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Home My WebLink About2026.02.02 Council Meeting Packet AGENDA City Council Regular Meeting 7:00 PM - Monday, February 2, 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 meeting. To listen to the meeting via phone, call 1-332-249-0718 and use access code 219 210 903 183 75. City Council meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. 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. CONSENT AGENDA - All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers, the item may be removed from the Consent Agenda to the Page 1 of 213 Regular Agenda and considered separately. 5 - 16 (a) Approval of Meeting Minutes for January 12th and January 20th To approve the minutes of the Pasco City Council Regular Workshop held on January 12, 2026, and Regular Meeting held on January 20, 2026. 17 - 18 (b) Bills and Communications - Approving Claims in the Total Amount of $5,026,886.84 To approve claims in the total amount of $5,026,886.84 ($3,184,950.37 in Check Nos. 275971 - 276278; $558,730.10 in Electronic Transfer Nos. 852202 - 852208; $9,589.94 in Check Nos. 55134 - 55139; $1,273,616.43 in Electronic Transfer Nos. 30236706 - 30237399). 19 - 22 (c) Resolution No. 4702 - Acceptance of Work for MLB Required Improvements at GESA Stadium - Female Locker Room Improvements (Phase 1-A) To approve Resolution No. 4702, accepting work performed by Banlin Construction of Kennewick WA, under contract for the MLB Required Improvements at GESA Stadium -Female Locker Room Improvements (Phase 1-A) Project. 23 - 38 (d) *Resolution No. 4703 - Interlocal Agreement with and Southeast Regional Internet Crimes Against Children To approve Resolution No. 4703, authorizing the City Manager to Execute an amended and restated Southeast Regional internet Crimes Against Children Task Force (SERICAC) Interlocal Cooperative Agreement. 39 - 63 (e) Resolution No. 4704 - 2026 Collective Bargaining Agreement with the Pasco Police Officers Association - Non-Uniform Bargaining Unit To approve Resolution No. 4704, approving the 2026-2026 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees. 64 - 109 (f) Resolution No. 4705 - 2026 Collective Bargaining Agreement with the International Union of Operating Engineers Local No. 280 To approve Resolution No. 4705, approving the 2026 Collective Bargaining Agreement with the International Union of Operating engineers, Local No. 280. (RC) MOTION: I move to approve the Consent Agenda as read. Page 2 of 213 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 6. PUBLIC COMMENTS - The public may address Council on any items unless it relates to a scheduled Public Hearing. This item is provided to allow the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. Lastly, when called upon, please state your name and city or county residency into the microphone before providing your comments. 7. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers 8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 110 - 128 (a) Public Hearing - Transportation Benefit District (10 minute staff presentation) CONDUCT A PUBLIC HEARING 129 - 185 (b) Public Hearing - Ordinance No. 4813 - Amending Pasco Municipal Code Related to State Environmental Policy Act (SEPA) Thresholds (8 minute staff presentation) CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4813, an ordinance of the City of Pasco, Washington, amending and repealing sections of Pasco Municipal Code, in Title 23 Environmental Impact, related to environmental impact, State Environmental Policy Act (SEPA) thresholds and procedures and, further, authorize publication by summary only. 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 10. UNFINISHED BUSINESS 186 - 202 (a) Resolution No. 4686A - Pasco Public Facilities District (PPFD) Aquatics Facility - Management and Operations Interlocal Agreement (3 minute staff presentation) Page 3 of 213 MOTION: I move to approve Resolution No. 4686A, authorizing the City Manager to execute a new Interlocal Agreement between the Pasco Public Facilities District and the City Of Pasco for administrative and financial services, and for management and operations of the new Aquatic Facility. 11. NEW BUSINESS 12. MISCELLANEOUS DISCUSSION 203 - 211 (a) City Manager Report 13. EXECUTIVE SESSION 14. ADJOURNMENT 15. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 212 - 213 (b) Adopted Council Goals (Reference Only) Page 4 of 213 AGENDA REPORT FOR: City Council January 23, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 2/2/26 FROM: Krystle Shanks, City Clerk City Manager SUBJECT: Approval of Meeting Minutes for January 12th and January 20th I. ATTACHMENT(S): 1.12.2026 & 1.20.2026 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Regular Workshop held on January 12, 2026, and Regular Meeting held on January 20, 2026. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 213 MINUTES City Council Workshop Meeting 7:00 PM - Monday, January 12, 2026 Pasco City Hall, Council Chambers & Microsoft Teams Webinar CALL TO ORDER The meeting was called to order at 7:01 PM by Charles Grimm, Mayor. ROLL CALL Councilmembers present: David Milne, Charles Grimm, Blanche Barajas, Melissa Blasdel, Joe Cotta, Leo Perales, Calixto Hernandez, Abel Campos, and Mark Figueroa Councilmembers attending remotely: Councilmembers absent: None Staff present: Harold Stewart, City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Kevin Hebdon, Finance Director; Kevin Crowley, Fire Chief; Drew Pollum, City Attorney; Haylie Matson, Community & Economic Development Director; Sara Matzen, Human Resources Director; Arman Rashid, IT Director; Ken Roske, Police Chief; Maria Serra, Public Works Director; and Debby Barham, City Clerk; Krystle Shanks, Deputy City Clerk The meeting was opened with the Pledge of Allegiance. OATH OF OFFICE - COUNCILMEMBER Mayor Grimm administered the Oath of Office to newly appointed Councilmember, Joe Cotta. VERBAL REPORTS FROM COUNCILMEMBERS Councilmember Campos took a tour of the Pasco Aquatics Facility, attended the Purple Heart Ceremony for Officer Hanks, and attended the Summer's HUB of Pasco event. Mayor Grimm thanked Councilmembers for attending water access meetings. Mayor Page 1 of 3Page 6 of 213 Grimm also attended the Firemen Pension Board meeting along with Mayor Pro Tem Milne prior to the Council meeting. ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT Preliminary Franklin County Solid Waste Management Plan Ms. Serra introduced Wendy Mifflin, Herrera Inc., the consultant who presented the draft Franklin County Solid Waste Management Plan and responded to questions from Councilmembers. Jeff Thompson with Basin Disposal, Inc. (BDI), and is part of the Solid Waste Advisory Committee (SWAC), also responded to Councilmember questions. Mayor Grimm called for public comments three (3) times and no one came forward to speak. Introduction of Quasi Judicial Item - Ordinance for Rocky Hills Management LP "Wilson Estates" Rezone from R-T to R-1 (Z2025-009) Mr. Pollon read the quasi-judicial process and asked if any members of Council or the audience had any conflicts of interest or declarations, and none were received. Ms. Matson then presented on quasi-judicial decisions in the City of Pasco, and briefly on the proposed rezone application from Rocky Hills Management LP, "Wilson Estates" from R-T (Residential Transition) to R-1 (Low Density Residential), which will be coming to Council. Council questions and discussion ensued on the quasi-judicial process. Mayor Grimm called for public comments three (3) times and no one came forward to speak. 5 Resolutions - Helena 1 and 2 Development Reimbursement Agreements with Broetje Orchard LLC and Jubilee Foundation Ms. Matson provided an overview on developer agreements and gave a brief report on the proposed development reimbursement agreements with Broetje Orchard LLC and Jubilee Foundation. Mayor Grimm called for public comments three (3) times and no one came forward to speak. Resolution – Project Acceptance for the Citywide Genetec Enterprise Access Control System Mr. Rashid provided a brief report on the citywide Genetec Enterprise Access Control System project and explained that with Council approval, the project will Page 2 of 3Page 7 of 213 be concluded. This item will come back for Council action at the January 20, 2026 Council Meeting. Mayor Grimm called for public comments three (3) times and no one came forward to speak. Resolution - Professional Services Agreement Amendment No. 3 with RH2 Engineering, Inc. for Design Services for the Process Water Reuse Facility Phase 4 Irrigation System Farm Upgrades Project Ms. Serra provided a brief report on the proposed amendment for the Process Water Reuse Facility (PWRF) Phase 4 project. Council questions and discussion ensued with staff. Mayor Grimm called for public comments three (3) times and no one came forward to speak. MISCELLANEOUS COUNCIL DISCUSSION Mr. Stewart noted that staff was pulling the executive session from the meeting. Mayor Grimm and Council discussed Council Assignments on various boards and committees, but the assignments. ADJOURNMENT There being no further business, the meeting was adjourned at 8:06 PM. PASSED and APPROVED on _______________________. APPROVED: ATTEST: Charles Grimm, Mayor Krystle Shanks, Deputy City Clerk Page 3 of 3Page 8 of 213 MINUTES City Council Regular Meeting 7:00 PM - Tuesday, January 20, 2026 Pasco City Hall, Council Chambers & Microsoft Teams Webinar CALL TO ORDER The meeting was called to order at 7:00 PM by Charles Grimm, Mayor. ROLL CALL Councilmembers present: Charles Grimm, David Milne, Mark Figueroa, Leo Perales, Joe Cotta, Calixto Hernandez, and Abel Campos Councilmembers attending remotely: Councilmembers absent: None Staff present: Harold Stewart, City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Kevin Crowley, Fire Chief; Kevin Hebdon, Finance Director; Daniel Kenny, City Attorney; Haylie Matson, Community & Economic Development Director; Sara Matzen, Human Resources Director; Arman Rashid, IT Director; Ken Roske, Police Chief; Maria Serra, Public Works Director; Debby Barham, City Clerk; and Krystle Shanks, Deputy City Clerk The meeting was opened with the Pledge of Allegiance. Mayor Pro Tem Milne arrived at 7:04 PM. CONSENT AGENDA Approval of Meeting Minutes for January 5th To approve the minutes of the Pasco City Council Regular Meeting held on January 5, 2026. Bills and Communications - Approving Claims in the Total Amount of $6,229,294.35 To approve claims in the total amount of $6,229,294.35 ($2,316,475.25 in Check Page 1 of 8Page 9 of 213 Nos. 275767 - 275970; $2,587,391.63 in Electronic Transfer Nos. 851773 - 851846, 851868 - 851959, 851977 - 852036, 852040 - 852047, 852052 - 852053; $17,325.97 in Check Nos. 55123 - 55133; $1,308,101.50 in Electronic Transfer Nos. 30236004 - 30236705). Resolution No. 4693 - Professional Services Agreement Amendment No. 3 with RH2 Engineering, Inc. for Design Services for the Process Water Reuse Facility Phase 4 Irrigation System Farm Upgrades Project To approve Resolution No. 4693, authorizing the City Manager to execute Amendment No. 3 for the professional services agreement with RH2 Engineering, Inc. for the design of the Process Water Reused Facility (PWRF) Improvement Phase 4: Irrigation System Farm Upgrades Project. Resolution Nos. 4694, 4695, 4696, 4697 & 4698 - Helena 1 and 2 Development Reimbursement Agreements with Broetje Orchard LLC and Jubilee Foundation To approve Resolution No. 4694, authorizing a Utility Developer Reimbursement (Latecomer) Agreement with Broetje Orchards, LLC, for the construction of sewer utility improvements for Helena 1, a residential subdivision. To approve Resolution No. 4695, authorizing a Street System Developer Reimbursement (Latecomer) Agreement with Broetje Orchards, LLC, for the construction of street improvements for Helena 1, a residential subdivision. To approve Resolution No. 4696, authorizing a Utility Developer Reimbursement (Latecomer) Agreement with Broetje Orchards, LLC, for the construction of water utility improvements for Helena 1, a residential subdivision. To approve Resolution No. 4697, authorizing a Street System Developer Reimbursement (Latecomer) Agreement with Jubilee Foundation for the construction of street improvements for Helena 2, a residential subdivision. To approve Resolution No. 4698, authorizing a Utility Developer Reimbursement (Latecomer) Agreement with Jubilee Foundation for the construction of water utility improvements for Helena 2, a residential subdivision. Resolution No. 4699 – Project Acceptance for the Citywide Genetec Enterprise Access Control System To approve Resolution No. 4699, accepting work performed by Interwest Technologies Systems Inc., under contract for the Citywide Genetec Enterprise Access Control System project. *Resolution No. 4700 - Service Agreement between Hanford Mission Integration Solutions (HIMS) and the City of Pasco for use of the Emergency Vehicle Operations Course Page 2 of 8Page 10 of 213 To approve Resolution No. 4700, authorizing the City Manager to execute a Service Agreement between Hanford Mission Integration Solutions and the City of Pasco for use of the Emergency Vehicle Operations Course (EVOC). MOTION: Councilmember Perales moved, seconded by Councilmember Hernandez to approve the Consent Agenda as read. RESULT: Motion carried by Roll Call (RC) vote. 7-0 AYES: Mayor Grimm, Mayor Pro Tem Milne, Councilmember Figueroa, Councilmember Perales, Councilmember Cotta, Councilmember Hernandez, and Councilmember Campos PROCLAMATIONS AND ACKNOWLEDGEMENTS City Clerk Debra Barham Appreciation Day Proclamation Mayor Grimm read the proclamation for "City Clerk Debra Barham Appreciation Day" scheduled for January 23, 2026 and present the proclamation to City Clerk Barham. PUBLIC COMMENTS Mary Mahoney discussed the Tri-Cities Animal Control and Local Improvement District (LID). Shawn Milligan, owner of Three Rivers Ranch Project, spoke on the proposed ordinance related to Ordinance No. 4804 - Adjustment to Utility Rate and Connection Fee - Water and Sewer. Amber Wade, Pasco resident, discussed affordable housing issues and rental property standards and held up a sign to visual her comments. Jon Padvorac, land use consultant, spoke on the proposed ordinance related to Ordinance No. 4804 - Adjustment to Utility Rate and Connection Fee - Water and Sewer Laurie Thompson, Pasco resident, discussed ongoing issues related to fireworks. Matt Heuer, Tri-Cities Realtors Association, spoke on the proposed ordinance related to Ordinance No. 4804 - Adjustment to Utility Rate and Connection Fee - Water and Sewer. George Dockstader, Pasco resident and business owner, spoke on the proposed ordinance related to Ordinance No. 4804 - Adjustment to Utility Rate and Connection Fee - Water and Sewer. REPORTS FROM COMMITTEES AND/OR OFFICERS Page 3 of 8Page 11 of 213 Verbal Reports from Councilmembers Mayor Pro Tem Milne attended the Agriculture (Ag) Hall of Fame. Mayor Grimm attended the Franklin County Emergency Management Board meeting, the Ben Franklin Transit meeting and the Ben Franklin Council of Governments meeting. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Q Ordinance No. 4812 - Rocky Hills Management LP "Wilson Estates" Rezone from R-T to R-1 (Z2025-009) Ms. Matson introduced City Attorney Daniel Kenny who read the quasi-judicial procedures. Mr. Kenny read the quasi-judicial procedure including how the Appearance of Fairness Doctrine applies to it. Next, he asked all councilmembers a series of questions associated with potential conflicts of interest to disclose such potential conflicts or appearance of conflicts. With no response from Councilmembers, he asked if any members of the public were seeking to disqualify a member of Council from participating in the proceedings. No one came forward. Ms. Matson provided a brief point of clarification, noting that a closed record hearing would not be held for this item because no appeals were received, which would have otherwise triggered a closed record hearing. She then presented a brief report on the proposed ordinance for the Rocky Hills Management LP “Wilson Estates” rezone from R-T to R-1. Ms. Matson clarified that no closed record hearing was scheduled due to the absence of an appeal and presented the proposed ordinance to rezone the Wilson Estates property from R-T Residential Transition to R-1 Low Density Residential. Council and staff discussed the density concerns, the Growth Management Act and and voiced frustration over legal constraints under state law. Councilmember Perales moved, to not adopt Ordinance No. 4812, amending the zoning classification of certain real property located north of Burns Road, west of Broadmoor Boulevard, south of future Dent Road, and east of future Dent/Fraser Road in Pasco, Franklin County, Washington, from R-T (Residential Transition) to R-1 (Low Density Residential) and, further, authorize publication by summary only. There was no second, therefore the motion did not move forward. Page 4 of 8Page 12 of 213 MOTION: Councilmember Perales moved, seconded by Councilmember Figueroa to adopt Ordinance No. 4812, amending the zoning classification of certain real property located north of Burns Road, west of Broadmoor Boulevard, south of future Dent Road, and east of future Dent/Fraser Road in Pasco, Franklin County, Washington, from R-T (Residential Transition) to R-1 (Low Density Residential) and, further, authorize publication by summary only. RESULT: Motion carried 6-1 AYES: Mayor Grimm, Mayor Pro Tem Milne, Councilmember Figueroa, Councilmember Cotta, Councilmember Hernandez, and Councilmember Campos NAYS: Councilmember Perales Resolution No. 4701 - 2026-2027 City Council Representation on Local & Regional Boards and Committees Ms. Barham provided a brief report on the 2026-2027 City Council Representation on Local & Regional Boards and Committees, that had been previously been discussed by Council with follow-up coordination with the Mayor and Councilmembers. MOTION: Councilmember Perales moved, seconded by Mayor Pro Tem Milne to approve Resolution No. 4701, confirming Mayoral assignments of Councilmembers to various community boards and committees for the years 2026-2027. RESULT: Motion carried 7-0 AYES: Mayor Grimm, Mayor Pro Tem Milne, Councilmember Figueroa, Councilmember Perales, Councilmember Cotta, Councilmember Hernandez, and Councilmember Campos UNFINISHED BUSINESS Ordinance No. 4804 - Adjustment to Utility Rate and Connection Fee - Water and Sewer Ms. Serra presented on the proposed adjustments to water and sewer utility rates and connection fees, outlining proposed multi-year rate increases, revised connection fee methodology, and the need to fund system capacity, replacement, and compliance requirements. Mr. Stewart added that staff have listened to feedback, which has led to the proposed effective date of January 1, 2027, and expanded on Ms. Serra’s comments. Council and staff discussed in length the proposed water and sewer rate increases and connection fees in relation to affordability impacts, growth Page 5 of 8Page 13 of 213 demands, speculative market, infrastructure needs, and timing considerations related to financing and capacity. Council also acknowledged the significance of the matter and the potential impacts on residents and the City, irrespective of the ordinance’s outcome. Councilmember Perales moved to separate the connection fees and the water and sewer rates, and for the connection charge to be looked at a later meeting and grandfather in all preliminary plats. There was no second, therefore the motion did not move forward. MOTION: Councilmember Perales moved, seconded by Councilmember Figueroa to adopt Ordinance No. 4804, amending and repealing Sections of Pasco Municipal Code in Chapter 3.35 Fee Summary and amending and repealing Sections in Title 13 Water and Sewers to adjust rates and connection fees for City Water and Sewer Utilities and, further authorize publication by summary only. RESULT: Motion carried by Roll Call (RC) vote. 5-2 AYES: Mayor Grimm, Councilmember Figueroa, Councilmember Cotta, Councilmember Hernandez, and Councilmember Campos NAYS: Mayor Pro Tem Milne and Councilmember Perales Resolution No. 4681 - Authorization of a $14.727 Million Dollar DWSRF Loan -Contract No. DWL31572-0 Ms. Serra presented a brief report on the proposed resolution authorizing acceptance of a $14.727 million DWSRF loan, noting the acceptance period had exceeded 60 days but the City remained eligible to accept the loan if approved. MOTION: Councilmember Perales moved, seconded by Councilmember Figueroa to approve Resolution No. 4681, approving and authorizing the execution of a $14.727 million dollar Drinking Water State Revolving Fund Loan Contract No. DWL 31572-0 with the Washington State Department of Health for the Butterfield Water Treatment Plant Raw Water Pump Station and Electrical Improvements project. RESULT: Motion carried 7-0 AYES: Mayor Grimm, Mayor Pro Tem Milne, Councilmember Figueroa, Councilmember Perales, Councilmember Cotta, Councilmember Hernandez, and Councilmember Campos Approve Tri-City Regional Hotel-Motel Commission (TCRHMC) Tourism Promotion Area (TPA) 2026 Budget and Marketing Plan Mr. Stewart provided a brief report on the approval of the Tri-City Hotel-Motel Commission (TCRHMC) Tourism Promotion Area (TPA) 2026 Budget and Page 6 of 8Page 14 of 213 Marketing Plan. MOTION: Councilmember Perales moved, seconded by Mayor Pro Tem Milne to approve the Tri-City Regional Hotel-Motel Commission (TCRHMC) 2026 Budget and Marketing Plan. RESULT: Motion carried 7-0 AYES: Mayor Grimm, Mayor Pro Tem Milne, Councilmember Figueroa, Councilmember Perales, Councilmember Cotta, Councilmember Hernandez, and Councilmember Campos MISCELLANEOUS DISCUSSION Mr. Stewart noted the City Manager’s report was included in the packet and expressed appreciation for City Clerk Debra Barham's service, inviting Council to attend her retirement send-off. He also reported that staff would be traveling to Olympia to engage with state legislators regarding Growth Management Act and other legislative issues impacting local control. Councilmember Perales raised concerns regarding the recent proposal of a Level III sex offender facility in Kennewick, and requested a briefing on Pasco’s role, notification requirements, and potential legislative options. Mr. Stewart responded that the facility complies with state law, which limits local authority, and noted the Pasco staff are monitoring proposed legislation, coordinating with the City Attorney, and will provide a future briefing on the issue. Councilmember Perales also addressed community concerns related to noise, fireworks, and quality-of-life impacts, referencing significant public engagement on the issue. Mr. Stewart responded that fireworks enforcement is scheduled for discussion at the February 9th Council workshop meeting. Mayor Grimm acknowledged the discussion, referenced Martin Luther King Jr. Day, offered closing remarks by reading a quote from Martin Luther King Jr. ADJOURNMENT There being no further business, the meeting was adjourned at 9:28 PM. PASSED and APPROVED on _______________________. APPROVED: ATTEST: Charles Grimm, Mayor Krystle Shanks, Deputy City Clerk Page 7 of 8Page 15 of 213 Page 8 of 8Page 16 of 213 AGENDA REPORT FOR: City Council January 22, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 2/2/26 FROM: Kevin Hebdon, Director Finance SUBJECT: Bills and Communications - Approving Claims in the Total Amount of $5,026,886.84 I. ATTACHMENT(S): Accounts Payable 01.08.26 to 01.21.26 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $5,026,886.84 ($3,184,950.37 in Check Nos. 275971 - 276278; $558,730.10 in Electronic Transfer Nos. 852202 - 852208; $9,589.94 in Check Nos. 55134 - 55139; $1,273,616.43 in Electronic Transfer Nos. 30236706 - 30237399). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: There are two categories of accounts receivable write-offs: 1. Direct write-offs are small in value or, in the case of Ambulance Fund, reflect a reduction of fees related to a discount required by DSHS and Medicare. These direct write-offs are not sent to collection. 2. Write-offs referred to collection and have been in arrears for a given number of days and exceed minimum values that move them out of the direct write-off category. Please see the summary page attached to this agenda item for details. V. DISCUSSION: Page 17 of 213 REPORTING PERIOD: February 2, 2026 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 275971 - 276278 55134 - 55139 Total Check Amount $3,184,950.37 $9,589.94 Total Checks 3,194,540.31$ Electronic Transfer Numbers 852202 - 852208 30236706 - 30237399 Total EFT Amount $558,730.10 $1,273,616.43 $0.00 $0.00 Total EFTs 1,832,346.53$ Grand Total 5,026,886.84$ Councilmember B 100 834,810.72 110 62,321.07 125 10,755.00 140 1,336.82 142 167,675.24 145 1,944.26 150 46,500.24 160 9,831.65 165 18,024.15 168 25,315.82 170 1,520.50 180 1,998.89 185 120.96 188 42,541.36 190 845.25 194 140.10 195 74.00 196 HOTEL/ MOTEL EXCISE TAX 30,752.28 367 1,211,184.28 410 573,410.88 510 58,785.78 511 15,124.57 516 89,787.22 520 180,938.16 690 1,641,147.64 GRAND TOTAL ALL FUNDS:5,026,886.84$ PAYROLL CLEARING UTILITY, WATER/ SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/ DENTAL/ VISION INSURANCE ECONOMIC DEVELOPMENT STADIUM/ CONVENTION CENTER GENERAL CAP PROJECT CONSTRUCTION MULTI-MODAL FACILITY RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMENT LODGING REVOLVING ABATEMENT CEMETERY ATHLETIC PROGRAMS ANIMAL CONTROL SENIOR CENTER OPERATING C.D. BLOCK GRANT HOME CONSORTIUM GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE Councilmember A SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET TRANSPORTATION IMPACT FEE City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Harold Stewart, City Manager Kevin Hebdon, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 2nd day of February, 2026 that the merchandise or services hereinafter specified have been received and are approved for payment: January 8 to January 21, 2026 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council Page 18 of 213 AGENDA REPORT FOR: City Council January 8, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 2/2/26 FROM: Maria Serra, Director Public Works SUBJECT: Required for Work of Acceptance MLB 4702 No. Resolution - Improvements at GESA Stadium - Female Locker Room Improvements (Phase 1-A) I. ATTACHMENT(S): Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4702, accepting work performed by Banlin Construction of Kennewick WA, under contract for the MLB Required Improvements at GESA Stadium -Female Locker Room Improvements (Phase 1-A) Project. III. FISCAL IMPACT: (MLB) Baseball League Major The for contract construction Required 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. Page 19 of 213 CO Number Improvements 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) 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 cages In installed. were 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. Page 20 of 213 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. This item was presented to Council at the January 26, 2026, Workshop as a discussion item. Constraints (Time or other considerations): The MLB-mandated improvements are required for the stadium to meet current 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 the 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 21 of 213 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, PLLC City Clerk City Attorney Page 22 of 213 AGENDA REPORT FOR: City Council December 31, 2025 TO: Harold Stewart, City Manager City Council Regular Meeting: 2/2/26 FROM: Ken Roske, Police Chief Police Department SUBJECT: *Resolution No. 4703 - Interlocal Agreement with and Southeast Regional Internet Crimes Against Children I. ATTACHMENT(S): Proposed Resolution Interlocal Agreement between the City of Pasco and Southeast Regional Internet Crimes Against Children II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: City the authorizing 4703, No. Resolution approve to move I Manager to Execute an amended and restated Southeast Regional internet Crimes Against Children Task Force (SERICAC) Interlocal Cooperative Agreement. III. FISCAL IMPACT: The agreement includes an annual contribution of $5,000 to support training and specialized equipment for investigators. This cost is already included in the Police Department's budget and does not require additional funding. IV. HISTORY AND FACTS BRIEF: Background: Southeast Regional Internet Crimes Against Children (SERICAC) Task Force is a partnership between local and federal law enforcement agencies that focuses on investigating internet-based crimes involving the exploitation of children. Participating agencies include the Cities of Pasco, Richland, and Kennewick; Benton County; and federal partners from Homeland Security Investigations. The amended agreement updates and replaces a prior agreement and clearly outlines how the task force operates, how agencies participate, and how Page 23 of 213 responsibilities and costs are shared. Impact (other than fiscal): Approval of this agreement allows Pasco to continue working with regional and federal partners to investigate serious crimes, protect children, and improve public to ability City's the respond collaboration This safety. strengthens effectively to complex online investigations. V. DISCUSSION: Recommendation: Staff recommends approval of the updated interlocal agreement to maintain Pasco's participation in the regional task force. Constraints (time or other considerations): All participating agencies must approve the agreement to ensure continued task force operations without interruption. Next Steps:  The City Manager will execute the agreement following Council approval.  The agreement will be filed and posted in accordance with state law.  The Police Department will continue participation under the updated terms. Alternatively, Council may:  Decline approval, which would end Pasco's participation in the task force.  Delay action for additional review. Page 24 of 213 Resolution - SERICAC ILA - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED SOUTHEAST REGIONAL INTERNET CRIMES AGAINST CHILDREN TASK FORCE (SERICAC) INTERLOCAL COOPERATIVE AGREEMENT. WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this state through the execution of an interlocal cooperative or interagency agreement; and, WHEREAS, The Cities of Pasco, Richland, and Kennewick, Benton County, and federal law enforcement partners have historically participated in the Southeast Regional internet Crimes Against Children (SERICAC) Task Force to investigate, prosecute, and deter internet-based crimes against children; and WHEREAS, the SERICAC Task Force operates as part of the National Internet Crimes Against Children (ICAC) Task Force Program, which promotes a coordinated, multi-jurisdictional approach to complex cybercrime investigations involving the exploitation of children; and WHEREAS, the Amended and Restated SERICAC Interlocal Agreement updates governance, participation, operational responsibilities, and funding provisions to reflect current practices and ensure continued regional collaboration; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that continued participation in the SERICAC Task Force serves the public interest by enhancing investigative capacity, regional coordination, and the protection of children within the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: The City Council approves the terms and conditions of the Amended and Restated Southeast Regional Internet Crimes Against Children Task Force and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco. Be It Further Resolved, that this Resolution shall take effect immediately. Page 25 of 213 Resolution - SERICAC ILA - 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, PPC City Clerk City Attorney Page 26 of 213 SERICAC Interlocal Agreement (2026) Page 1 Upon Recording, Return to: Richland City Attorney 505 Swift Blvd. MS-07 Richland, WA 99352 AMENDED AND RESTATED SOUTHEAST REGIONAL INTERNET CRIMES AGAINST CHILDREN TASK FORCE (SERICAC) INTERLOCAL AGREEMENT THIS INTERLOCAL COOPERATIVE AGREEMENT (hereinafter “Agreement”) is made and entered into by and between the Cities of RICHLAND, KENNEWICK and PASCO, the County of BENTON, and the Department of HOMELAND SECURITY (DHS), Immigration and Customs Enforcement, Homeland Security Investigations Seattle (“HSI-Seattle”) (collectively, the “Parties”), and shall be effective on the date on which it was executed after adoption by the legislative authority of the last executing Party. WHEREAS, Chapter 39.34, RCW (Interlocal Cooperation Act) permits local government units to make the most efficient use of their powers by enabling them to cooperate with other localities and thereby to provide services and facilities in a manner that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, The Washington Mutual Aid Peace Officer Powers Act of 1995, codified as RCW 10.93, is liberally construed to promote mutual aid and cooperative enforcement of the laws among general authority local, state, and federal agencies; and WHEREAS, the Department of Justice (DOJ) and the Office of Juvenile Justice and Delinquency Prevention (OJJDP) have created the Internet Crimes Against Children (ICAC) Task Force Program, which is a national network of state and local law enforcement cybercrime units; and WHEREAS, the ICAC Task Force Program assists federal, state and local law enforcement agencies in developing an effective response to cyber enticement and child pornography cases, to include investigative and forensic components, training and technical assistance, victim services and community education. Due in large part to the technological aspects of these cases, the ICAC Task Force Program promotes a multi-jurisdictional, multi-agency, team approach to investigating and prosecuting ICAC cases; and WHEREAS, the ICAC Task Force Program’s goals are to increase the investigation and prosecution of ICAC offenses, and to increase public awareness and prevention of ICAC offenses; and Page 27 of 213 SERICAC Interlocal Agreement (2026) Page 2 WHEREAS, the national policy objectives for the ICAC Task Force Program are: (1) increase the investigative capabilities, including the effectiveness and efficiency, of law enforcement officers in the detection, investigation of qualifying offenses and the apprehension of offenders; (2) increase the number of ICAC-qualifying (state and federal) offenses being prosecuted; (3) create a multi-agency task force response to ICAC offenses; (4) enhance the nationwide response to ICAC offenses; and (5) develop and deliver ICAC public awareness and prevention programs; and WHEREAS, the primary purpose of the ICAC Task Force Program is to investigate, prosecute, and deter the possession, production, and distribution of child pornography and the utilization of the Internet to seek children as sexual victims; and WHEREAS, creation of a regional ICAC Task Force comprised of local jurisdictions pooling resources and knowledge to investigate, prosecute and deter the possession, production, and distribution of child pornography and the utilization of the Internet to seek children as sexual victims serves the public’s best interest. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, and upon approval of each of Party in accordance with RCW 39.34, the Parties do hereby agree as follows: 1. PURPOSE. The purpose of this Agreement is to establish a regional Internet Crimes Against Children (ICAC) Task Force consisting of law enforcement officers from the participating agencies who shall be responsible for investigating, prosecuting, and deterring the possession, production, and distribution of child pornography and the utilization of the Internet to seek children as sexual victims. 2. FORMATION. Upon the effective date of this Agreement as specified herein, there shall be established the Southeast Regional Internet Crimes Against Children (SERICAC) Task Force consisting of law enforcement officers from the participating agencies. HSI-Seattle shall supply office space for the SERICAC Task Force. Participating law enforcement officers will, within the limitations of their resources, conduct both reactive and proactive investigations, including the following activities: a. Actively engaging in undercover chats, Peer-to-Peer investigations, and monitoring other technology which could be used for the sexual exploitation of children. b. Responding in a timely manner to referrals from local law enforcement agencies and CyberTips as workload and resources permit. In order to maintain a strong team capable of deploying a proactive approach, referrals shall be distributed among participating jurisdictions in a balanced and equitable ratio. c. Participating in community outreach and media presentations stressing the importance of Internet safety protocols and the prevention of victimization of youth. Page 28 of 213 SERICAC Interlocal Agreement (2026) Page 3 3. FULL-TIME/PART-TIME PARTICIPATION. Member agencies of SERICAC will participate on either a full-time or a part-time basis. a. Full-Time Participating Agencies. Full-time participating agencies will designate an investigator whose primary duties will be as an ICAC Detective/Agent assigned to the SERICAC Task Force. The SERICAC Task Force will attempt to work proactive and Cybertip cases primarily in the jurisdictions of the full-time participating agencies, understanding that these cases often cross jurisdictional boundaries. b. Part-time participating agencies will provide resources on a part-time or “as time permits” basis. In return, the SERICAC Task Force will assist with resources and expertise, to the extent reasonably possible, when the part-time participating agency requests assistance with a case. 4. TERM OF AGREEMENT. This Agreement shall be of unlimited duration, subject to the termination provisions contained herein. This Agreement shall become effective only upon execution by all Parties and filing with each County Auditor and/or posting an electronic copy of the Agreement on each Parties’ respective websites in compliance with RCW 39.34.040. The effective date of this Agreement shall be the date the last-signing Party executes the Agreement after obtaining the requisite legislative approval. 5. WITHDRAWAL AND TERMINATION. A party may withdraw from participation in the SERICAC Task Force by providing written notice of intent to withdraw to the chief law enforcement officer for each participating jurisdiction. Notice of withdrawal shall become effective ninety (90) days after service of the notice. a. Effect of Withdrawal. A party that withdraws from the SERICAC Task Force prior to the termination of this SERICAC Task Force Interlocal Agreement shall forfeit all equipment and monies received as the result of lawful seizure by the SERICAC Task Force, or purchased with grant funds provided to the SERICAC Task Force. Equipment provided exclusively by the participating jurisdiction for use by its representative officer shall remain the property of the agency and shall be returned. Upon return, no depreciation value shall be recognized in aging equipment. b. Termination. This Agreement shall be terminated by mutual agreement of the local participating jurisdictions (excluding HSI-Seattle), or at the discretion of the sole remaining local jurisdiction in the event all other local participants withdraw from the SERICAC. Termination shall be effective on the 30th day following the date approval is given by the last-approving legislative body. c. Effect of Termination. Upon termination of the SERICAC as provided in Section 5.b. of this Agreement, each participating jurisdiction shall retain ownership of the equipment and monies it received that were lawfully seized by the SERICAC. Page 29 of 213 SERICAC Interlocal Agreement (2026) Page 4 Equipment provided exclusively by the participating jurisdiction for use by its representative officer shall remain the property of the agency and shall be returned. Upon return, no depreciation value shall be recognized in aging equipment. Any remaining assets owned by the SERICAC shall be divided equally among the participating jurisdictions upon termination of this Agreement unless a different allocation is mutually agreed to by all Parties. 6. TASK FORCE COMPOSITION; SELECTION. Each party commits to providing the following personnel and assigned equipment to the SERICAC Task Force: FULL-TIME PARTICIPATING AGENCIES • City of Richland 1 commander in the rank of Lieutenant or above 1 Sergeant; 1 Investigator • City of Kennewick 1 Investigator • Benton County 1 Investigator PART-TIME PARTICIPATING AGENCIES • HSI-Seattle 2 Special Agents – Note: Other aspects of the HSI mission may take precedence and may render the Special Agent temporarily or permanently unavailable. • City of Pasco 1 Investigator a. Selection and Removal. Selection of officers to serve on SERICAC shall be per each respective appointing agency’s policy or collective bargaining agreement regarding selection for service on a specialty team. Every investigator assigned to SERICAC will serve a six (6) month probationary period, during which time the SERICAC Task Force Supervisor will monitor the investigator’s suitability for the assignment. Removal from the SERICAC Task Force by the SERICAC Task Force Supervisor may occur at any time, without just cause and without recourse, during an investigator’s six (6) month probation. After an investigator’s probationary period has concluded, removal from the SERICAC Task Force shall occur in compliance with the respective appointing agency’s policy or collective bargaining agreement related to removal from a specialty team. b. Voluntary Withdrawal. Due to the nature of the cases investigated by the SERICAC Task Force, one or more investigators may reach a point where, for mental or physical health reasons, they are no longer a suitable fit to serve on the Task Force. Should an investigator request voluntary withdrawal from the SERICAC Task Force for this reason, his/her request shall be granted, and the investigator will not be expected to continue to participate for any previously-identified minimum assignment period. Page 30 of 213 SERICAC Interlocal Agreement (2026) Page 5 c. As soon as practical, Detectives assigned to the SERICAC Task Force will be designated as Task Force Officers through the Department of Homeland Security, HSI- Seattle. d. Computer Forensics/Cell phone Extraction. Due to the nature of the investigations, most cases will require computer forensic examinations and/or cell phone extractions. On an “as-needed” basis, each participating jurisdiction will provide computer forensic and cell phone extraction assistance with cases originating in their jurisdiction. e. SERICAC Administrator. The City of Richland shall serve in the capacity of administrative jurisdiction under this Agreement, and shall supply a supervisory person of the grade of lieutenant or captain to provide administrative oversite. Selection and retention of the SERICAC administrator shall be at the discretion of the Richland Police Chief. f. Evidence Retention. Any evidence recovered by the SERICAC Task Force will be processed and stored depending on the case’s jurisdiction. For cases prosecuted by the U.S. Attorney’s Office, the evidence will be processed and retained by HSI-Seattle. When cases will be prosecuted at the state level, the evidence will be processed and retained by the Richland Police Department. 7. GOVERNANCE. The SERICAC Task Force shall be an affiliate of the Washington State Internet Crimes Against Children Task Force. The regional unit will abide by the following ICAC Investigation Standards: a. Only sworn law enforcement personnel may conduct ICAC investigations. b. Each investigator involved with ICAC operations must receive ICAC training prior to initiating proactive investigations. c. All ICAC investigations shall be governed by and conducted in strict compliance with the ICAC Task Force Program’s Operational and Investigative Standards to the extent that they do not contravene HSI operational and investigative policy. d. Where an investigation reveals that the safety of a child is at risk, the safety and well- being of the child will clearly outweigh any consideration being given to the continued investigation. 8. ICAC CASE PROSECUTION. Cases investigated by the SERICAC Task Force may be prosecuted in federal or state court. SERICAC and participating agencies will consult with the U.S. Attorney’s Office and the appropriate county Prosecutor’s Office to make referral decisions that, to the greatest possible extent: (1) reflect the seriousness of the offense; (2) promote respect for the law; (3) provide just punishment for the offense; (4) afford adequate Page 31 of 213 SERICAC Interlocal Agreement (2026) Page 6 deterrence to criminal conduct; (5) protect the public from further crimes of the defendant; and, (6) provide the defendant with the needed educational or vocational training, medical care, or other correctional treatment in the most effective manner. Prosecutors will consult with law enforcement throughout the case about charging decisions and sentencing recommendations, with prosecutors having the final authority to make such decisions. Research regarding the typical “hands-on” offense histories of those convicted as on-line offenders and child pornography offenders show that incarceration is the normal expected outcome in ICAC cases. 9. ALLOCATION OF LIABILITY; INDEMNIFICATION. Each party shall be responsible for the wrongful or negligent actions of its employees while assigned to the SERICAC Task Force as their respective liability shall appear under State and Federal law, and this Agreement is not intended to diminish or expand such liability. a. Federal Entities. HSI-Seattle, as part of the United States government, is bound by federal laws including the FTCA and the Anti-Deficiency Act, 31 U.S.C. § 1341. HSI-Seattle is effectively “self-insured” under the FTCA, which provides the United States may be sued for damage to or loss of property, personal injury, or death caused by the negligent or wrongful acts or omissions of HSI-Seattle’s employees while those employees are acting within the scope of their offices. The United States is liable to the same extent an individual would be in like circumstances. The FTCA substitutes the United States as the defendant in such a suit and the United States—not the individual employee—bears any resulting liability. b. State/Local Entities. Pasco, Kennewick, Richland and Benton County promise to hold harmless and release each other from any loss, claim or liability arising from or out of the negligent tortious actions or inactions of its own employees, officers and officials. Such liability shall be apportioned among the Parties or other at-fault persons or entities in accordance with the laws of the State of Washington. Nothing herein shall be interpreted to: i. Waive any defense arising out of RCW Title 51. ii. Limit the ability of a participant to exercise any right, defense, or remedy which a party may have with respect to third parties or the officer(s) whose action or inaction give rise to loss, claim or liability, including, but not limited to, an assertion that the officer(s) was acting beyond the scope of his or her employment. iii. Cover or require indemnification or payment of any judgment against any individual or Agency for intentionally wrongful conduct outside the scope of employment of any individual or for judgment for punitive damages against any individual or agency. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her agency employer, should that employer elect to make said payment voluntarily. This Page 32 of 213 SERICAC Interlocal Agreement (2026) Page 7 Agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions. 10. NOTICES. Written notice shall be directed to the Parties as follows: Benton County Sheriff 7122 W. Okanogan Pl, Bldg B Kennewick, WA 99336 (509) 786-5615 Kennewick Chief of Police 211 W. 6th Avenue Kennewick, WA 99336 509-585-4208 Richland Chief of Police 625 Swift Blvd. MS-17 Richland, WA 99352 (509) 942-7340 Pasco Chief of Police 215 W. Sylvester Street Pasco, WA 99301 509-544-3421 HSI-Seattle Resident Agent in Charge Yakima 402 East Yakima Ave, Suite 1000 Yakima, WA 98901 509-469-0898 11. PUBLIC RECORDS. The intent of the Parties is for all records related to SERICAC investigations to be generated and maintained in the HSI database or on HSI devices. To comply with SERICAC’s obligation to respond to public records requests, and to minimize legal risk to each participating jurisdiction, the Parties agree that all requests for SERICAC Task Force records maintained in the HSI database or generated on HSI devices shall be processed by HSI-Seattle. To the extent that legal review is needed to respond to a request, the ICE Office of the Principal Legal Advisor and/or the U.S. Attorney’s Office shall provide the review. In fulfilling the request, the Parties acknowledge that HSI-Seattle has the ultimate authority to release or withhold records pursuant to the Freedom of Information Act. In the event any Party to this Agreement other than HSI-Seattle holds records related to a SERICAC investigation that are subject to disclosure under the Washington Public Records Act, said Party agrees to give timely notice to HSI-Seattle prior to disclosure, and to coordinate the records response; provided, however, that such coordination shall not abrogate the Party’s authority to determine the applicability of any statutory exemption available under state or federal law. 12. STATISTICS REPORTING. Prior to December 31 of each calendar year, Richland, as the administrative jurisdiction, shall provide to each participating city and county crime statistics for cases investigated and/or prosecuted in their jurisdiction under Washington state law by the SERICAC Task Force. 13. ACQUISITION AND USE OF EQUIPMENT. All equipment purchased for the SERICAC Task Force using OJJDP grant funds or Washington State ICAC funds are the property of the Washington State ICAC Task Force, and shall be considered “on loan” from such entity. Upon Page 33 of 213 SERICAC Interlocal Agreement (2026) Page 8 termination of this Agreement, The Washington State ICAC Task Force Commander shall be responsible for either reallocating the equipment to any jurisdiction still investigating ICAC cases, or reclaiming possession of the equipment. 14. SEIZURES; FORFEITURES. All seizures effectuated by the SERICAC Task Force under RCW 10.105.010(2) or RCW 9.68A shall be forwarded to the contracted prosecutor for the City of Richland for review and prosecution. Richland’s contracted prosecutor shall retain prosecutorial discretion in reviewing, pursuing, negotiating and/or dismissing any forfeiture case presented for prosecution. Richland’s contracted prosecutor will coordinate with participating agencies as necessary. Seizures under federal law will be prosecuted by the U.S. Attorney’s Office. All forfeitures and proceeds from forfeitures that result from SERICAC Task Force seizures shall be allocated to the SERICAC Task Force for ongoing operational needs. 15. FUNDING. The full-time participating agencies commit to the following funding obligations in support of training and equipment for the SERICAC Task Force: a. Training. Each participating agency contributing an investigator shall, at its sole cost and expense, send its investigator to one (1) national ICAC conference per year. This training is in addition to the training necessary for the investigator to become qualified to investigate ICAC cases (i.e., Basic Computer Investigations, Undercover Chat, P2P, etc.). This training shall also be provided at the participating agency’s sole cost and expense. b. Equipment. Each participating agency contributing an investigator shall, at its sole cost and expense, provide the investigator with an unmarked vehicle and basic computer equipment. c. Financial Contribution. Each full-time participating agency contributing an investigator, other than HSI Seattle, shall contribute $5,000 annually to the SERICAC budget to secure the purchase of UC computers, data storage devices, network equipment, software licensing, equipment for field searches, router identification, and other similar technology tools. This annual financial contribution is due on or before December 31 of each year. HSI-Seattle agrees to provide office space to include a designated forensic lab room and overtime reimbursement for federal cases worked by members of the task force pursuant to the terms of the separate State and Local Overtime (SLOT) Agreement. 16. NO LEGAL ENTITY. No separate legal entity is created upon execution of this Interlocal Cooperation Agreement. 17. AMENDMENT. This Agreement may be amended from time-to-time as deemed appropriate by the Parties, provided that such amendment shall become effective only after it has been Page 34 of 213 SERICAC Interlocal Agreement (2026) Page 9 adopted in writing by authorized representatives of each of the Parties after legislative approval. 18. SEVERABILITY. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable as written, the remainder of the Agreement or the applications of the remainder of the Agreement shall not be affected. To this end, the terms and conditions of this Agreement are declared severable. 19. GOVERNING LAW; VENUE. Jurisdiction and venue for any action relating to the interpretation, enforcement, or any dispute arising from this Agreement shall be in Benton County Superior Court. This Agreement shall be construed, and the legal relations between the parties hereto shall be determined in accordance with the laws of the State of Washington. Any action relating to the interpretation, enforcement or any dispute arising from this Agreement involving HSI-Seattle shall be heard in U.S. Federal District Court and shall be determined in accordance with the laws and regulations of the United States. 20. INTEGRATION. This Agreement and the application contain all the terms and conditions agreed upon by the Parties, except necessary operational agreements between the law enforcement agencies of the respective jurisdictions pursuant to Chapter 10.93 RCW. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties. This Agreement shall expressly supersede all prior Agreements among the jurisdictions regarding the SERICAC Task Force creation, operation, and administration. 21. WAIVER. No waiver by any Party hereto of any terms or conditions of this Agreement shall be deemed or construed to be a waiver of any other term or condition, nor shall the waiver of any breach be deemed or construed to constitute a waiver of any subsequent breach, whether of the same or any other term or condition of this Agreement. [Signature Page to Follow] Page 35 of 213 SERICAC Interlocal Agreement (2026) Page 10 In Witness Whereof, the Parties have signed this Agreement as of the day and year written below. City of Richland By: __________________________________________ Jon Amundson, ICMA-CM Date City Manager Attest: ________________________________________ Jennifer Rogers City Clerk Approved As to Form: ___________________________________ Heather Kintzley City Attorney County of Benton _________________________________ ______________________________ By: Michael Alvarez Date By: Eric Eisinger Date Benton County Commissioner Benton County Prosecuting Attorney _________________________________ ______________________________ By: Jerome Delvin Date By: Michael Clark Date Chair, Benton County Commissioner Benton County Sheriff _________________________________ By: William McKay Date Benton County Commissioner Attest: _______________________________ Clerk of the Board Approved as to Form: _______________________________ By: Jeffrey Aultman Chief Deputy Prosecuting Attorney, Civil Page 36 of 213 SERICAC Interlocal Agreement (2026) Page 11 City of Pasco By: _______________________________________ Harold Stewart Date City Manager Attest: _____________________________________ Krystle Shanks City Clerk Approved As to Form: _____________________________ Pasco City Attorney Page 37 of 213 SERICAC Interlocal Agreement (2026) Page 12 City of Kennewick By: _______________________________________ Erin Erdman Date City Manager Attest: _____________________________________ Krystal Johnston City Clerk Approved As to Form: _____________________________ Laurencio Sanguino City Attorney HSI-Seattle By: ______________________________________ Bradford A. Bench Date Special Agent in Charge Seattle Attest: ____________________________________ Approved As to Form: _______________________________ Anne P. McElearney Seattle Office of the Chief Counsel/ OPLA Legal Counsel for HSI-Seattle Page 38 of 213 AGENDA REPORT FOR: City Council December 29, 2025 TO: Harold Stewart, City Manager City Council Regular Meeting: 2/2/26 FROM: Sara Matzen, Director Human Resources SUBJECT: Resolution No. 4704 - 2026 Collective Bargaining Agreement with the Pasco Police Officers Association - Non-Uniform Bargaining Unit I. ATTACHMENT(S): Resolution 2026 Collective Bargaining Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4704, approving the 2026-2026 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees. 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 contributions, retirement 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: Page 39 of 213 Background: The current contract terminates December 31, 2025. Negotiations commenced on September 24, 2025, with this 8-member bargaining unit and after some contract language modifications were 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 across the organization. Clear incorporation of the medical 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 compensation deferred adjustments, wage continuing 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, updated Agreement the 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 labor-management promote stability transparency, and without Page 40 of 213 materially altering established service delivery models. This item was discussed at the January 26, 2026 Council Workshop. 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 the by impacted agreement. and employees for departments 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:  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 increase may extended negotiations terms, favorable more and administrative burden and labor-relations risk. 2. Defer action to a future meeting to allow for additional Council review or discussion. Note: of Deferring ratification would postpone implementation the Page 41 of 213 agreement, including negotiated pay increases. This may impact operational consistency, employee expectations, morale, and the City’s ability to support retention and recruitment efforts during the interim period. Page 42 of 213 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 43 of 213 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 44 of 213 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 45 of 213 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 46 of 213 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 47 of 213 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 48 of 213 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 49 of 213 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 50 of 213 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 51 of 213 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. Page 52 of 213 2026 - 2026 Collective Bargaining Agreement between the City of Pasco and 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 Page 53 of 213 2026 - 2026 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees 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. Page 54 of 213 2026 - 2026 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees Page 11 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. Page 55 of 213 2026 - 2026 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees Page 12 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 Page 56 of 213 2026 - 2026 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees Page 13 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 57 of 213 2026 - 2026 Collective Bargaining Agreement between the City of Pasco and 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. Page 58 of 213 2026 - 2026 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees Page 15 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. Page 59 of 213 2026 - 2026 Collective Bargaining Agreement between the City of Pasco and 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. Page 60 of 213 2026 - 2026 Collective Bargaining Agreement between the City of Pasco and 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. Page 61 of 213 2026 - 2026 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees 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 62 of 213 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 6 3 o f 2 1 3 AGENDA REPORT FOR: City Council January 8, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 2/2/26 FROM: Sara Matzen, Director Human Resources SUBJECT: Resolution No. 4705 - 2026 Collective Bargaining Agreement with the International Union of Operating Engineers Local No. 280 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: MOTION:2026 the 4705, No. approving approve to move I Resolution Collective Bargaining Agreement with the International Union of Operating engineers, Local No. 280. 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 64 of 213 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): 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. The agreement formally incorporates Animal Control and Services employees Page 65 of 213 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 minimizes unintended operational impacts while achieving labor consistency. This item was discussed at the January 27, 2026 Council Workshop meeting. V. DISCUSSION: Recommendation: Collective IUOE 2026 the of Council City 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 and for employees departments impacted by the agreement, and organized is which recently and Services, Control Animal including 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:  280 Local IUOE and Manager the ratification, Council Upon City 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 compensatory time and leave administration, overtime 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.  and The finalized agreement will be posted to the City’s intranet distributed to department leadership for internal communication and implementation. Page 66 of 213 Alternatives: 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 67 of 213 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 68 of 213 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 69 of 213 COLLECTIVE BARGAINING AGREEMENT CITY OF PASCO & INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 280 01/01/2026 – 12/31/2026 Page 70 of 213 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 Page 71 of 213 2 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 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 Page 72 of 213 3 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 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 Page 73 of 213 4 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 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 74 of 213 5 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 Page 75 of 213 6 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 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. Page 76 of 213 7 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. Page 77 of 213 8 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 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 Page 78 of 213 9 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. Page 79 of 213 10 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 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. Page 80 of 213 11 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 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. Page 81 of 213 12 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 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. Page 82 of 213 13 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 Page 83 of 213 14 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2026 – 12/31/2026 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. Page 84 of 213 15 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2026 – 12/31/2026 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 Page 85 of 213 16 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2026 – 12/31/2026 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. Page 86 of 213 17 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2026 – 12/31/2026 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; Page 87 of 213 18 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2026 – 12/31/2026 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 Page 88 of 213 19 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2026 – 12/31/2026 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. Page 89 of 213 20 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2026 – 12/31/2026 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. Page 90 of 213 21 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2026 – 12/31/2026 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 Page 91 of 213 22 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2026 – 12/31/2026 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). Page 92 of 213 23 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2026 – 12/31/2026 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: Page 93 of 213 24 Collective Bargaining Agreement between City of Pasco and IUOE, Local 280 1/1/2026 – 12/31/2026 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 94 of 213 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 95 of 213 26 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 96 of 213 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 97 of 213 28 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 98 of 213 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 99 of 213 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 100 of 213 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 101 of 213 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 102 of 213 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 103 of 213 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 104 of 213 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 105 of 213 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 106 of 213 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 107 of 213 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 108 of 213 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 109 of 213 AGENDA REPORT FOR: City Council November 12, 2025 TO: Harold Stewart, City Manager City Council Regular Meeting: 2/2/26 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Public Hearing - Transportation Benefit District (10 minute staff presentation) I. ATTACHMENT(S): Draft Ordinance Presentation Vehicles Subject to and Exempt from Fees II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBLIC HEARING III. FISCAL IMPACT: Revenue Street Fund - Estimated $1.3 to $2.3 Million The Street Fund, which covers personnel, equipment, and materials for city roadway infrastructure operation and maintenance, has faced a growing structural financial deficit for a long time. While primary revenues like utility taxes and fuel taxes have remained stagnant for a decade, operating expenses continue to rise. Additionally, the number and extent of roadways owned and operated by the City has grown. To manage this gap, starting in 2017, City shifted internal crews to projects funded by the Street Overlay Fund. While this maintains financial stability, it creates an operational trade-off; staff are diverted from core tasks such as:  Pothole repair and crack sealing.  Striping and traffic safety markings.  Ice and snow removal.  Traffic calming. Before 2017, City mostly utilized private contractors for overlay work to keep Page 110 of 213 the small municipal crews focused on these essential services. While the General Fund has occasionally provided subsidies to bridge the gap, current budget constraints make this support increasingly difficult to sustain. City's 2025-2026 budget was prepared with Street Fund slated to be in deficit by nearly $600 thousand. IV. HISTORY AND FACTS BRIEF: Background: A Transportation Benefit District (TBD) is a state-authorized, special-purpose district created to fund transportation improvements within a defined area. The Washington State Legislature authorized the formation of TBDs under RCW 36.73 in 1987, with the intent of providing cities and counties with tools to fund critical transportation investments not covered by traditional revenues. As of 2024, 124 cities across Washington have established TBDs. These include nearby jurisdictions such as:  City of Richland (established 2017), which collects $20 vehicle license fee; recently revised to 0.1% sales tax.  City of Kennewick (established November 2024), which implements a 0.1% sales tax.  City of Prosser (established 2009), which adopted a $25 vehicle license fee.  City of Walla Walla (established 2011), which authorized a 0.2% sales tax. TBDs allow for flexible, locally controlled funding options such as:  A vehicle license fee of up to $50 (incrementally adopted without voter approval). o $20 can be imposed immediately. o $40 can be imposed after $20 has been in effect for 24 months. o $50 can be imposed after $40 has been in effect for 24 months.  A sales tax of up to 0.1% approved by the governing board (if the TBD covers the entire jurisdiction).  A sales tax above 0.1%, or other revenue measures, subject to voter approval. Most cities that have formed a TBD have also passed a subsequent ordinance to "assume" the powers of the TBD, allowing the City Council to govern it directly without needing a separate governing body or meetings. Impacts (Other than fiscal): The funds generated must be used for transportation improvements identified in local, regional, or state transportation plans, including but not limited to roadway projects, preservation, safety preservation, safety non-motorized Page 111 of 213 improvements, and transit-supportive infrastructure. Council has discussed this issue during August 25, 2025 Council Workshop meeting and November 17, 2025 Council Regular meeting. additionally, Council scheduled a Public Hearing on the November 17 meeting. Information on TBD also has been posted on City's social media channels. On November's meeting staff requested City Council's direction on whether to proceed with the establishment of a Transportation Benefit District (TBD) for the purpose of generating improvements. transportation for funding dedicated a stream Council directed staff to bring this item back for discussion in early 2026. V. DISCUSSION: Recommendation: Staff recommends establishing a TBD that shares the same boundaries as the City. This would allow the City to consider the following policy options: Types of TBD 1. Council may authorize a $20 vehicle license fee (also known a car tab fee) by majority vote of the TBD governing board.  This fee would apply to vehicle registrations within the City (complete list attached to this report).  Based on current registration estimates (68,221 vehicles), a $20 fee could in revenue annually generate $1.3 approximately million dedicated to the maintenance and preservation of the City's transportation system. 2. Council may authorize a 0.1% sales tax by majority vote of the TBD governing board.  This fee would apply to any sales tax eligible purchases.  in annually million $2.3 generate to Estimated approximately revenue dedicated to the maintenance and preservation of the City's transportation system. Assumption of TBD Powers The Council may also consider assuming the powers of the TBD.  This action would consolidate governance of the TBD under the City Council and eliminate the need for a separate governing board and separately held meetings, while still requiring compliance with all applicable TBD reporting and policy requirements.  Assumption requires a public hearing and the adoption of an ordinance stating that doing so is in the public interest.  Most jurisdictions in Washington that have established a TBD have subsequently taken this step to streamline administration. Alternatives: Page 112 of 213  Council declines to create a transportation benefit district and direct staff to evaluate other funding sources to maintain City streets.  Council directs staff to explore placing the creation of a transportation benefit district on the ballot. Next Steps:  If decision is made to move forward with creation of TBD o Council decides on vehicle license fee or sales tax. o Staff will prepare an ordinance to establish the TBD and the corresponding revenue source. o Council may also direct staff to bring forward a resolution of intent to assume the TBD's powers, including the scheduling of a public hearing. Page 113 of 213 Ordinance – Creating Chapter 3.270 - TBD - 1 {DPK4906-7173-5688;1/13206.000014/} ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE TO ENACT A NEW CHAPTER 3.270 PASCO TRANSPORTATION BENEFIT DISTRICT, ESTABLISHING A TRANSPORTATION BENEFIT DISTRICT, SPECIFYING THE BOUNDARIES FOR THE TRANSPORTATION BENEFIT DISTRICT, PAVEMENT MAINTENANCE & RECONSTRUCTION, STREET AND TRAFFIC MAINTENANCE AND OPERATIONS, AND OTHER TRANSPORTATION RELATED CAPITAL PROJECTS; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Pasco has the responsibility under the Constitution of the State of Washington for the improvement, maintenance, protection, and operation of public ways within the corporate limits of the City pursuant to RCW 35A.11.020 and Chapter 35A.47 RCW; and WHEREAS, the City has limited transportation funding to pay for necessary pavement maintenance & reconstruction, street and traffic maintenance and operations, and other transportation related capital projects; and WHEREAS, while dedicated revenues have decreased, the ongoing annual costs to preserve and maintain the City’s transportation infrastructure continue to rise leaving the City unable to continue to adequately preserve and maintain the City’s transportation infrastructure; and WHEREAS, Chapter 36.73 RCW provides for the establishment of transportation benefit districts and for the levying of additional revenue sources for transportation improvements within the District that are consistent with existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels; and WHEREAS, RCW 35.21.225 authorizes the City Council to establish a transportation benefit district subject to the provisions of Chapter 36.73 RCW; and WHEREAS, the City desires to form a Transportation Benefit District which includes the entire City of Pasco as the boundaries currently exist or as they may exist following future annexations; and WHEREAS, prior to establishing a Transportation Benefit District, the City Council conducted the required public hearing on February 2, 2026, which was noticed in accordance with RCW 36.73.050. All persons desiring to comment were given a full and complete opportunity to be heard; and Page 114 of 213 Ordinance – Creating Chapter 3.270 - TBD - 2 {DPK4906-7173-5688;1/13206.000014/} WHEREAS, the City Council of the City of Pasco finds it to be in the best interests of the City to establish a Citywide Transportation Benefit District for pavement maintenance and reconstruction, street and traffic maintenance and operations, and other transportation related capital projects consistent with Chapter 36.73 RCW, to protect the City’s long-term investments in that infrastructure, to reduce the risk of transportation facility failure, to improve safety, to continue optimal performance of the infrastructure over time, and to avoid more expensive infrastructure replacements in the future; and WHEREAS, the City Council of the City of Pasco shall be the governing body for the Transportation Benefit District acting in an ex officio and independent capacity. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this Ordinance is to establish a Transportation Benefit District pursuant to RCW 35.21.225 and RCW 36.73. The City Council finds it is in the public interest to provide adequate levels of funding for the purposes of ongoing transportation improvements that preserve, maintain, and as appropriate, construct or reconstruct the transportation infrastructure of the City of Pasco, consistent with Chapter 36.73 RCW. Section 2. Adoption of Chapter. PMC 3.270 Pasco Transportation Benefit District is hereby created and shall read as follows: Chapter 3.270 TRANSPORTATION BENEFIT DISTRICT Sections: 3.270.010 Establishing Transportation Benefit District. 3.270.020 Governing Board. 3.270.030 Functions of the District. 3.270.040 Transportation Improvements Funded. 3.270.050 Dissolution of District. 3.270.010 Establishing Transportation Benefit District. There is created a transportation benefit district to be known as the Pasco Transportation Benefit District or “District” with geographical boundaries comprised of the corporate limits of the City as they currently exist or as they may exist following future annexations. 3.270.020 Governing Board. (1) The governing board or “Board” of the District shall be the Pasco City Council acting in an ex officio and independent capacity, which shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW. Page 115 of 213 Ordinance – Creating Chapter 3.270 - TBD - 3 {DPK4906-7173-5688;1/13206.000014/} (2) The treasurer of the District shall be the City Finance Director. (3) The Board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1). At a minimum, if a transportation improvement exceeds its original cost by more than twenty percent, as identified in the District’s original plan, a public hearing shall be held to solicit public comment regarding how the cost change should be resolved. (4) The Board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). 3.270.030 Functions of the District. The District Board shall have and may exercise any powers provided by law to fulfill the purpose of the District. 3.270.040 Transportation Improvements Funded. The funds generated by the District shall be used for any lawful purpose for Transportation Improvements, as that term is defined in RCW 36.73.015, consistent with the requirements of Chapter 36.73 RCW. 3.270.050 Dissolution of District. The District shall be automatically dissolved when all indebtedness of the District has been retired and when all of the District's anticipated responsibilities have been satisfied. Street preservation, maintenance, and operation are ongoing, long-term obligations of the City. Section 3. 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 4. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 5. Effective Date. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Page 116 of 213 Ordinance – Creating Chapter 3.270 - TBD - 4 {DPK4906-7173-5688;1/13206.000014/} PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2026. _____________________________ Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks Ogden Murphy Wallace, PLLC Deputy City Clerk City Attorney Published: _____________________________ Page 117 of 213 February 2, 2026 Pasco City Council Regular Pa g e 1 1 8 o f 2 1 3 TRANSPORTATION BENEFIT DISTRICT (TBD) 2 •Special Purpose District that funds transportation improvements within specific area. •City Council serves as the governing board of the district, holding separate meeting as the TBD. •City Council can decide to assume powers of TBD, so a different board is not needed. •124 cities in Washington state have adopted TBD. Pa g e 1 1 9 o f 2 1 3 REVENUE TYPES – Vehicle License Fee 3 •Up to $50 can be implemented by majority vote of the governing board, but must be phased in over time: •$20 can be imposed immediately. •$40 can be imposed after $20 has been in effect for 24 months. •$50 can be imposed after $40 has been in effect for 24 months (subject to referendum). •Revenue projection for City - $1.3M Pa g e 1 2 0 o f 2 1 3 REVENUE TYPES – Sales Tax 4 •0.1% can be implemented by majority vote of the governing board. •Additional 0.1% must be approved by a simple majority of voters. •Revenue projection for City - $2.3MPa g e 1 2 1 o f 2 1 3 BENCHMARKS 5 Service Vehicle License Fee Sales Tax Pasco None None Kennewick 0.1% Richland 0.1% West Richland None None Prosser $25 Walla Walla 0.20% Pa g e 1 2 2 o f 2 1 3 REVENUE NEED 6 •Street Fund: •Maintains City streets •Potholes •Chip seal •Striping •Traffic calming •Snow and ice removal •External revenue has been stagnant in the last decade. •Expenses have increased with high inflation overall and in construction sector. Pa g e 1 2 3 o f 2 1 3 REVENUE NEED 7 City has expanded by nearly 7 square miles in this period. •Ongoing revenues like motor vehicle fuel and utility taxes. •Deficit has been financed mostly by Overlay Fund financed projects. •Overlay Fund cannot continue to sustain the Street Fund. •Street crew are doing work that takes them away from their core mission. Pa g e 1 2 4 o f 2 1 3 TBD - ACTION 8 •Decision Points •Creation of the district •Sales tax vs. Vehicle License Fee •Geographic boundary of the district •Scope – Pavement maintenance & reconstruction, street and traffic maintenance and operations, and other transportation related capital projects Effective 6-months after approval & notification to Department of Licensing and Department of Revenue. Pa g e 1 2 5 o f 2 1 3 FeedbackPa g e 1 2 6 o f 2 1 3 Vehicles subject to fees • Passenger vehicles • Trucks that weigh 6,000 pounds or less • Motorcycles • Commercial passenger vehicles and trucks that weigh 6,000 pounds or less • Commercial trailers • Combination trucks that weigh 6,000 pounds or less • Combination trailers • Tow trucks • House moving dollies • Trucks used exclusively for hauling logs that weigh 6,000 pounds or less • Trailers used exclusively for hauling logs • Taxicabs • For-hire or stage vehicles with 6 seats or less • For-hire or stage vehicles with 7 or more seats that weigh 6,000 pounds or less • Private use trailers over 2,000 pounds • Motorcycle trailers • Travel trailers • Fixed load vehicles that weigh 6,000 pounds or less • Mobile homes licensed as vehicles • Motor homes • Neighborhood electric passenger vehicle and trucks that weigh 6,000 pounds or less • Medium-speed electric passenger vehicle and trucks that weigh 6,000 pounds or less Exempt vehicles • All farm vehicles Page 127 of 213 • Campers • Off-road vehicles • Snowmobiles, including vintage snowmobiles • Mopeds • ATVs • Personal use trailers with a single axle and less than 2,000 pounds scale weight • Antique, collector, and restored vehicles • Converter gear • Government vehicles • Federally owned vehicles and federal motorcycle trailers • Private school vehicles • Vehicles properly registered to disabled American veterans • Commercial passenger vehicles and trucks that weigh 6,001 pounds or more Page 128 of 213 AGENDA REPORT FOR: City Council January 8, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 2/2/26 FROM: Haylie Matson, Director Community & Economic Development SUBJECT: Public Hearing - Ordinance No. 4813 - 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: CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4813, an ordinance of the City of Pasco, Washington, amending and repealing sections of Pasco Municipal Code, in Title 23 Environmental Impact, related to environmental impact, State Environmental Policy Act (SEPA) thresholds and procedures and, further, authorize publication by summary 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: Page 129 of 213 The City Council was briefed on this matter at its December 1, 2025, regular meeting and directed staff to schedule a public hearing on the proposed SEPA code updates for February 2, 2026, following the close of the public comment period. During that meeting, a Councilmember expressed interest in raising SEPA thresholds to the maximum exemption levels authorized under SB 5412 (attached), a direction that has also received support from the development community. Staff has identified potential operational and interagency coordination challenges associated with immediate implementation of the full SB 5412 thresholds, Washington the as such including to impacts State partners Department of Transportation (WSDOT) and affected Tribes, which could delay overall progress. Accordingly, staff recommends a phased approach and further recommends that Council acknowledge staff’s intent to evaluate and potentially implement the full SB 5412 exemption levels following completion of the Comprehensive Plan update, SEPA audit, and related municipal code amendments. Please note, typically, items of this nature (land use text amendments) are first reviewed by the Planning Commission; however, this update bypassed the normal process based on direction provided to the Community 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: SEPA categorical exemption thresholds are simple size limits set by state law that help decide when a project needs environmental review. If a project is small and stays under the limit, it does not need SEPA review. If it is bigger than the limit, it does need SEPA review. 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 Page 130 of 213 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), Legislature SB adopted 5412 categorical SEPA exemptions (for example, all residential development may be exempt from SEPA). Implementation of the SB 5412 exemptions, however, is contingent environmental and additional analysis completion the upon of planning prerequisites that Pasco has not yet finalized, as discussed further below. While the City fully intends to pursue these maximum exemptions, staff believe 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: 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. substantially would exemption updates flexible proposed The categorical 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, Agricultural structures (barns, loafing sheds, equipment 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. Page 131 of 213  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 and “environmental analysis”, meaning a full SEPA review, 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 Page 132 of 213 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: 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 to the current flexible threshold increases. WSDOT requested 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 have 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 intend 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 intend to proceed to the maximum allowable SEPA exemptions. Page 133 of 213 Staff anticipate 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. 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 See motion above. 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 Next steps include:  Initiating the SEPA audit and Comprehensive Plan coordination work necessary to support future SB 5412 implementation. Alternatively, Council May Alternatively, Council may choose to:  Request revisions to the proposed ordinance,  Seek additional environmental or legal analysis, or  Decline to move forward with adoption currently. Page 134 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING AND REPEALING SECTIONS OF PASCO MUNICIPAL CODE, IN TITLE 23 ENVIRONMENTAL IMPACT, RELATED TO ENVIRONMENTAL IMPACT, STATE ENVIRONMENTAL POLICY ACT (SEPA) THRESHOLDS AND PROCEDURES. 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: 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. Page 135 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 2 (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. (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. Page 136 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 3 (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 (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. Page 137 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 4 (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. 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: Page 138 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 5 (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, (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. Page 139 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 6 (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. 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. Page 140 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 7 (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.] 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: Page 141 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 8 (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); (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. Page 142 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 9 (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. 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. Page 143 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 10 WAC 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.] 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 Availability and cost of environmental documents. Page 144 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 11 WAC 197-11-508 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: (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; Page 145 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 12 (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; (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: Page 146 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 13 (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; (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 Page 147 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 14 (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. (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. Page 148 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 15 (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 (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. Page 149 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 16 (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. (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: Page 150 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 17 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.] Section 14. PMC Title 23, ENVIRONMENTAL IMPACT, Chapters, are hereby amended and shall read as follows: Title 23 ENVIRONMENTAL IMPACT Page 151 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 18 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. 197-11-920 Agencies with environmental expertise. 197-11-922 Lead agency rules. 197-11-924 Determining the lead agency. Page 152 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 19 WAC 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.] Section 16. PMC Section 23.55.010, General provisions, is hereby amended and shall read as follows: 23.55.010 General provisions. Page 153 of 213 Ordinance – Amending PMC Title 23 Environmental Impact - 20 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: _____________________________ Page 154 of 213 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. Page 155 of 213 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 156 of 213 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 Page 157 of 213 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 Page 158 of 213 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 Page 159 of 213 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 160 of 213 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 161 of 213 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 162 of 213 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. Page 163 of 213 Page 164 of 213 Page 165 of 213 Page 166 of 213 Page 167 of 213 Page 168 of 213 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 Page 169 of 213 Page 170 of 213 Page 171 of 213 ATTACHMENT 5 Page 172 of 213 Page 173 of 213 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 174 of 213 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 175 of 213 (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 176 of 213 (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 177 of 213 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 178 of 213 Pasco City Council February 2, 2026 Public Hearing Pa g e 1 7 9 o f 2 1 3 SEPA Flexible Categorical Exemption Thresholds February 2, 2026 Pasco City Council Pa g e 1 8 0 o f 2 1 3 HISTORY Pa g e 1 8 1 o f 2 1 3 BACKGROUND Pa g e 1 8 2 o f 2 1 3 KEY INCREASES Pa g e 1 8 3 o f 2 1 3 OTHER ITEMS Pa g e 1 8 4 o f 2 1 3 Questions? Pa g e 1 8 5 o f 2 1 3 AGENDA REPORT FOR: City Council November 26, 2025 TO: Harold Stewart, City Manager City Council Regular Meeting: 2/2/26 FROM: Jesse Rice, Director Parks & Recreation SUBJECT: Resolution No. 4686A - Pasco Public Facilities District (PPFD) Aquatics Facility - Management and Operations Interlocal Agreement (3 minute staff presentation) I. ATTACHMENT(S): Resolution Proposed Updated Interlocal Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4686A, authorizing the City Manager to execute a new Interlocal Agreement between the Pasco Public Facilities financial and administrative for Pasco City the and District Of services, and for management and operations of the new Aquatic Facility. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Background: The Pasco Public Facilities District (PPFD) was established by the City in 2002 under RCW 35.57 to develop and operate regional public facilities. Following voter approval in April 2022 of a 0.2% sales tax increase, the PPFD is now constructing a new Aquatics Facility with completion expected mid year 2026. The PPFD has requested that the City provide ongoing management and operational support for the aquatic facility. Based on this request Council directed staff to move forward with creation of an updated interlocal agreement (ILA) for Council consideration. City staff worked with both PPFD and City contracted legal services to develop Page 186 of 213 a comprehensive (ILA) which will includes language to ensure that both organizations have a clear understanding of the agreement and are protected from financial and risk liabilities as best possible. Staff provided Council progress updates during the development of the ILA to allow input and review before presenting a proposed final ILA for consideration and adoption. Key areas reviewed included:  Limit on Liability.  City Management and Operational and Administrative Services for the Aquatics Facility.  Budget.  Compensation Payable by the District for Services Provided by the City.  Annual Adjustments to Payments by the District for City Services to Reflect Actual Incurred Costs.  Joint Development of an Aquatics Facility and Equipment Maintenance Policy.  Joint Development of an Aquatics Facility Capital Improvement Plan and Repair and Replacement Reserve Policy  Provisions for Insurance and Indemnification.  Initial Term, Renewal, and Termination Provisions of the Agreement. Based on Council feedback, input from PPFD board members, and final review by staff and City legal services, on December 1, 2025, staff presented a final proposed interlocal agreement between the City of Pasco and the Pasco Public Facilities District for Administrative, Financial, Legal Services, and Operations of the Aquatic Center. Council approved a Resolution authorizing the City Manager to sign the ILA as presented with the PPFD to approve and sign following their board meeting on December 16, 2025. V. DISCUSSION: Discussion: On December 16, 2025 the PPFD Board met to approve the updated and Council accepted ILA, however board members had some questions on ILA language, and requested additional time to review with board members and newly acquired PPFD legal representation. PPFD Board Members met to review ILA and implemented a few updates and clarifications to ILA which requires approval by the PPFD Board and Pasco City Council. On January 20, 2026, PPFD Board met to approve the modified ILA and authorized signature by PPFD Executive Director. Due to changes in ILA, City Council must also review and approved the modified ILA and approve Resolution allowing City Manager to sign the agreement. Page 187 of 213 Due to delay in acceptance of the ILA, City staff are now re-evaluating the initial safety, critical all to 2026 ensure in date opening planned May operations, policy and staffing needs can be completed to support that date or if opening will need to be scheduled at a later date. Request: Staff are recommending approval of the attached Resolution authorizing the City Manager to sign the updated interlocal agreement approved by the PPFD Board on 1/20/2026. Alternatives: 1. Ask for updates or changes to the proposed interlocal agreement. 2. Reject PPFD Board request for City to operate and manage aquatic facility. Constraints: Due to the compressed timeline for planned opening day any additional delays into 2026 will impact the planned lifeguard recruitment, onboarding, training, testing, and certification sessions potentially impacting the number of staff needed to open the facility. Impacts:  If delayed due to updates or changes the ability to recruit, train, and certify lifeguards to open the facility could be impacted and delay the opening of the facility.  If rejected, PPFD Board will need to immediately prioritize selection of another management option which could impact and delay the opening of the facility. Additionally having two different public aquatics facilities and programs will increase overall taxpayer expense, lead to duplication of programming, potential confusion to community, and competition for lifeguard staff. Next Steps: Once updated interlocal agreement is completed City staff will continue to plan lifeguard recruitment cycles, work jointly with PPFD on creating plans and policies included in the interlocal agreement, and complete safety, operation, and management plans to be ready for aquatic center opening day once determined. Page 188 of 213 Resolution – 2026 PPFD ILA - 1 RESOLUTION NO. 4686A A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW INTERLOCAL AGREEMENT BETWEEN THE PASCO PUBLIC FACILITIES DISTRICT AND THE CITY OF PASCO FOR ADMINISTRATIVE AND FINANCIAL SERVICES, AND FOR MANAGEMENT AND OPERATIONS OF THE NEW AQUATIC FACILITY. WHEREAS, RCW 39.34, Interlocal Cooperation Act, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this State through the execution of an interlocal cooperative or interagency agreement; and WHEREAS, the Pasco Public Facilities District (PPFD) was duly formed pursuant to Chapter 35.57 of the Revised Code of Washington on July 15, 2002, by the adoption of City of Pasco (City) Ordinance No. 3558, and granted all powers provided by law pursuant to RCW 35.57.010; and WHEREAS, on February 19, 2013, the PPFD and the City entered into an Interlocal Agreement for Administrative Services; and WHEREAS, on April 26, 2022, the PPFD Ballot Proposition No. 1, imposing two-tenths of one percent (2/10 of 1%) sales and use tax for the purpose of providing funds for the costs associated with the design, construction, and operation of an indoor/outdoor aquatic center including a competition pool, was submitted to the voters of the District through the Franklin County Auditor’s Office, and the same did pass by a majority vote of those voting within the District; and WHEREAS, the PPFD Resolution No. 2022-03 provided for the implementation of Voter Authorized Tax. The Board of Directors of the PPFD shall implement the voter authorized 2/10 of 1% sales and use tax consistent with RCW 82.14.048 for the purpose of providing funds for the costs associated with the design, construction, and operation of an indoor/outdoor aquatic center including a competition pool; and WHEREAS, with the approval of the Ballot Proposition No. 1 and the receipt of the voter authorized 2/10 of 1% sales and use tax, there was a need to end the current Interlocal Agreement with the City for administrative services and implement a new Interlocal Agreement with the City for the purpose of assisting the PPFD with the design and construction of an indoor/outdoor aquatic center as well as continue with the administrative services including City Clerk, City Attorney, Finance, Senior Support Staff, and other City officials, employees or agents as necessary in exchange for payment of services for the PPFD (the “2023 PPFD ILA”). The 2023 PPFD ILA was approved by the City Council of the City of Pasco, Washington via Resolution No. 4338 on April 17, 2023; and Page 189 of 213 Resolution – 2026 PPFD ILA - 2 WHEREAS, the 2023 PPFD ILA expired on December 31, 2025, and the PPFD Board desires that the City of Pasco to enter into a new ILA where in the City will continue providing administrative and financial services with optional legal services for the PPFD, as well as provide the operational and maintenance service of the new Pasco Aquatic Facility; and WHEREAS, the City Council of the City of Pasco, Washington, by Resolution No. 4686 approved a proposed form of 2026 Interlocal Agreement (“the 2026 ILA”) with the PPFD at its December 1, 2025 Council Meeting; and WHEREAS, the PPFD Board met on December 16, 2025, regarding the form of 2026 ILA proposed by the City and has made certain clarifying and minor substantive revisions to the proposed 2026 ILA as reflected in the revised 2026 ILA attached hereto as Exhibit A; and WHEREAS, the PPFD Board approved the revised 2026 ILA at its December 16, 2025, meeting and has requested that City Council review and approve the revised 2026-2028 ILA; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into the revised 2026 Interlocal Agreement to update and formalize relationships with the Pasco Public Facilities District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the revised 2026 Interlocal Agreement between the Pasco Public Facilities District and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized and directed to execute and deliver the revised 2026 Interlocal Agreement on behalf of the City of Pasco. Be It Further Resolved, that this Resolution shall take effect immediately. Page 190 of 213 Resolution – 2026 PPFD ILA - 3 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: _____________________________ ___________________________ Krystle Shanks, CMC William Tonkin, Principal Deputy City Clerk Foster Garvey PC Page 191 of 213 2026 ILA – City of Pasco/District Administrative, Financial, Legal Services, and Operations of Aquatics Center- 1 INTERLOCAL AGREEMENT between THE CITY OF PASCO, WASHINGTON and THE PASCO PUBLIC FACILITIES DISTRICT for ADMINISTRATIVE, FINANCIAL, LEGAL SERVICES, AND OPERATIONS OF AQUATICS CENTER This Interlocal Agreement (“Agreement”), is made and entered into this ____ day of ______________, 2026, by and between the City of Pasco, Washington, a municipal corporation of the state of Washington (the "“City"), ”), and the Pasco Public Facilities District, a municipal corporation of the state of Washington (the "“District," ,” and, together with the City, the “Parties”), and the Parties agree to the following terms: WHEREAS, the District was created pursuant to Chapter 35.57 of the Revised Code of Washington for the purposes of acquiring, constructing, operating and financing one or more regional centers through cooperative and joint ventures with one or more qualifying public facilities district; and WHEREAS, due to legislative changes in 2019 to RCW 35.57.020, the District became eligible to acquire, construct, own, remodel, maintain, equip, reequip, repair, finance, and operate one or more recreational facilities other than a ski area upon obtaining voter approval pursuant to RCW 82.14.048(4)(a). WHEREAS, in April of 2022, voters approved a 2/10th of one percent sales tax increase to acquire, construct, own, remodel, maintain, equip, reequip, repair, finance, and operate an aquatics facility (the “Aquatics Center”) pursuant to RCW 82.14.048(4)(a). WHEREAS, the District possesses, by law, all of the usual powers of a corporation for public purposes, as well as all other powers that may now or hereafter be specifically conferred by statute, including but not limited to the authority to hire employees, staff, and services, as well as to enter into contracts and agreements; and WHEREAS, the District desires to contract with the City for the purpose of securing those services necessary for fulfillment of the District's functions. NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: ARTICLE I PURPOSE The purpose of this Interlocal Agreement is to create a cooperative basis upon which the District may utilize the personnel and obtain the services of the City needed to fulfill the District’s Page 192 of 213 2026 ILA – City of Pasco/District Administrative, Financial, Legal Services, and Operations of Aquatics Center- 2 statutory functions and to provide the basis of compensation to the City for such services for the management and operation of the District’s the voter-approved Aquatics Center. ARTICLE II SERVICES PROVIDED BY THE CITY Section 2.1. General. The management and operational and administrative services required by the District under this Agreement for the Aquatics Center will be provided by City employees in the Parks, Recreation and Facilities Division of the City’s Administrative and Community Services Department. The City Manager, or their Designeedesignee, shall serve as the primary liaison between the City and the District. Other City officials, employees, or agents may provideing specific or specialized services as may be necessary. At all times under this Agreement, the District will remain the owner of the Aquatics Center. Section 2.2. Administrative, Financial and Legal Services. The City shall provide, at the request of the District, the following services: (a) City Clerk. The City Clerk shall serve as the ex officio secretary of the Board of Directors (the “Board”) of the District for purpose of receipt of claims, providing notices of public meetings of the Board required by the Washington Open Public Meetings Act (RCW 42.30), repository of official records of the District, keeping and maintaining minutes of Board meetings (including recorded records), and providing for the public inspection and copying of such records in accordance with the policies and Municipal Code of the City and the applicable requirements of the Washington Public Records Act (RCW 42.56). The City Clerk or their designee also shall provide other support services to the District, including providing meeting space for Board meetings, agenda coordination, advertisement, general correspondence with Board members, and public records management, maintenance and storage. (b) City Attorney. The City Attorney may serve as the attorneyprovide legal services for the District, but the District also may contract with outside counsel for legal services to ensure that the District will have continued legal representation in the event of the unavailability of the City Attorney or the need for specialized legal services. (c) Senior City Staff Support. The City Manager, and their designee(s) shall provide support services to the District in the following general areas: i. General coordination between members of the District Board and staff with the City Council and City staff, ii. Staff liaison support to the District Executive Director, iii. Staff support for all City-led efforts outlined herein, iv. Coordination of real estate transactions, v. Coordination of applicable Iinterlocal Agreementsagreements, and vi. Development of policy Page 193 of 213 2026 ILA – City of Pasco/District Administrative, Financial, Legal Services, and Operations of Aquatics Center- 3 (d) City Finance Director. The City Finance Director, or their Designeedesignee, shall serve as the financial officer for the District, whose duties will include preparing quarterly and annual financial reports, including claims, revenue and expense reports, and performing all accounts payable and receivable functions. Section 2.3. Aquatics Center Operational Services. The City will be responsible for overall management and operation of the Aquatics Center, while the Board will provide general oversight and ensure the alignment of the Aquatics Center's operations with the voter-approved goals and funding of the Aquatics Center. (a) General Operations. The City will provide regular reporting to the District to ensure effective management and operation of the Aquatics Center. Reports will be made available on a monthly, quarterly, and annual basis, as appropriate, including: i Financial Reports: Detailed expense reporting, revenue reports, Profit and Loss (P&L) statements, and budget vs. actual comparisons. ii. Attendance and Usage Metrics: Daily attendance, capacity utilization, membership enrollment, program participation, and special events attendance. iii. Customer Feedback and Satisfaction: Customer satisfaction surveys and complaints log. iv. Maintenance and Facility Management Reports: Maintenance logs, equipment replacement schedules, facility condition assessments, work order completion rates, and energy efficiency reporting. v. Safety and Risk Management Reports: Incident and accident reports, emergency drills, and compliance reports. vi. Programming Success Metrics: Program effectiveness, new program development, and revenue vs. cost analysis for programs. vii. Staffing Reports: Staffing levels, training and certifications, and staff performance evaluations. viii. Marketing and Outreach Reports: Effectiveness of marketing campaigns and community engagement. ix. Concession and Retail Reports: Concession stand revenue, cost of goods sold (COGS), and retail sales reports. x. Sustainability and Environmental Impact Reports: Water and energy usage reports, and waste reduction metrics. xi. Sponsorship and Community Benefit Reporting: Sponsorship success and comcommunity impact reporting. xii. Benchmarking and Competitive Analysis: Comparative analysis of performance metrics against regional and national aquatics centers. Page 194 of 213 2026 ILA – City of Pasco/District Administrative, Financial, Legal Services, and Operations of Aquatics Center- 4 (b) Facilities Maintenance Policy. In order to assist and provide clear direction to the City in its provision of maintenance services with respect to the property and facilities comprising the Aquatics Center, the City and the District shall jointly develop and agree to a specific facilities and equipment maintenance policy (“maintenance policy”) for the Aquatics Center, subject to final approval by the District’s Board. The maintenance policy shall include specific maintenance, repair and safety procedures and standards for the facilities and equipment comprising the Aquatics Center. Those procedures and standards shall be comparable to procedures and standards that are customary for other aquatics centers of similar size and character to the District’s Aquatics Center. ARTICLE III COMPENSATION FOR CITY SERVICES Section 3.1. Annual Operating Budgets. On or before [DecemberNovember 1] of each year, the City shall provide the District with a proposed operating budget for the Aquatics Center for the succeeding calendar year. The District shall adopt a final budget for the Aquatics Center by December 31 of each year.and the District shall develop and adopt an annual operating budget for the Aquatics Center for the succeeding calendar year, with The Parties will cooperatively develop anthe initial operating budget for the partial calendar year of 2026, which shall be presented to the District’s Board for revision and adoption to be developed and adopted by [May 1,] of 2026. The Each budget shall be based on the types and extent of aquatics programs and activities to be offered at the Aquatics Center and the estimated costs and expenses of the City’s services needed to carry out those programs and activities. Each budget shall include a general list of the various services to be provided by the City. The specific levels of programming (e.g., hours of operation, adult versus free swim schedule, classes, swim meets, etc.) shall be determined at least on an annual basis by a collaborative process between the District and the City and formalized in the budget adopted pursuant to this Agreement. Section 3.2. City Compensation Based on Cost of Service. The District shall compensate the City on a cost-of-service basis for “direct billable costs” of services provided and expenses incurred by the City that are solely attributable to the operation of the Aquatics Center. These “district billable costs” are listed and described below. The District also shall compensate the City on a cost-of-service basis for a proportionate share of “indirect billable costs” of services provided and expenses incurred by the City that benefit both the Aquatics Center and the City’s departments and operations unrelated to the Aquatics Center. These “indirect billable costs” also are listed and described below. The District will provide for this compensation to the City from the District’s sales and use tax revenue and Aquatics Center operating revenue. Section 3.3. Direct Billable Costs. Direct billable costs shall be those expenses incurred by the City that are solely attributable to the operation of the Aquatics Center. The following expenses Page 195 of 213 2026 ILA – City of Pasco/District Administrative, Financial, Legal Services, and Operations of Aquatics Center- 5 shall be treated as direct billable costs and will be directly billed to the District for the operation of the Aquatics Center: All Staffing: Lifeguards, instructors, facility manager, supervisors, customer service staff, and cashier staff, technical, grounds and maintenance, human resources, recreation, finance, and communications, or other required city staff. Aquatics Center Operating Schedule: Costs related to maintaining the Aquatics Center’s annual, seasonal, and daily operating hours. Aquatics Center Programming: Swim lessons, fitness programs, lap swim, open swim, private bookings, and special events. Technology: Software, network infrastructure, computers, printers, point-of-sale systems, access control, security cameras, fire and security monitoring. Marketing and Advertising: Website maintenance, social media management, print ads, radio/TV spots, promotions, branding, and community outreach. Sponsorship and Promotions: Development and management of sponsorship deals and promotional events. Operational Plans, Policies, and Rules: Creation, maintenance, and enforcement of facility operational policies. Concessions Management: Managing and operating concession stands within the facility. Maintenance and Repair: Routine and emergency repairs for facility equipment and infrastructure. Janitorial and Cleaning Services: Costs related to cleaning services to maintain the facility. Landscape Services: Exterior maintenance, including landscaping, gardening, and outdoor facility upkeep. Chemicals and Supplies: Pool chemicals, cleaning supplies, and other operational materials. Operating Permits and Inspections: Costs for obtaining required permits and passing routine inspections. Utilities: Electricity, water, heating, cooling, and other necessary utilities. Page 196 of 213 2026 ILA – City of Pasco/District Administrative, Financial, Legal Services, and Operations of Aquatics Center- 6 Equipment: Costs for the purchase and maintenance of necessary equipment for operations. Insurance: Coverage for the facility and its operations. Safety and Risk Management Costs: Regular safety audits, inspections, first aid supplies, AEDs, safety drills, and incident response training for staff. Facility-Specific Licensing Fees: Licenses required for specific activities (e.g., swim competitions), and fees for regulatory compliance. Guest Services & Amenities: Locker room supplies (towels, toiletries) and additional guest services such as towel and locker rentals. Water Quality Management: Water testing, filtration systems, and water treatment. Aquatics Facility Furnishings & Fixtures: Poolside furniture, lane dividers, safety ropes, signage, and other specialty items for programming. Professional Services: Contracted services such as professional divers for inspections or legal services related to operations. Capital Reserve Fund Contributions: Funds set aside for future capital improvements or significant repairs. Risk and Liability Insurance for Events: Additional insurance coverage for special events or competitions. Security and Access Control: Installation and maintenance of security systems such as remote surveillance or access control. Sustainability Initiatives: Costs for energy-saving measures such as solar panels or water conservation systems. On a monthly basis the City shall charge to the District and the District shall pay to the City for direct billable costs for the provisions of the foregoing services. City Attorney services (if utilized by the District) rendered for the District shall be charged in addition to the above monthly charge and billed separately. Section 3.4. Indirect Billable Costs. Indirect billable costs shall be those expenses incurred by the City for the operation of the Aquatics Center that are not treated as direct billable costs under Section 3.3, and that which are shared proportionately between the Aquatic Aquatics Center and other City operations consistent with the City’s then-effective cost allocation policy and model. The following expenses shall be treated as indirect billable costs to be proportionately Page 197 of 213 2026 ILA – City of Pasco/District Administrative, Financial, Legal Services, and Operations of Aquatics Center- 7 shared between the District and the City for services or operational costs incurred for both the Aquatics Center and other City operations: General Overhead Allocation: Share of city-wide administrative costs such as City Manager’s oversight, legal counsel, HR management, and public records compliance not otherwise related to services provided in Article II of this Aagreement. IT Services Fee: Costs for centralized IT infrastructure, maintenance, software licenses, cybersecurity, and technical support. Fleet Management Fees: Shared costs for vehicle maintenance, fuel, and repairs for vehicles used by the Aquatics Center. Purchasing and Procurement Services: Costs for acquiring goods and services for the Aquatics Center, and contract management. Risk Management and Liability Claims Administration: Shared costs for workers' compensation, liability insurance, and risk mitigation. Finance Department Services: Costs for centralized accounting, payroll processing, budgeting, and audit compliance. Permit and Licensing Fees: Internal fees for special permits and licenses related to the facility's operation and events. Communications and Public Relations Fees: Costs for public relations and communications efforts related to facility promotion and media relations not covered by direct billable costs. Emergency Preparedness and Disaster Recovery: Shared costs for city-wide emergency management services, including disaster recovery planning. Strategic Planning and Economic Development: Proportionate share of planning and economic development costs that benefit the Aquatics Center. Records Management: Costs for document storage, archiving, and responding to public records requests related to facility operations. On a monthly basis the City shall charge to the District and the District shall pay to the City for indirect billable costs for the provisions of the foregoing services. Section 3.5. Semi-Annual True-Up of Operating Expenses. The City and the District recognize that the actual costs incurred by the City to operate and manage the Aquatics Center may be more than or less than the costs anticipated in the annual operating budget of the Aquatics Page 198 of 213 2026 ILA – City of Pasco/District Administrative, Financial, Legal Services, and Operations of Aquatics Center- 8 Center jointly developed by City and the District. In July and January of each year, adjustments shall be made to the amount of compensation payable by the District to the City for management, operation and maintenance services provided by the City in the previous six months. These adjustments shall reconcile or “true-up” compensation with actual incurred costs of the City for those services in that prior year. If the amount paid by the District to the City varies from the amount found to have been due for the prior calendar year, the District will adjust its payments to the City in the current calendar year by adding or crediting the overpayment or underpayment amount to remaining District payments for the current calendar year, by disbursing or billing the overpaid or underpaid amount as a lump sum or invoice, or by some other payment adjustment method agreed to by the City and the District. A reconciliation process involving City Staff and the Budget and Finance Committee of the District will be utilized to review all actual costs are accounted for and allocated appropriately. Section 3.6. Joint Development of an Aquatics Center Capital Improvement Plan. The City and the District acknowledge that future additions and improvements to the Aquatics Center may change (increase or decrease) the character and amounts of operating and maintenance expenses required to operate and maintain the Aquatics Center. Therefore, the City and the District shall jointly develop and agree to a capital improvement plan (“CIP”) for the Aquatics Center, subject to final approval by the District’s Board. The CIP shall include: • A listing of potential future capital additions and improvements to the Aquatics Center that would enhance the District’s ability to carry out aquatics programs and activities for the community; • Anticipated sources of District funding for those capital improvements, including proceeds of additional District parity bonds to the extent permitted to be issued under District Resolution No. 2024-09; District sales tax revenue and operating revenue; and grants, gifts and other available District sources; and • Projections of the additional management and operational and administrative expenses reasonably expected to be associated with the new additions and improvements to the Aquatics Center that will be incurred by the City, together with the sources of District funding reasonably expected to be available to meet those additional expenses. Section 3.7. Joint Development of Aquatics Center Renewal and Replacement Reserve Policy. The City and the District also acknowledge that the establishment and maintenance of healthy renewal and replacement reserves for the property and facilities comprising the Aquatics Center will assist both Parties in managing future operating and maintenance expenses required to operate and maintain the Aquatics Center. Therefore, the City and the District also shall jointly develop and agree to a renewal and replacement (“R&R”) reserve policy for the Aquatics Center, subject to final approval by the District’s Board. The R&R reserve policy shall include, among other things: Formatted: Indent: First line: 0" Page 199 of 213 2026 ILA – City of Pasco/District Administrative, Financial, Legal Services, and Operations of Aquatics Center- 9 • An inventory of the various types of existing facilities and equipment required for the operation of the Aquatics Center and schedules of the respective estimated useful lives of those facilities and items of equipment; and • A financial plan under which the District will accumulate District sales tax revenue and operating revenue that is available after the District’s required debt service payments and required payments to the City under the Agreement to establish and maintain an R&R reserve in amounts sufficient to provide for the repair and/or replacement of those facilities and items of equipment at the end of their respective useful lives. ARTICLE IV INTERLOCAL COOPERATION ACT PROVISIONS The District shall be solely responsible for all costs, materials, supplies and services necessary for its performance under the terms of this Agreement. All property and materials secured by the District in the performance of this Agreement shall remain the sole property of the District. All funding incident to the fulfillment of this Interlocal Agreement, shall be borne by the party necessary for the fulfillment of their responsibilities under the terms of this Agreement. No special budgets or funds are anticipated, nor shall be created incident to this Interlocal Agreement. It is not the intention that a separate legal entity be established to conduct the cooperative undertakings, nor is the acquisition, holding, or disposition of any real or personal property anticipated under the specific terms of this Agreement. The District shall adopt and follow City policies and procedures when deemed efficient and in compliance with applicable regulations. The City Manager and the District’s Executive Director shall be designated as the Co-Administrators of this Interlocal Agreement. ARTICLE V INITIAL TERM, RENEWAL AND TERMINATION OF AGREEMENT The initial term of this Agreement shall commence on January 1, 2026the date this Agreement is mutually executed and delivered, and shall continue until December 31, 2028. The term of this Agreement shall be automatically renewed for one-year periods thereafter unless either the City or the District provides, at least twelve (12) months prior to the end of that current term of this Agreement, written notice to the other Party of its intention not to renew the Agreement at the end of its current original or renewal term. ARTICLE VI INSURANCE AND LIABILITY Section 6.1. Provisions for Insurance. The District and the City each shall obtain and maintain insurance, or risk pool self-insurance insurance, for their respective acts and omissions under this Agreement, and as otherwise customarily provided in connection with the governmental ownership and operation of aquatic facilities comparable to the District’s Aquatics Center. Among Page 200 of 213 2026 ILA – City of Pasco/District Administrative, Financial, Legal Services, and Operations of Aquatics Center- 10 other types of insurance coverages that may be appropriate for governmentally-owned aquatics centers comparable in size and character to the District’s Aquatics Center, the following insurance coverages shall be obtained and maintained: • The District shall insure, at replacement cost value, the buildings, facilities and equipment comprising the Aquatics Center under appropriate policies of “all-risk” casualty insurance; • The District and the City each shall maintain General Liability insurance, or risk pool self-insurance, for Bodily Injury, Property Damage Liability, Public Officials Errors and Omissions and Automobile Liability in specified minimum amounts customarily provided in connection with the ownership and operation of aquatic facilities comparable to the District’s Aquatics Center. • The City shall maintain Workers Compensation insurance as required by state statute and federal law if applicable. Section 6.2. Indemnification Provisions. The District and the City shall defend, indemnify and hold the other Party, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the indemnifying Party in performance of this Agreement, except for injuries and damages caused by the sole negligence of the indemnified Party. These indemnification provisions shall be reviewed and revised as necessary by counsel for the District and the City to ensure compliance with applicable provisions of state law, as well as by the Washington Cities Insurance Authority to the extent the City obtains and maintains risk pool self- insurance from that Authority for the purposes of the Agreement. ARTICLE VII ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, verbal or otherwise, in regard to the subject matter of this Agreement, shall be deemed to exist. Any modifications to this Agreement shall be in writing and signed by both Parties to be effective. ARTICLE VIII APPLICABLE LAW This Agreement is governed, construed and enforced in accordance with the substantive laws of the State of Washington. Should any dispute arise concerning the enforcement, breach, or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, and the prevailing party shall be entitled to its reasonable attorney fees and costs as additional judgment. ARTICLE IX AUTHORITY FOR EXECUTION Page 201 of 213 2026 ILA – City of Pasco/District Administrative, Financial, Legal Services, and Operations of Aquatics Center- 11 Each of the Parties warrants and represents that its representatives, whose signatures are below, possess all required authority to sign this Agreement and such powers have not, as of the date of this Agreement, been revoked or revised. IN WITNESS WHEREOF, the Parties have executed this Agreement by the duly authorized officers on the day and year first written above. PASCO PUBLIC FACILITIES DISTRICT CITY OF PASCO By: _______________________________ By: ______________________________ Mark Morissette, Chair Harold L. Stewart, II, City Manager Attested to by: ____________________________ Debby Barham, CMC, City Clerk Page 202 of 213 Page 1 of 8 TO: Mayor, Charles Grimm Members of the City Council FROM: Harold Stewart, City Manager DATE: February 02, 2026 City Manager: Thank you to Mayor Grimm and Council member Cotta for assisting with representing the City of Pasco in Olympia and communicating legislative priorities to our State elected officials. Priorities included funding for facility need at the Police Academy, funding for the 76 overpass, protecting the Public Works Assistance Account, supporting Accident Zone bills, and preserving local control on zoning issues. While the Department Heads will provide updates specific to their responsibilities here are several priorities identified by the City Manager since taking office being worked on in addition to the regular day to day operational duties (Changes/updates from the last report are highlighted in red): 1. Broadmoor Development- Meetings are ongoing discussing developer interest, progress, and potential City partnership. Particularly of late the discussions have become much more active. 2. HAPO Center- Lease expired after December 2025. County and City discussing future, roles and partnership going forward. Lease extension has been provided to the County. 4. Animal Shelter- Serves the entire Tri-Cities. Cost sharing between the three jurisdictions needs re-evaluated and agreed upon. ACA meeting will be held on February 12th and all City Managers will attend to discuss the role and future needs of the Committee. 5. Transportation Tab Fees- Will be placed on February Regular City Council meeting as directed by Council at the November 17th Council meeting. 6. Union Contracts- Approval of contracts are on the Feb. 2nd Regular CIty Council meeting. 7. Hiring City Attorney-Position has been reposted with a first review date in mid- February. Management is also evaluating continuing to contract out the service. 8. Grievances/Personnel Matters 9. Reviewing Boulevard Design, Traffic study, Lighting, and Curb, Gutter, Sidewalk Policies-All in various stages of review. See Community and Economic Development Directors report for more information. 10. Evaluating Executive Structure (CM, DCM, ACM) and responsibilities-Ongoing. Potential redistribution of department reporting structure. Page 203 of 213 Page 2 of 8 11. Consideration of annexation into Library District-Council, Library Board and County Commission have all approved this to go on the ballot. County staff was able to complete the necessary actions to place this on the February 2026 Special Election Ballot. 12. Consideration of annexation into Conservation District- Was to be discussed at the October 27th Council Agenda, however, staff has been working with legal counsel and the Conservation District to verify the proper process and actions. There is some unclarity due to State law language and the fact the City opted out of the District years ago. Will come forward once the proper process is verified. 13. Water Conservation Program- Since the August 25 presentation, staff have advanced key water conservation initiatives, including public outreach, irrigation retrofits, and updated development and boulevard standards. Work is also underway on a City facility water audit, landscape conversion projects, and potential residential incentives to promote xeriscaping. 14. Court Street Traffic Concerns- Traffic Radar signs have been installed and are collecting data. Engineer’s recommendation was to analyze the data after 6 months, which will be January of 2026. Upon completion of data collection staff will need time to analyze and will discuss results with Council in February or March of 2026. Staff has begun review of the data. 15. Pop up Vendors- Ongoing monitoring by staff and coordination with the Health District. 16. FY 27/28 Budget-Staff is beginning the process of establishing a timeline for budget development, and internal processes for preparation. Meetings attended since the last report: Communication meetings with the Mayor, Mayor Pro Tem, and all Council members; attended retirement events for the City Clerk; spoke to Leadership Tri-Cities group; ride along with Park Ranger; attended the BCES Executive Board meeting; Memorial Pool ribbon cutting; TRIDEC Board meeting; several legislative session related meetings; and many other internal communication and project meetings. Parks & Recreation Director, Jesse Rice Tri -Cities Animal Services: General Information • Set date and started planning for the TCAS annual Fur Babies and the Fuzz Adoption Event for 05/09/2026. • On boarded new Animal Control Officer Kyle Heinen. • Successfully registered one Animal Control Officer for the Washington Animal Control Association 2026 Animal Control Officer Academy in March. Monthly Stats • Current Animals in Care: 117 • Dogs: 69Dogs • Cats: 42Cats • Animals Impounded: 72Cats/74Dogs = 146 • Animals Released: 96Cats/78Dogs = 174 • Animal Control Cases: 159 Community Outreach and Education • No community outreach or events this month. Page 204 of 213 Page 3 of 8 Recreation Services: General Information • Updated the Youth Financial Assistance Forms for the next year to include the updated 2026 guidelines. Sponsorships • ICCU: $500 for Big Cross Tundra Run • Renewal by Andersen: $5,000 in support of 4 signature events and 2 city events • Storage Stars: $1,500 Outfield Fence Banner – supports the Youth Financial Assistance Fund • Meadow Outdoor Advertising: In-Kind Agreement $4,500 Aquatics • HVAC System install complete • Ribbon Cutting Scheduled for next Wednesday, June 28 from 1:30-3:00pm Special Events • Big Cross Frozen Tundra Run – To be held on January 31. Currently have 110 registered participants, surpassing last year’s total. Adult Programs and Leagues • Adult Basketball League – entered second half of season • Adult Drop-in Volleyball – Reduced # of days each week, as usual in December due to start of the Basketball season. Youth Programs and Leagues • Youth Basketball Program Began – 568 Participants on 48 teams all led by Community volunteer coaches. • Taking Registrations for: o Spring PR Runners Youth Cross Country League (1st - 6th graders) o Youth Volleyball League (5th – 8th Graders) o Youth Softball League (K – 5th Graders) Parks: Parks • Tumbleweed Burning • Uplifting trees along Blvds and Parks • Shrub Bed Pruning on Madison • Graffiti clean up • Hazardous limb removal • Clean up numerous illegal dumpings at rd48 recycling area • Encampments clean up CIP/Projects Updates • Creating RFP for 2026 downtown clean up services. Expected to be published soon Page 205 of 213 Page 4 of 8 • Nearing completion of the Animal Shelter Landscape Project • Smart clock installation taking place • Removal of 8 Pine trees at PW • MLK Landscape clean up • Running new irrigation wire to dead valves multiple locations • Irrigation pump and filter repairs Athletic Fields • Top dressing at Burden Soccer • Clean up Trees around 48 Soccer • Fields closed for season Facilities: Cartegraph Work Order Monthly Stats • 142completed last month • 83completed this month Cemetery • 8 funerals last month • 6funerals this month • 6funerals this year Special Events (completed this month and upcoming next month) • Memorial Pool Grand opening. • MLK project phase 1 completed. Projects • Memorial Pool Building HVAC completed and commissioned. Cemetery gate project is complete, have been powder coated expected delivery next week. Refreshed office for Council Members on the third floor. Re-lamped the parking lot at the Multi Model. EV stations at City Hall are commissioned. Awarded $121,000 grant for building audit to meet the requirements of the Clean Buildings Act. IT Director, Arman Rashid Completed High-Level Projects: InfoSend – Replacing Databar, Pasco’s billing solution, for simpler, modern utility bills. o Initiative: Communications Modernization o Status: IT portion of the project is complete. Active Projects (In Progress) Community Services (Citizen-Facing) • Trakit.net to Central Square Cloud Service Migration (90%) – Community Development migration to cloud/payments modernization. o Initiative: Economic Vitality, and Quality of Life o Status: We are currently on Track to go like Feb 9th. The current System will go offline February 6th while we work with Central Square to transfer live data to the new system Page 206 of 213 Page 5 of 8 • Police Department Axon Fusus (50%-unchanged) – Police Real-Time Crime Center platform integrating live video, AI insights, and public/private feeds. o Initiative: Community Safety o Status: Unchanged as we are waiting for Axon and PD to kick off phase 2 • Gesa Stadium IT Infrastructure (90%) – New stadium IT build (access control, cameras, fiber, door systems). o Initiative: Quality of Life o Status: We have requested the remaining door hardware from Columbia Basin Door. Once we receive the hardware our team will install and then work with Interwest to bring the doors online Citywide Initiatives: • Validated Architecture Design Review (VADR) (34%) – Addressing Cybersecurity issues in Pasco’s water infrastructure SCADA systems. o Initiative: Cybersecurity o Status: 12 of 35 actions taken; remediation ongoing. • AD Automation (50% – Project Scope Change) – Automating new employee account creation using New World data to speed up onboarding and reduce manual work. o Initiative: Automation & Process Improvement o Status: We are using a Microsoft automation method to directly create user accounts that sync into our cloud systems. Most of the process is working, with one remaining data-sync issue under review. • Laserfiche Invoice Workflow (99%) – “Scan and Toss” Account Payable (AP) workflow automation. o Initiative: Lean Process Improvement o Status: Testing is complete. Making final changes before handoff • Change Management (95% - unchanged) – Formalizing IT change control process. o Initiative: Governance & Process Improvement o Status: Pending remaining user adoption. The Operations team has implemented the new process for all new changes • Intune (25% unchanged) – Migrating SCCM tasks like computer update distribution, system compliance settings, and endpoint protection to Microsoft Intune (Autopilot, app deployment). o Initiative: Cloud & Endpoint Modernization o Status: Pro services engaged for setup and policy migration. SCCM policies have been implemented, and group policy review is in progress. Initial device testing is complete with no issues reported. Autopilot is active using Entra ID; Dell OEM registration is pending to allow devices to receive our version of windows from the factory. Departmental Support: • Cisco Umbrella (15% - unchanged) – DNS security and web filtering for internet traffic. o Initiative: Cybersecurity o Status: Agent deployment and web policy creation in progress. Zones have been created. Page 207 of 213 Page 6 of 8 • Barracuda (99% unchanged) – Managing Barracuda Message Archiver storage (currently 94% full). o Initiative: Storage & Compliance o Status: Exploring replacement options for Barracuda ahead of license expiration and working to reduce system-generated notifications under the retention policy to minimize storage usage. • GIS Enterprise Server Geo-Database Migration (60%) – ESRI consulting to stabilize GIS infrastructure. o Initiative: GIS Optimization o Status: Test server has been created to ensure updates will not interfere with the live server. Once testing has been complete, we will schedule a live server upgrade • Park Finder Art Map (90%-unchanged) – Interactive parks and attractions finder app. o Initiative: Citizen Engagement o Status: Unchanged as we are still awaiting final images and upload training. • Cartegraph Facility Module (80%-unchanged) – Migrating facility assets into new dedicated Cartegraph module. o Initiative: Facilities Modernization o Status: Creating training materials for the new module • Replace Fire Station Locution Dashboards (10%)– Replacing problematic Locution Dashboards with First Arriving displays. o Initiative: Public Safety Technology o Status: Met with Fire to determine changes to the new dashboards. An update quote was provided and is going through approvals Helpdesk Service Requests • New Tickets Received: 103 • Tickets Resolved: 80 • Currently Active: 148 Helpdesk Incident Requests • New Tickets Received: 361 • Tickets Resolved: 252 • Currently Active: 287 Ticket Categories: Desktop Hardware – 3.33% Email – 0.28% General – 63.33% Internet – 0.28% Not Assigned – 26.39% Printers – 0.56% Software – 2.50% Telephone – 0.28% User Administration – 1.11% Page 208 of 213 Page 7 of 8 VDI – 1.67% Vehicle Hardware – 0.28% IT Customer Satisfaction Survey Score: 98% System Metrics • Network Uptime – 99.98% Threat analytics: Malicious attacks • Total attempts: 376 • Total incidents: 0 Project Metrics • Active: 17 • Backlog: 4 • On Hold: 17 • Proposed: 8 Fire Chief, Kevin Crowley January 2026 (January 1 – January 20): Month Fire Calls Structure Fires Wildland Fires EMS Calls MVA’s Total Calls December 12 0 0 352 9 468 Hires, Promotions, and Retirements • Hired: Firefighter Peter Sladich. He will start the Tri-Cities Regional Fire Academy in February • Hired: Chelsea Young for the position of Executive Administrative Assistant. Community Engagement Events • Crews attended the “Dude Be Nice” assembly at McGloughlin Middle School. Collaboration • Secured 5 donated AED. o Gave these to PD so they can be installed and deployed on the Sergeants vehicles. • Gave 50 Narcan doses (quick deployment nasal sprays) to PD. Training • Preparing for the Tri-Cities Regional Fire Academy, which will start in February. Chief of Police, Ken Roske Field Operations Division: • Our School Resource Officers were honored during a presentation at a Pasco School District board meeting as part of the National Law Enforcement Day observance, Page 209 of 213 Page 8 of 8 recognizing their dedication to student safety, relationship-building, and positive engagement within the school community. • Participated in the World Cup 2026 (WC26) Intelligence and Threat Analysis Subcommittee Working Group update, strengthening regional coordination and preparedness for large- scale international events. • Personnel attended the FIFA World Cup Funding Grant Application training to better position the department for future funding opportunities and event-related planning. • Officer Phil Hanks received the Purple Heart for injuries sustained in the line of duty, a significant recognition of his courage, resilience, and commitment to public service. • Officers Sereno and Atkins successfully graduated from the Field Training Program, marking an important milestone in their professional development and readiness to serve independently. • An escaped prisoner who fled a DOC work detail while DOC officers were distracted was captured due to alert observation and decisive action. Although the escapee had changed clothes in an effort to evade capture, the Officer recognized something was “off” as he drove by a pedestrian on Court Street. He coordinated additional responders, who identified the individual as the escaped convict and quickly took him into custody. • Personnel attended a regional food vendor meeting to address unlicensed food vendors operating in the Tri-Cities, supporting public health, safety, and regulatory compliance. • The department initiated the Street Vision Program, a proactive traffic safety monitoring initiative aimed at reducing collisions and improving roadway safety for the community. Professional Standards Division: • Four new hires are scheduled to begin the academy on February 9. The recruits are Thomas Windisch, Caleb Shanks, Bryson Bennett, and Lance Stover. Support Operations Division: • Detective Sweeney attended Internet Crimes Against Children (ICAC) investigative training focused on cyber tip investigations. This training enhances his ability to identify, analyze, and investigate online child exploitation reports, ensuring cyber tips are handled lawfully and thoroughly, strengthening cases for successful prosecution while safeguarding victims. • Detectives Spitzer and Taylor completed the initial Magnet Forensics courses as part of their certification process to become cell phone forensic examiners on the department’s new forensic platform. • Detective Mino successfully completed his polygraph recertification and conducted his first pre-employment polygraph examination as a member of the Pasco Police Department. • Miguel Paniagua was sentenced to 180 months (15 years) following his conviction for Assault in the Second Degree and Unlawful Possession of a Firearm in the First Degree. The Deputy Prosecuting Attorney specifically recognized Detectives Grosz and Christenson Page 210 of 213 Page 9 of 8 for their thorough investigation, as well as Crime Analyst Hawkins for his work identifying the offender’s gang affiliation. Page 211 of 213 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 212 of 213 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 213 of 213