMA, which provide existing environmental review for the types of
development covered by the exemption.
Therefore, environmental impacts for small-scale development within urbanized/UGA areas have
already been reviewed at the planning level, satisfying the requirement of RCW 43.21C.229.
6. Outreach and Coordination with WSDOT And Local Tribes
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Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
A 60-day notice was provided to the following agencies for review and comment related to the
SEPA Threshold changes.
A meeting was held with WSDOT staff on July 24, 2025, to discuss the SEPA threshold
increases. WSDOT requested all Traffic Impact Analysis Reports be emailed to their agency as
an FYI. City of Pasco intends to further coordinate with WSDOT should the levels be increased
further in the future.
WSDOT staff below were mailed the Notice of Adoption of SEPA Flexible Exemptions on
11.26.2025 for review and comment.
• mark.reynolds@wsdot.wa.gov
• phil.nugent@wsdot.wa.gov
Coordination with Local Tribes (Colville, Umatilla, and Yakama Nation) occurred in 2025 via
phone calls and/or Teams meetings. Memorandum of Understandings could be a tool utilized if
desired instead of requiring a SEPA review for High-Risk areas however, at this time, the city of
Pasco proposes that a SEPA review is triggered if a project falls within a High-Risk area. All other
projects must include inadvertent discovery language as a condition of approval prior to issuance
of any ground disturbing permits. The following contacts were notified via the 60-day Notice of
Adoption of SEPA Flexible Exemptions on 11.26.2025 for review and comment.
Confederated Tribes of the Colville Reservation
• Arrow.Coyote@colvilletribes.com
• guy.moura@colvilletribes.com
Confederated Tribes of the Umatilla
• PattyPerry@ctuir.org
• NaturalResources@ctuir.org
• CulturalResources@ctuir.org
Confederated Tribes and Bands of the Yakama Nation
• noah_oliver@yakama.com
• casey_barney@yakama.com
• corrine_camuso@yakama.com
• ian_gray@yakama.com
• jessica_lally@yakama.com
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Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
Additional contacts (including Washington State Department of Ecology and Department. of
Archaeology and Historic Preservation Staff) were notified via the 60-day Notice of Adoption of
SEPA Flexible Exemptions 11.26.2025 for review and comment.
• admin@bbec.org admin@bbec.org
• Angela Pashon pashona@pasco-wa.gov
• Arnie Garza arnie.garza@cngc.com
• BDI rebeccaf@basindisposal.com
• Benton County michelle.mercer@co.benton.wa.us
• BFHD SEPA SEPA@BFHD.WA.GOV
• Brad Backus brad@franklincountyirrigation.com
• Brian Scott bscott@scbid.org
• Carmen Patrick patrickc@pasco-wa.gov
• City of Kennewick anthony.muai@ci.kennewick.wa.us
• City of Richland mrizzitiello@ci.richland.wa.us
• Deborah Rodgers dxrodgers@bpa.gov
• Dept. of Archaeology and Historic Preservation sepa@dahp.wa.gov
• SEPACENTER@dnr.wa.gov
• Eric Dixon edixon@scbid.org
• Erin Braich ebraich@bfcog.us
• Erin Hockaday erint@bfhd.wa.gov
• FPUD Engineering@franklinpud.com
• Franklin County wmccart@franklincountywa.gov
• Gabe Martin gmartin@bft.org
• Jack Howard Jack.Howard@bfhd.wa.gov
• Jody Adams jody.adams@cngc.com
• John Burns john@franklincountyirrigation.com
• Junior Campos junior.campos@charter.com
• Kathryn Wall kwall@bft.org
• Keith P Baird keithb@nezperce.org
• Kity Shaffer kirt@tippettcompany.com
• Leticia Moroy-Iglesias lmonroy@franklinpud.com
• Maria Serra serram@pasco-wa.gov
• Mark Hay mhay@bbec.org
• Michael Ritter Michael.ritter@dfw.wa.gov
Page 69 of 179
Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
• Mike Beck mike.beck@charter.com
• Nikki Morgan nmorgan@co.franklin.wa.us
• R3 Planning DFW R3planning@dfw.wa.gov
• Richa Sigdel sigdelr@pasco-wa.gov
• Robin Moug rmoug@co.franklin.wa.us
• Tony Campos antonio.campos@charter.com
• Walla Walla ACOE cenww-pa@usace.army.mil
• Walla Walla County Director lprentice@wwcowa.gov
• WSDOT scplanning@wsdot.wa.gov
• WSDOT Aviation Land Use aviationlanduse@wsdot.wa.gov
Page 70 of 179
Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
NOTICE AND OPPORTUNITY FOR COMMENT ON PROPOSED SEPA FLEXIBLE
CATEGORICAL EXEMPTION THRESHOLDS
Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y
Económico de la Ciudad de Pasco a 509-545-3441.
Comment Period Deadline: January 26, 2026
Description: The City of Pasco, Washington has prepared a draft ordinance (File Number CA2024-007) amending the Pasco
Municipal Code to adopt the State Environmental Policy Act (“SEPA”) flexible categorical exemption thresholds for development,
pursuant to provisions of the Washington State Growth Management Act and WAC 197-11-800(1). Specifically, the proposal would
increase certain categorical exemption thresholds as allowed by WAC 197-11-800(1)(c) and as shown below:
Project Types Current Exemption Level Proposed Exemption Level
Single family residential 4 attached or detached residential units Up to 30 Units
Single family residential with
the total square footage less
than 1,500 square feet
4 attached or detached residential units Up to 30 Units
Multifamily residential 4 multifamily residential units Up to 60 Units
Barn, loafing shed, farm
equipment storage, produce
storage or packing structure
10,000 square feet Up to 40,000 square feet
Office, school, commercial,
recreational, service, storage
building, parking facilities
The construction of an office, school,
commercial, recreational, service or storage
building with 4,000 square feet of gross
floor area, and with associated parking
facilities designed for 20 automobiles. This
exemption includes parking lots for 20 or
fewer automobiles not associated with a
structure.
The construction of an office, school,
commercial, recreational, service or
storage building with 20,000 square feet
of gross floor area, or less, and with
associated parking facilities designed for
90 vehicles or less.
Fill or excavation 100 cubic yards Up to 1,000 cubic yards
The term “categorical exemption threshold” refers to the threshold below which certain proposals are not subjected to separate
environmental review under SEPA. Exempt proposals remain subject to all applicable City of Pasco development regulations and
permit requirements, which the City has been determined meet requirements for environmental analysis, protection and mitigation
for impacts to elements of the environment. Copies of the draft ordinance and a document explaining how development
regulations address requirements for environmental analysis, protection and mitigation for impacts to elements of the environment
are available for review on the City’s website at:
https://www.pasco-wa.gov/DocumentCenter
Public Comment Period: Written comments must be submitted to the Community and Economic Development Department by 5:00
p.m. On January 26, 2026. Only comments received by the referenced date will be included in the record and provided to the City
Council. If you have questions on the proposal, contact Haylie Miller, Community and Economic Development Director at
matsonh@pasco-wa.gov or 509-544-4136.
Open Record Hearing: The Pasco City Council will conduct a public hearing in February 2026 at 525 N 3rd Avenue (Pasco,
Washington, 99301) at 7:00 PM to consider the draft amendments to the Pasco Municipal Code adopting the SEPA flexible
categorical exemption thresholds referenced above, and any comments received. Following the public hearing, the City Council may
Page 71 of 179
Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
act on the draft ordinance. Check the City website to verify which council date in February will be for the scheduled public hearing:
https://pasco.civicweb.net/Portal/Default/aspx
Determination of Completeness: The application has been declared complete for the purpose of processing.
Determination of Categorical Exemption: A proposal to adopt the SEPA flexible exemption thresholds is categorically exempt from
SEPA environmental review, pursuant to WAC 197-11-800(19).
Required Permits: The proposal to amend the SEPA categorical exemption thresholds is a non-project action; no associated permits
are required as part of this proposal. City Council approval of an ordinance adopting amendments to the Pasco Municipal Code will be
required before any specific land use approval or building permit may be issued for any ground disturbing activities begin.
Prepared November 21, 2025, by: Haylie Matson, CED Director, PO Box 293 Pasco, WA 99301.
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State of Washington
DEPARTMENT OF FISH AND WILDLIFE
South Central Region • Region 3 • 1701 South 24th Avenue, Yakima, WA 98902-5720
Telephone: (509) 575-2740 • Fax: (509) 575-2474
January 6, 2026
Erik Watkins
Planner
City of Pasco
525 N 3rd Ave Pasco
Re: WDFW Comments on CA2024-007 Proposed SEPA Flexible Categorical Exemption
Threshold
Mr. Watkins,
Thank you for the opportunity to comment on CA2024-007 the proposed SEPA flexible
categorical exemption. The Washington Department of Fish and Wildlife (WDFW) has read
through the proposal and offers up the following comment to fully protect Fish and Wildlife
Habitat Conservation Areas (FWHCA) under the city’s Critical Areas Ordinance (CAO).
Under the proposed Flexible Categorical Exemptions, 23.15.025, several critical areas are listed
as not categorically exempt including land covered by water and within 300 feet of areas
containing aquatic resources. WDFW recommends adding FWHCA to this list. Construction
activities listed should not be exempt from impacts to FWHCA and their impacts need to follow
the mitigation sequence as laid out in the city’s CAO, Chapter 28.20.
Thank you for considering our comments. If you have questions on these comments, please reach
out to me at Scott.Downes@dfw.wa.gov or 509-607-3578.
Sincerely,
Scott Downes
Regional Land Use Lead
Cc: Troy Maikis, WDFW
Haylie Miller, City of Pasco
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ATTACHMENT 5
Page 81 of 179
Page 82 of 179
CERTIFICATION OF ENROLLMENT
SECOND SUBSTITUTE SENATE BILL 5412
Chapter 368, Laws of 2023
68th Legislature
2023 Regular Session
STATE ENVIRONMENTAL POLICY ACT—LOCAL LAND USE—CATEGORICAL EXEMPTIONS
—HOUSING
EFFECTIVE DATE: July 23, 2023
Passed by the Senate April 22, 2023
Yeas 41 Nays 8
DENNY HECK
President of the Senate
Passed by the House April 17, 2023
Yeas 95 Nays 2
LAURIE JINKINS
Speaker of the House of
Representatives
CERTIFICATE
I, Sarah Bannister, Secretary of
the Senate of the State of
Washington, do hereby certify that
the attached is SECOND SUBSTITUTE
SENATE BILL 5412 as passed by the
Senate and the House of
Representatives on the dates hereon
set forth.
SARAH BANNISTER
Secretary
Approved May 9, 2023 11:10 AM FILED
May 10, 2023
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
Page 83 of 179
AN ACT Relating to reducing local governments' land use 1
permitting workloads, by ensuring objective and timely design review 2
for housing and other land use proposals within cities and counties 3
and allowing proposed housing within urban growth boundaries to rely 4
on environmental reviews completed at the comprehensive planning 5
level; and amending RCW 43.21C.229.6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
Sec. 1. RCW 43.21C.229 and 2020 c 87 s 1 are each amended to 8
read as follows:9
(1) ((In order)) The purpose of this section is to accommodate 10
infill and housing development and thereby realize the goals and 11
policies of comprehensive plans adopted according to chapter 36.70A 12
RCW((, a)).13
(2) A city or county planning under RCW 36.70A.040 is authorized 14
by this section to establish categorical exemptions from the 15
requirements of this chapter.(( An exemption adopted under this 16
section applies even if it differs from the categorical exemptions 17
adopted by rule of the department under RCW 43.21C.110(1)(a).)) An 18
exemption may be adopted by a city or county under this subsection if 19
it meets the following criteria:20
SECOND SUBSTITUTE SENATE BILL 5412
AS AMENDED BY THE HOUSE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By Senate Transportation (originally sponsored by Senators Salomon,
Liias, Kuderer, Lovelett, Mullet, and Pedersen)
READ FIRST TIME 02/24/23.
p. 1 2SSB 5412.SLPage 84 of 179
(a) It categorically exempts government action related to 1
development proposed to fill in an urban growth area, designated 2
according to RCW 36.70A.110, where current density and intensity of 3
use in the area is roughly equal to or lower than called for in the 4
goals and policies of the applicable comprehensive plan and the 5
development is either:6
(i) Residential development;7
(ii) Mixed-use development; or8
(iii) Commercial development up to ((sixty-five thousand)) 65,000 9
square feet, excluding retail development;10
(b) It does not exempt government action related to development 11
that is inconsistent with the applicable comprehensive plan or would 12
clearly exceed the density or intensity of use called for in the 13
goals and policies of the applicable comprehensive plan;14
(c) The local government considers the specific probable adverse 15
environmental impacts of the proposed action and determines that 16
these specific impacts are adequately addressed by the development 17
regulations or other applicable requirements of the comprehensive 18
plan, subarea plan element of the comprehensive plan, planned action 19
ordinance, or other local, state, or federal rules or laws; and20
(d)(i) The city or county's applicable comprehensive plan was 21
previously subjected to environmental analysis through an 22
environmental impact statement under the requirements of this chapter 23
prior to adoption; or24
(ii) The city or county has prepared an environmental impact 25
statement that considers the proposed use or density and intensity of 26
use in the area proposed for an exemption under this section.27
(((2) Any)) (3) All project actions that propose to develop one 28
or more residential housing units within the incorporated areas in an 29
urban growth area designated pursuant to RCW 36.70A.110 or middle 30
housing within the unincorporated areas in an urban growth area 31
designated pursuant to RCW 36.70A.110, and that meet the criteria 32
identified in (a) and (b) of this subsection, are categorically 33
exempt from the requirements of this chapter. For purposes of this 34
section, "middle housing" has the same meaning as in RCW 36.70A.030 35
as amended by chapter . . . (Engrossed Second Substitute House Bill 36
No. 1110), Laws of 2023. Jurisdictions shall satisfy the following 37
criteria prior to the adoption of the categorical exemption under 38
this subsection (3):39
p. 2 2SSB 5412.SLPage 85 of 179
(a) The city or county shall find that the proposed development 1
is consistent with all development regulations implementing an 2
applicable comprehensive plan adopted according to chapter 36.70A RCW 3
by the jurisdiction in which the development is proposed, with the 4
exception of any development regulation that is inconsistent with 5
applicable provisions of chapter 36.70A RCW; and6
(b) The city or county has prepared environmental analysis that 7
considers the proposed use or density and intensity of use in the 8
area proposed for an exemption under this section and analyzes 9
multimodal transportation impacts, including impacts to neighboring 10
jurisdictions, transit facilities, and the state transportation 11
system.12
(i) Such environmental analysis shall include documentation that 13
the requirements for environmental analysis, protection, and 14
mitigation for impacts to elements of the environment have been 15
adequately addressed for the development exempted. The requirements 16
may be addressed in locally adopted comprehensive plans, subarea 17
plans, adopted development regulations, other applicable local 18
ordinances and regulations, or applicable state and federal 19
regulations. The city or county must document its consultation with 20
the department of transportation on impacts to state-owned 21
transportation facilities including consideration of whether 22
mitigation is necessary for impacts to transportation facilities.23
(ii) Before finalizing the environmental analysis pursuant to 24
(b)(i) of this subsection (3), the city or county shall provide a 25
minimum of 60 days' notice to affected tribes, relevant state 26
agencies, other jurisdictions that may be impacted, and the public. 27
If a city or county identifies that mitigation measures are necessary 28
to address specific probable adverse impacts, the city or county must 29
address those impacts by requiring mitigation identified in the 30
environmental analysis pursuant to this subsection (3)(b) through 31
locally adopted comprehensive plans, subarea plans, development 32
regulations, or other applicable local ordinances and regulations. 33
Mitigation measures shall be detailed in an associated environmental 34
determination.35
(iii) The categorical exemption is effective 30 days following 36
action by a city or county pursuant to (b)(ii) of this subsection 37
(3).38
(4) Until September 30, 2025, all project actions that propose to 39
develop one or more residential housing or middle housing units 40
p. 3 2SSB 5412.SLPage 86 of 179
within a city west of the crest of the Cascade mountains with a 1
population of 700,000 or more are categorically exempt from the 2
requirements of this chapter. After September 30, 2025, project 3
actions that propose to develop one or more residential housing or 4
middle housing units within the city may utilize the categorical 5
exemption in subsection (3) of this section.6
(5) Any categorical exemption adopted by a city or county under 7
this section applies even if it differs from the categorical 8
exemptions adopted by rule of the department under RCW 9
43.21C.110(1)(a). Nothing in this section shall invalidate 10
categorical exemptions or environmental review procedures adopted by 11
a city or county under a planned action pursuant to RCW 43.21C.440. 12
However, any categorical exemption adopted by a city or county under 13
this section shall be subject to the rules of the department adopted 14
according to RCW 43.21C.110(1)(a) that provide exceptions to the use 15
of categorical exemptions adopted by the department.16
Passed by the Senate April 22, 2023.
Passed by the House April 17, 2023.
Approved by the Governor May 9, 2023.
Filed in Office of Secretary of State May 10, 2023.
--- END ---
p. 4 2SSB 5412.SLPage 87 of 179
Pasco City Council
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AGENDA REPORT
FOR: City Council December 29, 2025
TO: Harold Stewart, City Manager City Council Workshop
Meeting: 1/26/26
FROM: Sara Matzen, Director
Human Resources
SUBJECT: Resolution - 2026 Collective Bargaining Agreement with the Pasco
Police Officers Association - Non-Uniform Bargaining Unit (5 minute
staff presentation)
I. ATTACHMENT(S):
Resolution
2026 Collective Bargaining Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presentation
III. FISCAL IMPACT:
departmental increase will agreement updated of Impact Fiscal The the
operating costs in 2026 by approximately $30,500, based on current staffing
levels.
This estimate reflects the combined cost of the agreed-upon 2026 wage
adjustments and associated employer-paid benefits, including FICA, deferred
compensation retirement contributions, contributions, and Paid Family &
Medical Leave premiums.
In addition, the agreement increases the annual shoe (boot) allowance by $50
per PPOA-NU member. This increase supports required duty footwear and
represents a modest, predictable increase to ongoing personnel costs. The
cost of the allowance increase is included in the overall compensation impact
for the bargaining unit and will be managed within the Police Department’s
adopted budget.
IV. HISTORY AND FACTS BRIEF:
Background:
Page 95 of 179
The current contract terminates December 31, 2025.
Negotiations commenced on September 24, 2025, with this 8-member
were modifications contract some language and unit bargaining after
bargained, which provide greater clarity for management and the bargaining
unit members, the parties reached a tentative agreement on November 21,
2025.
On November 21, 2025, the Pasco Police On December 1st, 2025 the Pasco
Police Officer Association- Non Uniformed (PPOA-NU) Representative notified
the City that the membership voted to ratify the tentative 2026-2026 Collective
Bargaining Agreement. There were some contract language modifications that
were negotiated, which provides greater clarity for management and the
bargaining unit members.
Impact (other than fiscal):
The updated agreement refines overtime and compensatory time provisions to
clearly define when overtime is earned and to establish mutually agreed-upon
options for the accrual, carryover, and cash-out of compensatory time. These
provisions provide PPOA-NU employees with additional flexibility in managing
earned overtime while maintaining defined limits and administrative safeguards
for the City. Clarifying these processes supports consistent application by
supervisors, reduces administrative uncertainty, and lowers the risk of disputes
related to overtime eligibility, scheduling, and compensation.
Alignment of health, dental, and vision insurance contributions with non-
represented employee benefit structures improves administrative efficiency and
consistency medical across the organization. Clear incorporation of the
insurance reopener language establishes a defined framework for responding
to state or federal legislative changes or significant shifts in insurance market
conditions, while preserving bargaining obligations and ensuring transparency
for both the City and employees.
The agreement also supports workforce stability and retention by maintaining
competitive wage adjustments, continuing deferred compensation
contributions, and formalizing uniform allowances necessary for duty
performance. These provisions reinforce predictable compensation
administration and help sustain morale within a non-uniformed police workforce
that performs critical operational and administrative functions in support of
public safety services.
Overall, and alignment, clarity, the Agreement updated strengthens
consistency across compensation and benefits administration while preserving
management’s ability to meet operational needs and comply with evolving legal
and regulatory requirements. The changes reduce administrative complexity,
enhance without transparency, and promote labor-management stability
materially altering established service delivery models.
Page 96 of 179
V. DISCUSSION:
Recommendation:
Staff recommends City Council ratification of the 2026 PPOA-NU Collective
Bargaining Agreement.
Constraints (time or other consideration):
While this bargaining unit is not subject to interest arbitration, failure to ratify
the tentative agreement would require the parties to return to negotiations,
extending the bargaining process and delaying implementation of agreed-upon
operational and administrative improvements. Continued delay may create
uncertainty for employees and departments impacted by the agreement.
Prolonged negotiations may also contribute to employee morale concerns,
increase the risk of retention and turnover challenges, and negatively affect the
City’s impacted in employees qualified to and recruit ability retain
classifications, in addition to increasing the potential for disputes, grievances,
or inconsistent application of employment practices during the transition period.
Next Steps:
The agreement will become effective January 1, 2026, and remain in
effect through December 31, 2026, in accordance with its terms.
Human Resources, Finance, and Police Department leadership will
coordinate implementation of the approved wage adjustments, overtime
and compensatory time provisions, benefit administration, and other
contractual changes.
Payroll and administrative processes will be updated as necessary to
ensure consistent and compliant application of the agreement.
No further Council action will be required unless future reopening
provisions are triggered pursuant to the agreement.
Alternatives:
1. Do not ratify the tentative agreement and direct staff to return to the
bargaining table with PPOA-NU.
Note: This alternative would prolong negotiations, delay implementation
of agreed-upon provisions, and extend uncertainty for employees and
departments. There is no guarantee that further bargaining would result
in more favorable terms, and extended negotiations may increase
administrative burden and labor-relations risk.
2. Defer action to a future meeting to allow for additional Council review or
discussion.
Note: the of implementation ratification would Deferring postpone
may agreement, including negotiated pay increases. This impact
operational consistency, employee expectations, morale, and the City’s
ability to support retention and recruitment efforts during the interim
Page 97 of 179
period.
Page 98 of 179
Resolution – 2026 PPOA – Non-Uniformed CBA - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON.
APPROVING THE 2026-2026 COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF PASCO AND THE PASCO POLICE OFFICERS
ASSOCIATION-NON-UNIFORMED EMPLOYEES.
WHEREAS, the City of Pasco City Council has approved Collective Bargaining
Agreements (CBA) between the City of Pasco and the Pasco Police Officers Association – Non-
Uniformed Employees (PPOA-NU) since 1987; and
WHEREAS, the current CBA with the PPOA-NU, expired December 31, 2025; and
WHEREAS, the negotiations commenced September 24, 2025, with this seven-member
bargaining unit and after a few language modifications and economics were negotiated, which
provide greater clarity for management and the bargaining unit members, the parties reached a
tentative agreement on December 1, 2025.
WHEREAS, on December 2, 2025, the PPOA-NU representative notified the City that the
membership voted to ratify the tentative agreement 2026-2026 Collective Bargaining Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the Collective Bargaining Agreement Between the City of Pasco and the Pasco Police
Officers Association-Non-Uniformed Employees commencing on January 1, 2026, through
December 31, 2026\, be ratified, and
Be It Further Resolved, that the City Manager of the City of Pasco, Washington , is hereby
authorized, empowered, and directed to execute the 2026-2026 Collective Bargaining Agreement
Between the City of Pasco and the Pasco Police Officers Association-Non-Uniformed Employees,
a copy of which is attached hereto and incorporated herein for this reference as Exhibit A, on
behalf of the City of Pasco, and
Be It Further Resolved that this resolution shall take effect and be in full force
immediately upon passage by the City Council.
Page 99 of 179
Resolution – 2026 PPOA – Non-Uniformed CBA - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of
February, 2026.
_____________________________
Charles Grimm
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, MMC Ogden Murphy Wallace, PPC
City Clerk City Attorney
Page 100 of 179
2026 - 2026 Collective Bargaining Agreement
between the City of Pasco and
the Pasco Police Officers Association Non-Uniformed Employees
Page 1
2026
COLLECTIVE BARGAINING AGREEMENT
Between
THE CITY OF PASCO
And
THE PASCO POLICE OFFICERS ASSOCIATION
NON-UNIFORMED EMPLOYEES
Page 101 of 179
2026 - 2026 Collective Bargaining Agreement
between the City of Pasco and
the Pasco Police Officers Association Non-Uniformed Employees
Page 2
2026 Table of Contents
ARTICLE 1 – Recognition. .......................................................................................................... 5
ARTICLE 2 – Term and Scope of Agreement. .......................................................................... 5
Section 1. Effective Date. ........................................................................................................... 5
Section 2. Entire Agreement. ...................................................................................................... 5
Section 3. Collective Bargaining Rights. .................................................................................... 5
ARTICLE 3 – Management Rights. ............................................................................................ 5
ARTICLE 4 – Performance of Duty. .......................................................................................... 6
ARTICLE 5 – Grievance Procedures. ........................................................................................ 7
Step 1. Discussion with Supervisor...................................................................................... 7
Step 2. Written Grievance to Chief of the Department. ....................................................... 7
Step 3. Grievance Appealed to City Manager...................................................................... 7
ARTICLE 6 –Shift Off Exchange. ............................................................................................... 9
Section 1. Shift Exchange. .......................................................................................................... 9
Section 2. No Overtime Liability. ............................................................................................... 9
ARTICLE 7 – Sick Leave. ............................................................................................................ 9
Section 1. Purpose. ...................................................................................................................... 9
Section 2. Accrual and Use. ........................................................................................................ 9
a. Accrual of Sick Leave. ..................................................................................................... 9
b. New or Probationary Employees Accrual and Use of Sick Leave. .............................. 9
c. Sick Leave with Pay. ........................................................................................................ 9
d. Return to Work after Sick Leave. ............................................................................... 10
e. Sick Leave – Payment in Lieu Thereof. ......................................................................... 10
Section 3. Family Illness. ......................................................................................................... 10
ARTICLE 8 – Work Schedule and Overtime. ......................................................................... 10
Section 1. Work Schedule. ....................................................................................................... 10
a. Normal Work Week and Work Day. .............................................................................. 11
b. Time of Work. ............................................................................................................ 11
c. Change in Regular Long-Term Work Schedules. .......................................................... 11
d. Breaks. ........................................................................................................................ 11
Section 2. Overtime. ................................................................................................................ 11
a. Overtime Hour Threshold. ............................................................................................. 11
b. Call Backs. .................................................................................................................. 12
Page 102 of 179
2026 - 2026 Collective Bargaining Agreement
between the City of Pasco and
the Pasco Police Officers Association Non-Uniformed Employees
Page 3
c. Authorization by Chief. .................................................................................................. 12
ARTICLE 9 – Holidays. ............................................................................................................. 12
Section 1. Legal Holidays. ....................................................................................................... 12
a. Personal Holiday. ........................................................................................................... 12
b. Additional Holidays. ................................................................................................... 13
Section 2. Holiday Compensation Rate. .................................................................................. 13
Section 3. Weekend Holidays. ................................................................................................. 13
Section 4. Holiday During Vacation Leave. ............................................................................ 13
ARTICLE 10 – Bereavement. .................................................................................................... 13
Section 1. Death in Family....................................................................................................... 13
ARTICLE 11 – Medical, Dental and Life Insurance. ............................................................. 13
Section 1. Medical, Dental and Vision Insurance for Employees and Dependents. ................ 13
Section 2. Life Insurance. ........................................................................................................ 14
ARTICLE 12 – Vacations. ......................................................................................................... 14
Section 1. Vacation Credit. ...................................................................................................... 15
Section 2. Accumulation of Vacation. ..................................................................................... 15
Section 3. Probationary Employees. ........................................................................................ 15
Section 4. Vacation Buyback. .............................................................................................. 15
ARTICLE 13 - Wages. ................................................................................................................ 15
Section 1. Wage Rates ............................................................................................................. 15
Section 2. Bilingual Incentive. ................................................................................................. 15
Section 3. Out of Class Pay....................................................................................................... 15
Section 4. Deferred Compensation. ......................................................................................... 16
ARTICLE 14 – Uniforms and Cleaning. .................................................................................. 16
Section 1. Uniforms.............................................................................................................. 16
Section 2. Replacement/Cleaning. ....................................................................................... 17
Section 3. Loss and Damage. ............................................................................................... 17
Section 4. Shoes. .................................................................................................................. 17
ARTICLE 15 – Substance-Free Work Place Policy. ............................................................... 17
ARTICLE 16 – Federal Family and Medical Leave Act of 1993. .......................................... 17
Section 1.................................................................................................................................... 17
Section 2.................................................................................................................................... 17
Section 3.................................................................................................................................... 17
Page 103 of 179
2026 - 2026 Collective Bargaining Agreement
between the City of Pasco and
the Pasco Police Officers Association Non-Uniformed Employees
Page 4
ARTICLE 17 – Savings Clause. ................................................................................................. 17
ARTICLE 18 – Education Assistance ....................................................................................... 18
Section 1. Education Assistance. ............................................................................................. 18
Page 104 of 179
2026 - 2026 Collective Bargaining Agreement
between the City of Pasco and
the Pasco Police Officers Association Non-Uniformed Employees
Page 5
This Agreement is made and entered into by and between the City of Pasco, Washington,
hereinafter referred to as the “Employer” and the Pasco Police Officers Association, hereinafter
referred to as the “Association.”
ARTICLE 1 – Recognition.
The Employer recognizes that the Association is the exclusive bargaining representative for all
full-time and regular part-time non-uniformed employees of the Police Department of the City of
Pasco.
“Employee(s)” as used herein means and is limited to police department employees employed in
full-time and regular part-time positions in the Pasco Police Department, excluding the Chief of
Police, uniformed personnel within the meaning of RCW 41.56.030(6), supervisors, and
confidential employees.
Recognized Positions: The current positions specifically identified as being part of the bargaining
unit are: Police Services Specialist, Lead Police Services Specialist, Accreditation Specialist,
Evidence Technician, Crime Analyst. New non-commissioned positions created in the future by
expansion of the Police Department or by reclassification of any current non-commissioned
position within the bargaining unit would be recognized as within the bargaining unit unless
confidential or supervisory.
ARTICLE 2 – Term and Scope of Agreement.
Section 1. Effective Date. This Agreement shall become effective on January 1, 2026 and shall
remain in full force and effect to and including December 31, 2026.
Section 2. Entire Agreement. The Agreement expressed herein in writing constitutes the entire
agreement between the parties.
Section 3. Collective Bargaining Rights. The parties acknowledge that each has had the
unlimited right and opportunity to make proposals with respect to any matter being the proper
subject for collective bargaining. The results of the exercise of that right are set forth in this
Agreement.
ARTICLE 3 – Management Rights.
Except as specifically modified by other Articles of this Agreement, the Association and
employees recognized the exclusive right of the City to make and implement decisions with respect
to the operation and management of its operations in all respects. Such rights include but are not
limited to the following:
1. To establish the qualifications for employment and to employ employees.
Page 105 of 179
2026 - 2026 Collective Bargaining Agreement
between the City of Pasco and
the Pasco Police Officers Association Non-Uniformed Employees
Page 6
2. To establish the makeup of the City workforce and make changes from time to time,
including the addition or elimination of classifications, and direct the workforce towards
the organizational goals established by the City.
3. The right to determine its mission, policies, and all standards of service offered to the
public.
4. To plan, direct, schedule, control and determine the operations or services to be conducted
by the employees of the Police Department and City.
5. To determine the means, methods and number of personnel needed to carry out the
departmental operations and services.
6. To direct the workforce.
7. To hire and assign or transfer employees within the department or police-related functions.
8. To promote, demote, suspend, discipline or discharge employees for cause subject to
applicable Civil Service Laws, Rules and Regulations.
9. To lay-off or relieve employees of duty.
10. To make, publish, and enforce rules and regulations including reasonable rules pertaining
to secondary employment.
11. To introduce and use new or improved methods, equipment or facilities.
12. To contract for goods and services.
13. To assign work to and schedule employees, and to establish and change work schedules.
14. To determine the City budget and financial policies, including accounting procedures.
15. To establish and administer a personnel system which provides for all types of personnel
transactions including determining the procedures and standards for hiring, promotions,
transfer, assignment, lay off, discipline, retention and classification of positions.
16. To establish work and productivity standards and, from time to time, to change those
standards.
17. To assign overtime.
18. To take whatever action is necessary to carry out the mission of the City in emergencies.
Provided, however, that the exercise of any and all of the above rights should not conflict with
any of the express written provisions of this Agreement.
ARTICLE 4 – Performance of Duty.
Neither the Association, its officers, or agents, nor any of the employees covered by the Agreement
will engage in, encourage, sanction, support or suggest any strikes, slowdowns, blue flu, speed-
ups, mass resignations, mass absenteeism, the willful absence from one’s positions, the stoppage
of work or the abstinence in whole or in part of the full, faithful and proper performance of the
duties of employment. In the event that any employee violates this Article, the Association shall,
upon written request from the City to any elected representative of the Association, immediately
notify any such employees in writing to cease and desist from such action and shall instruct them
to immediately return to their normal duties. Any and all employees who violate any of the
provisions of this Article may be discharged or otherwise disciplined.
Page 106 of 179
2026 - 2026 Collective Bargaining Agreement
between the City of Pasco and
the Pasco Police Officers Association Non-Uniformed Employees
Page 7
ARTICLE 5 – Grievance Procedures.
A grievance shall be defined as a dispute or disagreement raised by an employee or group of
employees against the employer involving the interpretation or application of the specific
provisions of this Agreement. It is specifically understood that any disputes regarding matters
governed by Civil Service rules or statutory provisions shall not be considered grievances and shall
not be subject to the grievance procedure hereinafter set forth. Nor shall any disciplinary actions
which may be appealed to the Civil Service Commission be considered grievances and be subject
to the grievance procedure herein. Grievances, as herein defined, shall be processed in the
following manner.
Step 1. Discussion with Supervisor. As soon as possible, but in no case later than ten (10)
calendar days after an employee knows or should have known of the event giving rise to a
complaint, an employee shall first discuss their complaint with their immediate supervisor. Said
supervisor shall make an investigation of the relevant facts and circumstances of the complaint
and attempt to resolve the matter. If the complaint is not settled, the employee shall notify the
“Non-Uniformed” Unit Grievance Committee of the Association in writing, setting forth the nature
of the complaint. Said notifications shall cite the relevant facts, provisions of the Agreement
allegedly violated and the remedy sought. The “Non-Uniformed” Unit Grievance Committee shall
meet within three (3) calendar days to determine whether a valid grievance does in fact exist. If
the complaint is found not to constitute a valid grievance, no further action will be taken.
Step 2. Written Grievance to Chief of the Department. If the grievance committee
finds a valid grievance, its written findings and the original complaint of the employee shall be
forwarded to the Police Chief within fifteen (15) calendar days from the date of the committee’s
meeting. The police chief shall meet with the employee and a committee representative within
seven (7) calendar days and notify the employee in writing of their decision within ten (10)
calendar days following said meeting.
Step 3. Grievance Appealed to City Manager. If the Association is dissatisfied with the
decision of the Police Chief, the Association may, within ten (10) calendar days from the Police
Chief’s decision, request a review by the City Manager. Said appeal shall delineate the areas of
agreement and disagreement with the response given at Step 2 and the reasons therefore. The City
Manager shall hold a hearing on the dispute within fifteen (15) calendar days where the parties
may provide evidence and testimony. The City Manager shall issue a written decision and the
reasons therefore within fifteen (15) calendar days of such hearing.
If the Association is not satisfied with the decision of the City Manager, the Association may
within seven (7) working days of the date of the City Manager’s decision, forward a request for
review by an independent Fact Finder to the City Manager. Said request shall delineate the areas
of agreement and disagreement with the decision of the City Manager and the reasons therefore.
The Association and the City shall attempt to agree upon a person who would act in such capacity.
If parties fail to agree upon and/or obtain a Fact Finder within seven (7) working days of service
of the request, then either party may request a Federal Mediation and Conciliation Service (FMCS)
Page 107 of 179
2026 - 2026 Collective Bargaining Agreement
between the City of Pasco and
the Pasco Police Officers Association Non-Uniformed Employees
Page 8
to supply the names of five (5) disinterested individuals who are qualified and willing to perform
as an impartial Fact Finder in the dispute. Upon receipt of said names, the parties shall meet within
seven (7) working days to make a selection. Selection shall be achieved by alternate striking of
names with the party striking first being determined by a coin toss.
The Fact Finder shall convene a hearing in the City of Pasco within thirty (30) days of selection
by the parties. At said hearing the parties may present evidence and sworn testimony as well as
cross-examine one another’s witnesses. Each of the parties agrees to produce any records or
materials that the Fact Finder may require relative to the dispute.
Upon closure of the hearing, the Fact Finder shall promptly issue written findings and
recommended action(s). In formulating their position, the Fact Finder shall designate the losing
party. The opinion shall not attempt to destroy, change, delete from, add to or alter the terms of
this Agreement.
Within ten (10) working days of the City Manager’s receipt of the Fact Finder’s written opinion,
the City Manager shall either affirm, disaffirm, or amend said opinion and provide the reasons
therefore. The result of the City Manager’s review shall be final and binding on the parties and
there shall be no further appeal.
Each party shall bear the cost of the preparation of its own case. The cost of the Fact Finder shall
be borne by the parties in equal amounts including related fees, expenses and room rental. In the
event the City Manager does not follow the recommendation of the Fact Finder’s written opinion,
the City shall bear the full cost of the related fees, expenses, etc., of the Fact Finder.
Special provisions:
1. The term “employee” as used in the Article shall mean an individual employee, or group
of employees, accompanied by a representative.
2. An Association representative and/or aggrieved party shall be granted time off without loss
of pay for the purpose of processing a grievance from Step 2 forward. Any investigation
undertaken by the Association upon the worksite shall be conducted so as not to disturb
the work of uninvolved employees and only after advance notice to the Police Chief.
3. A grievance may be entertained or advanced to any step in the grievance procedure if the
parties so jointly agree.
4. The time limits as specified in this procedure may be extended by mutual written consent
of the parties involved. Both parties must sign a statement of the duration of such extension
of time.
5. Any grievance shall be considered settled at the completion of any step if all parties are
satisfied or if neither party presents the matter to a higher authority within the prescribed
period of time.
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the Pasco Police Officers Association Non-Uniformed Employees
Page 9
6. Failure to act within the time limits specified in any step, other than a failure to meet or
respond within the time limits, shall constitute a waiver and forfeiture of the moving party’s
right to further consideration of the grievance. Failure to meet or respond shall be deemed
a waiver of that step and the grievance may be referred to the next step of the grievance
procedure if the aggrieved party gives written notice of its intent to do so within five (5)
calendar days after the deadline for meeting or responding.
The parties agree to use a standardized form for the submission of grievance.
ARTICLE 6 –Shift Off Exchange.
Section 1. Shift Exchange. Employees shall have the right to exchange shifts off when the
exchange does not interfere with the best interests of the police department or result in overtime
liability for the employer. Requests for exchanges of shifts off shall be made forty-eight (48) hours
in advance of the day requested, excluding holidays and weekends, and be subject to the approval
of the Chief of Police or their designee.
Section 2. No Overtime Liability. A shift exchange shall not result in overtime liability for the
employer. When an exchange results in an employee working hours that would qualify for
overtime, the excess hours worked shall be excluded from the calculation of hours for which the
employee would otherwise be entitled to overtime.
ARTICLE 7 – Sick Leave.
Section 1. Purpose. It is understood that sick leave is solely for the purpose of illness or injury
when the employee is unable or unfit to report to work. For all employees, paid sick leave shall
not be available for illness or injury resulting from or caused by accident connected with other
gainful employment where the City has not previously approved the outside employment. The
Chief of Police, at their discretion, may require a doctor’s certification of unfitness for duty.
Section 2. Accrual and Use. All employees shall accrue and receive sick leave benefits as
follows:
a. Accrual of Sick Leave. Sick leave shall accrue at the rate of eight (8) hours for each
month of active service for each regular employee to a maximum accumulated sick
leave of 960 hours; however, the severance benefit provided hereafter shall be based
on the product of twenty-five percent times the accrued number of sick leave hours up
to a total of 720 hours.
b. New or Probationary Employees Accrual and Use of Sick Leave. A new or
probationary employee shall earn sick leave credit in accordance with Section 2a,
which shall be credited to the probationary employee after ninety (90) days of
employment.
c. Sick Leave with Pay. Employees shall earn and may be granted time off with pay
covering periods of illness or involuntary physical incapacity except time off caused
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Page 10
by accident connected with other gainful employment not previously approved by the
City to the extent that sick leave has accrued. In order to be granted sick leave with
pay, an employee must meet the following conditions:
(1) Report to the Chief, immediate supervisor or designated representative the reason
for the absence. Unless the employee’s condition otherwise prohibits, sick report must
be made as soon as possible on the first day of the absence and every day thereafter
(unless waived by the Chief or their designee) as far in advance of the scheduled work
as possible. Normally, this report shall be made no later than one-half hour before the
start of the shift.
(2) Keep the Chief, immediate supervisor or designated representative informed of
their condition if the absence is of more than three working days duration.
(3) If absence extends beyond three working days duration, the employee will be
required, at the option of the Chief, to submit a medical certificate signed by a
physician stating the kind or nature of sickness or injury, that the employee has been
unfit for work for the period of absence or quarantine or required to receive out-patient
care and is again physically able to perform their duties. The cost of obtaining such
medical certificate shall be at the City’s expense. The medical certificate shall be
submitted to the Chief of Police, or their designee and the contents of the certification
shall be disseminated to other City employees only on a “need to know” basis.
(4) Permit the City to make a medical examination by a health care professional if
the City deems it so desirable. The City shall pay the expense of such a medical
examination and the records shall be maintained consistent with the medical
confidentiality requirements.
d. Return to Work after Sick Leave. The City may, at its expense, require a certificate
from an employee’s physician stating that the employee is physically capable of
returning to work. The city may, in addition and at its expense, require the employee
to be examined by a physician of the City’s choice to determine the ability of the
employee to safely perform their assigned tasks.
e. Sick Leave – Payment in Lieu Thereof. An employee at the time of leaving the City,
except for any such employee who has not given at least two weeks written notice of
their voluntary termination of employment with the City, shall have twenty-five percent
of their accumulated and unused sick leave up to an aggregate credit of 720 hours paid
to them in accordance with regular City payroll procedures.
Section 3. Family Illness. The City and the Association agree that the City will follow all state
and federal laws for leave use. These include but are not limited to FMLA. WFLA, USERRA,
state pregnancy leave laws, Washington Paid sick leave law. Details of specific laws are available
in Administrative Orders and with Human Resources.
ARTICLE 8 – Work Schedule and Overtime.
Section 1. Work Schedule.
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a. Normal Work Week and Work Day. For Clerical employees the normal workweek shall
consist of five (5) consecutive days in a seven (7) day work-period designated by the City.
The normal workday will consist of eight (8) consecutive hours of work and an unpaid,
off-duty lunch break each day subject to emergency work duties. Provided, this provision
is not intended to prohibit, by mutual agreement of the parties, the institution of an alternate
work shift in accordance of City of Pasco Administrative Order # 232 – Flex Time. For
non-clerical employees their job duties will affect their assignment or work hours.
b. Time of Work. Subject to subsection c. below, employees shall begin their work at the
time established by the Chief or their designee.
c. Change in Regular Long-Term Work Schedules. In the event the regular long-term
work schedule for an employee classification is changed, the employer will provide at least
thirty (30) days advance written notice except in the case of a bona fide emergency. Prior
to making a final decision the City will meet in good faith with the Association on the
proposed change. At the meeting with the Association, the City will explain the proposed
change; listen to the input of the employees regarding their concerns and suggestions. The
Chief will take into consideration the input of the employees in making their final
determination, but the determination of the Chief shall be final.
d. Breaks. Each employee shall receive a lunch period of thirty (30) minutes approximately
half way through the workday in accordance with the work schedule. Changes in the length
of the regular lunch period shall be subject to the requirements of subsection (C) above.
The lunch period shall not be compensable time, unless the employer interferes with the
employee’s lunch break or the employee is required to fulfill work responsibilities. Each
employee shall receive a rest period not to exceed fifteen (15) minutes approximately half
way through the first half shift and approximately half way through the second half shift
of each working day, in accordance with a schedule established by the City.
Section 2. Overtime.
a. Overtime Hour Threshold. All authorized work performed in excess of forty (40) hours
worked in a seven (7) day work period shall be paid for at the rate of time and one-half the
regular straight time rate of pay, in accordance with City of Pasco Administrative Order
#232 - Flex Time. Provided, however, time worked on a sixth or seventh day of work in a
seven (7) days’ work period shall be paid at the time and one-half rate. Vacation, sick
leave and holidays shall count as hours worked for the purposes of overtime. The
workweek shall not be lengthened solely to take advantage of an employee’s illness,
vacation, or holiday, so as to avoid overtime payment. Overtime will be distributed equally
among those employees who normally perform the work. Employees may accrue
compensatory time off in lieu of any accrued pay on a time and on half basis up to a
maximum balance of eighty (80) hours, with accrual granted at the request of the employee
and approval of the Police Chief or designee consistent with Administrative Order #279.
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By mutual agreement of the parties, up to forty (40) hours of unused compensatory time
may be carried over into the subsequent accrual period. All compensatory time in excess
of forty (40) hours at the close of the accrual period shall be cashed out in accordance with
Administrative Order #279.
b. Call Backs. Should an employee be called back to the work site to work on a scheduled
day off or after normal working hours, the employee shall receive a premium pay of Twenty
Dollars ($20.00) plus wages at time and one-half (1.5x) for actual hours worked during the
call out. An employee shall be deemed to have been “called back” only when the employee
receives notice of work to be done after having left the work site. Employees who are
required to report to work early, contiguous with their regular shift or who are asked to
“hold over” after the end of the regular shift shall not be eligible for the callout minimum
stated above but shall receive pay at time and one-half if applicable, for only the actual
hours worked.
c. Authorization by Chief. Overtime will be worked only at the direction of the Chief or
their designee. All employees shall work overtime when it is assigned.
ARTICLE 9 – Holidays.
Section 1. Legal Holidays. The following days are designated as City holidays.
Holiday Date
New Year’s Day January 1
Martin Luther King’s Birthday 3rd Monday in January
President’s Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veterans’ Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day 4th Friday in November
Christmas Day December 25
Personal Holiday As arranged
a. Personal Holiday. The Personal Holiday is a paid day off that may be selected subject to
the following conditions:
(1) The employee has been continuously employed for more than six (6) months.
(2) The employee has given at least fourteen (14) days written notice to their
supervisor unless said notice is waived.
(3) The supervisor has approved the day.
(4) The day is taken during the calendar year. Entitlement to the day will lapse
except where the day has been requested and that day and an alternate have been
denied. In the event of denial, the employee shall be paid for the day the last pay
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period of December at the holiday rate of pay unless the employee’s request for a
personal holiday is made on or after December 1, in which case the employee shall
receive their regular hourly rate of pay.
b. Additional Holidays. Any addition holidays declared by the city Council shall apply to
the members of the bargaining unit.
Section 2. Holiday Compensation Rate. In addition to being paid for the holidays designated
above, if an employee is required by the City to work on a paid holiday the employee shall receive
one and one-half times their regular rate of pay for the hours actually worked in addition to Holiday
pay at straight time rates.
Section 3. Weekend Holidays. Whenever any holiday specified above falls on a Saturday, the
Friday immediately preceding such holiday shall be observed as the holiday. When any of the
above holidays falls on a Sunday, the Monday immediately following shall be observed as the
holiday.
Section 4. Holiday During Vacation Leave. In the event a holiday honored under this
Agreement falls during an employee’s annual vacation, vacation leave for that day will not be
charged.
ARTICLE 10 – Bereavement.
Section 1. Death in Family. In the event of a death in the immediate family of an employee, the
employee shall be granted up to 32 hours off with pay. Additional leave for such purpose may be
taken and charged to other earned leave upon authorization of the Police Chief or their designee.
The City may require documentation of the need for such leave.
Immediate family for these purposes shall be defined as outlined in City of Pasco Administrative
Order 226.
ARTICLE 11 – Medical, Dental and Life Insurance.
Section 1. Medical, Dental and Vision Insurance for Employees and Dependents. The parties
have agreed to the following:
a. Employees and their spouses/dependents are eligible to participate in the City’s health
insurance plans as outlined in the plan documents.
The City offers health insurance through a third-party vendor, as outlined in the summary
plan description for the applicable plan . The City reserves the right to change health
insurance carriers, and the specifics plans offered. The City maintains the rights to select
insurance carriers for the purpose of insurance premium cost containment. Employees
solely responsible for any out-of-pocket costs, co-pays, and other non-premium costs and
expenses.
Commented [DT1]: I don’t think we should refer to part time
staff for health insurance. They would likely be temporary
employees and not eligible.
Commented [KC2R1]: Agreed
Commented [DT3]: Since this could change, maybe not call out
the company, but just say that we will provide health insurance.
**add this language: as outlined in the summary plan description
(SPD) for non-management staff.
Commented [KC4R3]: Agreed
Page 113 of 179
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the Pasco Police Officers Association Non-Uniformed Employees
Page 14
Medical Coverage:
Employee premium contributions for medical coverage shall be the same as required of non-
represented employees and shall automatically follow any adjustments made to the Non-
Represented employee contribution levels during the term of this agreement.
Dental and Vision Coverage:
Employee premium contributions for dental and vision coverage shall be the same as required of
non-represented employees and shall automatically follow any adjustments made to the Non-
Represented employee contribution levels during the term of this Agreement.
Payroll Deduction:
Employee contributions toward monthly premiums shall be divided equally between the first two
(2) paychecks of each month and deducted on a pre-tax basis, consistent with IRS regulations
and the City’s Section 125 Plan.
b. Health Insurance Reopener.
The City reserves the right to re-open Article 11 by providing at least (14) calendar days’ written
notice to the Association prior to re-opening negotiations if any of the following event(s) occur:
1. Federal Excise Tax Re-Opener: If the City determines that any of this Article’s insurance
plans or the Medical Trust offered may trigger a federal excise tax under the ACA, the City
may re-open bargaining for the affected plan(s).
2. Significant Changes Re-Opener: If the City determines there are significant changes that
will affect the availability, cost, or scope of medical, dental, vision, or life insurance and
wellness benefits. Such changes may include, but are not limited to:
a) Changes in federal or state legislation or regulations;
b) Significant alterations in insurance market conditions;
c) Introduction of new insurance plans or wellness programs; and/or
d) Substantial changes in the cost of existing insurance plans.
Section 2. Life Insurance. The City, for the term of this Agreement, shall continue to provide an
employer-paid plan with benefits of Fifty Thousand ($50,000.00) dollars of face value term
insurance, in accordance with the terms of the policy selected by the City.
ARTICLE 12 – Vacations.
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Section 1. Vacation Credit. All regular full-time employees shall receive vacation credit for
each month of continuous service starting from the date of the employee’s probationary
employment according to the following accrual schedule:
Years of Service Pay Period Accrual Annual Accrual
0-5 3.70 hrs 96 hrs
6-10 4.62 hrs 120 hrs
11-14 5.54 hrs 144 hrs
15 or more 6.46 hrs 168 hrs
Vacation accrual for regular part-time employees, as defined in City Policy, shall be pro-rated.
Section 2. Accumulation of Vacation. No accumulation of accrued vacation credit in excess of
what the employee earns in a two (2) year period shall be permitted. Time not taken which causes
accrual beyond two (2) years will be lost to the employee.
Section 3. Probationary Employees. A probationary employee will earn vacation credit that
shall be credited to the employee when the employee becomes a regular employee. Probationary
employees may not use any vacation leave during the first six months of employment/probationary
period. They will be allowed to take up to sixteen (16) hours of vacation leave during the second
six months of employment/probationary period.
Section 4. Vacation Buyback. After entering their third year of continuous service, employees
may convert up to forty (40) hours accumulated vacation to cash in December of each year.
Provided, the employee has maintained satisfactory work performance as shown on their last
performance evaluation and has used at least eighty (80) vacation hours during the preceding
twelve (12) month period.
ARTICLE 13 - Wages.
Section 1. Wage Rates for all positions:
• 2026 – 2% base hourly wage increase - effective 1st full pay period of January 2026
Wage increases are shown on Appendix “A” for all bargaining unit positions.
Section 2. Bilingual Incentive. Any Association member who is fluent in Spanish or in another
foreign language (that is deemed useful to the City) shall have their base wage increased by three
percent (3%) per hour, such proficiency shall be reasonably determined by the City.
Section 3. Out of Class Pay. Employees assigned to work in a higher classification for one or
more full shift(s) shall receive an additional ten percent (10%) per hour over their current rate of
pay, upon approval by the Chief of Police or their designee.
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the Pasco Police Officers Association Non-Uniformed Employees
Page 16
Section 4. Deferred Compensation. Each bargaining unit member shall be paid a deferred
compensation contribution as provided below:
• 2026 – effective the first pay period in December four percent (4%) City
contribution (no match required).
This provision is subject to the City’s deferred compensation rules and regulations adopted by the
City Council (consistent with collective bargaining responsibilities) and IRS regulations. The
computation of retirement contributions and pension benefits shall be governed by applicable state
law.
ARTICLE 14 – Uniforms and Cleaning.
Section 1. Uniforms. Employees in the positions of Lead Police Services Specialist and Police
Services Specialist, and Evidence Technician shall be provided the following uniforms. The
employer shall provide five (5) complete uniforms, if required for performance of duties, to each
new employee. Uniform items include:
• Long sleeved shirt (5)
• Short sleeved shirt (5)
• Long pants (7)
• Belt (1)
• Jacket (1)
The City will determine uniform styles, including colors. Uniform items shall remain the property
of the City.
Employees in the position of Evidence Technician will additionally be provided the following
uniform items by the city. The city will replace these items on an “as needed” basis:
• Winter coat (1)
• Rain coat (1)
• Nomex meth lab suit (fire resistant)
o two-piece suit, with pants and
o long sleeved shirt (1)
• Long sleeve shirts (5)
• Short sleeve shirts (5)
• BDU-style pants (7)
The City will also provide the Evidence Technician with (1) pair of shoes pursuant to the provision
of Section 4 of this Article.
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the Pasco Police Officers Association Non-Uniformed Employees
Page 17
Section 2. Replacement/Cleaning. Replacement of uniforms and uniform parts shall be on an
“as needed” basis determined by the City. The City shall provide without cost to the employees,
cleaning of up to twenty-forty (24) City issued articles of clothing each month.
Section 3. Loss and Damage. Uniform parts lost, stolen, or damaged in the line of duty and
without neglect on the part of the employee will be replaced by the employer without
recrimination, cost or charge to the employee. Uniform parts lost or damaged by the employee
intentionally or through neglect on their part will be replaced by the employee at their expense.
Section 4. Shoes. The employee shall supply shoes acceptable to the City as a uniform part. The
City shall provide an allowance for each employee required to wear a uniform in the amount of
seventy-five ($150.00) annually, to be paid on the first (1st) payroll of January. The employee
shall bear any excess costs for the shoes selected. Shoes shall be for duty use only.
ARTICLE 15 – Substance-Free Work Place Policy.
The Substance-Free Work Place Policy set forth in the City of Pasco Administrative Order.
ARTICLE 16 – Federal Family and Medical Leave Act of 1993.
Section 1. Administrative Order No. 231 of the City Manager, originated November 22, 1993 and
dated March 17, 2010, setting forth the implementing procedures of the FMLA by the City is
hereby incorporated by this referenced herein as if specifically set forth.
Section 2. If advanced knowledge of the need for use of FMLA, employees are cautioned to be
mindful of the thirty (30) day advance notice requirement. The city designated FMLA Leave
Request Form when family or medical leave is needed is intended to be used.
Section 3. FMLA leave may be coordinated with other leave benefits as noted in Administrative
Order No. 231. Any conflict between a provision of this Agreement and Administrative Order
No. 231 shall be resolved in favor of the language of this Agreement.
ARTICLE 17 – Savings Clause.
Should any Article, Section or portion of this Agreement be held unlawful and unenforceable by
final order of any court of competent jurisdiction or administrative agency having jurisdiction over
the subject matter, or by legislation of the State of Washington or federal government, such
decision or legislation shall apply only to the specific Article, Section or portion thereof directly
affected. Upon issuance of any such decision or legislation, the parties agree immediately to
negotiate a substitute, if possible, for the invalidated Article, Section or portion thereof. All other
portions of this Agreement and the Agreement as a whole, shall continue without interruption for
the term hereof.
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Page 18
ARTICLE 18 – Education Assistance
Section 1. Education Assistance. The City and the Association recognize the benefits brought
to the police function by increased educational levels. In an effort to increase members’
educational levels, the City will provide financial assistance to employees as outlined in City of
Pasco applicable Administrative Order.
Dated this ____ day of _______________, 2026.
CITY OF PASCO
_______________________________ ___________________________________
Harold L. Stewart II Ashley Haworth
City Manager PPOA-NU - President
ATTEST:
_________________________________
Debra Barham, MMC
City Clerk
Page 118 of 179
POSITION GRADE STEP
1
STEP
2
STEP
3
STEP
4
STEP
5
STEP
6
MAX
MERIT
PSS 1 27.27 28.37 29.50 30.68 31.91 33.18 35.84
Lead PSS 5 29.52 30.70 31.93 33.21 34.54 35.92 38.79
Accreditation Specialist 8 31.33 32.58 33.89 35.24 36.65 38.12 41.17
Evidence Technician 10 32.60 33.90 35.26 36.67 38.13 39.66 42.83
Crime Analyst 16 36.71 38.18 39.70 41.29 42.94 44.66 48.23
PPOA (Non-Uniformed)
WAGE SCALE 2026
Effective 1/4/2026
2% increase
Pa
g
e
1
1
9
o
f
1
7
9
AGENDA REPORT
FOR: City Council January 8, 2026
TO: Harold Stewart, City Manager City Council Workshop
Meeting: 1/26/26
FROM: Sara Matzen, Director
Human Resources
SUBJECT: with Agreement Bargaining Collective the - Resolution 2026
International Union of Operating Engineers Local No. 280 (5 minute staff
presentation)
I. ATTACHMENT(S):
Resolution
2026 Collective Bargaining Agreement
IUOE Wage Scale
Animal Shelter Wage Scale
Letter of Agreement Incorporates Animal Control & Services Employees into
IUOE
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presentation
III. FISCAL IMPACT:
Annual increases in department operations (base wages and benefits) under
the proposed one-year IUOE collective bargaining agreement are projected as
follows:
2026 – $329,000
This amount reflects total increased costs associated with wages and statutory
benefits, including FICA, deferred compensation, PERS retirement
contributions, and Paid Family & Medical Leave employer costs.
Other negotiated economic items resulted in minimal additional cost and are
included within the above projection.
IV. HISTORY AND FACTS BRIEF:
Page 120 of 179
Background:
The current Collective Bargaining Agreement with the International Union of
Operating Engineers (IUOE) Local No. 280 expires December 31, 2025.
Negotiations with this 108-member bargaining unit commenced on October 21,
2025. During bargaining, the parties focused on updating and clarifying several
contract provisions that had previously resulted in inconsistent application or
uncertainty in day-to-day administration. These modifications addressed areas
such as flex time requests, light duty assignments, overtime and compensatory
time, leave coordination, training reimbursement, and health insurance
administration. The negotiations also included the incorporation of Animal
Control and Services employees into the IUOE bargaining unit through a Letter
of Agreement tailored to that work group’s unique operational needs.
Following these negotiations, the parties reached a tentative agreement on
December 22, 2025.
On December 30, 2025, the IUOE Local No. 280 notified the City that the
membership voted to ratify the tentative 2026–2026 Collective Bargaining
Agreement.
Impact (other than fiscal):
T
The updated agreement provides increased operational clarity, consistency,
and risk mitigation across several key employment areas. New and revised
provisions related to flex time, light duty assignments, overtime and
compensatory time, leave coordination, and training reimbursement establish
clearer expectations for both employees and management. These changes
reduce ambiguity, support consistent application across departments, and
lower the risk of misinterpretation or grievance.
The agreement also aligns health insurance contributions, leave administration,
and deferred compensation provisions with City policies and non-represented
employee practices, improving administrative efficiency and supporting
consistent workforce management. Additionally, the agreement strengthens
compliance with state and federal leave laws by expressly incorporating Family
and Medical Leave Act (FMLA) and Washington Paid Family and Medical
Leave departments, among coordination requirements, (PFML) improving
Human Resources, and payroll.
Clarified provisions related to vacation buyouts, compensatory time cash-outs,
certification employee maintenance, and training reimbursement support
retention while preserving managerial discretion based on operational needs.
Finally, the agreement formally incorporates Animal Control and Services
Page 121 of 179
employees into the IUOE bargaining unit through a Letter of Agreement that
recognizes the group’s unique seven-day operational model. The LOA
preserves existing work practices and scheduling structures while extending
collective bargaining representation and contractual protections. This approach
ensures continuity of service delivery, maintains public safety responsiveness,
and labor achieving while operational unintended minimizes impacts
consistency.
V. DISCUSSION:
Recommendation:
the Collective IUOE 2026 of City Council recommends Staff ratification
Bargaining Agreement, including the associated Letter of Agreement for the
inclusion of Animal Control and Services employees into the bargaining unit.
Constraints (time or other consideration):
While this bargaining unit is not subject to interest arbitration, failure to ratify
the tentative agreement would require the parties to return to negotiations,
extending the bargaining process and delaying implementation of agreed-upon
operational and administrative improvements. Continued delay may create
uncertainty agreement, the by impacted departments employees for and
recently is and organized which and Control Animal including Services,
operating under interim conditions pending final Council approval. Prolonged
negotiations may also contribute to employee morale concerns, increase the
risk of retention and turnover challenges, and negatively affect the City’s ability
to recruit and retain qualified employees in impacted classifications, in addition
to increasing the potential for disputes, grievances, or inconsistent application
of employment practices during the transition period.
Next Steps:
City 280 Local IUOE and Manager ratification, Council Upon the
representatives will execute the final Collective Bargaining Agreement
and the related Letter of Agreement for Animal Control and Services.
Human Resources will coordinate implementation of contract provisions,
including administration, time compensatory leave overtime and
processes, training reimbursement provisions, and deferred
compensation contributions.
HR will work with affected departments, including Animal Control and
Services, to ensure operational alignment with the agreement and
applicable LOA provisions.
intranet The finalized agreement will be posted to the City’s and
distributed to department leadership for internal communication and
implementation.
Alternatives:
Page 122 of 179
1. Do not ratify the tentative agreement and direct staff to return to the
bargaining table with IUOE Local 280.
Note: This alternative would prolong negotiations, delay implementation
of agreed-upon provisions, and extend uncertainty for employees and
departments, including Animal Control and Services. There is no
guarantee that further bargaining would result in more favorable terms,
and extended negotiations may increase administrative burden and
labor-relations risk.
2. Defer action to a future meeting to allow for additional Council review or
discussion.
the of implementation postpone ratification Deferring Note: would
agreement, including negotiated pay increases, and delay the formal
integration the of Animal Control and Services employees into
bargaining unit. This may impact operational consistency, employee
expectations, morale, and the City’s ability to support retention and
recruitment efforts during the interim period.
Page 123 of 179
Resolution – 2026 IUOE CBA - 1
RESOLUTION NO. ______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
APPROVES THE 2026 COLLECTIVE BARGAINING AGREEMENT WITH
THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO.
280.
WHEREAS, the City of Pasco Council has, pursuant to RCW 41. 56, approved
collective bargaining agreements with the International Union of Operating Engineers (IUOE),
Local No. 280 since 1970 for its Public Works, Park & Facilities Departments and more recently
Animal Control and Services Local Union No. 280 staff; and
WHEREAS, the prior Collective Bargaining Agreement between the City of Pasco and
IUOE, Local No. 280 was effective from 2022-2025, and has since expired; and
WHEREAS, the City and IUOE, Local No. 280 engaged in good-faith negotiations for a
successor Collective Bargaining Agreement, resulting in a tentative agreement between the
parties; and
WHEREAS, the IUOE, Local No. 280 has notified the City that the membership voted
to ratify the tentative 2026 Collective Bargaining Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
That the Collective Bargaining Agreement between the City of Pasco and the
International Union of Operating Engineers (IUOE), Local No. 280 shall commence on January
1, 2026 and continue through December 31, 2026; , and
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is
hereby authorized, empowered, and directed to execute the 2026 Collective Bargaining
Agreement with the International Union of Operating Engineers (IUOE), Local No. 280, a copy
of which is attached hereto and incorporated herein by this reference as Exhibit A, on behalf of
the City of Pasco, and
Be It Further Resolved, that this resolution shall take effect immediately.
Page 124 of 179
Resolution – 2026 IUOE CBA - 2
PASSED by the City Council of the City of Pasco, Washington, on this ____ day of
________________, 2026.
Charles Grimm
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, MMC Ogden Murphy Wallace, PLLC
City Clerk City Attorney
Page 125 of 179
COLLECTIVE BARGAINING AGREEMENT
CITY OF PASCO
&
INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL 280
01/01/2026 – 12/31/2026
Page 126 of 179
1
Collective Bargaining Agreement
between City of Pasco and IUOE, Local 280
1/1/2026 – 12/31/2026
TABLE OF CONTENTS
WITNESSETH: ................................................................................................................................................. 5
ARTICLE 1 – Recognition ................................................................................................................................ 5
ARTICLE 2 – Term and Scope of Agreement ................................................................................................ 5
Section 2.1 Term/Entire Agreement. ........................................................................................................ 5
Section 2.2 Severability. ........................................................................................................................... 5
Section 2.3 Supersedes Municipal Code/Administrative Policy. .............................................................. 6
Section 2.4 Supervisory Employees. ....................................................................................................... 6
ARTICLE 3 – Union Membership ................................................................................................................... 6
Section 3.1 Union Security. ...................................................................................................................... 6
Section 3.2 Statement of Meaning. ........................................................................................................... 6
Section 3.3 Dues. ..................................................................................................................................... 6
ARTICLE 4 – Union Business .......................................................................................................................... 6
Section 4.1 Negotiating Committee. ......................................................................................................... 7
Section 4.2 Bulletin Board Posting. .......................................................................................................... 7
Section 4.3 Union Business Agent. ........................................................................................................... 7
Section 4.4 Shop Steward. ........................................................................................................................ 7
ARTICLE 5 – Management Rights .................................................................................................................. 7
Section 5.1 Reservation of Rights. ............................................................................................................ 7
Section 5.2 Delineation. ............................................................................................................................ 7
ARTICLE 6 – Non-Discrimination .................................................................................................................. 8
Section 6.1 .................................................................................................................................................. 8
Section 6.2 .................................................................................................................................................. 8
ARTICLE 7 – Employee Responsibility/Discipline ........................................................................................ 8
Section 7.1 Employee Responsibility. ....................................................................................................... 8
Section 7.2 Just Cause. .............................................................................................................................. 9
Section 7.3 Progressive Discipline. ........................................................................................................... 9
Section 7.4 Termination/Discharge. .......................................................................................................... 9
Section 7.5 Appeal to Grievance Procedure. ............................................................................................ 9
Section 7.6 Confidential. ......................................................................................................................... 10
ARTICLE 8 – Grievance Procedure .............................................................................................................. 10
Section 8.1 Purpose. ................................................................................................................................ 10
Section 8.2 Scope. ................................................................................................................................... 10
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1/1/2026 – 12/31/2026
Section 8.3 Retaliation Prohibited........................................................................................................... 10
Section 8.4 Procedure. ............................................................................................................................ 10
Section 8.5 Special Provisions. ................................................................................................................ 12
ARTICLE 9 – Hours of Work ........................................................................................................................ 12
Section 9.1 Breaks/Clean-up. .................................................................................................................. 12
Section 9.2 Work Schedules. ................................................................................................................. 12
Section 9.3 Hours of Work. .................................................................................................................... 13
Section 9.4 Lunch Period. ....................................................................................................................... 13
Section 9.5 Work Week/Pay Period. ....................................................................................................... 13
Section 9.6 Non-Standard Shifts. ............................................................................................................ 13
Section 9.7 Irregular Shifts and Work Weeks. ........................................................................................ 13
Section 9.8 Snow Removal and Control. ................................................................................................ 13
Section 9.9 Flex Time.. ............................................................................................................................ 14
Section 9.10 Light Duty Assignments. .................................................................................................... 14
ARTICLE 10 – Sick Leave .............................................................................................................................. 14
Section 10.1 Scope/Conditions. ............................................................................................................... 14
Section 10.2 Sick Leave Taken. .............................................................................................................. 15
Section 10.3 Illness in Family. ................................................................................................................ 15
Section 10.4 Doctor and Dentist Appointments. ...................................................................................... 15
Section 10.5 Fraudulent Use of Sick Leave ............................................................................................. 16
Section 10.6 Vacation Leave Option. ...................................................................................................... 16
Section 10.7 Termination. ........................................................................................................................ 16
ARTICLE 11 – Vacation ................................................................................................................................. 16
Section 11.1 Accrual. .............................................................................................................................. 16
Section 11.2 Vacation Scheduling. ......................................................................................................... 16
Section 11.3 Maximum Accrual. ............................................................................................................ 17
Section 11.4 Vacation Taken. ................................................................................................................. 17
Section 11.5 Termination from Service. ................................................................................................. 17
Section 11.6 No Mandated Vacation Shutdown. ..................................................................................... 17
Section 11.7 Leave Without Pay. ............................................................................................................. 17
Section 11.8 Vacation Buyout. ................................................................................................................ 17
Section 11.9 Early Return to Work. ......................................................................................................... 18
Section 11.10 Cancellation. ..................................................................................................................... 18
Section 11.11 Unavailability of Vacation. ............................................................................................... 18
ARTICLE 12 – Holidays ................................................................................................................................. 18
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1/1/2026 – 12/31/2026
Section 12.1 Official Holidays. ............................................................................................................... 18
Section 12.2 Personal Holiday ............................................................................................................... 19
Section 12.3 .............................................................................................................................................. 19
Section 12.4 .............................................................................................................................................. 19
Section 12.5 Working the Holiday. ......................................................................................................... 19
ARTICLE 13 – Other Leaves of Absence ...................................................................................................... 19
Section 13.1 Jury Duty. .......................................................................................................................... 19
Section 13.2 Bereavement Leave. .......................................................................................................... 19
Section 13.3 Medical Leave without Pay. ............................................................................................... 20
Section 13.4 Family Medical Leave Act / WA Paid Family and Medical Leave. .................................. 20
Section 13.5 General Leaves of Absence................................................................................................ 20
ARTICLE 14 – Classification and Wages...................................................................................................... 21
Section 14.1 Rates of Pay ....................................................................................................................... 21
Section 14.2 New Employees. ............................................................................................................... 21
Section 14.3 Overtime. ............................................................................................................................. 21
Section 14.4 Paid Meal. ........................................................................................................................... 22
Section 14.5 Cellular Phone. ................................................................................................................... 22
Section 14.6 Headquarters/Travel. ........................................................................................................... 23
Section 14.7 Pay Period/Payday. .................................................................................................................. 23
Section 14.8 Relief from Duty. ............................................................................................................... 23
Section 14.9 Temporary Assignment. ...................................................................................................... 23
ARTICLE 15 – Health Insurance and Life Insurance ................................................................................. 23
Section 15.1 Medical, Dental, and Vision Insurance for Employees and Dependents. .......................... 23
15.1.1 Medical Coverage. ...................................................................................................................... 24
15.1.2 Dental and Vision Coverage. ...................................................................................................... 24
15.1.3 Payroll Deduction. ...................................................................................................................... 24
15.1.4 Health Insurance Re-opener. ....................................................................................................... 24
Section 15.4 Life Insurance. ................................................................................................................... 24
Section 15.6 Health Reimbursement Account (HRA) VEBA. .............................................................. 24
ARTICLE 16 – Occupational Injury/Illness ................................................................................................. 25
Section 16.1 .............................................................................................................................................. 25
Section 16.2 Sick Leave Without Pay ...................................................................................................... 25
ARTICLE 17 – Training ................................................................................................................................. 25
Section 17.1 Maintenance of Certification. ............................................................................................ 25
ARTICLE 18 – Transfers, Force Reduction and Rehire ............................................................................. 26
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1/1/2026 – 12/31/2026
Section 18.1 Layoff/Bumping. ............................................................................................................... 26
Section 18.2 Seniority Retention. ........................................................................................................... 27
Section 18.3 Employee Responsibility. .................................................................................................. 27
Section 18.4 Transfers/Training/Break-in Period. .................................................................................. 27
ARTICLE 19– Safety ....................................................................................................................................... 27
Section 19.1 Responsibilities. ................................................................................................................ 27
Section 19.2 First-Aid Training. ............................................................................................................ 27
Section 19.3 Equipment/Uniforms. ........................................................................................................ 27
ARTICLE 20 – Seniority ................................................................................................................................. 28
Section 20.1 Continuous Service. .......................................................................................................... 28
Section 20.2 No Accrual During Probation. .......................................................................................... 28
Section 20.3 Transfers. ............................................................................................................................ 29
Section 20.4 Posting of Job Openings..................................................................................................... 29
Section 20.5 Promotion/Demotion - Supervisory Position. .................................................................... 29
ARTICLE 21 – Commercial Drivers License (CDL) ................................................................................... 29
Section 21.1 Reimbursement for Costs. ................................................................................................... 29
Section 21.2 Maintenance Responsibility. ............................................................................................. 30
Section 21.3 New Employees. ............................................................................................................... 30
Section 21.4 Motor Vehicle Accidents. ................................................................................................. 30
Section 21.5 CDL Law Changes .............................................................................................................. 30
ARTICLE 22 – Smoking Restrictions ............................................................................................................ 30
ARTICLE 23 – Americans with Disabilities Act ........................................................................................... 30
ARTICLE 24 – Substance-Free Workplace .................................................................................................. 30
ARTICLE 25 – Implementation of Changes Upon Ratification .................................................................. 30
ARTICLE 26 – Deferred Compensation ....................................................................................................... 31
Page 130 of 179
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Collective Bargaining Agreement
between City of Pasco and IUOE, Local 280
1/1/2026 – 12/31/2026
COLLECTIVE BARGAINING AGREEMENT
between
CITY OF PASCO
and
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 280
This Agreement is made and entered into by and between the City of Pasco, Washington, hereinafter
referred to as the “City”, and Local Union #280 of the International Union of Operating Engineers,
hereinafter referred to as the “Union”, which represents the bargaining unit employees within the Public
Works Department’s maintenance and operations divisions and the bargaining unit employees within
the Parks and Facilities Division.
WITNESSETH:
The City and Union recognize harmonious relations should be maintained between them and the public.
All will benefit by continued peace and by adjusting any differences which may arise by rational
common sense methods. The agreements made herein are in keeping with that spirit of cooperation.
ARTICLE 1 – Recognition
The City of Pasco recognizes International Union of Operating Engineers, Local #280 as the exclusive
representative for all the employees coming within the classifications covered by this Collective
Bargaining Agreement.
ARTICLE 2 – Term and Scope of Agreement
Section 2.1 Term/Entire Agreement. This Agreement and the terms stated herein unless otherwise
specified, shall be and hereby do become effective on the date last written below when this agreement is
executed by both parties and shall remain in full force and effect until December 31, 202 6. If a party
gives the other party notice in writing of the desire to enter into a subsequent or modified Agreement,
such notice will be given at least ninety (90) days prior to the expiration of this Agreement but no sooner
than one-hundred eighty (180) days.
The Agreement expressed herein in writing constitutes the entire agreement between the parties and no
oral statements shall add to or supersede any of its provisions.
The parties acknowledge that each has had the unlimited right and opportunity to make demands and
proposals with respect to any matters deemed a proper subject for collective bargaining.
The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise
provided in this Agreement, each party voluntarily and unqualifiedly agrees to waive the right to oblige
the other party to bargain with respect to any subject or matter which is not specifically referred to or
covered in this Agreement.
Section 2.2 Severability. If any provisions of this agreement or the application of such provisions
should be rendered or declared invalid by court action or by reason of any existing or subsequently
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1/1/2026 – 12/31/2026
enacted legislation, the remaining parts and portions of this Agreement shall remain in full force and
effect. Any provisions declared invalid will be subject to immediate re-negotiation by the parties.
Section 2.3 Supersedes Municipal Code/Administrative Policy. It is understood and agreed that,
in accordance with the Pasco Municipal Code (PMC 2.42.540) where there is a conflict between any
provisions of this Agreement and any provision of the code, the provisions of this Agreement shall
govern. The rights and privileges granted in the Pasco Municipal Code do not apply to the represented
employees under this Agreement, unless explicitly provided for therein.
Section 2.4 Supervisory Employees. Management pledges that supervisory employees, not part of
the bargaining unit, in the normal course of their assignment will not work with tools, except in the event
of a bona fide emergency where such “hands-on” help will prevent loss or damage to persons or property.
ARTICLE 3 – Union Membership
Section 3.1 Union Security. All full-time regular employees of the City defined in Article 1,
coming within the classifications covered by this Collective Bargaining Agreement, may elect to become
members of the International Union of Operating Engineers Local 280. Each new employ ee that elects
to become a member of the union will pay a representation fee equivalent to monthly union dues to the
Union following thirty (30) days of the employee’s application of membership or hire date.
Section 3.2 Statement of Meaning. The foregoing provisions shall not be construed to deny the
City the right to select any new employees, or to terminate probationary employees at any time without
recourse to the Discipline (Article 7) or Grievance Procedure (Article 8). The terms of this agreement
shall apply to part-time employees who work twenty (20) hours a week or more and for more than six
(6) consecutive months and shall apply to temporary-seasonal employees who work more than thirty
(30) days in continuous employment. All other employees shall be exempt from these provisions. (For
temporary-seasonal workers refer to Note 6 on Employee Wage Schedule.)
Section 3.3 Dues. The City will deduct membership dues and pay to Local #280 or to its designee
from the wages of employees who elect to become Union members. Deductions will be authorized in
writing by the employee. The City agrees to submit a monthly accounting of suc h deductions including
employee names and identifying each employee’s deducted amount. Employees who authorize
deduction of dues may cancel this authorization by contacting the Union. The Union agrees to hold the
City harmless against any claims brought or issued against the City because of the operation of Article
3, as long as such claims do not arise out of errors or negligence on the part of the City.
The City shall submit written notification to the Union’s Business Representative within twenty (20)
days of the employment, promotion out of bargaining unit or termination of any employee covered by
this Agreement.
ARTICLE 4 – Union Business
Except as specifically provided, no Union business shall be conducted on City time, nor utilize City
facilities, supplies or equipment.
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Collective Bargaining Agreement
between City of Pasco and IUOE, Local 280
1/1/2026 – 12/31/2026
Section 4.1 Negotiating Committee. No more than three (3) employees, shall be granted leave
from duty without loss of pay for all meetings between the City and the Union held for the purpose of
negotiating the terms of a contract, when such meetings take place at a time during which any su ch
members are scheduled to be on duty. The Union agrees to cooperate with the City in the scheduling of
such meetings at times with the least interference with such members scheduled work.
The negotiating committee members in order to prepare for negotiations with the City or the bargaining
representative with employees on union business, may meet after the employees’ work hours and on
their own time at the Parks Department or Public Works maintenance facilities.
Section 4.2 Bulletin Board Posting. The City shall furnish bulletin board space at each City
maintenance facility or building where bargaining unit employees perform work; for the use of the Union
for posting Union announcements and related material.
Section 4.3 Union Business Agent. The business agent of the Union shall be allowed admission to
the employer’s place of business at any reasonable time during working hours for the purpose of
contacting the Union Steward or investigating conditions existing on the job, provided the agent first
notifies the Human Resources Manager and or relevant department director, subject to the provisions of
Section 4.4.
Section 4.4 Shop Steward. The Union shall have the right to set up regular shop steward meetings,
but there shall be no more than one shop steward per work group. The City shall be notified in writing
of the person so certified. Except for actual meetings with management to discuss adjustment of
grievances, or where special permission has been obtained from a Department Director (or his/her
designee), Union business will be conducted on breaks, lunch periods and employee time.
ARTICLE 5 – Management Rights
Section 5.1 Reservation of Rights. The City retains and reserves all rights, powers, responsibilities
and authority conferred upon and vested in it by the Law and Constitution of the State of Washington
and the United States.
Section 5.2 Delineation. The Union recognizes that the City is legally responsible for the operation
of the Public Works Department’s Maintenance and Operations divisions, and the Parks and Facilities
Division of the Administrative and Community Services Department. The City has the necessary
authority to discharge all of its functions and responsibilities to include the following, subject to the laws
above-mentioned and except as specifically abridged, modified or limited by the provisions of this
Agreement:
5.2.1 Establish, plan for, and direct the work force toward the organizational goals of City
government.
5.2.2 Determine the organization, necessity and level of activity or service provided to the
public.
5.2.3 Determine the City budget and financial policies including accounting procedures.
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1/1/2026 – 12/31/2026
5.2.4 Establish, regulate and administer a personnel system, which provides for all types of
personnel transactions including determining the procedures and standards for hiring, promotion,
transfer, assignment, layoff, discipline, retention and classification of positions with due regard to
fairness, objectivity, and uniform application.
5.2.5 To suspend, demote, discharge or take other appropriate disciplinary action for just
cause.
5.2.6 Determine the methods, means, equipment, numbers and kinds of personnel and the job
or position content required to accomplish governmental operations and maintain the efficiency and
safety thereof. Provided, however, in the event the City contemplates the subcontracting of work
normally performed by the bargaining unit, the City’s obligations shall be to give the Union written
notice at least thirty (30) days prior to the decision to contract and to bargain with the Un ion over the
effects and impacts on the bargaining unit of the decision to contract out.
5.2.7 Determine and change the number and locations and types of operations; processes and
materials to be used in carrying out all City functions.
5.2.8 Assign work to employees in accordance with classifications and position descriptions,
and establish and change work schedules, except as restricted by this Agreement.
5.2.9 Relieve any employees from duty due to lack of work or insufficient funds.
5.2.10 Take all actions necessary to carry out the mission of the City in emergencies. An
emergency means any unanticipated event threatening the public health or safety.
ARTICLE 6 – Non-Discrimination
Section 6.1 There shall be no discrimination against any employees because of union membership,
or non-union membership. In accordance with applicable law, the Employer, the Union, or members of
the Union shall not discriminate against any employee covered or not covered by this Agreement because
of race, creed, color, national origin, sex, age, religion, marital status or disability, except in the instance
where age, sex, sexual orientation, or absence of a disability may constitute a bona fide occupational
qualification under applicable law.
The Union agrees to work with the employer in instances of discriminatory or harassing behavior on the
part of represented employees.
Section 6.2 Whenever a male noun/pronoun is used in the Agreement it shall be construed to
include male and female employees.
ARTICLE 7 – Employee Responsibility/Discipline
Section 7.1 Employee Responsibility. The Union agrees that its members who are employees of the
City shall individually and collectively perform efficient work and service; that they shall avoid and
discourage waste of materials, time and manpower; that they shall use their influence and bes t efforts to
protect the property of the City and its interests and to prevent loss of tools and materials; and that they
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Collective Bargaining Agreement
between City of Pasco and IUOE, Local 280
1/1/2026 – 12/31/2026
shall cooperate with the City in promoting and advancing the welfare of the City and its service at all
times. The Union and its members give their unequivocal pledge that they will neither instigate, support,
nor condone a strike, work stoppage or slowdown against the City during the term of this Agreement.
Provided, however, except for emergencies, employees shall not be required to cross a legally sanctioned
(an AFL-CIO sanctioned) picket line against another employer, but in such cases the City may perf orm
the work by contract or by supervisors.
Section 7.2 Just Cause. The City shall not take disciplinary action against any employee without
just cause. The City retains the right to discharge new employees at will during or at the end of the
probationary period and the discharge shall not be made the subject of a grievance either by the employee
or the Union.
Section 7.3 Progressive Discipline. Discipline of non-probationary employees in circumstances
not warranting termination will normally follow a progressive disciplinary pattern with the objective of
correcting the problem. When deciding the degree of discipline, the City will take into cons ideration the
circumstances surrounding the incident(s), the severity of the offense, and the past work record and past
conduct of the employee. The City reserves the right to initiate discipline at any level depending upon
the severity of the occurrence. When meeting with a management supervisor or at any hearing where
discipline is being considered, the employee shall be entitled to be accompanied by a Union
representative.
Section 7.4 Termination/Discharge. In the event a discharge is under consideration:
7.4.1 An employee shall be provided, in writing, with a notice of the charges and an
explanation of the evidence supporting the employee’s misconduct and the severity of the possible
discipline. The employee shall be given an opportunity to respond to the charges, before the City
Manager, as to why the proposed discharge should not be taken.
7.4.2 The employee may have a Union representative at the pre-discharge hearing, if
requested.
7.4.3 The City’s explanation of evidence at the pre-discharge hearing should be sufficient to
apprise the employee of the basis for the proposed discharge action. This rule, however, should not be
construed to limit the employer, employee or the Union at a subsequent hearing from presenting a more
detailed and complete case, including the presentation of witnesses and documents not available at the
pre-discharge hearing.
7.4.4 Unless otherwise agreed by the employee, a decision shall be made by the City Manager
within fourteen (14) calendar days after the close of the pre-discharge hearing.
Section 7.5 Appeal to Grievance Procedure. All disciplinary action of non-probationary
employees is subject to the grievance procedure. A suspension, demotion or discharge is subject to the
grievance procedure starting at Step 3, the City Manager level. Any other grievable item placed in the
employee’s personnel file is subject to the grievance procedure beginning at one step higher than the
original level of disciplinary action.
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1/1/2026 – 12/31/2026
Section 7.6 Confidential. Individual employee records and files are confidential and must be kept
in a secured area at City Hall. Employees will have access to their personnel files on employee time for
their review. Employees may request and receive a copy of any document in their personnel file. A Union
representative may have access to an employee’s personnel file and copy any document therein,
provided, he/she is authorized in writing by the employee.
An employee may request of the Human Resources Manager to withdraw disciplinary documents from
his/her personnel file at any time subject to approval of the City Manager or his designee.
ARTICLE 8 – Grievance Procedure
Section 8.1 Purpose. One of the purposes of this Agreement is to provide for the resolution of good
faith employee complaints or grievances promptly and fairly. Unless or until an action or conduct of the
City made the basis of a grievance is corrected, modified, suspended or revoked, no employee shall act
in disobedience to or in disregard of such action or conduct.
Section 8.2 Scope. Any complaint or dispute arising between the parties to this Agreement
involving the interpretation, application or claimed breach of this Agreement may be considered a
grievance and shall be subject to this grievance process.
Section 8.3 Retaliation Prohibited. Initiation of any step of the grievance process shall not subject
the employee to discrimination, coercion, restraint or reprisal as a result of the good faith initiation of
such action.
Section 8.4 Procedure.
8.4.1 Step One. Grievance to Division Manager. As soon as possible, but in no case later
than fourteen (14) calendar days following an alleged wrongful act, an employee and/or his/her agent
shall state his/her grievance in writing on a standardized grievance form to the relevant Division Manager
to attempt settlement of the dispute. Following such filing, the Division Manager shall, within fourteen
(14) calendar days of receipt of the written grievance, provide the employee with a written answer to the
grievance, which shall be in writing.
8.4.2 Step Two. Written Grievance to Department Deputy Director. If the employee is
dissatisfied with the decision of the Division Manager, the matter may be submitted to his/her
Department Deputy Director within fourteen (14) calendar days of the date of the Division Manager’s
decision. Such grievance shall be in writing and:
8.4.2.1 Concern matters or incidents that have occurred or are scheduled to occur.
8.4.2.2 Detail the facts upon which the grievance is based.
8.4.2.3 Refer to the section(s) of the agreement alleged to have been violated.
8.4.2.4 Specify the relief sought.
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1/1/2026 – 12/31/2026
8.4.2.5 Include the Division Manager’s written response, if any is made. The Department
Deputy Director shall make an investigation of the relevant facts and circumstances and notify the
employee of his decision in writing within fourteen (14) calendar days after receiving the grievance. Said
investigation may include a meeting with the grievant and/or his/her agent and the supervisor.
8.4.3 Step Three. Grievance Appeal. If the employee is dissatisfied with the decision of the
Deputy Department Director, he/she may, within fourteen (14) calendar days of the date of the Deputy
Department Director’s decision, forward a request for review to the City Manager. Said appeal shal l
delineate the areas of agreement and disagreement with the response given at Step Two and the reasons
therefore.
Upon receipt of the appeal, the City Manager shall, within fourteen (14) calendar days make an
investigation of the relevant facts and circumstances and notify the employee of his decision. Said
investigation shall include a meeting with the grievant and/or his/her agent and the Department Deputy
Director.
If the employee is not satisfied with the decision of the City Manager, he/she may forward a request to
the union representative to, within fourteen (14) calendar days of the date of the City Manager’s decision,
forward a request for review by an independent Fact Finder to the City Manager. Said request shall
delineate the areas of agreement and disagreement with the decision of the City Manager and the reasons
therefore. The Union and the City shall attempt to agree upon a person who would act in such a capacity.
If the parties fail to agree upon and/or obtain a Fact Finder within seven (7) working days of service of
the request, then either party may request the Federal Mediation and Conciliation Service (FMCS) to
supply the names of five (5) disinterested individuals who are qualified and willing to perform as an
impartial Fact Finder in the dispute. Upon receipt of said names, the parties shall meet within fourteen
(14) calendar days to make a selection. Selection shall be achieved by alternate striking o f names with
the party striking first being determined by a coin toss.
The Fact Finder shall convene a hearing in the City of Pasco within thirty (30) days of selection by the
parties. At said hearing the parties may present evidence and sworn testimony as well as cross-examine
one another’s witnesses. Each of the parties agrees to produce any records or materials which the Fact
Finder may require relative to the dispute.
Upon closure of the hearing, the Fact Finder shall promptly issue written findings and recommended
action(s). In formulating his/her position, the Fact Finder shall designate the losing party. The opinion
shall not attempt to destroy, change, delete from, add to or alter the terms of this Agreement.
Within fourteen (14) calendar days of the City Manager’s receipt of the Fact Finder’s written opinion,
the City Manager shall either affirm, disaffirm, or amend said opinion and provide the reasons therefore.
The result of the City Manager’s review shall be final and binding on the parties and there shall be no
further appeal.
Each party shall bear the cost of the preparation of its own case. The cost of the Fact Finder shall be
borne by the parties in equal amounts, including related fees, expenses and room rental. In the event the
City Manager does not follow the recommendation of the Fact Finder’s written opinion, the City shall
bear the full cost of the related fees, expenses, etc. of the Fact Finder.
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1/1/2026 – 12/31/2026
Section 8.5 Special Provisions.
8.5.1 The term “employee” as used in this Article shall mean an individual Union member, a
group of Union members, and/or their Union agent.
8.5.2 An aggrieved party shall be granted time off without loss of pay for the purpose of any
hearings held on a grievance.
8.5.3 A grievance may be advanced to any step in the grievance procedure if the parties so
jointly agree in writing.
8.5.4 The time limits within which action must be taken or a decision made as specified in
this procedure may be extended by mutual written consent of the parties involved. A statement of the
duration of such extension of time must be signed by both parties.
8.5.5 Any grievance shall be considered settled at the completion of any step if the employee
is satisfied or if the matter is not presented to a higher authority within the prescribed period of time.
ARTICLE 9 – Hours of Work
Section 9.1 Breaks/Clean-up. Lunch breaks will normally be taken at the appropriate shop.
However, in cases where the work site is closer to another City facility that contains restroom facilities
and normal eating facilities the employee(s) may take their lunch break at that facilit y. Employees may
also take their lunch break at a commercial restaurant, provided the break site shall be a reasonable travel
time from the work site. The City will allow some additional lunchtime in deference to the travel ti me
required if approved in advance by the City. Employees, on the other hand, understand it may be
appropriate for their Lead or other supervisor to speak to them during the lunch period about a work
assignment or that it may be necessary that they answer a telephone call if the phone is temporarily
unmanned by the secretary or other supervisory employee. A fifteen (15) minute rest break,
approximately at the mid-point of the first half of each shift and at the mid-point of the second half of
each shift shall be scheduled for fifteen (15) minutes, including travel time. Each employee shall be
permitted up to ten (10) minutes personal clean up time at the end of the shift. It is expected an employee
not needing the full ten minutes to utilize for clean-up will be engaged in productive work activity,
including the completion of work related paperwork during that time period.
The fifteen (15) minute rest break at approximately the mid-point of the second half of each shift
provided for in section 9.1 will continue to be tacked on to the thirty (30) minute lunch break by
maintenance crews, as is the past-practice under the current contract language of Sections 9.1 and 9.4.
Section 9.2 Work Schedules. The Union recognizes the right of the City to establish and/or modify
work schedules and the City recognizes the need to confer with the Union to take employee interest into
account. Except for emergency situations or as provided in Section 9.7, at least forty-eight (48) hours
notice will be given to the Union before an overall long -term or seasonal change in work schedule is
implemented.
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Collective Bargaining Agreement
between City of Pasco and IUOE, Local 280
1/1/2026 – 12/31/2026
Section 9.3 Hours of Work. The normal hours of work for a scheduled shift shall not exceed eight
(8) hours in any one day, nor ten (10) hours a day for employees normally scheduled to work four (4)
days in a designated seven (7) day work period. The work day shall be continuous, in terrupted only by
designated rest and meal breaks and the standard shift will normally be completed between 7:00 a.m.
and 5:00 p.m. Nothing herein shall be construed as a guarantee of a forty (40) hour work week.
To promote efficiency and productivity, deviation from the normal work day may be required, provided
an employee reporting and scheduled for work is given no less than four (4) hours and no more than ten
(10) hours of work or no more than twelve (12) hours of work when scheduled to work four (4) days in
a designated seven (7) day work period. Provided, however, in emergency situations involving the
immediate threat of harm to persons or property, employees may be required to work beyond the ten
(10) and twelve (12) hour maximum limits. When practical, scheduling changes resulting in less than
the normal hours of work on a particular day should precede or follow a scheduled day or days off so as
to extend off-duty time. The discretion given to the employer by this sub-section shall not be used by the
employer as a punitive measure against any employee or exercised so frequently as to make the normal
work week schedule and work week provisions of this contract meaningless.
Section 9.4 Lunch Period. The standard day shift shall include a non-compensable lunch period of
not less than thirty (30) minutes or more than one (1) hour. Traveling to and from the work site, City
facilities or other work headquarters for lunch period shall be on the employee’s own time.
Employees in the Wastewater Collections section and in the Wastewater Plant section and those
employees when handling pesticides shall have up to ten (10) minutes personal cleanup time prior to the
lunch period, if necessary. In addition, employees required by the City to remain on duty, at a prescribed
work site, in the interest of the City during their lunch period, shall be considered working and
compensated accordingly.
Section 9.5 Work Week/Pay Period. Subject to the exceptions cited below, the standard work
week for full-time employment shall be forty (40) hours long within a seven (7) day work period, and
eighty (80) hours of work shall constitute the standard pay period. The standard work week shall not
exceed five (5) continuous days.
Section 9.6 Non-Standard Shifts. Non-standard shifts for Water Treatment Plant Operators are
bracketed in continuous eight (8) hour segments of working time within the period running from 4:00
p.m. of one day to 8:00 a.m. of the next day. The first of these shifts shall be titled the “sw ing shift” and
the second of these shifts, following the end of the first one, shall be titled the “graveyard shift”.
Employees assigned to any such non-standard shift work schedule shall receive shift differential pay
pursuant to Section 14.3.3.
Section 9.7 Irregular Shifts and Work Weeks. Irregular shifts and irregular work weeks, not
coincidental with the standard descriptions provided herein, may be designated by management to
accommodate the peculiar characteristics of street sweeping, park maintenance, wastewater plant, reuse
facility and water treatment plant operation. Established irregular shift schedules will not normally be
changed without mutual agreement between the City and the Union.
Section 9.8 Snow Removal and Control. When snow removal and control are required to provide
safe driving conditions on City streets or to keep streets open to traffic, management may adjust shifts
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or require greater than normal working hours as reasonably necessary, but for only so long as conditions
require.
Section 9.9 Flex Time. The City recognizes that, on occasion, an employee’s regular work schedule may be
temporarily adjusted to accommodate operational needs or limited, non-routine personal matters, while ensuring
the employee maintains their total scheduled hours within the s ame workweek. Flex time is defined as pre-
approved, temporary adjustment to an employee’s regular work schedule within the same designated workweek.
It is not intended to be used for routine personal appointments or ongoing schedu ling preferences.
Request for flex time must:
• Be submitted in writing using the department approved form or scheduling software.
• Be submitted to the department manager or designee as early as possible, but no later than
the day prior to the requested schedule change.
• Clearly identify the date(s) and the proposed adjusted schedule to make up the missed
hours.
Approval of flex time is at the sole discretion of the Manager or designee and is not guaranteed.
Approval decisions will be based on operational needs, the nature of the employee’s job duties, and the
ability to maintain adequate service coverage and customer service standards. Flex time may be denied.
Flex time may also be rescinded at any time with seventy-two (72) hours’ notice for operational or
performance-related reasons. Flex time adjustments must occur within the same workweek and shall not
result in overtime, compensatory time or reduced hours unless separately authorized.
Section 9.10 Light Duty Assignments. Employees returning from an approved leave of absence due
to illness, injury, or an industrial injury (L&I) who are temporarily unable to perform the full duties of
their regular position may be offered a light duty assignment, consistent with certified m edical
restrictions. If suitable light duty work is unavailable in the employee’s home department, the City may
temporarily assign the employee to another department or division where appropriate work exists.
Light duty assignments will maintain the employee’s regular classification and rate of pay and are
intended to be temporary. The hours of work may differ from the employee’s regular schedule but will
be consistent with this Article and aligned with operational and medical requirements. Assignments are
subject to periodic review and shall conclude upon medical release or when operationally infeasible.
ARTICLE 10 – Sick Leave
Section 10.1 Scope/Conditions. Employees shall earn and may be granted time off with pay
covering periods of illness or involuntary physical incapacity, except time off caused by accident in
connection with other gainful employment. Full-time employees shall accrue sick leave at a fixed rate
of 3.7 hours per pay period.. Sick leave will carry over annually and may be accumulated without limit.
For administrative purposes, the City tracks sick leave up to a maximum of nine hundred a nd sixty (960)
hours. Sick leave may also be used for any other reason permitted under applicable Washington State or
federal law, including but not limited to reasons related to the employees’ or their family member’s
health, safety, or legal needs.
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In order to be granted sick leave with pay, an employee must meet the following conditions in accordance
with departmental regulations:
10.1.1 Notification of Absence. Employees must report to their respective
Department Manager, immediate supervisor, or designated representative, prior to the beginning of the
scheduled workday, stating the reason their symptoms or condition prevent them from reporting to work.
Employees approved for an intermittent leave of absence must provide notice as soon as practicable and
follow normal departmental call-in procedures unless circumstances prevent it. Employees are also
responsible for informing Human Resources of leave usage dates to ensure proper coordination with
payroll and benefit tracking.
10.1.2 An employee on sick leave shall keep his/her supervisor informed of his/her condition
daily, except in known cases of extended illness.
10.1.3 An employee that is absent from work for five (5) or more days may be required to
provide a fitness for duty statement from a licensed health care provider verifying his/her fitness to return
to work. If such examination is required, the employer shall pay the full cost.
An employee that is absent from work at the direction of a licensed health care provider shall, upon
his/her return to work, provide to the employer a release to return to work from the provider. The
employer shall provide a form for the health care provider to complete for this purpose.
10.1.4 An employee must permit the City to make a medical examination or nursing visit if
the City deems it so desirable. The expense of such professional medical examination or professional
nursing visit shall be paid by the City. Provided, however, this section is superseded by Article 16, in
the case of time off caused by an on-the-job illness or injury covered by State Industrial Workers
Compensation.
Section 10.2 Sick Leave Taken. Sick leave taken will count as hours worked, within the seven (7)
day work week, for the purpose of overtime at the rate of one and one-half (1½) the regular rate of pay.
Section 10.3 Illness in Family. Notwithstanding any other Article, employee shall be allowed to
use accumulated sick leave for periods of illness or involuntary physical incapacity of themselves or a
family member as defined by the Family Medical Leave Act (FMLA), the Washington Family C are
Expansion Act, , the Washington Paid Family Medical Leave (PFML) program, or any other applicable
laws in effect during the term of this Agreement. For absences qualifying under FMLA or PFML,
employees will be required to show satisfactory documentation of the illness or injury affecting
themselves or the family member needing care. (See Section 13.4 for additional FMLA and PFML
language.)
Section 10.4 Doctor and Dentist Appointments. Bona fide doctor and dentist appointments of the
employee and as covered by state/federal law are an authorized use of sick leave, but the employee is
required to give his/her supervisor at least five (5) days advance notice of any such appointment. In th e
event of a medical emergency or acute illness, said notice requirement is waived. The City recognizes
that sudden changes in appointment times may occur due to the availability of health care providers. The
name of the treating doctor or dentist, the location where the treatment or examination shall take place,
the date and the time that the appointment is scheduled are items of information that the employees are
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required to provide to their supervisor in support of a sick leave request for a doctor or dentist
appointment, when such information is requested by the supervisor. Employees shall endeavor to
schedule appointments outside of regular work hours.
Section 10.5 Fraudulent Use of Sick Leave. Any use of sick leave outside of the terms of this
Agreement through fraudulent means not involving a bona fide physical incapacity, shall be considered
a serious offense and shall constitute a just cause action for formal disciplinary measures, including
termination.
Section 10.6 Vacation Leave Option. At the option of the employee, sickness in excess of the
maximum number of days accrued may be charged to unused vacation leave.
Section 10.7 Termination. Any employee terminating service due to their retirement, or resignation
upon giving two (2) weeks advance notice thereof, or leaving City service due to death or layoff, shall
receive payment for twenty-five percent (25%) of his/her accumulated and unused sick leave. Maximum
conversion to pay shall be for an aggregate of one hundred eighty (180) hours (22.5 days) at the then
prevailing hourly rate. Payment may be made in a lump sum or spread over a period not to exceed three
(3) months, at the option of the City. This benefit shall not be available to any employee discharged for
cause.
ARTICLE 11 – Vacation
Section 11.1 Accrual. (Subject to 11.3 maximums). Employees shall earn vacation per each month
of continuous service in accordance with the following schedule:
Years of Service Amount Bi-Weekly Amount Annually
1-5 3.7 hrs. 96 hrs. (12 days)
6-10 4.62 hrs. 120 hrs. (15 days)
11-14 5.54 hrs. 144 hrs. (18 days)
15 or more 6.28 hrs. 164 hrs. (20.4 days)
Section 11.2 Vacation Scheduling. A vacation schedule shall be developed by the Department
Deputy Director at the beginning of the calendar year which indicates to the extent reasonably possible,
when each of the employees in a particular work unit desires to be away on vacation. Such schedules
shall be in harmony with the letter and spirit of this Agreement.
11.2.1 In January, the employer will schedule vacations for the calendar year and the following
January. Requests shall be submitted by employees during the first two (2) weeks of the month. The
employer shall prepare the schedule during the latter two (2) weeks of January. In the event of a conflict
between requests, the employee with the longest service record shall be allowed vacation at that time.
Vacation requests submitted to the employer after January of any calendar year shall be considered by
the employer on a first-come-first-serve basis. Vacation requests submitted to the City will be approved
or not approved within a reasonable period of time.
11.2.2 Vacation requests submitted to the employer after the first two (2) weeks of January of
any calendar year shall be considered by the employer on a first-come-first-serve basis. Vacation
requests submitted to the City will be approved or not approved withi n a reasonable period of time.
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11.2.3 All vacations shall be scheduled by the City at times when they will constitute minimum
conflicts with work schedules. Vacations shall normally be taken in periods of at least one (1) week’s
duration; however, vacation requests for periods of one (1) hour or more may be made. Approval of
employee requests shall not be unreasonably withheld. When two (2) or more employees performing the
same function request a vacation during the same calendar week and the City will allow only one (1)
employee off during that period, the employee requesting the vacation first shall be allowed the vacation
at that time, but the City will strive to accommodate additional employee vacation requests.
Consideration will be given to allowing full-time employees summer vacations when practical.
Section 11.3 Maximum Accrual. No vacations may be taken prior to the first six (6) months of
continuous employment. No accumulation of accrued vacation credit in excess of what the employee
earns in a two (2) year period will be permitted. However, when an employee is within six (6) pay
periods of reaching maximum accrual, the employer can require the employee to submit within one (1)
week a plan to timely take vacation to avoid reaching maximum accrual. If the employee fails promptly
to submit the requested plan, the Department Deputy Director or his designee will not be required to
grant untimely vacation requests from the employee in order to avoid -losing additional vacation accrual
until vacation is scheduled and taken under the provisions of this article, permitting further accrual.
Section 11.4 Vacation Taken. Vacation taken will count as hours worked, within the seven (7) day
work week, for the purpose of overtime at the rate of one and one-half (1½) the regular rate of pay.
Section 11.5 Termination from Service. An employee who retires from City service shall receive
payment for up to three hundred twenty-eight (328) hours (41 days) of accrued vacation. Any excess
vacation must be taken prior to the last day of employment. An employee who separates from City
service for other than retirement shall be entitled to pay for all accumulated vacation unless termination
is made during the initial probationary period or less than two (2) weeks’ notice has been made to the
appropriate Department Director.
Section 11.6 No Mandated Vacation Shutdown. Employees in the respective departments shall not
be required to take their vacations at the same time.
Section 11.7 Leave Without Pay. If an employee requests additional vacation over what he/she has
accrued, such requests may be granted by the Department Director, without pay.
Section 11.8 Vacation Buyout. With written approval of the Department Manager and Department
Director, an employee may buy out a portion of accrued vacation at the end of each calendar year. Said
buy-out shall be paid at the employee’s base straight-time hourly rate and shall be subject to the
following:
1. The employee must have at least one hundred forty-four (144) hours of accrued vacation
remaining in employee’s vacation leave bank after said buy-out;
2. The employee must have used at least forty (40) consecutive hours of scheduled vacation in
the twelve (12) months preceding the effective date of the buy-out. No other form of paid or
unpaid leave (holiday, compensatory time, etc.) shall qualify toward this forty (40)
consecutive-hour requirement;
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3. The minimum cash buy-out is twenty (20) hours and the maximum is eighty (80) hours,
limited to one (1) time per calendar year;
4. Employees may buy out an additional twenty (20) to eighty (80) hours of accrued vacation
for purposes of funding the City’s 457 Deferred Compensation plan, limited to one (1) time
per calendar year;
5. Approval of the buy-out is discretionary on the part of the employee’s Department Director,
who may approve all, a portion, or none of the request depending upon available funds and
anticipated workload as determined by the City;
6. Approved requests for buy-outs must be submitted through the regular year-end payroll
process as an entry on the employee’s timecard; and
7. Employees are responsible for understanding the tax implications of such a buy -out.
Section 11.9 Early Return to Work. Employees required to return to work from vacation by
direction of management shall be compensated on a one-for-one basis up to a maximum of three (3)
work days at the rate of one and one-half (1½) times the regular straight time rate of pay for the hours
actually worked. Vacation leave not taken will be scheduled for a later date by mutual agreement of the
employee and his/her Department Director.
Section 11.10 Cancellation. When an employee is scheduled vacation leave at least three (3) months
prior to the time taken and the City cancels the vacation with less than thirty (30) days notice, then the
employee shall be paid in accordance with Section 11.9 above.
Section 11.11 Unavailability of Vacation. In the event the City denies an employee the opportunity
to take vacation, even though the employee submitted the vacation plan required by Section 11.2.1 and
11.3, and the employee has reached the maximum accrual of vacation time, then the City will pay the
employee for days accrued but not taken in excess of the maximum accruals allowed until the employer
permits vacation to be taken.
ARTICLE 12 – Holidays
Section 12.1 Official Holidays. The following are official holidays for all represented City
employees.
12.1.1 January 1 New Year’s Day
12.1.2 Third Monday in January Martin Luther King’s Birthday
12.1.3 Third Monday in February Presidents’ Day
12.1.4 Fourth Monday in May Memorial Day
12.1.5 July 4 Independence Day
12.1.6 First Monday in September Labor Day
12.1.7 November 11 Veterans’ Day
12.1.8 Fourth Thursday in November Thanksgiving Day
12.1.9 The day following Thanksgiving
12.1.10 December 25 Christmas Day
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Section 12.2 Personal Holiday
12.2.1 Regular, full time employees shall be eligible for two (2) personal holidays per calendar
year. They shall be eligible for the first personal holiday after six (6) months of continuous employment.
12.2.2 Regular, part time employees shall be eligible for one (1) personal holiday (pro -rated)
per calendar year. They shall be eligible for the first personal holiday after six (6) months of continuous
employment and have passed probation.
12.2.3 Seasonal employees who have been continuously employed by the City of Pasco for six
(6) months or more each calendar year shall be entitled to one (1) personal holiday at their regular rate
of pay.
12.2.4 The employee shall give fourteen (14) days’ notice of the requested personal day off.
Approval shall be subject to staffing or emergency requirements of the division/department.
Section 12.3 When any of these holidays falls on the first scheduled day of rest, it shall be observed
by the employee as a holiday on his/her last preceding regularly scheduled work day. When any of these
holidays fall on the second scheduled day of rest, it shall be observed by the employee on his/her next
succeeding regularly scheduled work day.
Section 12.4 Authorized holidays falling during an employee’s vacation period shall not be counted
as vacation leave taken.
Section 12.5 Working the Holiday. An employee who works on a holiday will be paid a premium
of one and one-half (1½) times the regular rate of pay (holiday premium) for all hours worked. Holiday
hours will count as hours worked for the purpose of overtime. In addition to the holiday premi um, the
employee shall be paid for eight (8) hours for the holiday (paid holiday). Holiday means one of the
designated holidays in Article 12.1. Note: holiday premium pay is not overtime and therefore cannot
be subject to the compensatory time benefit.
Floating personal holiday at employee’s choice. Only available if employee has been continuously
employed by the City for more than six (6) months. This personal holiday will not carry over to the
following calendar year.
ARTICLE 13 – Other Leaves of Absence
Section 13.1 Jury Duty. The City shall grant a leave of absence with pay to an employee to (a) serve
on a jury in a federal, state or local court, or (b) serve as a witness in a criminal or civil case in the line
of duty. Pay during such leave shall be at the employee’s regular rate less compensation received
(exclusive of mileage) for jury or witness duty performed.
Section 13.2 Bereavement Leave. Administrative Order No. 226 as written, or as subsequently
amended or revised will apply to employees represented by this agreement.
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Section 13.3 Medical Leave without Pay. Upon application of a regular employee, a leave of
absence without pay may be granted for up to one (1) year by the City Manager for a disability because
of sickness or injury.
Section 13.4 Family Medical Leave Act / WA Paid Family and Medical Leave.
13.4.1 The City’s Family Medical Leave (FMLA) and Paid Family Medical Leave (PFML),
as set forth in the City’s Policy is incorporated by reference as it full set forth herein.
13.4.2 Employees are reminded of the requirement to provide a thirty (30) days advance
notice, when feasible, and to complete the City’s designated Leave Request Form when intending to use
leave under the Family Medical Leave Act (FMLA) or Washington Paid Family & Medical Leave
(PFML), consistent with applicable law and City procedures.
13.4.3 FMLA and PFML leave may be coordinated with other leave benefits, as allowed by
law and applicable City policy. In the event of a conflict between this Agreement and City policy, the
language of this agreement shall prevail, except as required by federal and state law.
Section 13.5 General Leaves of Absence.
13.5.1 Unpaid Leave. The City Manager may authorize a personal unpaid leave of absence,
up to a maximum duration of one (1) year. This leave of absence may not be used for purposes of other
employment (except for US military service).
13.5.2 Military Leave. An unpaid leave of absence, under the rules of USERRA, will be
granted for service in the US Armed Forces (including the US Coast Guard and National Guard). The
employee on military leave of absence will follow all return requirements as noted in USERRA. Failure
on the part of the employee to notify and report to the City for employment as required by USERRA will
be considered voluntary resignation.
13.5.3 Reinstatement. Upon expiration of an approved leave of absence, an employee shall
be reinstated in the position held at the time the leave was granted, if the position is still remaining, or
in a position of similar responsibility. Only the employees advanced to fill th e temporary vacancies
created by the leave of absence shall be affected and, in each case, shall return to the jobs they left.
Employees who are granted a leave of absence shall not lose their established seniority.
13.5.4 Union Office. Any employee appointed or elected to office in Local Union No. 280
shall not lose his/her established seniority with the City if granted a leave of absence upon application.
Leave of absence under this clause shall be limited to one (1) year, except that the City may grant
extensions in increments of one year for as long as the City deems practical.
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ARTICLE 14 – Classification and Wages
Section 14.1 Rates of Pay. (See Wage Schedule). Effective the first full pay period of January 2026,
the City shall restructure the existing wage scale applicable to this bargaining unit as follows:
1. The first two (2) steps of the pay scale shall be eliminated; and
2. One (1) additional step shall be added at the top end of the pay scale.
Employee Placement on Revised Scale:
a. Any employee on Step 1 or Step 2 at the time this change becomes effective shall be placed
on Step 3 of the revised wage scale.
b. Any employee on the highest step of the wage scale at the time this change becomes effective
shall move to the newly added top step.
c. All other employees shall remain on their existing step number unless revised administratively
to reflect the scale change.
d. No employee shall suffer a reduction in base wages as a result of this wage scale
restructuring.
14.1.2 Certification premiums will be effective the first full pay period following full
ratification of this agreement.
14.1.3 Re seasonal employees: Each seasonal employee after completion of his sixth (6 th)
month of work will be credited an additional eight (8) hours regular pay upon request, in the following
pay period or on his final paycheck. This incentive shall in no way create or cause an overtime pay claim
by the employee or other employee(s) that pay period nor shall it be counted toward working hours.
Section 14.2 New Employees. The City, at its discretion, may hire a new employee at a higher entry
level rate if s/he has a college degree or years worked in an applicable field.
Section 14.3 Overtime. Overtime work shall include only that work performed by represented
employees at the direction of their Department Deputy Director or Division Manager, or their authorized
representative, and shall be as follows:
14.3.1 Time worked in excess of an employee’s regularly scheduled workday or in excess of
forty (40) hours in a designated seven (7) day work period, shall be paid at time and one -half (1½) of
the regular rate of pay. The work week shall not be lengthened solely to take advantage of an employee’s
illness; vacation or holiday so as to avoid overtime pay. Overtime will be distributed equitably among
those employees who normally perform the work.
Compensatory time may be granted in lieu of overtime pay with a cap of eighty (80) hours in a year.
Compensatory time will be paid out the first (1st) full pay period of December. Employees may elect to
cash out up to eighty (80) hours of accumulated compensatory time either as taxable wages or, at the
employee’s option, as a contribution to the City-sponsored deferred compensation plan, subject to
applicable plan rules and IRS regulations.
The City reserves the right to pay out all or any portion of an employee’s accumulated compensatory
time at any time, at the employee’s then-current rate of pay
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14.3.2 An employee who is called back to work from off the work site shall receive pay at the
overtime rate of time and one-half (1½) for all hours worked. Employees called out who are not carrying
a cell phone shall also receive a call out premium pay of fifty dollars ($50.00). This section shall not
apply to employees who are held beyond the completion of their shift.
14.3.3 The shift differential premium for swing and graveyard shifts shall be fifty ($.50) cents
an hour and shall be considered a part of base pay. This differential shall not apply to employees who
are entitled to premium or overtime pay for such work.
14.3.4 Whenever an employee’s shift hours are changed to accommodate emergency snow
removal (see Section 9.8), the employee shall receive call-out pay.
14.3.5 Within the Facilities Division, at least one (1) bargaining unit employee shall be
permitted (normally at their option, but may be required by the employer) to work at any location
requiring any number of seasonal/temporary employees performing bargaining unit work beyond the
scheduled end of shift, except: 1) when such seasonal/temporary employees are performing custodial
duties or the mowing of grass or 2) on weekends or holidays if the hours of work assigned to the
respective seasonal/temporary employees are their regularly scheduled hours and the work assigned is
within the scope of their regularly assigned duties.
14.3.6 Qualified Facilities Division bargaining unit employees shall have the option to work
beyond regularly scheduled hours to perform authorized repair of Facilities Division equipment
(excluding vehicles) when, in the sole discretion of the supervisor, said repairs can be performed in the
time period available, would not interfere with the performance of regular duties of the respective
employee, and the overtime cost of the repair is not expected to exceed the labor cost associated with
other repair options available to the employer.
Section 14.4 Paid Meal. Employees called back to work from off the work site or held beyond the
end of their normal shift, shall be eligible for twelve ($12.00) dollars for the cost of a prepared meal
under the following conditions:
14.4.1 Call back work must be for four (4) or more continuous hours.
14.4.2 Held over work must be for two (2) hours or more continuous hours. Time utilized for
such meals shall not be compensable unless the employee is required to remain on duty as described in
Section 9.4.
Section 14.5 Cellular Phone. At the discretion of Management, all employees, in positions covered
by this bargaining unit, agree that they will accept stand-by assignments, carry the cellular telephone and
are subject to mandatory after hours on-call rotation. Said employee will be paid a premium (not included
in base pay for overtime purposes) in the amount of three dollars ($3.00) per hour on weekdays and five
dollars ($5.00) on Saturday or Sunday.
14.5.1 Should an insufficient number of qualified employees volunteer for stand by duty (one
(1) week rotation), the Union agrees that the manager may create an on call list including all applicable
employees in the division(s).
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14.5.2 Each employee on stand-by will be in a location when outside of their regular shift
hours where that employee can be reached by cellular telephone assigned to the employee for emergency
call-in purposes and respond to the site of their respective workplace no later than thirty (30) minutes
from the time the call was received. The cellular phone shall be furnished to the employee at no cost to
the employee. Use of the cellular phone is authorized for no other purpose than to receive and/or respond
to an emergency call-in. An employee on stand-by who becomes sick or has such emergency arise that
he or she is unable to respond to a call-in shall call their Manager or the Manager’s designee in order
that the Manager can then exercise management judgment in such emergency conditions.
14.5.3 Stand-by can be traded between employees rotating the assignment of the cellular
telephone within their respective division with prior notice and approval from the appropriate division
Manager.
14.5.4 The rotating stand-by lists will be prepared by the appropriate Division Manager and
updated by the Manager as needed.
14.5.5 The employee shall not be required to be assigned on stand-by during the employee’s
scheduled vacation unless the employee so consents.
Section 14.6 Headquarters/Travel. Employees shall travel from work site to work site on City time
and shall report to the department headquarters where they are regularly employed, although they may
be assigned to work within any department covered by this Agreement. When an employee is assigned
to work in a division in which he/she is not regularly employed, shall report to the headquarters for that
division while on temporary assignment. Meals may be taken at the nearest location where sanitary
facilities are available or at the employee’s division headquarters.
Section 14.7 Pay Period/Payday. The City will pay employees on the basis of twenty-six (26) pay
periods per year and payday will normally be every other Friday. If a payday falls on an authorized
holiday, every effort will be made to pay employees on the preceding business day. Existing paycheck
stub information showing the employee’s accrued vacation and sick leave, and amount of regular and
overtime hours worked, will continue to be provided by the City.
Section 14.8 Relief from Duty. Except due to disciplinary action, an employee who reports to a
normally scheduled shift and is relieved from duty prior to the normally scheduled end of his/her shift,
shall receive a minimum of four (4) hours pay, inclusive of hours actually worked.
Section 14.9 Temporary Assignment. Any employee covered by this Agreement working out of
classification shall be paid the rate of two dollars and fifty cents ($2.50) per hour above his regular rate
of pay for the first hour and for each additional working hour thereafter until relieved of the temporary
assignment. Working out of classification means the employee is required to perform substantially all
of the essential job functions of the higher classification.
ARTICLE 15 – Health Insurance and Life Insurance
Section 15.1 Medical, Dental, and Vision Insurance for Employees and Dependents. The parties
have agreed to the following:
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Employees and their spouses/dependents are eligible to participate in the City’s health insurance plans
as outlined in the plan documents.
The City offers health insurance through a third-party vendor, as outlined in the summary plan
description for the applicable plan. The City reserves the right to change health insurance carriers and
the specific plans offered. The City maintains the rights to select insurance carriers for the purpose of
insurance premium cost containment. Employees are solely responsible for any out-of-pocket costs, co-
pays, and other non-premium costs and expenses.
15.1.1 Medical Coverage. Employee premium contributions for medical coverage shall be the same as
required of non-represented employees and shall automatically follow any adjustments made to the Non -
Represented employee contribution levels during the term of this agreement.
15.1.2 Dental and Vision Coverage. Employee premium contributions for dental and vision coverage
shall be the same as required of non-represented employees and shall automatically follow any
adjustments made to the Non-Represented employee contribution levels during the term of this
Agreement.
15.1.3 Payroll Deduction. Employee contributions toward monthly premiums shall be deducted on a
pre-tax basis in equal amounts from the first two (2) paychecks of each month, consistent with IRS
regulations and the City’s Section 125 Plan.
15.1.4 Health Insurance Re-opener. The City reserves the right to re-open Article 15 by providing
at least 14 calendar days’ written notice to the Union prior to re-opening negotiations if any of the
following event(s) occur:
a. Federal Excise Tax Re-Opener: If the City determines that any of this Aticle’s insurance
plans or the Medical Trust offered may trigger a federal excise tan under the ACA, the
City may re-open bargaining for the affected plan(s).
b. Significant Changes Re-Opener: If the City determines there are significant changes that
will affect the availability, cost, or scope of medical, dental, visions, or life insurance and
wellness benefits. Such changes may include, but are not limited to:
c. Changes in federal or state legislation or regulations;
d. Significant alterations in insurance market conditions;
e. Introduction of new insurance plans or wellness programs; and/or
f. Substantial changes in the cost of existing insurance plans.
Section 15.4 Life Insurance. The City, for the term of this Agreement shall continue to provide an
employer-paid plan with benefits of Fifty Thousand ( $50,000) dollars of face value term life insurance
for each employee, in accordance with terms of the policy selected by the City.
Section 15.6 Health Reimbursement Account (HRA) VEBA. The City agrees to allow payroll
deductions for an employee funded HRA VEBA account that will be in compliance with all applicable
Commented [DT1]: I don’t think we should refer to part time
staff for health insurance. They would likely be temporary
employees and not eligible.
Commented [KC2R1]: Agreed
Page 150 of 179
25
Collective Bargaining Agreement
between City of Pasco and IUOE, Local 280
1/1/2026 – 12/31/2026
IRS laws. A vendor for the HRA VEBA account will be chosen in agreement with the Local and the
City.
ARTICLE 16 – Occupational Injury/Illness
Section 16.1 An occupational injury/illness will be accordance with Administrative Order No. 250 –
Workers Compensation (Industrial Insurance) dated February 10, 2011. Any conflict between a
provision of this Agreement and Administrative Order No. 250 shall be resolve d in favor of the language
of this Agreement.
Section 16.2 Sick Leave Without Pay. Sick leave without pay, once all earned leave benefits are
exhausted, may be granted by the City for an employee on leave due to accident or illness, but such leave
shall not exceed one (1) year in duration. During this time, the employee shall continue to earn seniority
within the Union but will not be eligible to receive or accrue other benefits under this contract or other
City ordinances, resolution or administrative order.
ARTICLE 17 – Training
Section 17.1 Maintenance of Certification.
17.1.1 Employees required by the City to maintain certifications, licenses, or credentials, including,
but not limited to the list below, shall receive training at City expense.
1. Washington State Public Operators’ Pesticide License,
2. Commercial Driver’s License (CDL),
3. Water distribution certification,
4. Water or wastewater treatment certification,
5. Pool operator certification,
6. Flagger certification,
7. First Aid/CPR certification
17.1.2 Continuing Education Unit (CEU). Employees required by the State of Washington and the
City to maintain certifications as a condition of their employment shall be offered training, at the City’s
expense, sufficient for the employee to earn at least the minimum number of Continuing Education Unit
(CEU’s) required for renewal. CEU maintenance is the employee’s responsibility to remain compliant
with job requirements.
17.1.3 Certification Testing Costs. The City will pay the cost of certification testing for up to two
(2) attempts per required certification. Any additional attempts shall be at the employee’s own expense.
The City will also provide or pay for training materials necessary to obtain and maintain the required
certification(s). Travel time for testing is not compensable unless mandated by the FLSA.
17.1.4 CDL Training for New Hires Without a CDL. When the City hires an employee into a
position that requires a Commercial Driver’s License (CDL) and the employee does not possess a valid
CDL at the time of hire, the City may, at its discretion, pay for one CDL training course and the
associated examination fees.
Page 151 of 179
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Collective Bargaining Agreement
between City of Pasco and IUOE, Local 280
1/1/2026 – 12/31/2026
a. Completion Requirement. The employee must successfully complete the CDL training
program through a Federal Motor Carrier Safety Administration (FMCSA) approved training
provider and obtain the required license within the timeframe established by the City as a
condition of continued employment.
b. Length of Service Obligation. Any employee who receives City-paid CDL training under
this section shall be required to remain employed with the City for a minimum of two (2) years
following the date CDL training is completed.
c. Repayment Obligation. If the employee voluntarily separates from employment or is
terminated for cause before completing two (2) years of service following training completion,
the employee agrees to reimburse the City for the full cost of the CDL training and related fees.
The City may deduct any outstanding balance owed from the employee’s final paycheck to the
extent permitted by law, and the employee shall be responsible for repaying any remaining
balance.
d. One-Time Funding Limitation. The City will pay for only one CDL training course. If the
employee fails to complete or pass the training or licensing requirements, the City shall not pay
for additional classes, retesting, or related expenses.
e. Exclusions. This provision applies only to employees who do not already possess a CDL at
the time of hire. Employees hired with a valid CDL are subject to the certification maintenance
provisions of Section 17.1.
f. Training Time and Leave Requirements. CDL training, testing, and all other activities
required to obtain a Commercial Driver’s License must be completed outside of the employee’s
regular work schedule unless expressly approved in advance by the Department Director or
designee. Employees who wish to attend required CDL training during regular work hours must
request and use approved leave, unless otherwise authorized. The City is not obligated to provide
paid work time for any part of the CDL training or licensing process. This provision applies only
to initial CDL training and licensing.
ARTICLE 18 – Transfers, Force Reduction and Rehire
Section 18.1 Layoff/Bumping. In the event of a layoff, the employee with the shortest length of
continuous service in the job classification affected shall be laid off first. Employees being laid off may
choose to transfer to an equal or lower pay classification within the bargaining unit, provided that the
employee meets the minimum job qualifications for the position, including the passage of any written
and practical tests which would be given to an applicant for the position were it otherwise open, and
providing that the employee has more seniority than the employee occupying said classification, and
providing that the City can provide sufficient operations. The Union shall have the right to make a written
recommendation, to management explaining its views on the relative qualifications of the affected
employee(s). The Union and the employer agree that, in the event of a layoff of an employee that is
currently classified as a Maintenance Worker 3, that employee would, without testing, meet the
minimum qualifications for a Maintenance Worker 1 position; and that a Groundsman II would, without
testing, meet the minimum qualifications for a Groundsman I position; and that any employee in the
bargaining unit in a position above Utility Maintenance Worker, who possesses a current CDL, is
minimally qualified, without testing, for the Maintenance Worker 1 position. Minimum job
qualifications means those qualifications reflected in the then current job description of the job
classification.
Page 152 of 179
27
Collective Bargaining Agreement
between City of Pasco and IUOE, Local 280
1/1/2026 – 12/31/2026
Section 18.2 Seniority Retention. Employees laid off due to force reduction will retain their
established seniority for two (2) years. Seniority shall be considered broken if an employee is offered re-
employment and refuses the same. Employees rehired before the two (2) years, will receive credit for
sick leave accrued but not taken or cashed out at termination, upon being rehired. Employees rehired
before the two (2) years will receive credit for sick leave accrued but not taken or cashed out at the tim e
of layoff, upon being rehired. Prior service shall be counted for vacation purposes.
Section 18.3 Employee Responsibility. Employees who have been laid off who wish to return to
work shall keep the City’s Human Resources Office advised of their current address.
Section 18.4 Transfers/Training/Break-in Period. When an employee is transferred to any
position to which s/he has no previous experience, s/he shall be given a reasonable break -in period with
an experienced person in that position. If an experienced employee is temporarily assigned to replace
another employee, s/he shall be paid the amount for that classification or job assignment, but not less
than the employee’s current rate of pay.
The City shall have the right to assign individuals to cross -training, not to exceed six (6) months in
duration. Probationary employees may be involved in a mandatory cross -training program which is in
addition to the cross-training program addressed in this article.
ARTICLE 19– Safety
Section 19.1 Responsibilities. The City will provide safety measures and safety rules to minimize
accidents and health hazards to the employees during the hours of their employment. The Union agrees
to cooperate with the City to the end that the employees will use such safety equipment when so provided
and observe such safety and health regulations as provided by the City.
In addition, the Union agrees that the City will designate each operator to be responsible for inspecting
the equipment he/she operates on a given day and will report to his/her supervisor any defects or needed
maintenance.
Section 19.2 First-Aid Training. The City and Union recognize the first-aid obligations imposed
upon the employer and employee by WAC 296-800-150. At least annually the City will offer first-aid
classes for employees on City time. Employees have an obligation to participate in first -aid courses to
maintain first-aid certification. However, this obligation can be fulfilled via voluntary completion of
appropriate courses offered by other groups and institutions.
Section 19.3 Equipment/Uniforms. The City, at its expense, will provide and make available, as
needed, all necessary personal equipment to assure safety and to assist in the proper performance of
designated work. Such basic equipment to be provided by the City includes, but is not limite d to the
following:
Orange safety vests. Hard hats.
First aid kits in each vehicle. Raincoats and pants.
Overboots.
Page 153 of 179
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Collective Bargaining Agreement
between City of Pasco and IUOE, Local 280
1/1/2026 – 12/31/2026
Employees shall be responsible for the safe keeping of such equipment. Employees shall use this
equipment in accordance with rules and regulations promulgated by the Department of Labor and
Industries and confirmed by the City Manager. In addition, the Cit y, at its expense, will furnish and the
employee shall wear an appropriate uniform consisting of the following:
19.3.1 A City Hat. An employee shall wear no other hat, if wears a hat, while in the
performance of his/her duties, except that a clean, plain, neutral color baseball style cap may be worn.
Alternate headwear may be worn if approved by management. No logos of any kind shall be permitted
other than the City logo.
19.3.2 Pants. Employee shall be required at a minimum to wear a clean pair of pants or blue
jeans every two (2) working days. The City will provide clean uniform pants or blue jeans on an as
needed basis.
19.3.3 Shirt. Employee shall be required to report to work wearing a clean shirt each day.
Short or long sleeve shirts will be provided at the employee’s option. Employees shall be provided a
compliment of eleven (11) shirts. Employees shall be responsible for laundering T-shirts or uniform
shirts not covered under the laundry service provided by the City.
19.3.4 Coveralls. Two (2) pairs of coveralls per employee will be provided by the City. The
City will provide clean coveralls on an as needed basis. Employees may have the option to select eleven
(11) pairs of coveralls in lieu of all other clothing allotments.
The City’s name, the department’s name, and the employee name shall appear on the employee’s shirt.
The City’s name will appear on the employer provided hat. No logo or name shall appear on the
employee provided hat, if any. The City will provide replacement articles as reasonable wear and tear
dictates. Lost articles of clothing will be replaced at employee expense.
19.3.5 Safety Boot Allowance. The city shall provide a boot allowance for bargaining unit
members for safety boots with a safety toe (steel or composite), that covers the ankle, no more than one
pair each calendar year, the amount of one-hundred and seventy-five dollars ($175.00). The employee
shall bear any excess costs for boots over one-hundred and seventy-five dollars ($175.00). The boots
shall be for duty only and must be worn for hours worked.
ARTICLE 20 – Seniority
Section 20.1 Continuous Service. Employees covered by this Agreement shall have their seniority
determined by their total length of continuous service with the City (there is no departmental seniority).
In cases where two (2) or more employees start to work on the same date, the date of application for
employment shall establish the position on the seniority list.
Section 20.2 No Accrual During Probation. A newly hired employee shall be considered a
probationary employee for a period of twelve (12) calendar months, during which time he/she will
acquire no seniority credit. However, upon successfully completing the probationary period, that person
shall be considered a regular employee, and he/she shall have his/her seniority established as of his/her
date of hire as a probationary full-time employee. New hires shall receive a performance review at the
end of six (6) months. A probationary employee receiving a satisfactory six (6) month performance
Page 154 of 179
29
Collective Bargaining Agreement
between City of Pasco and IUOE, Local 280
1/1/2026 – 12/31/2026
review shall be allowed to progress in the salary schedule. Probationary employees, including hew hires,
are not eligible to bid on any job vacancies, including both promotional and lateral transfer opportunities,
as part of an internal recruitment process unless they mee one or more of the following criteria:
• The employee currently holds all required certifications, including a Class A CDL with a tanker
endorsement, if applicable, for the position for which the employee is applying; or
• The employee is able to obtain all required certifications, including a Class A CDL with a tanker
endorsement, if applicable, for the position for which the employee is applying, within twelve
(12) months of appointment; or
• The employee possesses unique qualifications or work experience relevant to the position for
which the employee is applying
Probationary employees who do not meet the above criteria may apply for job vacancies as part of the
external recruitment process and will not lose seniority if selected.
During the first twelve (12) months of probation the City reserves the right to terminate the probationary
employee with or without cause.
Section 20.3 Transfers. City employees within the departments covered by this Agreement will be
given first consideration for lateral transfers and promotions to higher classifications within the
bargaining unit. If an examination is given to determine qualifications, the examination shall be based
exclusively on the tasks to be performed for the position to be filled. If the qualifications of applicants
are equal, seniority shall govern. All those meeting the minimum announced qualifications for the
position in question will be permitted to compete in the selection process. The City acknowledges the
value of having uniform examinations for each job classification and will test employees, where
necessary, using only standardized examinations which apply to the job classification.
Section 20.4 Posting of Job Openings. All job openings approved by the City Manager shall be
posted electronically via the City’s online application system. When a vacancy is posted simultaneously,
as both internal and external, it will be accessible via the City’s public job listings page. Th e City will
strive to fill such vacancies within thirty (30) days of the initial posting. For positions posted as internal-
only, for bargaining members to apply, a private link to the job announcement will be sent to all
bargaining unit members via City email. These postings shall remain open for a minimum of five (5)
working days.
Section 20.5 Promotion/Demotion - Supervisory Position. In the event an employee covered under
this Agreement is promoted into a supervisory position not covered by this Agreement, he/she will
continue to earn seniority in the classification from which he/she was promoted for the first six (6)
months in the supervisory position. After six (6) months, the employee will no longer earn seniority in
the classification. In the event the employee is later demoted, he/she cannot use his/her seniority to bump
the person then occupying his/her former position.
ARTICLE 21 – Commercial Drivers License (CDL)
Section 21.1 Reimbursement for Costs. The City shall reimburse employees for the following costs
incurred by the employee to maintain his/her CDL and the endorsements required for his/her job duties.
Page 155 of 179
30
Collective Bargaining Agreement
between City of Pasco and IUOE, Local 280
1/1/2026 – 12/31/2026
• License testing fees.
• License fee, exclusive of regular basic driver’s license fee.
The City shall arrange for and pay up front the cost of the required physical exam (that location
designated by City), however, in the event the employee, after taking the physical exam, terminates their
employment with the City prior to passing the necessary tests and paying the required testing and
licensing fees to maintain their CDL, the cost of the physical may be deducted from the employee’s final
pay check.
Section 21.2 Maintenance Responsibility. The employees shall each be responsible to maintain
their CDL with the endorsements necessary for their job duties on their own time. In the event the
employee’s CDL becomes invalid, then said employee shall be responsible for all costs incurred to
reinstate his/her CDL and required endorsements.
Section 21.3 New Employees. Employees hired on the condition that they obtain a Class A CDL
with a tanker endorsement, within a time certain, shall be reimbursed by the City for their out -of-pocket
costs for the required physical exam, test and license fees to obtain the required CDL and endorsements,
but only if they are successful in obtaining the CDL in a timely manner and pass their probationary
period of employment.
Section 21.4 Motor Vehicle Accidents. Employees shall inform their employer as required by law,
of all motor vehicle accidents in which they are involved, any conviction for a criminal traffic offense,
and shall sign a release authorizing the City to obtain a certified copy of their driving r ecord from the
Department of Licensing on at least an annual basis.
Section 21.5 CDL Law Changes. If, during the period of this contract, the law substantially changes
regarding CDL’s, this Article is open to re-negotiation at the request of either party.
ARTICLE 22 – Smoking Restrictions
The City may institute reasonable rules concerning the prohibition of smoking in confined areas where
it may bother employees or citizens who do not smoke.
ARTICLE 23 – Americans with Disabilities Act
Notwithstanding any other provision of this Agreement, the employer may take all actions necessary to
comply with the Americans with Disabilities Act.
ARTICLE 24 – Substance-Free Workplace
Administrative Order No. 65A, dated August 28, 1992, concerning a substance -free workplace, is
incorporated herein by this reference.
ARTICLE 25 – Implementation of Changes Upon Ratification
Page 156 of 179
31
Collective Bargaining Agreement
between City of Pasco and IUOE, Local 280
1/1/2026 – 12/31/2026
Benefits of this contract (including any retroactive provisions) shall only apply to those members who
are employed with the City on the effective date of the contract.
ARTICLE 26 – Deferred Compensation
In the first full pay period of July 2026, the City will pay a four percent (4%) deferred compensation
contribution (non match required) into a supplemental retirement savings program, selected by the city,
to all IUOE members on a continuing basis, unless otherwise bargained.
This deferred compensation provision is subject to the City deferred compensation rules and regulations
and IRS regulations. The computation of retirement contributions and pension benefits shall be governed
by applicable state law.
Dated at Pasco, Washington, this _______ day of ____________________ 2026.
City of Pasco
______________________________
Harold L. Stewart II, City Manager
ATTEST:
Debra Barham, City Clerk
IUOE, Local #280
Josh Carter, Business Manager
Felipe Bautista, Steward Francisco Cruz, Steward
______________________________ ______________________________
Dean Pollick, Steward Josh Strebin, Steward
_____________________________________
Trever Hammermeister, Steward
Page 157 of 179
Position Grade Step
1
Step
2
Step
3
Step
4
Step
5
Step
6
Groundsman 1
Maintenance Worker 1 31 27.20 27.74 28.29 28.86 29.44 30.03
Groundsman 2
Maintenance Worker 2
Apprentice Water Plant Operator
Apprentice Wastewater Plant Operator
36 30.03 30.63 31.24 31.86 32.50 33.15
Facilities Maintenance Worker
Groundsman 3
Maintenance Worker 3
Water Plant Operator 1
Wastewater Plant Operator 1
43 34.49 35.18 35.88 36.60 37.33 38.08
Lab Technician
Pump Mechanic
Mechanic 46 36.60 37.33 38.08 38.84 39.62 40.41
Water Plant Operator 2
Wastewater Plant Operator 2 48 38.08 38.84 39.62 40.41 41.22 42.04
Water Plant Operator 3
Wastewater Plant Operator 3 50 39.62 40.41 41.22 42.04 42.89 43.74
Lead - Public Works
Lead - Parks, Facilities, Arborist
Water Plant Operator 4
Wastewater Plant Operator 4
52 41.22 42.04 42.89 43.74 44.62 45.51
Chief Mechanic
Chief Industrial Wastewater/Farm Ops 54 42.89 43.74 44.62 45.51 46.42 47.35
Lead Water Plant Operator 55 43.74 44.62 45.51 46.42 47.35 48.30
Chief Water Plant Operator
Chief Wastewater Plant Operator 58 46.42 47.35 48.30 49.26 50.25 51.25
2026 IUOE Wage Scale
Effective 1/4/2026
Page 158 of 179
APPENDIX A - ANIMAL SHELTER (IUOE) - 2026
Effective 01.04.2026 - 2% COLA
Position Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Animal Shelter Kennel Technician
Animal Shelter Customer Service
Technician
17 20.97 21.62 22.28 22.97 23.68 24.42 25.17
Lead Animal Shelter Kennel Technician 22 23.15 23.87 24.61 25.37 26.15 26.96 27.79
Animal Control Officer 25 24.57 25.33 26.11 26.92 27.75 28.61 29.49
Department Assistant II 28 26.07 26.88 27.71 28.57 29.45 30.36 31.30
Animal Control and Operations Lead 35 29.95 30.87 31.83 32.81 33.83 34.87 35.95
Animal Shelter Veterinary Technician TP50 25.50
Updated July 2025
Page 159 of 179
Letter of Agreement (LOA)
Between the City of Pasco and the International Union of Operating
Engineers, Local 280
Introduction
This Letter of Agreement (LOA) is entered into by and between the City of Pasco
(hereinafter referred to as "the City") and the International Union of Operating Engineers,
Local 280 (hereinafter referred to as "the Union"). The purpose of this LOA is to outline
the terms and conditions for integrating Animal Control and Services employees into the
existing IUOE bargaining unit as required by PERC decision #14072-PECB, case
#141496-E-24.
Recitals
WHEREAS, the City and the Union are parties to a Collective Bargaining Agreement
(CBA) effective January 1, 2026 through December 31, 2026; and
WHEREAS, the City operates an Animal Control and Services division employing staff
in positions that have been incorporated into the existing bargaining unit; and
WHEREAS, the parties wish to establish mutual understanding and agreement to
integrate Animal Control and Services existing positions into the existing bargaining unit.
NOW, THEREFORE, the City and the Union agree as follows:
Terms of Agreement
Scope of Agreement:
This LOA applies to all full-time and part-time Animal Control and Services employees
of the City of Pasco, excluding supervisors, confidential employees, and temporary
employees.
Purpose:
The purpose of this LOA is to establish the conditions by which Animal and Control
Services employees are incorporated into the IUOE bargaining unit.
Responsibilities of the Parties:
a. City of Pasco:
The City agrees to apply applicable provisions of the IUOE CBA to the Animal
Control and Services employees, recognize their seniority, and honor their
accrued benefits.
Page 160 of 179
b. International Union of Operating Engineers, Local 280:
The Union agrees to represent the Animal Control and Services employees under
the terms of the CBA, as modified by this LOA.
Agreement:
• Article 1 – Recognition
o Article 1 shall be amended to include all full-time and part-time Animal
Control and Services employees of the City of Pasco, excluding
supervisors, confidential employees, and temporary employees.
• Articles 2 – Term and Scope of Agreement
All other provisions of this article will apply, other than the sections as modified
or excluded below.
o Section 2.4 Supervisory Employees
The Animal Services Manager, temporary staff, and volunteers may
perform duties of the employees in the Animal Control and Services.
• Articles 3, 4, 5, 6, 7, and 8
o These articles shall apply as current contract language dictates.
• Article 9 – Hours of Work
All other provisions of this article will apply, other than the sections as modified
or excluded below.
o Section 9.1 – Breaks/Clean Up
This section shall be amended to exclude the 10 minutes of clean up time
at the end of each shift and the rest break and meal period being
combined.
o Section 9.3 – Hours of Work
The standard shift for employees may be scheduled seven (7) days per
week, with starting times as early as 6:30 a.m., and shall normally be
completed between 6:30 a.m. and 6:00 p.m. The normal hours of work for
a scheduled shift shall not exceed eight (8) hours in any one day.
Deviations from the normal hours of work may be required, while always
providing more than 4 hours of scheduled work, but no more than 12
scheduled hours of work.
The workday shall be continuous, interrupted only by designated rest and
meal breaks. Nothing herein shall be construed as a guarantee of a forty
(40) hour workweek.
Employees shall utilize the in/out time keeping system that is provided at
the work site. The system shall be used to track start times, stop times, and
all breaks and meal periods as outlined in section 9.1.
o Section 9.6 – Non-Standard Shifts
Page 161 of 179
This section does not apply.
o Section 9.7 – Irregular Shifts and Work Weeks
From time to time, management may require staff participation in events
outside of regular working hours. At the employee’s request, management
may approve overtime, compensatory time, or a flex schedule for their
participation. Overtime and compensatory time would be taken in
accordance with applicable contract provisions. Flex time, if approved,
would follow City policy.
o Section 9.8 – Snow Removal and Control
This section does not apply.
• Article 10 – Sick Leave
• All other provisions of this article will apply, other than the sections as modified
or excluded below.
o Section 10.2 – Sick Leave Taken
This section does not apply.
• Article 11 - Vacation
All other provisions of this article will apply, other than the sections as modified
or excluded below.
o Section 11.4 – Vacation Taken
This section does not apply.
• Article 12 – Holidays
All other provisions of this article will apply, other than the sections as modified
or excluded below.
o Section 12.1--Policy
This section does not apply.
o Section 12.3
This section does not apply.
o Section 12.4
This section does not apply.
o Section 12.5 (Working the Holiday)
This section does not apply.
• Article 13 – Other Leaves of Absence
o This article shall apply as current contract language dictates.
• Article 14 – Classification and Wages
All other provisions of this article will apply, except sections as modified or
excluded below.
o Section 14.1 – Rates of Pay
The wage schedule for this work group is added as Appendix A to this
LOA.
o Section 14.3.1 - 14.3.5
Page 162 of 179
These sections do not apply.
o Section 14.3.6
Shall be amended to include Animal Control and Services division to this
section.
o Section 14.4.1
Shall be amended to state that call back work must be for two (2) or more
continuous hours.
o Section 14.5
On call paid premium does not apply to this work group.
o Section 14.6
This section does not apply.
o Section 14.8
This section does not apply.
• Article 15 – Insurance
o This article shall apply as current contract language dictates.
• Article 16 – Occupational Injury/Illness
o This article shall apply as current contract language dictates.
• Article 17 – Training
All other provisions of this article will apply, other than the sections as modified
or excluded below.
o Section 17.2 (NEW) – Animal Control Officer Academy
If the City pays for an employee to attend the Animal Control Officer
academy, including tuition, fees, books, and related expenses, and the
employee does not complete the program, fails the program, the employee
is responsible for full repayment to the City of all costs associated. If the
employee completes the program, they agree to work as an Animal
Control Officer for a period of no less than 24 months. If the employee
voluntarily resigns or separates from City employment within 24 months
of completing the program, the employee shall reimburse the City a
prorated amount of the total costs based on the number of full months
remaining in the two-year period. Prior to training, the employee will sign
an agreement acknowledging this obligation and authorizing payroll
deduction from final paychecks or leave cash-outs, as allowed by law. The
City may waive repayment in cases of exceptional circumstances at its
sole discretion.
• Article 18 – Transfers, Force Reduction, Rehire
o This article shall apply as current contract language dictates.
• Article 19 - Safety
All other provisions of this article will apply, other than the sections as modified
or excluded below.
Page 163 of 179
o Section 19.3 – Equipment/Uniforms
The City shall provide necessary personal equipment to assure safety and
to assist in the proper performance of designated work. At the discretion
of the department Director, employees may be provided uniforms that may
include t-shirts or other clothing identifying staff as employees of the City
of Pasco Animal Control and Services division. Any clothing purchased
by the City shall be laundered by the employee.
o Section 19.3.5 – Safety Boots
The department Director, in conjunction with the City’s safety officer,
shall determine which positions in the Animal Control and Services
division would require safety boots and the allowance as currently
outlined in 19.3.5 would be provided.
o Section 9.3.6 (NEW) – Ballistic Vests
The department Director, in conjunction with the City’s safety officer,
shall determine which positions in the Animal Control and Services
division would require the use of ballistic vests. The City shall provide
the vests and proper training and protocols for their use. The vests shall
be maintained by the employee and will be replaced when needed.
• Article 20 – Seniority
All other provisions of this article will apply, other than changes as modified
below.
o Section 20.2 – No Accrual During Probation
This section shall be amended to exclude this work group from being
eligible for a 6 month step increase.
• Article 21 – Commercial Drivers License (CDL)
o This section does not apply to this work group.
• Article 22 – Smoking Restrictions
o This shall apply as current contract language dictates.
• Article 23 – Americans with Disabilities Act
o This shall apply as current contract language dictates.
• Article 24 – Substance Free Workplace
o This shall apply as current contract language dictates.
• Article 25 – Implementation of Changes Upon Ratification
o This shall apply as current contract language dictates.
• Article 26 – Deferred Compensation
o This shall apply as current contract language dictates.
Page 164 of 179
Duration of Agreement:
This LOA shall take effect upon signing and approval by the City Council and shall
remain in effect through December 31, 2026, concurrent with the existing IUOE CBA,
unless amended or terminated earlier by mutual agreement.
Amendments:
Amendments must be in writing and signed by authorized representatives of both parties.
Termination Clause:
Either party may terminate this LOA with thirty (30) days’ written notice to the other
party, or upon mutual agreement.
Dispute Resolution:
In the event of a dispute, the parties agree to meet and negotiate in good faith.
Entire Agreement:
This LOA constitutes the entire understanding between the parties concerning the
integration of Animal Services employees.
Signatures
This LOA is entered into and effective as of the date signed below by the authorized
representatives of the City of Pasco and the International Union of Operating Engineers,
Local 280.
For the City of Pasco:
_________________________________________ _________________
Harold L. Stewart II Date
City Manager
For the International Union of Operating Engineers, Local 280:
___________________________________________ __________________
Josh Carter Date
IUOE Business Representative
Page 165 of 179
AGENDA REPORT
FOR: City Council December 17, 2025
TO: Harold Stewart, City Manager City Council Workshop
Meeting: 1/26/26
FROM: Maria Serra, Director
Public Works
SUBJECT: Resolution - Acceptance of Work for MLB Required Improvements at
GESA Stadium - Female Locker Room Improvements (Phase 1-A) (5
minute staff presentation)
I. ATTACHMENT(S):
Resolution
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Required (MLB) Baseball League Major construction for contract The the
Improvements at GESA Stadium – Female Locker Room (Phase 1-A) Project
(No. 24620) was awarded to Banlin Construction of Kennewick, Washington, on
March 4, 2025, in the amount of $230,683.84. The project included five change
orders, the most significant of which resulted from the elimination of unused
alternates and provided a cost credit to the project. Construction has been
completed in accordance with approved plans and specifications. The final
construction cost for the project totaled $211,017.78.
There were five change orders for the project.
CO
No. Amount ( Incl.
Tax)
1 Additional Bathroom Hardware $ 740.44
2 Add hot water disconnect to existing hot water tank $ 953.55
3 Supply and install 6" P-Lam bench to cover existing in
slab water lines $ 1,787.18
4 Move water lines into wall cavity $ 9,377.93
5 Reconciliation of alternates that were not used $ (32,525.16)
Total after all change orders combined $ (19,666.06)
Page 166 of 179
This project was funded through a State of Washington Department of
Commerce Grant and local funds.
IV. HISTORY AND FACTS BRIEF:
Background:
As part of a long-term project to improve GESA Stadium and in order to satisfy
new standards for Minor League Baseball (MILB) Parks imposed by MLB and
to preserve the presence of the Tri-Cities Dust Devils baseball team within the
community, City staff worked with the Dust Devils and MLB to identify required
improvements to the stadium to improve both player and fan experience.
In 2019, fan seating and lighting upgrades were completed. In 2021, new
batting team's visiting and home both In installed. were cages 2023,
clubhouses were remodeled, locker rooms were expanded, and an umpire
locker room was created.
During its last session, the State Legislature approved an appropriation of
$3,000,000 to fund this year's GESA Stadium Improvements.
This season’s improvements include upgrading the outfield lighting, installing
expanded safety netting along the seating areas, replacing the outfield fence
system, adding a new batter’s eye and foul poles, dugout seating additions,
updating the sound and surveillance systems, creating a new locker room for
female staff, installing new video boards, and expanding and enclosing the
batting cages. Tonight's proposed action specifically focuses on
the construction of the new female Locker room.
Impact (other than Fiscal):
This project supports quality of life and economic development while complying
with the necessary ongoing facility improvements to meet MLB requirements to
maintain the Tri-City Dust Devil teams franchise within the community.
V. DISCUSSION:
Recommendation:
Staff recommends approval of the proposed Resolution accepting the work
performed by Banlin Construction for the Construction of the MLB required
improvements at GESA Stadium female locker room improvements (Phase 1-
A) Project.
Constraints (Time or other considerations):
The MLB-mandated improvements are required for the stadium to meet current
Page 167 of 179
MLB standards. Without completion of these improvements, the stadium would
be considered noncompliant, potentially affecting the Dust Devils’ status within
the community.
Next Steps:
Provided the Council accepts work of the contractor for this project, staff will
complete the necessary documentation in the following weeks.
Alternatives:
Council may elect not to accept the work; however, acceptance is
recommended, as this improvement is one of the MLB requirements for
maintaining the Dust Devils’ presence in the community.
Page 168 of 179
Resolution – GESA Stadium Female Locker Room Project Acceptance- 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING WORK PERFORMED BY BANLIN CONSTRUCTION, UNDER
CONTRACT FOR THE MLB REQUIRED IMPROVEMENTS AT GESA
STADIUM – FEMALE LOCKER ROOM IMPROVEMENTS (PHASE 1-A)
PROJECT.
WHEREAS, the work performed by Banlin Construction, under contract for Project No.
24620 MLB Required Improvements at GESA Stadium – Female Locker Room Improvements
(Phase 1-A) has been examined by City of Pasco (City) Staff and been found to be in apparent
compliance with the applicable project specifications and drawings, and
WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accept
the contractor's work and the project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council concurs with City Staff’s recommendation and thereby accepts the
work performed by Banlin Construction, under contract for Project No. 24620 MLB Required
Improvements at GESA Stadium- Female Locker Room Improvements (Phase 1-A) as being
completed in apparent conformance with the project specifications and drawings.
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance.
Be It Further Resolved, that the final payment of retainage being withheld, pursuant to
RCW 60.28.011, regulations and administrative process, shall be released upon apparent
compliance with and satisfaction of applicable project specifications and verification thereof by
Public Works Department staff and Finance Director.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _________,
2026.
Charles Grimm
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, MMC Ogden Murphy Wallace, PPC
City Clerk City Attorney
Page 169 of 179
Pasco City Council
January 26, 2026
Workshop
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Acceptance of Work-MLB
Required Improvements at GESA
Stadium-Female Locker Room
Improvements (Phase 1-A)
Project #24620
January 26, 2026
Pasco City Council
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MLB Required Improvements at GESA Stadium –
Female Locker Room Improvements (Phase 1-A)
Project #24620
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MLB Required Improvements at GESA Stadium –
Female Locker Room Improvements (Phase 1-A)
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MLB Required Improvements at GESA Stadium –
Female Locker Room Improvements (Phase 1-A)
In Progress
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MLB Required Improvements at GESA Stadium –
Female Locker Room Improvements (Phase 1-A)
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MLB Required Improvements at GESA Stadium –
Female Locker Room Improvements (Phase 1-A)
Construction Costs
Engineers Estimate $275,000.00 -$310,000.00
Bid Award $230,683.84
Change Orders $ (19,666.06) *
Final Construction Costs $211,017.78
*Note –change order results in a negative amount due to bid alternates not being utilized.
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Questions?
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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 178 of 179
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 179 of 179