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2026.05.04 Council Meeting Packet
AGENDA City Council Regular Meeting 7:00 PM - Monday, May 4, 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 517 448 228#. 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/psctvliveand 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 378 Regular Agenda and considered separately. 8 - 30 (a) Approval of Meeting Minutes for April 13th and April 20th To approve the minutes of the Pasco City Council Special Meeting held on April 13, 2026, Council Workshop Meeting held on April 13, 2026, Special Meeting held on April 20, 2026 and Regular Meeting held on April 20, 2026. 31 - 32 (b) Bills and Communications - Approving Claims in the Total Amount of $8,264,089.19 To approve claims in the total amount of $8,264,089.19 ($4,173,022.00 in Check Nos. 277811 - 278031; $2,800,550.13 in Electronic Transfer Nos. 852948 - 852960, 853209, 853213 - 853214; $6,161.48 in Check Nos. 55222 - 55227; $1,284,355.58 in Electronic Transfer Nos. 30241414 - 30242069). 33 - 59 (c) Resolution No. 4731 and Ordinance No. 4832 - Authorizing acceptance of grant funding and execution of a grant agreement with the Washington State Department of Commerce, Office of Crime Victims Advocacy and Amending 2025–2026 Operating Budget MOTION: I move to approve Resolution No. 4731, authorizing acceptance of grant funding and execution of a grant agreement with the Washington State Department of Commerce, Office of Crime Victims Advocacy, for the SFY26 Domestic Violence High Risk Team (DVHRT) Program. MOTION: I move to adopt Ordinance No. 4832, amending the 2025- 2026 Biennial Operating Budget, as adopted by Ordinance No. 4794, as amended; providing for the appropriation of $44,190 in grant funds for the Domestic Violence High Risk Team Program; and providing for severability and an effective date; authorizing publication by summary only. 60 - 68 (d) Resolution No. 4733 - Termination of ILA between the City of Pasco and Walla Walla County Fire Protection District 5 for Advanced Life Support Services To approve Resolution No. 4733, terminating an interlocal agreement between the City of Pasco and Walla Walla Fire Protection District No. 5 for Advanced Life Support Services. 69 - 76 (e) Resolution No. 4734 - Amendment to Fire Department Facility Use Agreement To approve Resolution No. 4734, amending the Fire Department Facility Use Agreement between the City of Pasco and Franklin County Fire Protection District No. 3. Page 2 of 378 77 - 95 (f) Resolution No. 4735 - Amendment to Interlocal Agreement between City of Pasco and Franklin County Fire District No. 3 Concerning the Exchange of Services and the Transfer of Assets Due to the Annexation of the Road 80 Area to the City To approve Resolution No. 4735, amending the interlocal agreement between the City of Pasco and Franklin County Fire District No. 3, concerning the exchange of services and the transfer of assets due to the annexation of the Road 80 Area to the City. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 96 - 98 (a) Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month Proclamation (5 minute staff presentation) Mayor Grimm will read the proclamation for "Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month" scheduled for May 2026 and present the proclamation to members of the AANHPI community. 99 - 101 (b) Amyotrophic Lateral Sclerosis (ALS) Awareness Month Proclamation (5 minute staff presentation) Mayor Grimm will read the proclamation for "Amyotrophic Lateral Sclerosis (ALS) Awareness Month" scheduled for May 2026 and present the proclamation to Rachel Doyle and guests. 102 - 104 (c) National Police Week and Peace Officers Memorial Day Proclamation (5 minute staff presentation) Mayor Grimm will read and present the proclamation proclaiming May 10-16, 2026 as "National Police Week" and May 15, 2026 as "Peace Officers Memorial Day" in Pasco, Washington to Interim Police Chief Brent Cook and guests. 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 Page 3 of 378 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 105 - 125 (a) PH and Ordinance No. 4833 - Dietrich Rd ROW Vacation (VAC2025-004) (5 minute staff presentation) CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4833, vacating that portion of public road right of way for Dietrich Road, City of Pasco, Franklin County, Washington, situated in sections 21 and 22, township 9 north, range 30 east, Willamette Meridian; authorizing publication by summary only. 126 - 194 (b) PH & Ordinance No. 4834 - Harris Road ROW Vacation (VAC2026-001) (5 minute staff presentation) CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4834, vacating a portion of the Harris Road right-of-way between future Road 103 and Broadmoor Boulevard within the Broadmoor area, while retaining an easement and the right to exercise or grant easements within the vacated right-of-way for the construction, repair, and maintenance of public utilities and services; providing for severability, establishing an effective date, and authorizing publication by summary only. 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 195 - 215 (a) Q Ordinance No. 4835 - Elite Investment Group, LLC Rezone from C-1 & R-4 to MU (Z2026-001) (5 minute staff presentation) MOTION: I move to adopt Ordinance No. 4835, amending the zoning classification of certain real property located, north of Wrigley Dr., south of Sandifur Pkwy., west of Road 68 and east Road 76, in Pasco, Franklin County, Washington from C-1 (Retail Business) and R-4 (High Density Residential) to MU (Mixed Use) and, further, authorize publication by summary only. 216 - 238 (b) Q Ordinance No. 4836 - Chavoshi, LLC Rezone from C-3 to I-1 (Z2026-002) (5 minute staff presentation) MOTION: I move to adopt Ordinance No. 4836, amending the zoning classification of certain real property located north of E Spokane Dr., Page 4 of 378 south of E Salt Lake St., west of N Oregon Ave., east of BNSF Railroad, in Pasco, Franklin County, Washington from C-3 (General Business) to I-1 (Light Industrial) and, further, authorize publication by summary only. 239 - 264 (c) Q Ordinance No. 4837 - Elite Investment Group, LLC Rezone from R-4 and C-1 to MU (Z2026-003) (5 minute staff presentation) MOTION: I move to adopt Ordinance No. 4837, amending the zoning classification of certain real property located north of Sandifur Parkway, west of Road 90, south of Ruven Street, and east of Road 92 in Pasco, Franklin County, Washington, from R-4 (High Density Residential) and C-1 (Retail Business) to Mixed-Use and, further, authorize publication by summary only. 265 - 281 (d) Ordinance No. 4838 - Imposing Sales and Use Tax Within the Boundaries of the Pasco Transportation Benefit District (30 minute staff presentation) MOTION: I move to adopt Ordinance No. 4838, imposing an additional sales and use tax of one-tenth of one percent within the boundaries of the Pasco transportation benefit district for the purpose of financing the costs associated with transportation improvements in the district as authorized by RCW 36.73.065 and RCW 82.14.0455; providing for severability and establishing an effective date; authorizing publication by summary only. 282 - 296 (e) *Resolution No. 4736 - Acceptance of work for the Martin Luther King Community Center Renovation and Expansion Phase 1 Construction Project (5 minute staff presentation) MOTION: I move to approve Resolution No. 4736, accepting work performed by Booth and Sons Construction, of Kennewick WA, under contract for the Martin Luther King Community Center Renovation and Expansion Phase 1 Construction Project. 297 - 313 (f) *Resolution No. 4737 - Benton-Franklin Headstart Lease Agreement (3 minute staff presentation) MOTION: I move to approve Resolution No. 4737, authorizing the City Manager to execute a 5-Year Lease Agreement between the Benton-Franklin Headstart and the City Of Pasco for the Martin Luther King Jr. Community Center located at 205 S. Wehe Ave. Pasco. 314 - 322 (g) *Resolution No. 4738 - Project Acceptance of the Zone 3 Water Storage Reservoir Project MOTION: I move to approve Resolution No. 4738, accepting work performed under the Design Build Institute of America Agreement with T Bailey, Inc. for the Zone 3 Water Storage Reservoir Project. Page 5 of 378 323 - 336 (h) *Resolution No. 4739 - Professional Services Agreement Amendment No. 3 with Architects West for Design and Construction Services for the Martin Luther King Community Center Remodel and Expansion Project MOTION: I move to approve Resolution No. 4739, authorizing the City Manager to execute Amendment No. 3 for the professional services agreement with Architects West. for additional design services for phase 2 and 3 of the Martin Luther King Jr. Community Center Renovation and Expansion Project. 337 - 358 (i) *Resolution No. 4740 - Professional Services Agreement Amendment No 1 with RH2 Engineering for Phase 2 of the Maitland Lift Station and 9th & Washington Lift Station Improvement Projects MOTION: I move to approve Resolution No. 4740, authorizing the City Manager to execute Amendment No. 1 with RH2 Engineering, Inc. for design, bidding, and construction services for the Maitland Lift Station and 9th & Washington Lift Station Improvements projects. 359 - 363 (j) *Resolution No. 4741 - Approval of BNSF Advanced Purchase of Materials MOTION: I move to approved Resolution No. 4741, authorizing the City Manager to approve the BNSF Advanced Purchase of Materials and Notice to Proceed for reviews. 10. UNFINISHED BUSINESS 11. NEW BUSINESS 12. MISCELLANEOUS DISCUSSION 364 - 376 (a) City Manager Report 13. EXECUTIVE SESSION (a) Discussion with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) (15 minutes) 14. ADJOURNMENT 15. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter Page 6 of 378 MF# “Master File #....” 377 - 378 (b) Adopted Council Goals (Reference Only) Page 7 of 378 AGENDA REPORT FOR: City Council April 27, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 5/4/26 FROM: Krystle Shanks, City Clerk City Manager SUBJECT: Approval of Meeting Minutes for April 13th and April 20th I. ATTACHMENT(S): 4.13.2026 and 4.20.2026 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Special Meeting held on April 13, 2026, Council Workshop Meeting held on April 13, 2026, Special Meeting held on April 20, 2026 and Regular Meeting held on April 20, 2026. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 8 of 378 MINUTES City Council Special Meeting 7:00 PM - Monday, April 13, 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: David Milne, Charles Grimm, Joe Cotta, Leo Perales, Calixto Hernandez, Abel Campos, and Mark Figueroa Councilmembers attending remotely: Councilmembers absent: None Staff present: Richa Sigdel, Deputy City Manager; Kevin Crowley, Fire Chief; Julie Thompson, Finance Manager; Drew Pollom, City Attorney; Haylie Matson, Community & Economic Development Director; Brent Cook, Interim Police Chief; Maria Serra, Public Works Director; Mary Heather Ames, Deputy Public Works Director; Alyssa Warner, Community & Outreach Coordinator; and Krystle Shanks, Deputy City Clerk The meeting was opened with the Pledge of Allegiance. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS *Resolution No. 4727 - Setting Time and Date for a Public Hearing for a Right-of-Way Vacation-Dietrich Rd ROW Vacation (VAC2025-004) Ms. Matson provided a brief report on the proposed resolution setting a time and date for a public hearing for a right-of-way vacation for a portion or Dietrich Road. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Perales to approve Resolution No. 4727, setting 7:00 PM on Monday, May 4, 2026, as the time and date for a public hearing to the vacation of that portion of public road right of way for Dietrich Road, City of Pasco, Franklin County, Washington, situate in sections 21 and 22, township 9 north, range 30 east, Page 1 of 2Page 9 of 378 Willamette Meridian. RESULT: Motion carried 9-0 AYES: Mayor Pro Tem Milne, Mayor Grimm, Councilmember Barajas, Councilmember Blasdel, Councilmember Cotta, Councilmember Perales, Councilmember Hernandez, Councilmember Campos, and Councilmember Figueroa ADJOURNMENT There being no further business, the meeting was adjourned at 7:04 PM. PASSED and APPROVED on _______________________. APPROVED: ATTEST: Charles Grimm, Mayor Krystle Shanks, Deputy City Clerk Page 2 of 2Page 10 of 378 MINUTES City Council Workshop Meeting 7:05 PM - Monday, April 13, 2026 Pasco City Hall, Council Chambers & Microsoft Teams Webinar CALL TO ORDER The meeting was called to order at 7:05 PM by Charles Grimm, Mayor. ROLL CALL Councilmembers present: David Milne, Charles Grimm, Joe Cotta, Leo Perales, Calixto Hernandez, Abel Campos, and Mark Figueroa Councilmembers attending remotely: Councilmembers absent: None Staff present: Richa Sigdel, Deputy City Manager; Kevin Crowley, Fire Chief; Julie Thompson, Finance Manager; Drew Pollom, City Attorney; Haylie Matson, Community & Economic Development Director; Brent Cook, Interim Police Chief; Maria Serra, Public Works Director; Mary Heather Ames, Deputy Public Works Director; Alyssa Warner, Community & Outreach Coordinator; and Krystle Shanks, Deputy City Clerk The meeting was opened with the Pledge of Allegiance. VERBAL REPORTS FROM COUNCILMEMBERS Councilmember Cotta reported attending the City Improvement Plan (CIP) and Transportation Improvement Plan (TIP) meeting, noting it was well-run and informative, particularly discussions around the Highway 76 overpass and related development. Councilmember Perales shared that he attended the Northwest Carpenters Union journeyman graduation and highlighted the dedication of new skilled trades professionals. He also attended the Tri-City Association of Realtors awards luncheon, where he was nominated for Citizen of the Year, and recognized the late John Marshall’s contributions to the Team Pasco House program. Additionally, he met with the Latin Business Association (LBA) and a prospective downtown bakery and café Page 1 of 7Page 11 of 378 owner, emphasizing continued business interest in downtown. Councilmember Campos reported attending the City Improvement Plan (CIP) and Transportation Improvement Plan (TIP) meeting, praising staff and the opportunity for engagement and questions. He encouraged the public to attend an upcoming meeting at Ray Reynolds Middle School. He also attended a ribbon cutting for Casa de los Chilaquiles, complimenting the food and welcoming the new business. Councilmember Figueroa shared that he volunteered at a Parks and Recreation spring break kids camp, helping with soccer activities and highlighting the importance of youth participation and exposure to sports. Mayor Pro Tem Milne reported attending the Casa de los Chilaquiles event, praising the food, staff, and overall experience while encouraging the community to visit. Mayor Grimm reported attending the Benton Franklin Transit meeting, where the board unanimously decided to terminate the CEO and begin the process of finding new leadership. He noted that an interim leader is in place and that additional details will be released publicly once redactions are complete. ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT Frontage Improvement in R-S-20 Zones (Sidewalk, Streetlights etc.) Ms. Matson presented a policy discussion regarding frontage improvement requirements in the RS12 and RS20 zones, including whether to restore a pre- 2019 exemption for sidewalks, curbs, gutters, and streetlights. Staff outlined potential benefits of exemption, such as reduced development costs and preserving the area’s rural character, as well as concerns related to long-term infrastructure costs, safety, consistency with planning goals, and reduced eligibility for grant funding. Staff recommended maintaining current requirements and presented alternative options, including right-of-way dedication with or without fees in lieu of improvements. Council discussion reflected differing perspectives. Some members supported reducing or removing requirements to preserve rural character and lower development costs, while others emphasized long-term planning, safety, infrastructure continuity, and maintaining grant eligibility. Several members expressed interest in a balanced approach, particularly requiring right-of-way dedication while deferring full improvements. Stephen Bauman, Pasco resident and developer, supported Alternative 2 (right- of-way dedication only), stating it is reasonable, preserves the rural character, and avoids unnecessary upfront costs. Also supported the use of future LIDs and no- protest agreements. Jeff Kelly, Pasco resident and developer, supported Alternative 2 and emphasized affordability concerns, noting that frontage improvements on larger lots are cost- Page 2 of 7Page 12 of 378 prohibitive and that septic limitations may restrict higher-density development. An individual (name not provided) raised concerns about inconsistency in preserving the Riverview area while approving higher-density developments elsewhere in the city. Amber Wade, Pasco resident, opposed delaying infrastructure, citing personal experience with retrofitting sidewalks as disruptive and costly. Emphasized safety concerns and supported completing improvements during initial development. Following discussion, the majority of Council indicated support for requiring right- of-way dedication without full frontage improvements (Alternative 2), with interest in exploring future funding mechanisms such as LIDs. Staff was directed to further evaluate these options and return with additional information. 2026 Pavement Preservation Plan Ms. Serra introduced Ms. Ames, who presented the 2026 Pavement Preservation Plan, outlining preventative maintenance strategies such as crack sealing and chip sealing to extend road life. The city’s average Pavement Condition Index (PCI) is 77 (fair), with higher wear on arterials than residential streets. The presentation emphasized that proactive maintenance is more cost-effective than delayed repairs, noting that maintaining current pavement conditions would require significantly higher annual investment than current funding levels. Staff reviewed planned 2026 work areas, focusing on residential and lower-volume collector streets, and described the timing and sequencing of treatments. Council discussion focused on funding levels, long-term sustainability, and the gap between current spending and the estimated amount needed to maintain pavement conditions. Questions were asked regarding PCI data collection methods, lifecycle expectations of treatments, and long-term maintenance planning. Councilmembers expressed concern about underfunding, the growing street network, and the need to develop a more sustainable funding strategy over time. Mayor Grimm called for public comments three (3) times and no one came forward to speak. Court Street - Traffic Calming Passive Measures Performance Ms. Serra provided an update on Court Street traffic calming measures following a six-month evaluation of previously implemented passive measures, including reduced speed limits, buffered bike lanes, and signage. Results showed minimal change in driver behavior, with speeds still exceeding the posted limit. Staff recommended implementing active measures, specifically installing speed cushions along the corridor, with an estimated cost of approximately $70,000, plus optional additional signage. Page 3 of 7Page 13 of 378 Council generally supported proceeding with the recommended improvements, emphasizing safety concerns, particularly due to pedestrian and bicycle traffic along the corridor. Discussion included funding options, with general consensus leaning toward using general fund resources, and support for adding signage and proceeding without additional outreach beyond notification letters. Council also discussed enforcement, data collection, and potential traffic diversion to nearby streets. Dallas Green, Pasco resident, supported the project, emphasizing safety concerns, high speeds, and the number of violations observed, particularly along the Sacagawea Trail corridor. Pete Bord, Pasco resident, supported the measures, noting safety benefits and stating speed cushions are effective without significantly disrupting compliant drivers. Also suggested potential benefits in reducing heavy truck traffic. Jerry Roach, Pasco resident, supported the project, citing increased traffic over time and safety concerns, including past accidents and vehicle speeds in the area. Reed Simpson, Pasco resident, supported the project and emphasized the need for improved crosswalk visibility and ongoing concerns with racing and unsafe driving. Council direction was to proceed with implementation of speed cushions, include additional signage, fund the project primarily through the general fund, and move forward with limited outreach. Targeted Urban Area (TUA) Tax Exemption Program Ms. Sigdel presented an overview of the Targeted Urban Area (TUA) tax exemption program, a state-authorized incentive providing a 10-year local property tax exemption for qualifying industrial and manufacturing development. The program is intended to attract new manufacturing, create family-wage jobs, and increase long-term tax base, while noting potential impacts such as administrative complexity and temporary tax shifts. She introduced Mr. John Rosenau, Ms. Mandy Waller and Mr. Stephen McFadden, who were all available to provide additional information and answer questions. John Rosenau, Franklin County Assessor, explained that implementation is feasible but complex due to software limitations and the need to separately assess taxable and exempt portions of properties. Noted the program would require additional administrative work and resources, particularly for larger projects. Ms. Waller, City of Richland, shared that Richland has successfully implemented the program with multiple projects, including a major manufacturing investment. Page 4 of 7Page 14 of 378 Highlighted the program’s effectiveness in attracting development, while noting limitations such as the inability to selectively approve applicants and the need to manage tax shift impacts. Stephen McFadden, Port of Pasco, spoke in support of the program as a critical economic development tool to compete with other states. Emphasized the importance of including all eligible industrial land and noted the program’s potential to attract major employers and support long-term growth. Council discussion included program requirements, benefits for economic development, and implementation challenges, particularly related to coordination with Franklin County, software limitations, and increased administrative workload. Guest speakers from Franklin County, the Port of Pasco, and the City of Richland provided insight on implementation, noting the program’s effectiveness in attracting major projects, as well as operational complexities. Council discussion was generally supportive, emphasizing the need for economic development tools to remain competitive and attract industry. Members acknowledged trade-offs but agreed the potential long-term benefits outweigh the drawbacks. Mayor Grimm called for public comments three (3) times and no one came forward to speak. Ordinance - Special Event Code and Downtown Update Ms. Matson presented a proposed update to the Special Events Code, aimed at streamlining processes, improving clarity, and reducing administrative burden for applicants, particularly in alignment with downtown master planning efforts. Key changes include clearer thresholds for when permits are required, defined event categories, simplified application processes, standardized safety requirements, and improved review timelines. Council discussion focused on refining elements of the code, including application timelines, risk assessment criteria, insurance requirements, and the appeals process. Concerns were raised about overly subjective language, barriers for low- impact events, and whether appeals should go directly to City Council rather than a hearing examiner. Staff noted additional revisions would be made prior to the public hearing, including clarifying cost recovery for police services and permit requirements. Thomas Granbois, Pasco resident and business owner, supported efforts to streamline the process and make it more user-friendly. He expressed preference for appeals to be heard by City Council rather than a hearing examiner, noting councilmembers can recuse themselves if conflicts arise. Council directed staff to incorporate feedback, continue refining the ordinance, and bring the item back for further discussion at the upcoming public hearing prior Page 5 of 7Page 15 of 378 to formal action. Resolution - Professional Services Agreement Amendment No. 1 with RH2 Engineering, Inc. for Design Services for the Foster Wells Lift Station Improvements Project Ms. Serra presented a proposed amendment to the professional services agreement with RH2 Engineering for design services related to the Foster Wells Lift Station Improvements Project. The lift station, originally constructed in the 1990s, has experienced operational issues including leaks and mechanical deficiencies. Following an initial assessment, priority improvements were identified, including mechanical, electrical, ventilation, and control system upgrades. The proposed amendment increases the contract scope to include design, bidding support, and limited construction support, with an amount not to exceed $251,923, for a total contract value of $314,188. Staff noted that funding is available through existing bonds and anticipated grant funding. Council discussion included a question regarding project funding, with staff confirming that funds are available and expected to be allocated to the project. Mayor Grimm called for public comments three (3) times and no one came forward to speak. MISCELLANEOUS COUNCIL DISCUSSION Ms. Sidgel provided updates on upcoming outreach efforts, including a Transportation Improvement Plan and Capital Improvement Plan meeting at Ray Reynolds Middle School, a community meeting regarding LRA housing, and the Pasco Police Department’s upcoming Citizens Academy. She also noted Councilmember participation in the academy. Councilmember Perales raised concerns about a backlog of code enforcement complaints and requested a future presentation on how the City is addressing and prioritizing them, including consideration of enforcement actions. He also requested information on initiating a speed study for Cook Lane in response to constituent concerns. Ms. Serra explained that traffic calming efforts are currently limited due to lack of dedicated funding, but residents can submit concerns to begin data collection. She noted the City is working to bring on a contracted traffic engineer to support analysis and prioritization based on data. Council expressed support for receiving a future presentation on code enforcement backlog and operations. Mayor Grimm announced plans for Councilmember participation in upcoming Police Page 6 of 7Page 16 of 378 Chief interview panels, noting Councilmember Campos will participate alongside the Mayor. He emphasized fairness in distributing such opportunities among Councilmembers and clarified that the final hiring decision rests with the City Manager. Ms. Sigdel provided reminders on Community Outreach Meetings. ADJOURNMENT There being no further business, the meeting was adjourned at 10:07 PM. PASSED and APPROVED on _______________________. APPROVED: ATTEST: Charles Grimm, Mayor Krystle Shanks, Deputy City Clerk Page 7 of 7Page 17 of 378 MINUTES City Council Special Meeting 5:30 PM - Monday, April 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: David Milne, Charles Grimm, Joe Cotta, Leo Perales, Calixto Hernandez, Abel Campos, and Mark Figueroa Councilmembers attending remotely: Councilmembers absent: None Staff present: Harold Stewart, City Manager; Daniel Kenny, City Attorney; Bob Sterbank, Attorney; Haylie Matson, Community & Economic Development Director; Ivan Barragan, Planner III; and Krystle Shanks, Deputy City Clerk The meeting was opened with the Pledge of Allegiance. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO *Q Closed Record Appeal - Madison Park North Phase 1 FP2025-006 Closed Record Appeal (APPL 2025-003) Mr. Kenny, City Attorney, announced that this item was a quasi-judicial action and explained the procedure for closed record appeal hearing quasi-judicial items, noting that this item was a Closed Record Appeal Hearing, and no new evidence may be presented, only those who participated in the Open Record Hearing in front of the Hearing Examiner may testify and arguments must be summary only and not offer new evidence. 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 Page 1 of 4Page 18 of 378 conflicts or appearance of conflicts. Councilmember Perales disclosed that he had received in the past, campaign contributions from two of the appellants, Dave Swisher and Jon Padvorac, but noted he could make a decision based on the everything presented in the record. Mr. Kenny then asked if any members of the public were seeking to disqualify a member of Council from participating in the proceedings. Mr. Carmody, attorney for the appellants, asked if there had been any correspondence or dialogue between Councilmembers and Attorney Bob Sterbank or his office, on matters related to Madison Park North. Discussion ensued between Mr. Kenny and Mr. Carmody regarding attorney- client privileged communications. Councilmember Perales stated that he has not had communications with Mr. Sterbank outside of the attorney-client privileged correspondence. Ms. Matson then provided an overview of the final plat approval process, noting that the application had been administratively approved on December 18, 2025, and recorded thereafter. Staff explained that final plats must be consistent with the approved preliminary plat and applicable code requirements, including completion or bonding of required infrastructure. Staff recommended that Council conduct the hearing, deny and dismiss the appeal, affirm the final plat approval, and exclude specified pages from the record. MOTION: Councilmember Cotta moved, seconded by Councilmember Figueroa to proceed to the 15-minute arguments. RESULT: Motion carried 6-1 AYES: Mayor Pro Tem Milne, Mayor Grimm, Councilmember Cotta, Councilmember Hernandez, Councilmember Campos, and Councilmember Figueroa NAYS: Councilmember Perales EXECUTIVE SESSION Council adjourned into Executive Session at 7:04 PM for 5 minutes returning at 7:09 PM to discuss with legal counsel representing the agency litigation or potential litigation with the City Manager and City Attorney. At 7:09 PM Mayor Grimm announced that the Executive Session would continue for another 5 minutes or until 7:14 PM. Mayor Grimm called the meeting back to order at 7:14 PM. Page 2 of 4Page 19 of 378 CLOSED RECORD APPEAL HEARING CONTINUED Upon return to open session, Councilmembers provided deliberative comments and had subsequent questions answered by staff. Councilmember Cotta stated that staff appropriately approved the plat and that denying approval would have been improper. Councilmember Hernandez concurred. Councilmember Figueroa stated that staff followed established procedures and code requirements and supported denial of the appeal. Councilmember Perales expressed concerns regarding the fairness of the process and the integrity of the record and suggested providing the appellant an opportunity for additional written response or considering an open record hearing. Based on Council discussion, a majority of Council indicated support to deny and dismiss the appeal and affirm the administrative approval of the final plat. Councilmember Perales had issues with the records and the process and felt more time would be appropriate. Would like to see an open record hearing. MOTION: Leo Perales moved, to continue the hearing to allow the appellant to provide written documentation in response to the staff report published the prior week. The motion did not receive a second and therefore failed. MOTION: Mark Figueroa moved, seconded by Joe Cotta, to deny and dismiss the appeal filed by appellant Dave Swisher and Farm 2005, LLC and to affirm the City of Pasco's approval of the Madison Park North Phase 1 Final Plat. RESULT: Motion carried 6-1 by Roll Call vote. AYES: David Milne, Charles Grimm, Joe Cotta, Calixto Hernandez, Abel Campos, Mark Figueroa NAYS: Leo Perales ABSTAIN: ABSENT: MOTION: Joe Cotta moved, seconded by Calixto Hernandez, to exclude from the final plat appeal closed record pages numbered 172 through 571. RESULT: Motion carried 5-2 by Roll Call vote. AYES: David Milne, Charles Grimm, Joe Cotta, Calixto Hernandez, Mark Figueroa NAYS: Leo Perales, Abel Campos ABSTAIN: ABSENT: Page 3 of 4Page 20 of 378 ADJOURNMENT There being no further business, the meeting was adjourned at 7:23 PM. PASSED and APPROVED on _______________________. APPROVED: ATTEST: Charles Grimm, Mayor Krystle Shanks, Deputy City Clerk Page 4 of 4Page 21 of 378 MINUTES City Council Regular Meeting 7:00 PM - Monday, April 20, 2026 Pasco City Hall, Council Chambers & Microsoft Teams Webinar CALL TO ORDER The meeting was called to order at 7:30 PM by Mayor Charles Grimm following the conclusion of a special meeting that ran longer than scheduled. 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, Parks & Recreation Director; Kevin Crowley, Fire Chief; Kevin Hebdon, Finance Director; Daniel Kenny, City Attorney; Haylie Matson, Community & Economic Development Director; Sara Matzen, Human Resources Director; Brent Cook, Interim Police Chief; Maria Serra, Public Works Director; and Krystle Shanks, Deputy City Clerk The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA Approval of Meeting Minutes for April 6th To approve the minutes of the Pasco City Council Special Meeting and Regular Meeting both held on April 6, 2026. Bills and Communications - Approving Claims in the Total Amount of $7,775,038.99 and Write-off Totaling $3,272.00 (delinquent bad debt) To approve claims in the total amount of $7,775,038.99 ($2,635,974.83 in Check Nos. 277475 - 277810; $2,350,723.66 in Electronic Transfer Nos. 852663 - Page 1 of 9Page 22 of 378 852888, 852891 - 852910, 852913 - 852918, 852924 - 852930, 852933 - 852937; $12,681.32 in Check Nos. 55164 - 55221; $2,775,659.18 in Electronic Transfer Nos. 30240065 - 30241413). To approve bad debt write-off for accounts receivable including Utility Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the total amount of $3,272.00 and, of that amount, authorize $3,272.00 to be turned over for collection. Resolution No. 4728 - Professional Services Agreement Amendment No. 1 with RH2 Engineering, Inc. for Design Services for the Foster Wells Lift Station Improvements Project To approve Resolution No. 4728, authorizing the City Manager to execute Amendment No. 1 for the professional services agreement with RH2 Engineering, Inc. for the design of the Foster Wells Lift Station Improvements Project. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Perales to approve the Consent Agenda as read by Roll Call vote. RESULT: Motion carried 7-0 AYES: Mayor Grimm, Mayor Pro Tem Milne, Councilmember Figueroa, Councilmember Perales, Councilmember Cotta, Councilmember Hernandez, and Councilmember Campos PUBLIC COMMENTS Mike Gonzalez, Pasco resident, spoke on behalf of the Latin Business Association, emphasizing the need to support downtown revitalization and fill the gap left by DPDA. He outlined plans to assist small businesses, strengthen connections with City Hall, and rebrand the organization to reflect broader community unity. Mary Mahoney, Pasco resident, raised concerns about City spending and accountability, including the aquatic center, animal control finances, LID and environmental impacts. Bob Mangione, Franklin County, shared his experience battling cancer and requested approval of short-term rentals to provide income for his family. He described plans to operate responsibly and expressed a desire to remain self-sufficient. Amber Wade, Pasco resident, a prolonged water outage in her community and her issues with the City’s response. She highlighted a community member from Kennewick who stepped in to help and urged stronger support for residents.. Kamara Brooks, Walla Walla County resident, and owner of a local driving school, expressed safety concerns about a marijuana dispensary located next to her driving school, citing debris, impaired individuals, and traffic issues. She asked Council to Page 2 of 9Page 23 of 378 review zoning compatibility near youth-focused businesses. Jeannine Hummer, Pasco resident, spoke in support of Bob Mangione, highlighting his character and community involvement, and encouraged approval of short-term rentals to assist his family. Vince Martinez, Benton County, also supported Bob Mangione, emphasizing his integrity and contributions to others, and urged Council to approve short-term rentals Doug Perez, Kennewick resident, commented that short-term rentals are already operating successfully in Pasco, acknowledged potential administrative impacts, and supported their use as an opportunity. Ms. Serra noted that there were individuals online that wanted to speak to the PWRF Presentation later on the agenda for the evening and asked if they should speak now or during that agenda item. Mayor Grimm said for that item, it would be best to provide comment at that time, though they would keep comments still to 3 minutes. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Councilmember Hernandez shared participation in the Citizen Police Academy and promoted the Taco Crawl fundraiser benefiting local organizations. Councilmember Campos reported attending a housing outreach meeting with strong public opposition and a county emergency management meeting highlighting a successful nuclear exercise and upcoming planning efforts. Councilmember Cotta noted attending infrastructure meetings, housing outreach discussions, and community engagement events with students and residents. Councilmember Figueroa highlighted outreach with college students and youth leaders on issues such as housing, economic development, and drug prevention, and noted volunteering at a regional event. Mayor Grimm reported involvement in police chief recruitment, regional meetings, and housing outreach, and discussed concerns regarding state siting of sexual offenders and the need for community response. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Public Hearing & Ordinance No. 4826 - Assuming Powers of the Pasco Transportation Benefit District Page 3 of 9Page 24 of 378 Ms. Sigdel presented the Transportation Benefit District (TBD), explaining it as a funding tool for transportation projects and recommending Council assume its powers for administrative efficiency due to declining traditional revenues and increasing roadway demands. Mayor Grimm opened the public hearing and called for public comments three (3) times. No one came forward to speak and the public hearing was closed. Council requested clarification on staffing, and staff confirmed street crew levels have remained unchanged despite significant growth in road miles, citing funding constraints. Council noted the importance of this context and acknowledged staff efforts. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Perales to adopt Ordinance No. 4826, assuming the rights, powers, functions, immunities, and obligations of the Pasco Transportation Benefit District; providing for severability and establishing an effective date; authorizing publication by summary only. RESULT: Motion carried 7-0 AYES: Mayor Grimm, Mayor Pro Tem Milne, Councilmember Figueroa, Councilmember Perales, Councilmember Cotta, Councilmember Hernandez, and Councilmember Campos Public Hearing and Ordinance Nos. 4827 and 4828: Emergency Comprehensive Plan Land Use Map Amendment (CPA 2025-002) – Low Density Residential Land Use Changes, and Rezone of R-S-20 and the newly added parcels with associated text amendments (CA2025-006 and Z2025- 011) Ms. Matson presented on two emergency comprehensive plan amendments to address inconsistencies between the comprehensive plan and zoning designations. The proposal included reducing allowable density ranges, replacing RS-20, and incorporating three additional parcels for efficiency. Staff noted the amendment had undergone public process, received minimal public comment, and clarified that the changes reduce—not increase—density. Mayor Grimm opened the public hearing and called for public comments three (3) times. No one came forward to speak and the public hearing was closed. During discussion, a Councilmember asked about the use of septic systems, and staff clarified that septic may be allowed in limited cases where lot size and health district requirements are met. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Perales to adopt Ordinance No. 4827, adopting the 2018 comprehensive plan amendment: low density Residential-Riverview by reference and incorporating such into the city of Pasco comprehensive plan by addendum and further Page 4 of 9Page 25 of 378 authorize publication by summary only. RESULT: Motion carried 7-0 AYES: Mayor Grimm, Mayor Pro Tem Milne, Councilmember Figueroa, Councilmember Perales, Councilmember Cotta, Councilmember Hernandez, and Councilmember Campos MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Perales to adopt Ordinance No. 4828, amending and repealing sections of Pasco Municipal Code, in Title 17 Sign Code, Title 21 Urban Area Subdivision Regulations, and Title 25 Zoning, related to changes made to the R-S-20 Suburban District and further amending the official zoning map classification from R-S-20 suburban district and Parcels 118431055 and 118461013 (zoned R-1) and Parcel 118461031 (zoned R-S-12) to R-15 low density residential district, and further authorize publication by summary only. RESULT: Motion carried 7-0 AYES: Mayor Grimm, Mayor Pro Tem Milne, Councilmember Figueroa, Councilmember Perales, Councilmember Cotta, Councilmember Hernandez, and Councilmember Campos ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Ordinance No. 4829 - Emergency Comprehensive Plan Amendment- School District Capital Facilities Plan Update Ms. Matson presented an emergency comprehensive plan amendment adopting the Pasco School District Capital Facilities Plan update. She explained the item is a routine, biannual update aligned with the City’s periodic review cycle and is used to inform school impact fees. She noted the item had been workshopped with Council, reviewed by the Planning Commission with a recommendation for approval, and did not require a public hearing at this stage and staff recommended approval. Mayor Grimm called for public comments three (3) times and no one came forward to speak. MOTION: Mayor Pro Tem Milne moved, seconded by to adopt Ordinance No. 4829, adopting the Pasco School District No. 1 2025 Update to the Capital Facilities Plan by reference and incorporating such into the City of Pasco Comprehensive Plan by addendum and further authorize publication by summary only. RESULT: Motion carried 7-0 AYES: Mayor Grimm, Mayor Pro Tem Milne, Councilmember Figueroa, Councilmember Perales, Councilmember Page 5 of 9Page 26 of 378 Cotta, Councilmember Hernandez, and Councilmember Campos Ordinance No. 4830 - Special Event Code and Downtown Update Ms. Matson introduced the proposed ordinance related to updates to the special event code and downtown regulations, noting that the item had been noticed as a public hearing but was not clearly reflected on the agenda. She explained that a public hearing is required for this code amendment because it bypassed the Planning Commission process and acknowledged the oversight, suggesting the item be properly re-noticed to ensure public participation. Council discussed the procedural issue and expressed a preference to ensure clarity and full opportunity for public input. Staff and legal counsel recommended tabling the item to avoid any notice deficiencies and to bring it back with proper process. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Perales to table Ordinance No. 4830 to a later date for proper public hearing notice. RESULT: Motion carried 7-0 AYES: Mayor Grimm, Mayor Pro Tem Milne, Councilmember Figueroa, Councilmember Perales, Councilmember Cotta, Councilmember Hernandez, and Councilmember Campos Ordinance No. 4831 - Approving NFC Northwest, LLC Franchise Agreement Ms. Serra provided presented a franchise agreement with NFC Northwest LLC to allow installation and operation of fiber optic infrastructure within the City’s right- of-way. She noted the item had been previously reviewed by Council, a public hearing was held with no public comment, and the proposal meets all municipal, state, and federal requirements. Staff recommended approval. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Perales to adopt Ordinance No. 4831, approving a Non-Exclusive Franchise to construct, install, operate, maintain, repair, or remove fiber optic cables within the public ways of the City of Pasco and, further, authorize publication by summary only. RESULT: Motion carried 7-0 AYES: Mayor Grimm, Mayor Pro Tem Milne, Councilmember Figueroa, Councilmember Perales, Councilmember Cotta, Councilmember Hernandez, and Councilmember Campos *Resolution No. 4729 - Acceptance of work for the Memorial Pool Bubble Cover New Construction Project Page 6 of 9Page 27 of 378 Ms. Serra presented an acceptance of work on the Memorial Pool bubble cover foundation project completed by ESF Solutions LLC. She outlined the scope of work, including removal of the existing deck, discovery of unforeseen conditions, and construction necessary to support the pool dome. The original bid was approximately $758,000, with change orders bringing the final construction cost to approximately $864,230.40. Staff confirmed the contractor met all contractual obligations and recommended acceptance of the project to allow closeout and release of retainage. Council expressed appreciation for the project and its contribution to year-round swimming opportunities. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Perales to approve Resolution No. 4729, accepting work performed by ESF Solutions LLC, of Walla Walla WA, under contract for the Memorial Pool Bubble Cover New Construction Project. RESULT: Motion carried 7-0 AYES: Mayor Grimm, Mayor Pro Tem Milne, Councilmember Figueroa, Councilmember Perales, Councilmember Cotta, Councilmember Hernandez, and Councilmember Campos *Resolution No. 4730 - Participation in the National Six Remnant Defendants Opioids Settlement Ms. Sigdel and Mr. Stewart provided a report regarding participation in an additional opioid settlement. Staff explained the City has already been receiving funds through a statewide lawsuit and that this action would authorize participation in a second, related settlement to secure additional funding. It was noted that funds from the new settlement would not be subject to the same restrictions as the existing funds. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Perales to approve Resolution No. 4730, authorizing the City Manager to Sign Settlement Participation Forms for the National Six Remnant Defendants Opioids Settlement. RESULT: Motion carried 7-0 AYES: Mayor Grimm, Mayor Pro Tem Milne, Councilmember Figueroa, Councilmember Perales, Councilmember Cotta, Councilmember Hernandez, and Councilmember Campos NEW BUSINESS Process Water Reuse Facility (PWRF) Customer Rates Annual Review Page 7 of 9Page 28 of 378 Ms. Serra presented the annual review of customer rates for the Process Water Reuse Facility (PWRF), emphasizing that no rate increase was being proposed at this time. She provided an overview of the facility, recent expansion, and its public-private partnership structure, including a long-term agreement with a third- party operator. Staff reported the utility is currently operating at a deficit, with revenues—particularly from renewable natural gas (RNG)—underperforming projections and operating costs exceeding expectations. She noted ongoing collaboration with facility customers through a work group to evaluate alternatives, including cost controls, potential use of tax credit funds, and other solutions, with the intent to return to Council with options. During Council discussion, concerns were raised regarding the financial sustainability of the utility, transparency of cost increases, and the potential impact on local businesses. Council emphasized the need for timely communication, evaluation of the third-party contract, and exploration of alternatives to rate increases, including use of available funds to offset costs. Staff confirmed continued work with stakeholders and plans to bring forward options for Council consideration. Shem Oesch, Grimmway, stated processors have already experienced significant rate increases and cannot absorb additional costs, citing uncertainty in system performance. Jodie Fleshman, Simplot, expressed concern over rising costs and limited visibility into third-party operations, noting continued increases are unsustainable. Elizabeth Ober, Oregon Potato Company, emphasized that processors cannot sustain multimillion-dollar increases and stated they are willing to pay for wastewater treatment but not for unrelated or underperforming system costs.. Dale Goyer, Twin City Foods, highlighted significant cost increases, questioned third-party performance, and stressed the urgency of resolving the issue due to impacts on business viability and employment. Council acknowledged the concerns raised and indicated the need for continued collaboration with stakeholders to develop sustainable solutions. Following public comment, Mr. Stewart acknowledged the processors as key community partners, stated the current rate impacts are not sustainable, and emphasized that staff is working to identify solutions, including coordination with the third-party operator and evaluation of available options. MISCELLANEOUS DISCUSSION City Manager noted no additional items for discussion. Mayor Grimm announced an upcoming LRA housing outreach meeting scheduled at McLoughlin Middle School at 4:30 p.m. on Wednesday the 29th and encouraged Page 8 of 9Page 29 of 378 public participation. ADJOURNMENT There being no further business, the meeting was adjourned at 9:22 PM. PASSED and APPROVED on _______________________. ADDITIONAL NOTES APPROVED: ATTEST: Charles Grimm, Mayor Krystle Shanks, Deputy City Clerk Page 9 of 9Page 30 of 378 AGENDA REPORT FOR: City Council April 23, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 5/4/26 FROM: Kevin Hebdon, Director Finance SUBJECT: Bills and Communications - Approving Claims in the Total Amount of $8,264,089.19 I. ATTACHMENT(S): Accounts Payable 04.09.26 to 04.22.26 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $8,264,089.19 ($4,173,022.00 in Check Nos. 277811 - 278031; $2,800,550.13 in Electronic Transfer Nos. 852948 - 852960, 853209, 853213 - 853214; $6,161.48 in Check Nos. 55222 - 55227; $1,284,355.58 in Electronic Transfer Nos. 30241414 - 30242069). 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 31 of 378 REPORTING PERIOD: May 4, 2026 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 277811 - 278031 55222 - 55227 Total Check Amount $4,173,022.00 $6,161.48 Total Checks 4,179,183.48$ Electronic Transfer Numbers 852948 - 852960 30241414 - 30242069 853209 853213 - 853214 Total EFT Amount $2,800,550.13 $1,284,355.58 $0.00 $0.00 Total EFTs 4,084,905.71$ Grand Total 8,264,089.19$ Councilmember B 100 1,064,512.40 110 64,340.02 140 4,792.60 145 4,156.79 150 98,640.53 160 12,320.99 165 3,788.96 168 55,526.77 170 881.34 180 1,059.98 185 467.31 188 63,741.35 190 162.00 194 825.01 195 1,398.15 196 HOTEL/ MOTEL EXCISE TAX 39,265.60 367 422,038.29 410 4,100,396.54 510 67,730.05 511 21,861.46 515 152,644.12 520 747,185.63 630 3,154.27 690 1,333,199.03 GRAND TOTAL ALL FUNDS:8,264,089.19$ 04.09.26 to 04.22.26 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. 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 4th day of May 2026 that the merchandise or services hereinafter specified have been received and are approved for payment: C.D. BLOCK GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE Councilmember A SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMENT LODGING REVOLVING ABATEMENT CEMETERY ATHLETIC PROGRAMS ANIMAL CONTROL SENIOR CENTER OPERATING MULTI-MODAL FACILITY EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL MEDICAL/ DENTAL/ VISION INSURANCE ECONOMIC DEVELOPMENT STADIUM/ CONVENTION CENTER GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/ SEWER FLEX PAYROLL CLEARING Page 32 of 378 AGENDA REPORT FOR: City Council April 27, 2026 TO: Harold Stewart, City Manager City Council Workshop Meeting: 5/4/26 FROM: Brent Cook, Police Chief Police Department SUBJECT: Resolution No. 4731 and Ordinance No. 4832 - Authorizing acceptance of the with agreement grant a execution and funding grant of Washington State Department of Commerce, Office of Crime Victims Advocacy and Amending 2025–2026 Operating Budget I. ATTACHMENT(S): Resolution Grant Agreement - DVHRT Contract Ordinance Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4731, authorizing acceptance of grant funding and execution of a grant agreement with the Washington State Department of Commerce, Office of Crime Victims Advocacy, for the SFY26 Domestic Violence High Risk Team (DVHRT) Program. MOTION: I move to adopt Ordinance No. 4832, amending the 2025-2026 Biennial Operating Budget, as adopted by Ordinance No. 4794, as amended; providing for the appropriation of $44,190 in grant funds for the Domestic Violence High Risk Team Program; and providing for severability and an effective date; authorizing publication by summary only. III. FISCAL IMPACT: The city will receive $44,190.00 in grant funding from the Washington State Department of Commerce, Office of Crime Victims Advocacy, for the period of April 1, 2026, through June 30, 2026. Budget allocation: Salaries: $29,178.00 Page 33 of 378 Benefits: $15,012.00 There is no local match requirement, and the funding is provided on a reimbursement basis. This grant supports a detective position by funding an existing role; it does not create a new position or generate additional costs for the City. This first contract covers $44,190.00 for the period April through June only. A second contract will be issued later for the remaining approved grant funds of $88,376.00, which will cover July 1 through December 3, 2026. Together, both contracts make up the full award of $132,566.00. The second funding period is not included in the current contract and will be addressed separately. IV. HISTORY AND FACTS BRIEF: Background: In the mid-1990s, the Pasco Police Department participated in a STOP grant- funded the through program administered Violence Domestic Advocate Washington Office of Crime Victim Advocacy (OCVA). This program supported victims of domestic violence by providing access to services, protection orders, and advocacy resources across Benton and Franklin Counties. In January 2025, the Department elected not to renew participation due to insufficient funding levels to sustain personnel costs. Following that decision, the of & Benton Services Department Domestic with partnered Violence Franklin Counties (DVSBF) to implement the Danger Assessment for Law Enforcement (DA-LE) tool. This evidence-based assessment supports officers in identifying high-risk domestic violence cases and connecting victims to resources through a Domestic Violence High Risk Team (DVHRT) model. The Pasco Police Department subsequently applied for and was awarded STOP grant funding to support a DVHRT Investigator position. This position will focus on trauma-informed investigations, high-risk case management, and coordinated response efforts aimed at reducing domestic violence-related serious injury and homicide. The funding supports a Domestic Violence High Risk Team Investigator role and associated program activities. Impact (other than fiscal): Enhances victim safety through early identification of high-risk domestic violence cases Strengthens coordinated regional response with DVSBF and partner agencies Improves investigative outcomes through trauma-informed practices Page 34 of 378 Supports offender accountability and violence prevention strategies Aligns with Council goals related to public safety and community well- being V. DISCUSSION: Recommendation: Staff seeks Council direction on acceptance of the grant funding and the proposed budget amendment. Constraints (time or other considerations): The grant period began April 1, 2026, and ends June 30, 2026, requiring timely Council action to ensure full utilization of the awarded funds. Next Steps: Upon approval, assign an existing sworn officer to the DVHRT investigator role Formalize coordination protocols with DVSBF and regional partners Begin implementation of enhanced case management and investigation practices Track performance metrics and prepare required grant reporting Alternatives: Do not approve the grant funding, resulting in no dedicated DVHRT Investigator Delay approval pending additional information or program analysis Explore alternative funding sources to support a similar position outside of the grant Page 35 of 378 Resolution – DVHRT Program ILA - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING ACCEPTANCE OF GRANT FUNDING AND EXECUTION OF A GRANT AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF COMMERCE, OFFICE OF CRIME VICTIMS ADVOCACY, FOR THE SFY26 DOMESTIC VIOLENCE HIGH RISK TEAM (DVHRT) PROGRAM. WHEREAS, the Washington State Department of Commerce, Office of Crime Victims Advocacy, administers grant funding to support coordinated responses to high-risk domestic violence cases; and WHEREAS, the City of Pasco Police Department has been awarded grant funding in the amount of $44,190 to support participation in the Domestic Violence High Risk Team (DVHRT) Program for the period of April 1, 2026, through June 30, 2026; and WHEREAS, ; and the grant will support a Domestic Violence High Risk Team Investigator role and related program activities focused on high-risk case investigation, victim safety, and offender accountability through coordinated regional response; and WHEREAS, the City Council has determined that entering into this grant agreement is in the best interest of the City of Pasco; 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 Grant Agreement between the Washington State Department of Commerce, Office of Crime Victims Advocacy, and the City of Pasco for the SFY26 Domestic Violence High Risk Team Program; a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and Be It Further Resolved, that the City Council authorizes the City Manager to sign and execute the Grant Agreement (Contract No. S26-31114 -009), and any amendments thereto, on behalf of the City of Pasco; Be It Further Resolved, that this Resolution shall take effect immediately. Page 36 of 378 Resolution – DVHRT Program 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: _____________________________ ___________________________ Krystle Shanks Ogden Murphy Wallace, PLLC Deputy City Clerk City Attorney Page 37 of 378 Interagency Agreement with Pasco Police Department through Office of Crime Victims Advocacy Community Services Division Grant Number: S26-31114-009 For SFY26 Domestic Violence High Risk Team Program Dated: 04/01/2026 Docusign Envelope ID: CC00120D-7EE9-84CA-80AE-39A269D7F19F Page 38 of 378 ________________________________________________________________________________________________________ Page 2 of 14 Table of Contents FACE SHEET ............................................................................................................................................................ 3 SPECIAL TERMS AND CONDITIONS ......................................................................................................................... 4 1. AUTHORITY ...................................................................................................................................................... 4 2. BILLING PROCEDURES AND PAYMENT ............................................................................................................. 4 3. COMPENSATION .............................................................................................................................................. 5 4. CONTINGENCY OF FUNDING……………………………………………………………………………………………………………………………….5 5. CONTRACT MANAGEMENT ............................................................................................................................. 5 6. DOMESTIC VIOLENCE HIGH RISK TEAM REQUIREMENTS………………………………………………………………….…………5 7. FRAUD AND OTHER LOSS REPORTING ............................................................................................................. 6 8. GRANT MODIFICATION .................................................................................................................................... 6 9. INSURANCE ...................................................................................................................................................... 6 10. REPORTING…………………………………………………………………………………………………………………………………………………6 11. SUBCONTRACTOR DATA COLLECTION…………………………………………………………………………………………..……………6 12. ORDER OF PRECEDENCE .................................................................................................................................. 6 GENERAL TERMS AND CONDITIONS ....................................................................................................................... 7 1. DEFINITIONS .................................................................................................................................................... 7 2. ALL WRITINGS CONTAINED HEREIN ................................................................................................................. 7 3. AMENDMENTS ................................................................................................................................................ 7 4. ASSIGNMENT ................................................................................................................................................... 7 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION ........................................................................... 7 6. COPYRIGHT ...................................................................................................................................................... 8 7. DISPUTES ......................................................................................................................................................... 8 8. GOVERNING LAW AND VENUE ........................................................................................................................ 8 9. INDEMNIFICATION .......................................................................................................................................... 9 10. LICENSING, ACCREDITATION AND REGISTRATION ........................................................................................... 9 11. RECAPTURE...................................................................................................................................................... 9 12. RECORDS MAINTENANCE ................................................................................................................................ 9 13. SAVINGS .......................................................................................................................................................... 9 14. SEVERABILITY ................................................................................................................................................... 9 15. SUBCONTRACTING .......................................................................................................................................... 9 16. SURVIVAL ....................................................................................................................................................... 10 17. TERMINATION FOR CAUSE............................................................................................................................. 10 18. TERMINATION FOR CONVENIENCE ................................................................................................................ 10 19. TERMINATION PROCEDURES ......................................................................................................................... 10 20. TREATMENT OF ASSETS ................................................................................................................................. 11 21. WAIVER ......................................................................................................................................................... 11 ATTACHMENT A: SCOPE OF WORK....................................................................................................................... 12 ATTACHMENT B: BUDGET .................................................................................................................................... 14 Docusign Envelope ID: CC00120D-7EE9-84CA-80AE-39A269D7F19F Page 39 of 378 ________________________________________________________________________________________________________ Page 3 of 14 Face Sheet Contract Number: S26-31114-009 Washington State Department of Commerce Community Services Division Office of Crime Victims Advocacy SFY26 Domestic Violence High Risk Team Program 1. Contractor 2. Contractor Doing Business As (as applicable) City of Pasco 525 N 3RD AVE PASCO, WA 99301 Pasco Police Department 3. Contractor Representative 4. COMMERCE Representative Jeff Harpster Captain harpsterj@pasco-wa.gov (509) 545-3483 Jorey Stine Program Manager (360) 725-2891 jorey.stine@commerce.wa.gov PO Box 42525 98504-8304 1011 Plum Street SE Olympia WA 98501 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $44,190.00 Federal: State: Other: N/A: 04/01/2026 06/30/2026 9. Federal Funds (as applicable) N/A Federal Agency: N/A ALN N/A 10. SWV # 11. UBI # 12. UEI # 13. Indirect Rate SWV0007164-00 113000052 SLEFSS3F3H88 N/A 14. Award Method Competitive: Yes Direct: NOFO/RFX # N/A Proviso # N/A 15. Grant Purpose To provide funding in support of Domestic Violence High Risk Teams to increase support to high-risk domestic violence victims and high-risk offender accountability. COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment “A” – Scope of Work; Attachment “B” – Budget; and Grantee’s Application for funding. FOR CONTRACTOR FOR COMMERCE Name, Title Signature Date Cindy Guertin-Anderson, Assistant Director Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE Docusign Envelope ID: CC00120D-7EE9-84CA-80AE-39A269D7F19F Page 40 of 378 ________________________________________________________________________________________________________ Page 4 of 14 Special Terms and Conditions 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly nor less than quarterly. The Grantee shall submit all requests for reimbursement via the Commerce Contracts Management System (CMS) which is available through the Secure Access Washington (SAW) portal. The invoice shall include the Contract Number S26-31114-009. If applicable, Contractor must also include attachments that describe and document, to COMMERCE's satisfaction, a detailed description of the work performed, progress of the project, and/or receipts or other proof of payment. Except for approved indirect costs, if any, or as otherwise authorized by COMMERCE in writing, a receipt must accompany every expense in the amount of $50.00 or more to receive reimbursement. COMMERCE may request additional documentation at any time. Any expense reimbursed under this Contract which is later determined to be unallowable must be repaid according to the terms COMMERCE provides. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be made electronically utilizing Grantee’s Statewide Vendor (SWV) number. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. No payments in advance of or in anticipation of any expense reimbursable under this Grant shall be made by COMMERCE. If subgranting and/or subcontracting is authorized by COMMERCE, all Subgrantee/Subcontractor payments are reimbursable expenses within the meaning of this Agreement. Grantee must have, and may be required to demonstrate, the means to pay each and every Subgrantee/Subcontractor. Failure to pay Subgrantees/Subcontractors as agreed may result in suspension or termination of this Grant. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. Docusign Envelope ID: CC00120D-7EE9-84CA-80AE-39A269D7F19F Page 41 of 378 ________________________________________________________________________________________________________ Page 5 of 14 Unless otherwise authorized by COMMERCE in writing, reimbursable payroll costs shall not include employee overtime nor bonus pay. COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by COMMERCE of the final report (or completion of the project, etc.). 3. COMPENSATION COMMERCE shall pay an amount not to exceed $44,190.00 for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work. Grantee's compensation for services rendered shall be based on the terms of the Scope of Work and Budget. Expenses Contractor shall receive reimbursement for approved expenses as identified below or as authorized in advance by COMMERCE as reimbursable. The maximum amount to be paid to the Contractor for authorized expenses shall not exceed $44,190.00 which amount is included in the Contract total above. If travel is required to complete the scope of work and approved in advance in writing, reimbursable travel expenses may include airfare (economy or coach class only), other transportation, lodging, and food necessary during periods of required travel. Transfer of funds between line item budget categories must be approved by the Office of Crime Victims Advocacy (OCVA) program staff. A cumulative amount of these transfers exceeding ten (10) percent of the total program budget shall be subject to justification and negotiation between the Grantee and OCVA, including approval from the Grantee’s signature authority and the relevant OCVA Section Manager. Payment will be on a reimbursement basis only. Travel expenses incurred or paid by Grantee shall be reimbursed at a rate not to exceed the current state rate and in accordance with the State of Washington Office of Financial Management Travel Regulations. Current travel rates may be accessed at: https://ofm.wa.gov/sites/default/files/public/resources/travel/colormap.pdf 4. CONTINGENCY OF FUNDING Funding is contingent on ongoing use of the Danger Assessment for Law Enforcement (DA-LE) by the Pasco Police Department. Funding is contingent on an active Domestic Violence High Risk Team in Franklin County. 5. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 6. DOMESTIC VIOLENCE HIGH RISK TEAM REQUIREMENTS As a condition of grant funding the Pasco Police Department will participate in activities related to the Franklin County Domestic Violence High Risk Team project. This includes, as required by Commerce and/or The Geiger Institute: • Attending and participating in training, • Attending and participating in technical assistance calls, • Attending and participating in the Franklin County DVHRT meetings, and • Providing any data as requested. Docusign Envelope ID: CC00120D-7EE9-84CA-80AE-39A269D7F19F Page 42 of 378 ________________________________________________________________________________________________________ Page 6 of 14 7. FRAUD AND OTHER LOSS REPORTING Contractor shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 8. GRANT MODIFICATION Notwithstanding any provision of this grant to the contrary, at any time during the grant period, COMMERCE may, by written notification to the Grantee and without notice to any known guarantor or surety, make changes within the general scope of the program activities to be performed under this Grant. All other modifications shall not be valid unless made in writing and signed by the parties. Any oral understandings and agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. Notwithstanding any provision of this grant to the contrary, at any time during the grant period, COMMERCE may analyze grant expenditures as a proportion of the grant budget. If COMMERCE determines, in its sole discretion, that the grant funding is underutilized, COMMERCE, in its sole discretion, may unilaterally modify the grant to reduce the balance of the grant budget. Funds de- obligated by COMMERCE as a result of a budget reduction may be made available to other grantees for the provision of eligible program activities. 9. INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program and shall be responsible for losses for which it is found liable. 10. REPORTING Contractors must collect and maintain data that measure the performance and effectiveness of work done under this contract. Procedures shall include gathering and submitting monthly DA-LE use data. The Contractor shall submit progress reports and requested data electronically on a form or in the system provided by COMMERCE on Domestic Violence High Risk Team project. 11. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. “Subcontractors” shall mean subcontractors of any tier. 12. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: Applicable federal and state of Washington statutes and regulations Special Terms and Conditions General Terms and Conditions Attachment A – Scope of Work Attachment B – Budget SFY26 Domestic Violence High Risk Team Program Application for Funding as submitted and approved by COMMERCE Docusign Envelope ID: CC00120D-7EE9-84CA-80AE-39A269D7F19F Page 43 of 378 ________________________________________________________________________________________________________ Page 7 of 14 General Terms and Conditions 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. B. “COMMERCE” shall mean the Washington Department of Commerce. C. “Contract” or “Agreement” or “Grant” means the entire written agreement between COMMERCE and the Contractor, including any Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" or “Grantee” shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and “Protected Health Information” under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). F. “State” shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by COMMERCE; ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE; and iii. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely Docusign Envelope ID: CC00120D-7EE9-84CA-80AE-39A269D7F19F Page 44 of 378 ________________________________________________________________________________________________________ Page 8 of 14 for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within twenty-four (24) hours of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. Docusign Envelope ID: CC00120D-7EE9-84CA-80AE-39A269D7F19F Page 45 of 378 ________________________________________________________________________________________________________ Page 9 of 14 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this Contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor’s duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract. Docusign Envelope ID: CC00120D-7EE9-84CA-80AE-39A269D7F19F Page 46 of 378 ________________________________________________________________________________________________________ Page 10 of 14 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this Contract in a timely manner, COMMERCE has the right to suspend or terminate this Contract. Before suspending or terminating the Contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the Contract. A termination shall be deemed a “Termination for Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days’ written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this Contract, COMMERCE, in addition to any other rights provided in this Contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the Contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or Docusign Envelope ID: CC00120D-7EE9-84CA-80AE-39A269D7F19F Page 47 of 378 ________________________________________________________________________________________________________ Page 11 of 14 pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this Contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this Contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this Contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Contract, or (ii) commencement of use of such property in the performance of this Contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Contract. E. All reference to the Contractor under this clause shall also include Contractor’s employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Docusign Envelope ID: CC00120D-7EE9-84CA-80AE-39A269D7F19F Page 48 of 378 ________________________________________________________________________________________________________ Page 12 of 14 Attachment A: Scope of Work Pasco Police Department shall furnish goods and services necessary to accomplish the activities under the SFY26 Domestic Violence High Risk Team (DVHRT) Program funding during the contract period. This Contract is not a benefit or entitlement to the Contractor. It is not to be used to acquire property or services for the government’s direct benefit. The principal purpose of this Contract is to provide funding for Pasco Police Department to accomplish a public purpose. This contract is a deliverable based contract, meaning that certain deliverables will need to be met in order to receive reimbursement. Funding from this Contract must be used to support the services outlined and approved in the SFY26 Domestic Violence High Risk Team Program funding application to ensure high risk victims have increased access to support and high risk offenders are held accountable. Activities shall include, but not be limited to: An intimate partner domestic violence investigator position to: o conduct comprehensive and trauma-informed investigations on high risk intimate partner domestic violence cases o prioritize cases with indicators of escalating violence and/or risk of homicide utilizing the Danger Assessment for Law Enforcement (DA-LE), and Danger Assessment (DA) information from victim services when available o provide internal subject matter expertise and assist new officers on best practices of trauma-informed, victim-centered intimate partner domestic violence responses and protocols o make recommendations on internal practices concerning additional domestic violence topics such as firearm removal, serving civil protection orders, and testifying in court on intimate partner violence dynamics o serve as liaison between the Pasco Police Department and other Franklin County DVHRT partners by: providing timely information to partners on case updates attending all Franklin County DVHRT meetings gathering Pasco Police Department’s DA-LE information and DV calls for service providing recommendations on connection protocols and additional law enforcement practices enhancing law enforcement and prosecution’s response to victims of domestic violence, dating violence, sexual assault and stalking perpetrated by current or former intimate partners; attend approved local and/or national training sessions; participating in the Franklin County Domestic Violence High Risk Team including attending meetings and providing requested data and relevant case status information; active collaboration with victim services, prosecution, and other service providers to ensure a trauma informed and strong coordinated response for victims of domestic violence, dating violence, sexual assault and stalking perpetrated by current or former intimate partners that enhances victim safety; and Docusign Envelope ID: CC00120D-7EE9-84CA-80AE-39A269D7F19F Page 49 of 378 ________________________________________________________________________________________________________ Page 13 of 14 ensuring that goods and services, supplies or administrative costs supported by this contract program are related to issues involving domestic violence, dating violence, sexual assault and stalking perpetrated by intimate partners. Domestic Violence High Risk Team The Contractor will meet with the other Franklin County DVHRT members to monitor high risk case response, share case information, and implement coordinated interventions to increase the safety of victims of domestic violence, dating violence, sexual assault and stalking perpetuated by current or former intimate partners that enhances victim safety and holds perpetrators of intimate partner violence accountable. OCVA program staff may conduct periodic checks for compliance with the meetings. Noncompliance may result in suspension of payments to Contractor under this Contract. Deliverables The Contractor shall be responsible for the following deliverables: 1. Services -As detailed above 2. Partnership -Participation in monthly DVHRT meetings 3. Reports -Submit monthly DA-LE data 4. Vouchers -Must be submitted at least quarterly Performance Measures Provision of the deliverables listed above will be measured using the following performance measures: A. Participation in 100% of the domestic violence high risk team meetings B. 75% of required reports will be submitted on time C. 100% of vouchers will be completed on time Docusign Envelope ID: CC00120D-7EE9-84CA-80AE-39A269D7F19F Page 50 of 378 ________________________________________________________________________________________________________ Page 14 of 14 Attachment B: Budget Budget DVHRT Salaries $29,178.00 Benefits $15,012.00 Contract Total $44,190.00 Transfer of funds between line item budget categories must be approved by the Office of Crime Victims Advocacy (OCVA) program staff. A cumulative amount of these transfers exceeding ten (10) percent of the total program budget shall be subject to justification and negotiation between the Grantee and OCVA, including approval from the Grantee’s signature authority and the relevant OCVA Section Manager. Travel expenses incurred or paid by Grantee shall be reimbursed at a rate not to exceed the current state rate and in accordance with the State of Washington Office of Financial Management Travel Regulations. Current rates for travel may be accessed at https://ofm.wa.gov/sites/default/files/public/resources/travel/colormap.pdf. Any purchase over $10,000 must be pre-approved by COMMERCE. Docusign Envelope ID: CC00120D-7EE9-84CA-80AE-39A269D7F19F Page 51 of 378 Ordinance – 2025 – 2026 Operating Budget Amendment - 1 Version 3.6.26 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE 2025-2026 BIENNIAL OPERATING BUDGET, AS ADOPTED BY ORDINANCE NO. 4794, AS AMENDED; PROVIDING FOR THE APPROPRIATION OF $44,190 IN GRANT FUNDS FOR THE DOMESTIC VIOLENCE HIGH RISK TEAM PROGRAM; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, on December 9, 2024, the Pasco City Council approved Ordinance No. 4749, adopting the 2025-2026 Biennial Operating Budget; and WHEREAS, the City of Pasco has been awarded grant funding in the amount of $44,190 from the Washington State Department of Commerce, Office of Crime Victims Advocacy, for the SFY26 Domestic Violence High Risk Team Program; and WHEREAS, the grant funding will support personnel and program activities related to high-risk domestic violence case investigation, victim safety, and coordinated response efforts; and WHEREAS, these funds were not included in the adopted budget and require additional appropriation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Pursuant to RCW 35A.34.200(1)(d), as follows: Fund EXPENDITURE REVENUE GENERAL Fund $44,190.00 $44,190.00 Total $44,190.00 $44,190.00 Page 52 of 378 Ordinance – 2025 – 2026 Operating Budget Amendment - 2 Version 3.6.26 Section 2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above, and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provision of the Ordinance. Section 3. Except as amended herein, Ordinance No. 4749 as previously adopted heretofore shall remain unchanged. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 6. Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and 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 Ogden Murphy Wallace, PLLC Deputy City Clerk City Attorney Published: _____________________________ Page 53 of 378 Pasco City Council April 24, 2026 DVHRT Investigator Grant ProposalPa g e 5 4 o f 3 7 8 DVHRT Investigator Grant Proposal Transition from prior Domestic Violence Advocate model (ended Jan 2025) Implementation of DA-LE (Danger Assessment for Law Enforcement) Creation of Domestic Violence High Risk Team (DVHRT) Gap identified: No dedicated investigator for high-risk casesPa g e 5 5 o f 3 7 8 DVHRT Investigator Role •Sworn investigator dedicated to high-risk domestic violence cases •Conducts trauma-informed investigations •Investigates intimate partner sexual assaults •Uses lethality assessment tools (DA-LE) •Coordinates with DVHRT partners Pa g e 5 6 o f 3 7 8 Expected Public Safety Impact •Reduced repeat domestic violence incidents •Reduced risk of intimate partner homicide (IPH) •Increased arrests and case follow-through •Improved victim safety and service connection •Performance tracked via DA-LE and case metrics Pa g e 5 7 o f 3 7 8 Grant Funding Opportunity •Funding Source: WA Office of Crime Victim Advocacy (OCVA) •Amount: Up to $44,190.00 •Duration: Through June 30, 2026 •Covers investigator wages (reimbursement) •Request: Approve implementation of DVHRT Investigator position Pa g e 5 8 o f 3 7 8 Questions? Pa g e 5 9 o f 3 7 8 AGENDA REPORT FOR: City Council April 27, 2026 TO: Harold Stewart, City Manager City Council Workshop Meeting: 5/4/26 FROM: Kevin Crowley, Fire Chief Fire Department SUBJECT: Resolution No. 4733 - Termination of ILA between the City of Pasco and Walla Walla County Fire Protection District 5 for Advanced Life Support Services I. ATTACHMENT(S): 1. Interlocal Cooperation Agreement - City of Pasco and Walla Walla County Fire Protection District No. 5 2. Joint Resolution: Termination of Interlocal Agreement between City of Pasco and Wala Walla County Fire Protection District No. 5 for Advanced Life Support Services II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4733, terminating an interlocal agreement between the City of Pasco and Walla Walla Fire Protection District No. 5 for Advanced Life Support Services. III. FISCAL IMPACT: The City of Pasco will not invoice Walla Walla Fire Protection District No. 5 for service. The current amount is $34,000 per year. Though there is a loss in revenue, there will be a savings in vehicle and equipment repairs and maintenance, along with a reduction in fuel costs related to responding into Burbank. The Pasco Fire Department will also increase service reliability by keeping crews available and ready to respond within city limits. IV. HISTORY AND FACTS BRIEF: On November 17, 2008, the City of Pasco and Walla Walla County Fire Protection District No. 5 (WWCFPD5) entered into an Interlocal Cooperation Agreement. This agreement authorized the City of Pasco, pursuant to RCW 35A.18.010, medical emergency and Support Advanced provide to Life boundaries transport services to the residents within the jurisdictional of WWCFPD5. In return, the City of Pasco would invoice WWCFPD5 a set Page 60 of 378 amount in June and December of that year. In 2025, WWCFPD5 was able to staff their department to a level that allowed the district to provide for the medical services needed by their community. The services provided by the City of Pasco were no longer needed and WWCFPD5 asked to terminate the agreement. V. DISCUSSION: The termination of the agreement is supported by the Fire Chiefs of both agencies. Page 61 of 378 JOINT RESOLUTION WALLA WALLA COUNTY FIRE PROTECTION DISTRICT NO.5 RESOLUTION NO.2026-2 CITY OF PASCO RESOLUTION NO. TERMINATION OF INTERLOCAL AGREEMENT BETWEEN CITY OF PASCO AND WALLA WALLA COUNTY FIRE PROTECTION DISTRICT NO.5 FOR ADVANCED LIFE SUPPORT SERVICES This AGREEMENT is made and entered into this 'day of ,2026,by and between the CITY OF PASCO,a Washington municipal corporation,hereinafter called “City”, and WALLA WALLA COUNTY FIRE PROTECTION DISTRICT NO.5,hereinafter called “Fire District”.The parties are referenced herein as the “Agencies”. WHEREAS,the City and the Fire District entered into an Interlocal Agreement dated November 17,2008 (the “Agreement”)wherein the City agreed to provide Advanced Life Support (ALS)services to the Fire District;and WHEREAS,it has been determined by each of the parties hereto that it would be in the best interest of the parties to terminate the Agreement as the Agencies have determined that the Fire District now has the ability to provide ALS services within its boundaries. NOW,THEREFRORE,BE IT RESOLVED the Interlocal Agreement dated November 17,2008,between the City of Pasco and Walla Walla County Fire Protection District No.5 is terminated effective July I,2025. Page 62 of 378 APPROVED this _day of CITY OF PASCO By: — Name:HAROLD STEWART Title: Date: City Manager ATTEST: KRYSTLE SHANKS,City Clerk APPROVED AS TO FORM: DANIEL KENNY,City Attorney ,2026.ADOPTED at the regular meeting of the Board of Commissioners this 9th day of February,2026. WALLA WALLA COUNTY FIRE Commissioner k Cowgi? er ATTEST: 7710/11W Heidi Ellerd,Commission Secretary APPROVED AS TO FORM: Heidi Ellerd,District Attorney Page 63 of 378 Interlocal Cooperation Agreement City of Pasco and Walla Walla County Fire Protection District No. 5 BY THIS INTERLOCAL COOPERATIVE AGREEMENT entered into this day of 2008, between the City of Pasco, Washington, a Washington Municipal corporation, hereinafter referred to as "City," and Walla Walla County Fire Protection District No. 5, a Washington Municipal Corporation, hereinafter referred to as "Fire District," as authorized by Chapter 39.34 of the Revised Code of Washington, enter into the following Agreement: WHEREAS, the Fire District has heretofore determined that there is not an existing private ambulance service available to adequately provide for "911" dispatched emergency medical transport with Advanced Life Support(ALS) services to the District; and, WHEREAS, the Fire District is authorized pursuant to RCW 52.12.031 to enter into an agreement with the City to provide emergency medical transport services to the residents of the Fire District; and, WHEREAS, the City is authorized pursuant to RCW 35A.18.010 to provide emergency medical transport services by agreement to other jurisdictions; and, WHEREAS, the parties have determined that the rendering of emergency ALS medical transport services by the City to the Fire District, under the terms provided below, is in the best interest of the health, safety, and welfare of both the residents of the City and the Fire District; NOW THEREFORE, the parties agree as follows: Interlocal Agreement City of Pasco&Walla Walla Fire District No. 5 r(, Paee 1 of 5 Revised 10/24/2008 y Page 64 of 378 SECTION ONE PURPOSES The City shall make available emergency ALS medical transport services to the Fire District for the benefit of those requiring emergency ALS medical transport services within the Fire District's boundaries more particularly described on the map attached as Exhibit "A". Emergency medical transport services shall include vehicles and personnel appropriately equipped, manned and trained, meeting all City, State and Federal licenses necessary for the performance of services set forth in Section Two. SECTION TWO LEVEL OF SERVICES The City shall make available emergency ALS/Paramedic transport services within that portion of the territorial boundaries of the Fire District as illustrated in Exhibit "A" on a 24-hour per day, 7 days a week basis. The same level, priority and resources shall be extended to a call located within the Fire District as a call located within the City limits; provided, however, the Fire District shall bear full responsibility to determine whether an incident within its boundary requires ALS service. In such event, the Fire District shall advise Walla Walla County Dispatch with instructions to contact Franklin County Dispatch for emergency service from the city. The City will respond under the terms of this agreement only through emergency dispatch by Franklin County. The City shall provide personnel certified to ALS/Paramedic level at all times as defined in Chapter 18.71 RCW, to all trauma incidents, and medical problems where there is a potential loss of life (including but not limited to all mass-casualty incidents, multi-patient incidents, cardiac emergencies, pediatric emergencies, obstetrical emergencies, airway emergencies, seizures, poisonings, overdoses, diabetic emergencies, back pain, chest pain and burn emergencies), except those occasional situations where all ALS/Paramedics are committed to other EMS emergencies. The City shall maintain a paramedic at its Oregon Avenue station at all times, except those occasional situations where the City is prevented from doing so due to illness,vacations or Kelly days of assigned paramedics. Interlocal Agreement City of Pasco&Walla Walla Fire District No. 5 Paee 2 of 5 Revised 10/24/2008Page 65 of 378 SECTION THREE FUNDING The Fire District shall pay to the City the sum of TWENTY-FOUR THOUSAND DOLLARS ($24,000.00) annually, payable in two installments of TWELVE THOUSAND DOLLARS ($12,000.00) each due June 1 and December 1 of each year, and the City shall be entitled to charge and collect an emergency medical transport service fee to users or patients of the City's service within the Fire District and the City shall assume all responsibility for the billing and collection of such fees. Such fees and charges shall not exceed the City's "non- resident ambulance service charges" as established by City ordinance or resolution. After the Agreement has run for the first full year and any succeeding one (1) year period, the annual fee paid by the Fire District shall be increased in accordance with the following procedure. The annual fee paid by the Fire District in the most-recent year (current fee) shall be multiplied by a factor equal to the percentage change for the 12-month October Consumer Price Index for all Urban Consumers (CPI-U), Pacific Cities, West-B/C, published by the Bureau of Labor Statistics, United States Department of Labor. The resulting product shall be added to the current annual fee to establish the annual fee for the succeeding contract year. SECTION FOUR TERM OF AGREEMENT The initial term of this Agreement shall commence on the 1 S` day of January 2009 and terminate on the 315t day of December, 2011. This Agreement shall be automatically renewed for successive one-year terms thereafter, unless terminated by either party upon a one-year advanced written notice to the other party. Interlocal Agreement City of Pasco&Walla Walla Fire District No. 5 Paee 3 of 5 Revised 10/24/2008Page 66 of 378 r SECTION FIVE INDEMNIFICATION The City and the Fire District shall defend, indemnify and hold each other harmless from any claims, damages, causes of action, or judgments arising from, or as a direct result of the negligent or intentional acts of its respective agents, employees, or officers. SECTION SIX INTERLOCAL COOPERATION ACT PROVISION All vehicles, equipment, inventory and any improvements thereto shall remain the sole property of the City. All personnel utilized by the City in the fulfillment of this Agreement shall be solely within the supervision, direction and control of the City and shall not be construed as loan servants" or employees of the Fire District. All funding, incident to the fulfillment of the Interlocal Cooperative Agreement, shall be the sole responsibility of the City and no special budget or funds are anticipated nor shall be created. It is not the intention that a separate legal entity be established to conduct the cooperative undertaking nor is the acquiring, holding, or disposing of real or personal property anticipated. The City Fire Chief shall be designated as the Administrator of this Interlocal Cooperative Agreement. SECTION SEVEN DISPUTE RESOLUTION For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. In the event the dispute is not resolved, it shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); and venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs. Interlocal Agreement City of Pasco&Walla Walla Fire District No.5 Paee 4 of 5 Revised 10/24/2008Page 67 of 378 SECTION EIGHT ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by reference are attached. No other understanding, verbal or otherwise, in regards 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. IN WITNESS WHEREOF, the parties have executed this Interlocal Cooperative Agreement by the duly authorized officers on the day and year first written above. City of Pasco Walla Walla County Fire District No. 5 B , ' ,.Y• Joyc ls , Mayor Interlocal Agreement City of Pasco&Walla Walla Fire District No. 5 Paee 5 of 5 Revised 10/24/2008Page 68 of 378 AGENDA REPORT FOR: City Council April 27, 2026 TO: Harold Stewart, City Manager City Council Workshop Meeting: 5/4/26 FROM: Kevin Crowley, Fire Chief Fire Department SUBJECT: Resolution No. 4734 - Amendment to Fire Department Facility Use Agreement I. ATTACHMENT(S): 1. Fire Department Facility Use Agreement 2. Resolution - Amendment to Fire Department Facility Use Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION:Fire amending 4734, No. the approve to move I Resolution Department Facility Use Agreement between the City of Pasco and Franklin County Fire Protection District No. 3. III. FISCAL IMPACT: The City of Pasco will be raising the monthly fee from $216.60 to $250.00 for two bay spaces and including an annual 3% monthly increase. The annual increase would go into effect January 1st of each year. IV. HISTORY AND FACTS BRIEF: On December 13, 2016, the City of Pasco and Franklin County Fire District No. 3 (FCFD3) entered into a Facility Use Agreement, which allowed FCFD3 to use one bay space, located at 1208 Road 48, to store a Water Tender. The fee was set at $216.60 / month. FCFD3 would like to use another bay space at the same location to store a Breathing Support vehicle. This vehicle maintains a portable cascade system that is used to refill air cylinders for Self-Contained Breathing Apparatus (SCBA). This resource is used by Pasco Fire during extended fire incidents and allows us to remain on scene for the entire duration. Without this resource, crews an with station a to would shuttle to need SCBA cylinders refill compressor. After review of the current agreement, it was determined that Page 69 of 378 several updates needed to take place. The following outlines these updates: The monthly fee was increased to $250. An annual fee increase was implemented (3%). Language was added that ensures FCFD3 will keep the bays clean and they are responsible for any damage caused by the district. There are no Pasco Fire Department vehicles stored at this location and there will be no operational impact. V. DISCUSSION: Both the agencies have agreed to the updated language, which allows for a continued partnership while adjusting financial terms that are fair for the city. Page 70 of 378 JOINT RESOLUTION CITY OF PASCO RESOLUTION NO. _______ FRANKLIN COUNTY RESOLUTION NO. _______ . AMENDMENT TO FIRE DEPARTMENT FACILITY USE AGREEMENT This AMENDMENT to the Fire Department Facility Use Agreement (“Amendment”) is made this _____ day of __________ 2026, by and between the CITY OF PASCO, a Washington municipal corporation, hereinafter called “City”, and FRANKLIN COUNTY FIRE PROTECTION DISTRICT NO. 3, hereinafter called “District”. WHEREAS, the City and District entered into a Fire Department Facility Use Agreement on the 13th day of December 2016 (the “Agreement”); and WHEREAS, the parties hereto desire to modify the Agreement in order to include provisions which allow the District to store a Rescue/Breathing Support vehicle at the facility; NOW, THEREFRORE, BE IT RESOLVED, the parties agree that Section 2 and Section 3 of the Agreement are hereby modified as follows: 2. Responsibilities of City. City agrees to allow District the use of two (2) 15’ x 38’ bays within the facility designated by the City for the storage of District’s Water Tender and Rescue/Breathing Support vehicles. City also agrees to pay all necessary utilities associated with the fire station and to keep the storage bay in good working order. 3. Facility Fee and Payment Schedule/Responsibilities of the District. As consideration for the permission to use the bays for the storage of the Water Tender and Rescue/Breathing Support vehicle, District agrees to pay City rent in the amount of $250.00 per month, from the effective date until terminated. This payment shall increase by 3% on January 1st of each year. District agrees to pay City this rent monthly within 30 days of receipt of an invoice from City. District agrees to keep the bay clean and will be responsible for any damage caused by the District. IT IS FURTHER AGREED between the City and District that all other terms and provisions of the Agreement shall remain unchanged, except as expressly modified by this Amendment. Page 71 of 378 CITY OF PASCO FRANKLIN COUNTY FIRE PROTECTION DISTRICT NO. 3 By: __________________________ By: ____________________________ Name: HAROLD STEWART Name: TODD BLACKMAN Title: City Manager Title: Commission Chair Date: _________________________ Date: ___________________________ ATTEST: ATTEST: ______________________________ ______________________________ KRYSTLE SHANKS, City Clerk HEIDI ELLERD, Commission Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: ______________________________ ______________________________ DANIEL KENNY, City Attorney HEIDI ELLERD, District Attorney Page 72 of 378 FILED FOR RECORD AT REQUEST OF: City of Pasco WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco WA 99301 FIRE DEPARTMENT FACILITY USE AGREEMENT THIS FIRE DEPARTMENT FACILITY USE AGREEMENT ("Agreement" is entered into this J,? day of Dycq wkte , 2016, between the City of Pasco, a Washington Municipal Corporation ("City") and Franklin County Fire Protection District No. 3 ("District") and. WHEREAS, City is the owner of a fire department facility ("the Facility") at 1208 Road 48, Pasco, Washington; and WHEREAS, District owns a Water Tender that is used to provide water to the areas without fire hydrants within the boundaries of the Franklin County Fire Protection District and the City of Pasco pursuant to the Interlocal Agreement between the District and City executed on the 21 st day of September, 2015. WHEREAS, District desires to utilize the Facility for storage purposes for its Water Tender, and WHEREAS, RCW 52.12.031 gives fire protection districts the authority to enter into this Agreement for storage purposes for its Water Tender, and WHEREAS, the parties agree that in carrying out the terms of this Agreement, a Water Tender stored indoors at the fire station located at 1208 Road 48 in Pasco, Washington, is in the best interest of public safety. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Effective Date. This Agreement shall be effective on 2016, and shall continue until terminated according to the provisions of this Agreement. 1 Page 73 of 378 2. Responsibilities of City. City agrees to allow District the use of one 15' X 38" bay within the Facility designated by the City for the storage of District's Water Tender. City also agrees to pay all necessary utilities associated with the fire station and to keep the storage bay in good working order. 3. Facility Fee and Payment Schedule. As consideration for the permission to use the bay for the storage of the Water Tender, District agrees to pay to City rent in the amount of $216.60 per month from the effective date until terminated. District agrees to pay City this rent monthly within 30 days of receipt of an invoice from City. 4. Termination. Either party to this Agreement may terminate the Agreement at any time upon (30) days advance written notice prior to the end of the calendar month. 5. Indemnity and Hold Harmless. City agrees that it will protect, save, defend, hold harmless and indemnify District, its employees, volunteers, officers and agents from any and all demands, claims, judgments, or liability for loss or damage arising as a result of City's obligations and responsibilities under this Agreement, including accidents, injuries, or other occurrences, that arise out of the negligent acts or failure to act of City's employees, volunteers, officers and agents. District agrees that it will protect, save, defend, hold harmless and indemnify City, its employees, volunteers, officers and agents from any and all demands, claims, judgments, or liability for loss or damage arising as a result of District's obligations and responsibilities under this Agreement including accidents, injuries, or other occurrences, that arise out of the negligent acts or failure to act of District's employees, volunteers, officers and agents. District has inspected the Facility and finds it acceptable for its intended uses at the time of the execution of this Agreement, and accepts it in its present "as -in" condition without any warranties as to its suitability for the District's intended use. 6. Insurance. Each agency shall at all times carry liability insurance (or participate in self-insurance agreements) in the minimum amount of $1,000,000 covering all incidences caused by its own equipment or activities of its personnel related to the performance of this Agreement. 7. Limitation of Agreement. This Agreement is entered into for the benefit of the parties to this Agreement only. The Agreement is not intended to confer any benefit on any other parties and therefore no other or third party shall be entitled to rely on the terms of this Agreement or anticipate receipt of any benefit as a result of the performance of this Agreement. 2 Page 74 of 378 8. Notices. All notices, request, demands and other communications required by this Agreement shall be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been served at the time of delivery if personally delivered or delivered, or at the time of mailing, if mailed by first class, postage prepaid, and addressed to the party at its address as stated in this Agreement, or at such other address as the party may designate at any time in writing to the other party. City of Pasco 525 N 3`d Avenue Pasco, WA 99301 Franklin County Fire Protection District #3 7809 Road 36 North Pasco, WA 99301 9. Assignment or Subletting: District is prohibited from either assigning or subletting all or any portion of the Facility during its use of the Facility. 10. Dispute Resolution. Except for the payment of rent, in the event of a dispute regarding the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs. 11. Amendment. No modification, termination or amendment of this Agreement may be made except by written agreement signed by both parties hereto. 12. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 13. Governing Law. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Washington, and the parties agree that in any such action venue shall lie exclusively in Franklin County, Washington. 14. Entire Agreement. The entire agreement between the parties hereto is contained in this Agreement and the exhibits hereto, and this Agreement supersedes all of their previous understandings and agreements, written and oral, with respect to this c Page 75 of 378 transaction. This Agreement may be amended only by written instrument executed by the parties subsequent to the date hereof. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. City of Pasco, Washin ton Franklin County Fire Protection Dis rict No. 3 By:Z & By: ` bave9ZTDrty Manger Title: ?s'IV Ch;&4' STATE OF WASHINGTON ) ss County of Franklin On this day personally appeared before me Dave Zabel], City Manager of the City of Pasco, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. 0 GIVEN under my hand and official seal this /" day of , 2016. 1 A TONI L. ZUNKER NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MARCH 3, 2020 NOTARY PUBLI in AT Residing at 04-4 My Commission Expires STATE OF WASHINGTON ) ss County of Franklin ) of Washington On this day personally appeared before me ON*, C' k6yr e' E{Ife C of Franklin County Fire Protection District No. 3, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this I'2:K day of lorys.Qoa , 2016. Q oNt, NOTARY BIC in and for the e of Wash' ton r 6..•`' a o a l •,a 4., Residing at Pasco 6 r©taq'r' r Y ' * My Commission Expires 13 29 20 4 an Page 76 of 378 AGENDA REPORT FOR: City Council April 27, 2026 TO: Harold Stewart, City Manager City Council Workshop Meeting: 5/4/26 FROM: Kevin Crowley, Fire Chief Fire Department SUBJECT: Resolution No. 4735 - Amendment to Interlocal Agreement between City of the Concerning 3 No. District County Franklin and Pasco Fire Exchange of Services and the Transfer of Assets Due to the Annexation of the Road 80 Area to the City I. ATTACHMENT(S): 1. Resolution - Amendment to Interlocal Agreement between City of Pasco and Franklin County Fire District No. 3 Concerning the Exchange of Services and the Transfer of Assets Due to the Annexation of the Road 80 Area to the City 2. Interlocal Agreement between City of Pasco and Franklin County Fire District No. 3 Concerning the Exchange of Services and the Transfer of Assets Due to the Annexation of the Road 80 Area to the City 3. Resolution 2938 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4735, amending the interlocal agreement between the City of Pasco and Franklin County Fire District No. 3, concerning the exchange of services and the transfer of assets due to the annexation of the Road 80 Area to the City. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: On September 21, 2015, The City of Pasco and Franklin County Fire District No. 3 (FCFD3) entered into an Interlocal Agreement due to the annexation of property (Road 80 area) that was located in the Urban Growth Area of the City of Pasco. Due to the annexation, FCFD3 transferred the ownership of a building (4803 W Page 77 of 378 Octave Street - old Fire Station) and a water tender and in return, the City of Pasco agreed to provide Advanced Emergency Medical Services within the jurisdictional boundaries of FCFD3 at no cost to the district. Provision H. of the current ILA states, "This agreement is contingent upon the District becoming a signatory to the local Automatic Aid Agreement". In March of 2016, FCFD3 became part of the agreement and a signatory to the Master Mutual Aid Agreement (MMAA). V. DISCUSSION: With FCFD3 as a signatory to the MMAA, this ILA has become outdated. In addition to this, and with the recent increase in our Ambulance Utility Rate, we feel it is important to continue maintaining our services levels to those that live in the City of Pasco. As both agencies continue to grow, the Pasco Fire Department cannot maintain critical service levels to our community, as outlined in Resolution 2938, while also continuing to provide Advanced Emergency Medical Services to FCFD3. Both agencies agree to terminating this ILA. Page 78 of 378 JOINT RESOLUTION CITY OF PASCO RESOLUTION NO. _______ FRANKLIN COUNTY RESOLUTION NO. _______ . AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN CITY OF PASCO AND FRANKLIN COUNTY FIRE DISTRICT NO. 3 CONCERNING THE EXCHANGE OF SERVICES AND THE TRANSFER OF ASSETS DUE TO THE ANNEXATION OF THE ROAD 80 AREA TO THE CITY This AMENDMENT to Interlocal Agreement between Franklin County Fire District No. 3 and the City of Pasco, Concerning the Exchange of Services and the Transfer of Assets Due to the Annexation of the Road 80 Area to the City (“Amendment”) is made and entered into this _____ day of _________, 2026, by and between the CITY OF PASCO, a Washington municipal corporation, hereinafter called “City”, and FRANKLIN COUNTY FIRE PROTECTION DISTRICT NO. 3, hereinafter referred to as the “District”. WHEREAS, the City and the District entered into the Interlocal Agreement between Franklin County Fire District No. 3 and the City of Pasco, Concerning the Exchange of Services and the Transfer of Assets Due to the Annexation of the Road 80 Area to the City on the 21st day of September 2015 (the “Agreement”); and WHEREAS, the parties hereto desire to modify the Agreement in order to remove provisions which are no longer relevant to the Agreement; NOW, THEREFORE; IT IS AGREED between the City and the District that the following Subsections 4.A.1 and 4.A.2 are hereby removed and omitted from the Agreement and 4B will now be 4A. IT IS FURTHER AGREED between the City and the District that all other terms and provisions of the Agreement shall remain unchanged, except as expressly modified by this Amendment. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day written below. Page 79 of 378 CITY OF PASCO FRANKLIN COUNTY FIRE PROTECTION DISTRICT NO. 3 By: __________________________ By: ____________________________ Name: HAROLD STEWART Name: TODD BLACKMAN Title: City Manager Title: Commission Chair Date: _________________________ Date: ___________________________ ATTEST: ATTEST: ______________________________ ______________________________ KRYSTLE SHANKS, City Clerk HEIDI ELLERD, Commission Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: ______________________________ ______________________________ DANIEL KENNY, City Attorney HEIDI ELLERD, District Attorney Page 80 of 378 WHEN RECORDED RETURNTO: AFNi11836355AGREE 10/15i201503:15 PMF'EO'DB'SiLzEs?sD arresting” PASCO,WA 99302 Franklin00..WA __——_—__—_————————— Name of document:lnterlocal Agreement Between Franklin County Fire District No.3 and the City of Pasco,concerning the exchange of services and the transfer of assets due to the Annexation of the Road 80 Area to the City Grantor:Franklin County Fire District No 3 Grantee:City of Pasco Page 81 of 378 Interlocal Agreement Between Franklin County Fire District No.3 and the City of Pasco, concerning the exchange of services and the transfer of assets due to the Annexation of the Road 80 Area to the City 5:THIS AGREEMENTis made and entered into this2_\day of (ZEMW 2015,by the Franklin County Fire District No.3 (“District”)and the City of Pasco (“City”),collectively referenced to as the “Parties”;pursuant to Chapter 39.34 RCW,the Interlocal Cooperation Act. WHEREAS,certain territories of the District are located within the Urban Growth Area of the City and some of said territories are bounded on all sides by the City;and WHEREAS,District provides ?re protection and basic emergency medical services (BEMS)to properties within the District and City provides fire protection and advanced emergency medical services (AEMS)to properties within the City;and WHEREAS,the District and City have determined that the transfer of assets and exchange of services is a reasonable way to ef?ciently and fairly provide for the transfer of jurisdiction from the District to the City while maintaining service levels and conserving taxpayer resources in anticipation of the annexationof the Road 80 Area by the City;and WHEREAS,the Parties desire to formalize their understanding and agreements in conjunction with the annexation process; NOW,THEREFORE,in consideration of the terms and conditions contained herein,the Districtand City agree as follows: 1.Purpose:The purpose of this agreement is to provide for the exchange of services between the District and the City and for the transfer of certain assets,pursuant to law,due to the annexation of the Road 80 Area by the City. 2.Effective Date and Term:This Agreement shall become effective on 2!,2015 and shall continue in force until terminated by mutual agreement or until either of the Parties gives advance written notice of termination of not lnterlocal Agreement —Franklin County Fire District No,3 and City of PascoS/Zl/ls Page 1 Page 82 of 378 less than one year.Such notice of termination may not be given within the ?rst Five years of this agreement,except for cause.The Parties agree to review the terms,conditionsand services covered by this agreement at least once every Five years beginning with the effective date.Renewal term negotiations should commence six months prior to the expiration of the above terms. 3.District Agrees to: A.Transfer the fee title ownership of its Fire Station on Road 48 (Exhibit “B”)to City,within 90 days of the effective date of this Agreement “as is” with no warranties.Transfer shall be in consideration and full satisfaction of District’s obligation to transfer a pro—rata share of its assets to City,per RCW 35A.14.400,pursuant to City’s annexation of the Road 80 Area. B.Transfer of ownership of a water tender,the ?nal speci?cations as per the current bid speci?cations that were provided to the District (any additional charges to be paid by the City),as additionalconsideration as provided in Section 4.B.as full settlement of the dispute between the Parties of the previous AEMS services provided by the City to the District residents.The City acknowledges receipt of the attached letter from the Stateof Washington,Department of Enterprise Services,and agrees to accept transfer of ownership of the water tender pursuant to the terms of that letter. C.Become a signatory agency to the local Automatic Aid Agreement in a fomi acceptable to the District and provide,when available,automatic aid services to the City at no cost for: 1.Water tender response; 2.Breathing air support; 3.Wild land ?re support;and 4.Such other like services as agreed to by the Fire Chiefs of the Parties. 4.City Agrees to: A.Provide automatic aid services at no cost to District for: 1.Advanced emergency medical services. lnterlocal Agreement e Franklin County Fire District No.3 and City of PascoS/Zl/l 5 Page 2 Page 83 of 378 2.For billable transport services,the City shall bill patients treated and/or transported in/from the District at the non-residentrate. B.Make payment to the District in an amount which represents the difference between the claimed costs of AEMS services as provided by the City to the District residents (up to the date of the execution of this Agreement);and the ?nal cost of the water tender,which amount shall be determined at the time of ?nal billing for the water tender.. 5.Annexation Contingency:This Agreement anticipates the effective date of the Road 80 Area Annexation to be July 1,2015.In the event that the annexation,for any cause whatsoever,is deemed to be invalid,this Agreement shall immediately be terminated and of no force and effect. 6.Indemni?cation: A.The District shall indemnify and hold the City and its agents, employees,and/or of?cers,harmless from and shall process and defend at its own expense any and all claims,demands,suits,at law or equity,actions,penalties, losses,damages,or costs,of whatsoever kind or nature,brought against the City arising out of,in connection with,or incident to the execution of this Agreement and/or the District’s performance or failure to perform any aspect of this Agreement;provided,however,that if such claims are caused by or result from the concurrent negligence of the City,its agents,employees,and/or of?cers,this indemnity provision shall be valid and enforceable only to the extent of the negligence of the District;and,provided further,that nothing herein shall require the District to hold harmless or defend the City,its agents,employees and/or officers from any claims arising from the sole negligence of the City,its agents, employees,and/or of?cers.No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. B.The City shall indemnify and hold the District and its agents, employees,and/or of?cers,harmless from and shall process and defend at its own expense any and all claims,demands,suits,at law or equity,actions,penalties, losses,damages,or costs,of whatsoever kind or nature,brought against the District arising out of,in connection with,or incident to the execution of this Agreement and/or the City’s performance or failure to perform any aspect of this Agreement; provided,however,that if such claims are caused by or result from the concurrent negligence of the District,its agents,employees,and/or of?cers,this indemnity provision shall be valid and enforceable only to the extent of the negligence of the lnterlocal Agreement —Franklin County Fire District No.3 and City ofPascoS/Zl/lj Page 3 Page 84 of 378 City;and provided further,that nothing herein shall require the City to hold harmless or defend the District,its agents,employees and/or of?cers from any claims arising from the sole negligence of the District,its agents,employees,and/or of?cers.No liability shall attach to the District by reason of entering into this Agreement except as expressly provided herein. 7.Waiver of Subrogation:The District and the City hereby mutually release each other from liability and waive all right of recovery against each other for any loss caused by fire or other perils which can be insured against under ?re insurancecontract including any extended coverage endorsements thereto which are customarily available from time to time in the State of Washington,provided,that this paragraph shall be inapplicable to the extent that it would have the effect of invalidating any insurance coverage of the District or the City. 8.Compliance with Regulations and LawszThe Parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. 9.Assignment:The Parties shall not assign this Agreement or any interest, obligation or duty therein without the express written consent of the other Party. 10.Attorney’s Fees:lf either Party shall be required to bring any action to enforce any provision of this Agreement,or shall be required to defend any action brought by the other Party with respect to this Agreement,and in the further event that one Party shall substantially prevail in such action,the losing Party shall,in addition to all other payments required therein,pay all of the prevailing Party’s reasonable costs in connection with such action,including such sums as the court or courts may adjudge reasonable as attorney’s fees in the trial court and in any appellate courts. 11.Miscellaneous Provisions: A.All of the covenants,conditions and agreements in this Agreement shall extend to and bind the legal successors and assigns of the Parties hereto. B.This Agreement shall be deemed to be made and construed in accordance with the laws of the State of Washington. C.Unless otherwise speci?cally provided herein,no separate legal entity is created hereby,as each of the Parties is contracting in its capacity as a Intertocal Agreement —Franklin County Fire District No.3 and City of PascoX/Zl/IS Page 4 Page 85 of 378 municipal corporation of the State of Washington.The identity of the Parties hereto is as set forth herein above. D.The performances of the duties of the Parties provided hereby shall be done in accordance with standard operating procedures and customary practices of the Parties. E.The oversight and administrationof the Agreement shall be done by the Fire Chiefs of the respective Parties. F.No provision of this Agreement shall relieve either Party of its public agency obligations and/or responsibilities imposed by law. G.if any term or provision of this Agreement or the applicationthereof to any person or circumstance shall,to any extent,be held to be invalid or unenforceable by a ?nal decision of any court having jurisdiction on the matter,the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect,unless such court determines that such invalidity or unenforceability materially interferes with or defeats the purposes hereof,at which time the City and/or District shall have the right to terminate the Agreement. H.This Agreement is contingent upon the District becoming a signatory to the local Automatic Aid Agreement. I.In the event of a dispute arising regarding the breach,interpretation, or enforcement of this Agreement,the Parties shall ?rst meet in a good faith effort to resolve the dispute,either with or without the assistance of mediation,as the Parties may agree.In the event the Parties are unable to resolve the dispute by agreement,the dispute shall be resolved by binding arbitration pursuant to RCW 7.04Awith both Parties waiving the right of a jury trial upon trial de novo,with venue placed in Pasco,Franklin County,Washington.The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. J.Copies of this Agreement shall be ?led with the Franklin County Auditor’s Of?ce or posted on the websites of the respective Parties. lnterlocal Agreement —Franklin County Fire District No.3 and City ofPascoS/Zl/ls Page 5 Page 86 of 378 IN WITNESS HEREOF,the Parties have signed this Agreement. CITY OF PASCO FRANKLIN COUNTY FIRE DISTRICT 1 NO.3 W Dave Zabell, Eéamger‘Ron Shuck,Commission Chair A EST‘ATTEST: ebbie Clark,City Clerk Heidi Ellerd,CommissionSecretary APPROVED AS TO FORM:APPROVED AS TO FORM: Lee Kerr,City Attorney Heidi Ellerd,District Attorney lnterlocal Agreement ~Franklin County Fire District No.3 and City of PascoS/Z 1/15 Page 6 Page 87 of 378 Page 88 of 378 STATE OF WASHINGTON DEPARTMENTOF ENTERPRISE SERVICES 7511 NewMarketSl/cet,Tumwaler,WA 98501 PO Box 41030,Olympia,WA 98504-1030 August 20,2015 Mike Harris Franklin Co.FD #3 7809 Road 36 N Pasco,WA 99301 Re:Transfer of Fire Tender Dear Chief Harris: Thank you for the letterrequestingpermission to transfer one of your ?re tenders to the City of Pasco Fire Department.The truck under consideration is: 1.1989 M923A2 Cargo Truck,VlN:1001AA275 Inv.#16-1-42080 item it:3-0346-2 Based on agreement from the City of Pasco,the Department of Enterprise Services will approve the transfer of this vehicle. Franklin County Fire District #3 shall assume no further responsibility for this vehicle upon the transfer. The City of Pasco agrees to accept the responsibility for this vehicle and agrees to meet the following requirements: 1.City of Pasco will become the donee agency on record for this property and shall maintain custody of this truck until all the terms &conditions have been met in respect to compliance. 2.City of Pasco will be responsible for completing any and all compliance reviews as well as being the donee on record if something should happen to the truck. 3.The truck will be put into service within 12 months of this transfer.Once in use,the City of Pasco will be required to use the vehicle for an additional 18-months before the title shall pass. Thank you for your participation in the Federal Surplus Personal Property Program.Please to not hesitate to give us a call ifyou feel that we may be of any further assistance. Sincerely, '''''W David Baker Program Manager cc:Bob Gear,Fire Chief,City of Pasco Page 89 of 378 WNW"mmmmr Vehicle Certificate of Ownership Applicationd'l-L'CENS'NG Certificate of Fact for Address Verification Please Type or Prlnt Plalnly F E E S PLATE OR TPO COLOR «1 Top or Front Color COLOR «2 BottomorRearCetor VEHICLE IDENTIFICATION(VIN)NUMEIER FILING MODVR PWR USE MAKE SERIES/BODYTYPE MODELID VALUE CODE YEAR MONORAIL 1988 BMY 6X6 mIIItary CYCLE ENGINE OR MOTOR HOME NUMBER FLEEI'CODE EQUIPMENT»MD REG RES EXP DATE SCALE WEIGHT SEATS RTA EXCISETAX DECLARED GWT MONTH ew-r GWT EXP MILEAGE CODE PREVIOUS TITLE A STATE LICENSE SPECIAL OPTIONS COUNTYOF RESIDENCE PURCHASE PRICE TAX JURISDICTION TAX RATE APPLICATION DAV Leased No Title Issued NRM Bonded NON-ROADWORTHY ._INSPECTION Native Amman Reg OnIy [I USETAX EXEMPT:anateautomobllewaspurchasedand used V Jom'Tenamswuh Higms OISurViVDrshIp by me In another state for a minimum of 90 days while I was a bonafrde resident.before I entered Washington on (Must be used in WA for personal and family transportation only.) GIFT:Donor previously paid Washington State sales/use tax. INHERITANCE:Washington sales/use tax paid by Iestator. Transtered to SPOUSE, Sale to INDIANIN INDIAN COUNTRY.Notarized staIement is attached. -lease attach additional a --Iications. VIN ASSIGNMENT GROSS WEIGHT GWT CREDIT (Mignon ARBITRATION SALES/USE TAX Washington State primary residence street address or Washington State principal place of business street address is required on the vehicle record (WAC 308-56A-030).For exce tions to this rule see form TD-420-004. For more than two Re-istered or Le-al Owners NEW REGISTERED OWNER NAME Last First Middle InIIIal LICENSE SERVICE REPLACEMENT PLATE AQUATIC WEED LOCALOPTION TRAUMA FIRST OWNER'S WASHINGTON DRIVERS LICENSE.ID CARD OR UBI NUMBER SECOND OWNER'S WASHINGTON DRIVERS LICENSE.ID CARD OR UEI NUMBER eaw 1w LL57 Q 6 NE LEGAL OWNER NAME Last First Middle InItial REPLACEMENTTAE Cereal 29392.2:LL.) NAME Last First Middle Initial PENALTY _£‘__L‘try was“) ADDRESS I D ID.one ng ADDRESS CONTINUED TOTAL FEES a TAXVA5-I 0 LA}1“ SUB‘ADQENTFEE FIRST OWNER'S WASHINGTON DRIVERS LICENSE.ID CARD OR UBI NUMBER wrmctunzmnmu SECOND OWNER'S WASHINGTON DRIVERS LICENSE,ID CARD OR UBI NUMBER aav‘1w As‘ra? DEALER'S REPORT OF SALE WA DLF‘N04 I certify that this information is correct. The vehicle is clear of encumberances DATE OF DEUVEHY except as shown.Any required sales tax has been collected. Anyonewho knowinglymakes a false statement maybe guiltyof a felonyunder state lawand uponconvictionshallbe punishedbya fine,imprisonmentor both.I declare under penaltyof perjuryunderthe laws of the State ofWashingtonthat the informationIhave providedon thisformis true and correct. X"Ciel—eelz“,[gt-(71%?17%“;Eng:Lina; DEALER NAME DATE OF SALE DEALERS AUTHORIZED SIGNATURE VEHICLE IS:(X)NEW USED FREVIOUSLV TITLED Registered bwnet Signature Date Signed Place Signed (such as City or County)Position,ii signing for a business X Registered Ow ignature Date Signed PIace Signed (such as City or County)Position.it signing tor a business I NOTARIZATION /CERTIFICATION State of Washington Signed or attested County of ['25[I I EM before me on by KQALEIF’I'ép?r“Signature W | | | I Printed Name of Person Signing Document Notary/Agent Signature I | | 7 t Notary's Name (PRINTED or STAMPED)6/[*7dry Z .H]// -'r Dealer No.0R Title IgdaétbiiS?gd 41 (si—AND:County/Of?ce No.0R 52['1&(Mg Nola lAgent Notary Expiration Date ‘\The Department 0!Licensing has a policy 0!providing equal access to its services.m420—WHWN‘“II you need special accommodation,please call (360)902-3600 or TTY (350)664-BE85, Page 90 of 378 [?iermwmw VEHICLE CERTIFICATE OF OWNERSHIP APPLICATION ligEnSl-na Certificate of Fact for Address Verification F E E SPleaseTypeorPrintPlelnly PLATE OR TPO COLOR II!Top orFront Color COLOR#2 BatornorRearCoIor VEHICLE IDENTIFICATION (VIN)NUMBER MOD YFI PWR USE MAKE SERIES/BODY TYPE MODEL ID VALUE CODE YEAR MONORAIL CYCLE ENGINE OR MOTOR HOME NUMBER FLEET CODE EOUIPMENTP MO REG REG EXP DATE SCALE WEIGHT SEATS PITAEXCISE TAX DECLAREDGWT MONTH GWT GWT EXP MILEAGE CODE PREVIOUS TITLEII STATE LICENSE SPECIALOPTIONS COUNTYOF RESIDENCE PURCHASE PRICE TAx JURISDICTION TAXRATE APPLICATION DAV Leased No Title Issued NRM Bonded NON-ROADWORTHY _,NSFECTION "mm America"neg omy I:USE TAX EXEMPT:anateautomobilewaspurchasedand used _ :I JaimTenams With nghis mSuwwmhip y me In another state for a minimum of so days while I was a banalide.‘._resident,belore I entered Washington on VIN ASSIGNMENT Washington State primary I‘t‘SldCl‘lCL‘.Street (Must be used in WA [or personal and family transporlalion only.) address 01'\Vilshing‘lon State principal place GIFT:Donor previously paid Washington State sales/usetaxt of business Stl‘l‘l‘l address is required on INHEHWANCElwaShIHQIOHsaIGS/USS13*Paidby tesIanr. Translered to SPOUSE. Sale to INDIANIN INDIAN COUNTRY.Notarized statement is attached.GWT CREDIT“‘1‘” GROSS WEIGHT the vehicle record (WA I 308-56A-030).For (-xce Jtions to th rule,see form TD-420-004. For m--r t -two He ist-red -r Le-al Iwnr -Iease attach additional 21--Iications. NEW REGISTERED OWNER ARBITRATION NAME Last First Middle Initial _SALES/USE TAx NAME Last First Middle Initial UCENSE SENCE Washington State primary residence Street Address (IF AN INDIVIDUAL)OH Weshlngton State principal place 0 business Street Address (IF A BUSINESS)REPLACEMENTPLATE ADDRESS CONTINUED LPG g , AOUATIC WEED MAILIN ADDR (IF I ERENTTHANHE r -n-v.o'x -m...- LOCAL OPTION FIRST OWNER'S WASHINGTONDRIVERS LICENS CARD OR UBl NUMBER SECOND OWNER'S WASHINGTON DRIVERS LICENSE.ID CARDOR UBI NUMBER TRAUMA NEW LEGAL OWNER NAME Last First Middle Initial REPLACEMENT“ NAME Last First Middle Initial PENALTY ADDRESS OUT OF STATE ADDRESS CONTINUED OTHER FIRST OWNER’SWASHINGTON DRIVERS LICENSE,lD CARD OR UBINUMBER SECOND OWNER’SWASHINGTONDRIVERS LICENSE,ID CARDCR ual NUMBER TOTAL FEES “AX DATEOF SALE SUBI’ EWINEEEIN mt)~ DEALERNAMEWADLRNO.DEALER‘SREPORT OF SALE I certify that this information is correct. he vehicle is clear of encumberances DATE 0.:DELIVERY except as shown Any required sales tax has been collected. Anyonewho knowinglymakes a false statement maybe guiltyof a felonyunderstate lawand upon convictionShallbe punishedbya line,imprisonmentor both.I declare underpenaltyof perjuryunderthe lawsof the State of Washingtonthat the informationIhaveprovidedon thisformis true and correct. DEALEH’SAUTHORIZEDSIGNATURE VEHICLEIS:(X)NEW USED PREVIOUSLY TITLED X Registered Owner Signature Date Signed Place Signed (such as City or County)Position,if Signing for a business X Registered Owner Signature Date Signed Place Signed (such as City or County)Position.il signing tor a business NOTARVSEAL 0B STAMP NOTARIZATION/CERTIFICATION State of Washington Signed or attested County of before me on Signature Printed Name of Person Signing Document Nolaryl Agent Signature Notary's Name (PRINTED or STAMPED) Dealer No.0R AND:County/Office NOIOR Nota Ex-iratlon Date The Department of Licensing has a policy orproviding equal access to its services TD420<001 VEHICLECERT 0F OWNERSHIP APPL(R11/05)0HIW ll you need special accommodation,please call (560)902-3500 or TTY (350)664-8885.Page 91 of 378 FRANKLINFIR DI TRIC PREVENTFIRES IT’S YOUR JOB!V October 9,2015 We,Franklin County Fire Protection District #3,have gi?ed a 1989 BMY 6X6 chassis VIN #1001AA275 to the City of Pasco Washington for $0.00. Thank you,mm Mike Harris Fire Chief Franklin County Fire District #3 7809 Road 36 N,Pasco,WA 99301 509-547-9306 —fax:509-547-2535 —email:fcfd3@fcfd3.org Page 92 of 378 RESOLUTION NO. e39 A Resolution approving performance standards for Pasco Fire Department emergency responses. WHEREAS, the City of Pasco Fire Department is legally established as a fire department to provide certain emergency medical, fire and rescue services; and, WHEREAS, the Pasco Fire Department has a mission statement and goals and objectives to guide the organization in providing fire and emergency medical services to our community; and, WHEREAS, the Pasco Fire Department has a basic organizational structure which includes the City Council, City Manager, Chief, Officers, Firefighters, Paramedics and EMTs; and, WHEREAS, the Pasco Fire Department is required by state law (SHB 1756, laws of 2005) to establish turnout and response time goals for various emergency responses; and, WHEREAS, the Pasco Fire Department has developed written response coverage objectives required to comply with applicable provisions of SHB 1756;NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby approves the attached Response Standards as the Pasco Fire Department policy for determining resource deployment for emergency medical, fire and rescue services; and, This resolution was adopted at a regularly scheduled public meeting of the City of Pasco City Council for City of Pasco Fire Department on this 5 day of February, 2006. rj- 0441 Joyce lso Vmayor ATTE T: APPROVED AS TO FORM: k - 5;?, -r- Sandy Kenw hy, Deputy City lerk Leland B. Kerr, City Attorney Page 93 of 378 PASCO FIRE DEPARTMENT RESPONSE STANDARDS I.Mission Statement The Pasco Fire Department's mission is to provide rapid mitigation of fire, rescues, hazardous materials and medical emergencies with compassion, integrity, and respect for the people we serve. To be the premier provider of public safety services, utilizing our people as the critical resource to accomplish our goals. II. Response Standards The following standards represent the minimum desired service level for the respective emergency response services provided by the Fire Department. Affected managers shall deploy appropriated resources so as to best achieve the standards set forth herein. A. TURNOUT: A turn out time of two (2) minutes, which the department should meet 85% of the time. All firefighting safety equipment must be donned before the vehicle can leave the station for a fire response. B. FIRST ENGINE ARRIVAL: A response/travel time (after turnout) of six (6) minutes for the arrival of the first engine company (at least two (2) firefighters) to a fire suppression incident, which the department should meet 85% of the time. C. FIRST FULL ALARM ARRIVAL: A response/travel time (after turnout) of twelve 12) minutes for the arrival of the full complement of a 15C alarm response to a fire suppression incident, which the department should meet 85% of the time. "Full complement" means at least two (2) engine companies (trucks) with associated firefighters and one (1) command officer. D. BLS AMBULANCE ARRIVAL: A response/travel time (after turnout) of six (6) minutes/seconds for the arrival of the first emergency medical unit with at least one 1) EMT on board to an emergency medical incident, which the department should meet 85% of the time. E. ALS AMBULANCE ARRIVAL: A response/travel time (after turnout) of six (6) minutes for the arrival of an advanced life support unit with at least one (1) paramedic on board to an ALS emergency medical incident, which the department should meet 85% of the time. F. HAZARDOUS MATERIALS: A response/travel time (after turnout) of six (6) minutes for the arrival of the first unit with at least one (1) appropriately trained Hazardous Materials Technician on board to a hazardous materials incident, which the department should meet 85% of the time. Page 94 of 378 PASCO EIRE DEPARTMENT RESPONSE STANDARDS G. TECHNICAL RESCUE INCIDENT: A response/travel time (after turnout) of six 6) minutes for the arrival of the first unit with appropriately trained and equipped personnel on board to a technical rescue incident, which the department should meet 85% of the time. H. AIRCRAFT RESCUE AND FIREFIGHTING: A total response/travel time of three (3) minutes for the arrival of the first unit with appropriately trained and equipped aircraft rescue and firefighting personnel on board to the site of an aircraft incident, which the department should meet 100% of the time (required standard of FAA). I. WILD LAND FIREFIGHTING: A response/travel time (after turnout) of six (6) minutes for the arrival of the first unit with appropriately trained and equipped wild land firefighting personnel on board to a wild land fire incident, which the department should meet 85% of the time. III. ANNUAL REPORT The Fire Chief shall report the department's performance relative to these standards to the City Manager and City Council annually. February 2006 Page 95 of 378 AGENDA REPORT FOR: City Council April 24, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 5/4/26 FROM: Harold Stewart, City Manager City Manager SUBJECT: Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month Proclamation (5 minute staff presentation) I. ATTACHMENT(S): Proclamation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Mayor Grimm will read the proclamation for "Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month" scheduled for May 2026 and present the proclamation to members of the AANHPI community. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Proclamations issued by the Mayor of the City of Pasco provide an opportunity for the City to recognize exceptional events. The goal of a proclamation is to recognize and celebrate the extraordinary achievements of Pasco citizens and non-profit organizations, honor occasions of importance and significance, and increase public awareness of issues to improve the well-being of the people of this City. Information on how to request proclamations is available on the City's website to provide equitable opportunity for community members and organizations to have their events and achievements recognized and celebrated. V. DISCUSSION: The "Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month" Proclamation will be read and presented to members of the Page 96 of 378 AANHPI community. Page 97 of 378 Proclamation “Asian American, Native Hawaiian, and Pacific Islander Heritage Month” May 2026 WHEREAS, Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month is a time to recognize the contributions and achievements of Americans of Asians from across the Asian continent, Native Hawaiian, and Pacific Island descent; and WHEREAS, in the United States, Asian Pacific Heritage Week was first celebrated in 1979 and was extended into AANHPI Heritage Month in 1992; and WHEREAS, the month of May was chosen as Asian Pacific American Heritage Month to commemorate the immigration of the first Japanese citizen, Nakahama Manjiro, to the United States on May 7, 1843, and also the anniversary of the May 10, 1869 completion of the first Transcontinental Railroad, built in-part with the back-breaking labor of nearly 20,000 Chinese immigrants; and WHEREAS, today, more than 20 million AANHPI members live in the United States; and WHEREAS, we celebrate their achievements and contributions which enrich our history, society, and culture through languages and religions, and make our community more vibrant, prosperous, and secure; and WHEREAS, during AANHPI Heritage Month we acknowledge the additional determination, hard work, and perseverance AANHPI put forth to be heard and seen; and WHEREAS, the 2026 theme is “Power in Unity: Strengthening Communities Together” and highlights the importance of collaboration, resilience, and solidarity in strengthening communities; and NOW, THEREFORE, I, Charles Grimm, Mayor of the City of Pasco, Washington, do hereby proclaim May 2026 as “Asian American, Native Hawaiian, and Pacific Islander Heritage Month.” IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco, State of Washington, to be affixed this 4th day of May 2026. Charles Grimm, Mayor City of Pasco Page 98 of 378 AGENDA REPORT FOR: City Council April 24, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 5/4/26 FROM: Harold Stewart, City Manager City Manager SUBJECT: Amyotrophic Lateral Sclerosis (ALS) Awareness Month Proclamation (5 minute staff presentation) I. ATTACHMENT(S): Proclamation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Mayor Grimm will read the proclamation for "Amyotrophic Lateral Sclerosis (ALS) the present and 2026 for scheduled Month" Awareness May proclamation to Rachel Doyle and guests. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Proclamations issued by the Mayor of the City of Pasco provide an opportunity for the City to recognize exceptional events. The goal of a proclamation is to recognize and celebrate the extraordinary achievements of Pasco citizens and non-profit organizations, honor occasions of importance and significance, and increase public awareness of issues to improve the well-being of the people of this City. Information on how to request proclamations is available on the City's website to provide equitable opportunity for community members and organizations to have their events and achievements recognized and celebrated. V. DISCUSSION: The "Amyotrophic Lateral Sclerosis (ALS) Awareness Month" Proclamation will be read and presented to Rachel Doyle and guests. Page 99 of 378 Page 100 of 378 Proclamation “Amyotrophic Lateral Sclerosis (ALS) Awareness Month” May 2026 WHEREAS, amyotrophic lateral sclerosis, also commonly known as Lou Gehrig's disease, is a progressive fatal neurodegenerative disease in which a person's brain loses connection with their muscles, slowly reducing a person's ability to walk, talk, eat, and eventually breathe; and WHEREAS, thousands of new amyotrophic lateral sclerosis (ALS) cases are reported every year, and estimates show that every 90 minutes, someone is diagnosed with ALS and someone passes away from ALS; and WHEREAS, on average, patients diagnosed with ALS survive only two to five years from the time of diagnosis; and WHEREAS, the exact causes of ALS are unknown and there is no known cure for ALS; and WHEREAS, people who have served in the military are more likely to develop ALS and die from the disease than those with no history of military service; and WHEREAS, securing access to new therapies, durable medical equipment, and communication technologies is of vital importance to people living with ALS; and WHEREAS, clinical trials play a pivotal role in evaluating new treatments, enhancing quality of life, and fostering assistive technologies for those living with ALS; and WHEREAS, the ALS Association is the largest philanthropic funder of ALS research globally and has committed more than $154 million to support more than 550 projects across the United States and 18 other countries; and WHEREAS, the ALS Association is committed to make ALS livable and cure it for everyone, everywhere; and WHEREAS, Amyotrophic Lateral Sclerosis Awareness Month provides an opportunity to increase public awareness of the dire circumstances of people living with ALS, acknowledge the terrible impact this disease has on those individuals and their families, and support research to eradicate this disease; and NOW, THEREFORE, I, Charles Grimm, Mayor of the City of Pasco, Washington, do hereby proclaim May 2026 as “Amyotrophic Lateral Sclerosis (ALS) Awareness Month” and encourage all residents to join in supporting ALS research, advocating for increased funding, and standing in solidarity with those affected by this relentless disease. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco, State of Washington, to be affixed this 4th day of May 2026. ___________________________________ Charles Grimm, Mayor City of Pasco Page 101 of 378 AGENDA REPORT FOR: City Council April 24, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 5/4/26 FROM: Brent Cook, Police Chief Police Department SUBJECT: National Police Week and Peace Officers Memorial Day Proclamation (5 minute staff presentation) I. ATTACHMENT(S): Proclamation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Mayor Grimm will read and present the proclamation proclaiming May 10-16, 2026 Officers "Peace as 2026 15, and Week" Police "National as May Memorial Day" in Pasco, Washington to Interim Police Chief Brent Cook and guests. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Proclamations issued by the Mayor of the City of Pasco provide an opportunity for the City to recognize exceptional events. The goal of a proclamation is to recognize and celebrate the extraordinary achievements of Pasco citizens and non-profit organizations, honor occasions of importance and significance, and increase public awareness of issues to improve the well-being of the people of this City. Information on how to request proclamations is available on the City's website to provide equitable opportunity for community members and organizations to have their events and achievements recognized and celebrated. V. DISCUSSION: The "National Police Week and Peace Officers Memorial Day" Proclamation Page 102 of 378 will be read and presented to Interim Police Chief Brent Cook and guests. Page 103 of 378 Proclamation “National Police Week” May 10 - 16, 2026 WHEREAS, the City of Pasco police plays an essential role in safeguarding the rights and freedoms of the residents of the City of Pasco; and WHEREAS, it is important that all residents know and understand the duties, responsibilities, hazards, and sacrifices of their police; and WHEREAS, the City of Pasco police recognizes their duty to serve the people by safeguarding life and property by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the men and women of the City of Pasco police unceasingly provide a vital public service; and NOW, THEREFORE, I, Charles Grimm, Mayor of the City of Pasco, Washington, call upon all residents of the City of Pasco and upon all patriotic, civic, and educational organizations to observe the week of May 10-16, 2026 as “National Police Week” with appropriate ceremonies and observances in which all of our residents may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all residents. FURTHER, I call upon all residents of the City of Pasco to observe Friday, May 15, 2026 as “Peace Officers Memorial Day” in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco, State of Washington, to be affixed this 4th day of May 2026. ______________________________ Charles Grimm, Mayor City of Pasco Page 104 of 378 AGENDA REPORT FOR: City Council April 10, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 5/4/26 FROM: Haylie Matson, Director Community & Economic Development SUBJECT: PH and Ordinance No. 4833 - Dietrich Rd ROW Vacation (VAC2025- 004) (5 minute staff presentation) I. ATTACHMENT(S): 01 Ordinance 02 Right-of-Way Vacation Petition 03 Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4833, vacating that portion of public Franklin Pasco, of City Road, of for way County, right road Dietrich Washington, situated in sections 21 and 22, township 9 north, range 30 east, Willamette Meridian; authorizing publication by summary only. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The subject right-of-way (Dietrich Road south of Commercial Avenue) was effectively 12 Road P-K / US of construction following abandoned the interchange, resulting in a disconnected segment that no longer serves a transportation State Department Washington of While purpose. the Transportation (WSDOT) retains ownership of adjacent property to the west, both WSDOT and City staff have confirmed that the Dietrich Road right-of-way in this location is under City ownership, likely acquired through prior annexation (circa 1979). The right-of-way currently terminates at Commercial Avenue and does not Page 105 of 378 extend south, and its improvement to full City standards (including a cul-de- sac) would not provide meaningful public benefit and may negatively impact adjacent properties. Both the applicant and WSDOT have indicated no interest in maintaining the right-of-way for public use. WSDOT has further indicated it has no interest in retaining any portion of the vacated area. The applicant has requested full vacation of the right-of-way and expressed interest in acquiring the entire area, with the intent to provide a joint access easement to benefit both the development site and the adjacent WSDOT parcel. Although state law (RCW 35.79.040) typically requires vacated right-of- way to be distributed equally between abutting property owners, staff has noted that formally party if considered one may arrangements alternative be relinquishes interest. The vacation process requires a formal application, including coordination with WSDOT and documentation confirming WSDOT’s lack of interest in the subject right-of-way. City require may code, the to pursuant Additionally, City compensation for the vacated right-of-way, with the amount determined based on the duration of public ownership and the manner in which the property was acquired. For this request, staff agreed to apply the appraisal method set forth in PMC 12.40.100(1), wherein Franklin County assessed values from abutting properties fair are used in determining a and reasonable compensation amount. Background The applicant, REKK Properties, submitted a petition on November 7, 2025, requesting south located of right-of-way vacation Dietrich the of Road Commercial Avenue and north of the US 12 right-of-way. The petition includes signatures from the abutting property owners, including REKK Department State Washington the of side) (east Properties and Transportation (WSDOT) (west side), satisfying the requirement that at least two-thirds of abutting property owners support the vacation. The subject right-of-way is a remnant segment that no longer functions as a through roadway following construction of the US 12 / Pasco-Kahlotus Road interchange. The right-of-way terminates at Commercial Avenue and does not extend south, limiting its utility for transportation purposes. noting right-of-way, the of vacation is requesting applicant The that full development of the adjacent parcel would otherwise require construction of a partial roadway and cul-de-sac that would not provide a meaningful public benefit. The applicant has indicated intent to provide a joint access easement to maintain connectivity between the adjacent parcels following vacation. Page 106 of 378 WSDOT, as the abutting property owner to the west, has signed the petition and indicated no interest in retaining its portion of the right-of-way, supporting the proposed vacation. The application materials include the required petition form and fee. A professional survey and legal description will be required to support the ordinance for vacation, consistent with City requirements. Impact: The proposed vacation will not create landlocked parcels or impair access, as access will be maintained through a joint access easement. The right-of-way is currently unused and does not serve a public purpose. Its vacation will support efficient site development, improve access configuration, and establish clear property boundaries. V. DISCUSSION: Recommendation: Following the public hearing, Staff recommends adoption of this ordinance for the proposed right-of-way vacation including the appraisal and compensation requirements of PMC 12.40.120. Constraints (Time or other considerations): As noted, Resolution 4727 setting 7:00 PM on February 17, 2026, as the date and time for the public hearing was adopted on April 13, 2026. In accordance with code, the public hearing must be held not fewer than 20 days and no more than 60 days following the adoption of the resolution. Although this timing requirement only applies to the public hearing and not the ordinance itself, it is recommended that both be considered concurrently. Staff Analysis: In evaluating the proposed right-of-way vacation, staff has considered the criteria outlined in PMC 12.40.070(1) through (4): 1. The proposed vacation will not adversely affect traffic circulation or accessibility. The right-of-way is not currently used for access and does not function as a through street. 2. The right-of-way is not needed for future public use. It is a remnant segment resulting from prior roadway and interchange construction and does not serve a transportation purpose. 3. The vacation will not result in any landlocked parcels or substantially impair access. Access will be maintained through a proposed joint access easement between the affected properties. 4. The public need will not be adversely affected. The vacation provides a public benefit by eliminating an unnecessary right-of-way, supporting Page 107 of 378 efficient site development, and establishing a clearer and more functional access configuration further from the interchange. Pursuant to Pasco Municipal Code 12.40.030 and Pasco Municipal Code 12.40.120, the City may require compensation for the vacated right-of-way. Given that the right-of-way has been in public ownership for more than 25 years and was acquired through annexation, compensation may be required consistent with code, in an amount not to exceed the full appraised value of the area vacated. Next Steps: The vacation ordinance will be recorded with Franklin County, completing the formal process and clarifying property boundaries. Petitioners will be notified of the City’s decision and if the ordinance is adopted, will formally acquire the vacated portion of Dietrich Road right-of-way. Alternatives: Although the criteria in PMC Section 12.40.070 do not explicitly provide for denial, the City Council retains the authority to deny the proposed right-of-way vacation if findings support such a decision. However, denial would require the right-of-way to be improved to City standards, including a cul-de-sac, which may not provide a meaningful public benefit and could negatively impact development of the adjacent property. Page 108 of 378 Ordinance – Vacation No. VAC2025-004 - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, VACATING THE PORTION OF DIETRICH ROAD RIGHT-OF-WAY LOCATED SOUTH OF COMMERCIAL AVENUE AND NORTH OF THE US- 12 RIGHT OF WAY. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way (ROW); and WHEREAS, a petition for vacating the portion of Dietrich Road right-of-way located south of Commercial Avenue and north of the US 12 right-of-way has been submitted to the City by owners of at least two-thirds of the properties abutting the portion of the right-of-way to be vacated per Pasco Municipal Code (PMC); and WHEREAS, on April 13, 2026, pursuant to the PMC Section 12.40.040, the City passed Resolution No. 4727, initiating the vacation procedures and setting a public hearing for the proposed vacation; and WHEREAS, pursuant to PMC Section 12.40.050, appropriate notice was given of the City’s intent to vacate the public right-of-way; and WHEREAS, the City held a public hearing on the proposed vacation on May 4, 2026; and WHEREAS, the vacation process provided in PMC Chapter 12.40 requires a title report, and an appraisal of value and compensation unless waived by the City Council; and Page 109 of 378 Ordinance – Vacation No. VAC2025-004 - 2 WHEREAS, pursuant to PMC Section 12.40.120(2) the City may waive the requirement for a title report, an appraisal of value and compensation if one or more of the following are applicable: the vacation is initiated by Council Resolution; the vacation is at the request of the City; the Council had previously determined that the right-of-way is not essential to public traffic circulation and is available for vacation; the grant of a substitute right-of-way has value as a right- of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated; and WHEREAS, the proposed vacation does meet the above listed criteria for waiver of the requirements for an appraisal of value and compensation pursuant to PMC Section 12.40.120(2), as the right-of-way to be vacated was previously determined by the City Council not to be essential for public traffic circulation and available for vacation; and WHEREAS, the City Council may approve a right-of-way vacation upon making findings pursuant to PMC Section 12.40.070(1)-(4), that the vacation of the right-of-way will not adversely affect traffic accessibility and circulation within the immediate area or with the City as a whole; is not contemplated or needed for future use; no abutting property will become landlocked or have access substantially impaired; and the public needs shall not be adversely affected and the vacation will provide a public benefit or serve a public purpose; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council finds that the required criteria of the PMC Section 12.40.070(1)-(4) have been met and that a portion of right-of-way, as depicted in Exhibit A, is hereby vacated; Section 2. That pursuant to PMC Chapter 12.40, the City Council hereby imposes the requirements for appraisal and compensation for the vacated right-of-way. Section 3. That a certified copy of this Ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this Ordinance. Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors Page 110 of 378 Ordinance – Vacation No. VAC2025-004 - 3 or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 6. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington this ___ day of _____, 202_. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Ogden Murphy Wallace, PLLC City Clerk City Attorney Published: _____________________________ Page 111 of 378 Page 112 of 378 Page 113 of 378 Page 114 of 378 Page 115 of 378 WSDOT 2809 Rudkin Road, Union Gap WA 98903 509 577 1626 randy.giles@wsdot.wa.gov Page 116 of 378 Page 117 of 378 N COMMERCIAL AVENUE PAS C O K A H L O T U S R O A D H I G H W A Y 1 2 O N R A M P ( N W L I N E ) A Pa g e 1 1 8 o f 3 7 8 Pasco City Council May 4, 2026 Regular Meeting Pa g e 1 1 9 o f 3 7 8 Right-of-Way Vacation Public Hearing Dietrich Road-VAC2025-004 May 4, 2026 Pasco City Council Pa g e 1 2 0 o f 3 7 8 01 History 02 PMC 03 Vicinity Map Pa g e 1 2 1 o f 3 7 8 HISTORY FRANKLIN COUNTY RESOLUTION 98-127 Short Plat 2013-03 Pa g e 1 2 2 o f 3 7 8 VAC 2025-004 Dietrich Road Right-of-Way Vacation PMC 12.40 Right-of-Way Vacations A street vacation may be initiated either by a City Council resolution OR by a petition signed by owners of more than two-thirds of the property abutting the area proposed for vacation. Public hearing scheduled for Tuesday, May 4, 2026 @ 7:00 PM: City Council Vacation Approval Criteria The City Council considers the following when reviewing a vacation petition: 1.Traffic Circulation The vacation must not negatively impact traffic accessibility or circulation in the area or the City as a whole. 2.Future Public Use The right-of-way must not be planned or needed for future public purposes. 3.Property Access No adjacent property should become landlocked or experience significantly reduced access as a result of the vacation. 4.Public Interest The vacation must not harm public needs and should offer a public benefit or serve a public purpose. Pa g e 1 2 3 o f 3 7 8 Pa g e 1 2 4 o f 3 7 8 Questions? Thank you ! Pa g e 1 2 5 o f 3 7 8 AGENDA REPORT FOR: City Council April 3, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 5/4/26 FROM: Haylie Matson, Director Community & Economic Development SUBJECT: PH & Ordinance No. 4834 - Harris Road ROW Vacation (VAC2026-001) (5 minute staff presentation) I. ATTACHMENT(S): Ordinance Exhibit A & Exhibit B WSDOT Agreement 1045 WSDOT Agreement 0968 Resolution 4608 six-year TIP ROW Vacation Petition Resolution 4726 Setting Meeting Date and Time for Public Hearing Power Point Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4834, vacating a portion of the Harris Road right-of-way between future Road 103 and Broadmoor Boulevard within the Broadmoor area, while retaining an easement and the right to exercise or grant easements within the vacated right-of-way for the construction, repair, and maintenance of public utilities and services; providing for severability, establishing an effective date, and authorizing publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Background: On May 2, 1980, the Washington State Department of Transportation (WSDOT) and Franklin County entered into a turnback agreement, identified as Page 126 of 378 “GM 1045,” for the roadway known as “CC Line,” as depicted on Exhibit A of that agreement. This area includes the segment now proposed for vacation, which is affected by the City’s planned realignment of Harris Road/Road 103. Under the agreement, the County conveyed the necessary right-of-way to WSDOT for construction of SR 182 and related improvements. The State assumed jurisdiction during construction, with jurisdiction and maintenance responsibilities transferred back to the County upon completion. The agreement also established long-term ownership and maintenance responsibilities for the roadway system. In addition, a separate agreement (GM 0968), executed on May 23, 1980, addressed the construction of a pedestrian and bicycle trail within the same general area. Under that agreement, the State constructed the trail, after which the retained State The maintenance. County responsibility assumed for the perform to right reserved and elements structural for responsibility maintenance and recover costs from the County if maintenance obligations were not met. The City subsequently annexed this area on January 5, 1981, through Ordinance No. 2388. Dale Adams, on behalf of Broadmoor Properties, LLC, submitted a petition for vacation on April 3, 2026. The petition meets 100 percent of the required two- thirds threshold under PMC 12.40.020(2), as the right-of-way is associated with a single parcel, with a small portion abutting a WSDOT interchange. This segment of right-of-way is no longer necessary due to the realignment of Harris Road and Road 103, as approved by City Council through Resolution No. 4608 and currently being implemented by Public Works in coordination with adjacent property owners. The realignment is part of a coordinated transportation approach within this area, including prior right-of-way dedication along Road 108 and Sandifur Parkway under the same ownership. As part of this coordinated effort, the City’s intent to vacate the Harris Road right-of-way has been contemplated in conjunction with the delivery of substitute infrastructure. A 16-inch ductile iron City irrigation line is located within the right-of-way, and a 20-inch ductile iron City water line is located near the southern boundary, in proximity to the future intersection. Consistent with PMC 12.40.080, the City intends to retain easements to accommodate and maintain these utilities. On April 6, 2026, City Council approved Resolution No. 4726, setting a public hearing for 7:00 PM on Monday, May 4, 2026, to consider the proposed right- of-way vacation. Page 127 of 378 Impact (other than fiscal): The proposed vacation will not result in any landlocked parcels or materially impair access. All affected properties will retain legal and physical access, including via the planned north–south Road 103 connection to Harris Road, located west of the subject property. The City intends to retain easements for existing irrigation and potable water lines. Due to the offset alignment of the facilities, separate easements are anticipated, each with a minimum width of 15 feet, consistent with standard City practice. While this portion of right-of-way has historically been utilized, the planned roadway and access and modified, necessary since has network been connectivity will be maintained through alternative alignments. V. DISCUSSION: Recommendation: Pursuant to PMC 12.40.030, the City may waive certain submittal requirements and are for required compensation a appraisal whether determine and proposed right-of-way vacation. Staff recommends approval of the proposed right-of-way vacation with the retention of easements, including a waiver of the title report requirement and a waiver of appraisal and compensation. The waiver of the title report is supported by the City’s prior determination under Resolution No. 4608 that the subject right-of-way is not essential for public circulation, consistent with PMC 12.40.120(2)(c). This determination was made as part of the adoption of the six-year Transportation Improvement Program on June 16, 2025. The waiver of appraisal and compensation is supported by the overall project proposal and the prior understanding between the City and the landowner that sufficient right-of-way would be dedicated for improvements along Road 108 and Sandifur Parkway under the same ownership, reflecting a coordinated approach coordinated This this area. infrastructure transportation to in approach is further implemented through the construction of Road 103 as substitute right-of-way. The developer’s agreement advances this coordination by providing for the construction enhance of Road 103, which will maintain and connectivity between Harris Road and Sandifur Parkway and serve the same functional Page 128 of 378 purpose as the segment proposed for vacation. In lieu of monetary compensation, the construction of Road 103 constitutes a direct and proportional public benefit that replaces the function and value of the vacated right-of-way, resulting in equivalent or greater transportation utility. Based on this coordinated infrastructure approach and the resulting public benefit, staff finds that requiring appraisal and compensation is not necessary to achieve equivalent transportation value in this instance. While WSDOT has indicated an expectation that an appraisal be prepared in the event of a traditional disposition, the City’s action is not a standalone sale but part of a coordinated transportation improvement and infrastructure exchange. The construction of Road 103 provides an in-kind public benefit that fulfills the intent of valuation by delivering equivalent or greater transportation infrastructure. Constraints (Time or other considerations): Resolution No. 4726, adopted on April 6, 2026, sets the public hearing for May 4, 2026, at 7:00 PM. In accordance with code, the hearing must occur no fewer than 20 days and no more than 60 days following adoption of the resolution. While this requirement applies only to the hearing and not the ordinance, staff recommends consideration of both concurrently for efficiency. Staff Analysis: In evaluating the proposed right-of-way vacation, consideration has been given to the criteria outlined in PMC Section 12.40.070(1) through (4): 1. The proposed vacation will not adversely affect traffic accessibility or local circulation, as the right-of-way has been determined to be Council City and prior transportation by unnecessary professionals action. Connectivity will be maintained through the planned Road 103 alignment, which will provide an alternative route between Harris Road and Sandifur Parkway. 2. public for needed be to future not is right-of-way The expected transportation purposes, as an alternative route will be provided. The City will retain easements for existing irrigation and potable water lines to ensure continued operation. Due to the offset alignment of these facilities, separate easements are anticipated, each with a minimum width of 15 feet, consistent with standard City practice, and will remain in place until such time as the utilities are relocated or replaced. 3. be access will nor landlocked, properties be will No rendered substantially impaired. The subject property will maintain access from Road 103, Sandifur Parkway, and potentially Broadmoor Boulevard, subject to WSDOT access restrictions or coordination for any necessary approvals. 4. The public need will not be adversely affected. The proposed vacation Page 129 of 378 provides a public benefit by increasing the size and usability of the affected parcel. With the retention of necessary utility easements, the site will gain additional developable area and eliminate the existing roadway that currently bisects the property. Next Steps: Following adoption, City staff will coordinate with Public Works and Development Services to ensure the proper retention and documentation of easements for the existing water and irrigation lines. This will include the eventual realignment of the irrigation line within the Road 103 corridor and the abandonment of the existing irrigation line located within the Harris Road right- of-way. An easement will be retained for the existing water line. The vacation ordinance can be recorded with Franklin County, completing the formal process and clarifying property boundaries. The petitioners will be notified of the City’s decision and will acquire the vacated portion of land, subject to the retained utility easements. Alternatives: Although PMC Section 12.40.070 does not explicitly identify denial criteria, the City Council retains the authority to deny the proposed right-of-way vacation if findings support such a decision. Denial would retain the right-of-way in public ownership for potential future use; however, it may limit the efficient development and coordinated use of the surrounding properties, particularly given the planned roadway realignment. Page 130 of 378 Ordinance – Vacation No. VAC2026-001 - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, VACATING HARRIS ROAD RIGHT-OF-WAY BETWEEN ROAD 103 AND BROADMOOR BOULEVARD, WITHIN THE BROADMOOR AREA PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way (ROW); and WHEREAS, a petition for the vacation of Harris Road right-of-way between Road 103 and Broadmoor Boulevard, within the Broadmoor Area has been submitted to the City by owners of more than two-thirds of the properties abutting the portion of the right-of-way to be vacated per Pasco Municipal Code (PMC); and WHEREAS, on April 6, 2026, pursuant to the PMC Section 12.40.040, the City passed Resolution No. 4726, initiating the vacation procedures and setting a public hearing for the proposed vacation; and WHEREAS, pursuant to PMC Section 12.40.050, appropriate notice was given of the City’s intent to vacate the public right-of-way; and WHEREAS, the City held a public hearing on the proposed vacation on May 4, 2026; and WHEREAS, the vacation process provided in PMC Chapter 12.40 requires a title report, survey, and an appraisal of value and compensation unless waived by the City Council; and Page 131 of 378 Ordinance – Vacation No. VAC2026-001 - 2 WHEREAS, pursuant to PMC Section 12.40.120(2) the City may waive the requirement for a title report, an appraisal of value and compensation if one or more of the following are applicable: the vacation is initiated by Council Resolution; the vacation is at the request of the City; the Council had previously determined that the right-of-way is not essential to public traffic circulation and is available for vacation; the grant of a substitute right-of-way has value as a right- of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated; and WHEREAS, the proposed vacation does meet the above listed criteria for waiver of the requirements for a title report, an appraisal of value, and compensation pursuant to PMC Section 12.40.120(2) as it was acquired without cost to the City and the resulting benefit to the community, in terms of increased traffic safety as a direct result of safer turn radius, will outweigh any value of the vacated right-of-way; and WHEREAS, the City Council may approve a right-of-way vacation upon making findings pursuant to PMC Section 12.40.070(1)-(4), that the vacation of the right-of-way will not adversely affect traffic accessibility and circulation within the immediate area or with the City as a whole; is not contemplated or needed for future use; no abutting property will become landlocked or have access substantially impaired; and the public needs shall not be adversely affected and the vacation will provide a public benefit or serve a public purpose; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council finds that the required criteria of the PMC Section 12.40.070(1)-(4) has been met. Section 2. That a portion of right-of-way, as described in Exhibit A and depicted in Exhibit B, and as further described below, be and the same is hereby vacated; A PORTION OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 7, MARKED BY A NAIL IN CONCRETE IN CASE AT THE INTERSECTION OF HARRIS ROAD AND BROADMOOR BOULEVARD, BEING NORTH 00°03'04" WEST A DISTANCE OF 2666.65 FEET FROM THE SOUTHEAST Page 132 of 378 Ordinance – Vacation No. VAC2026-001 - 3 CORNER OF SAID SECTION 7, MARKED BY A NAIL IN CONCRETE IN CASE AT THE INTERSECTION OF CHAPEL HILL AND BROADMOOR BOULEVARD, THENCE NORTH 00°03'30" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7 A DISTANCE OF 50.00 FEET TO A LINE BEING A PROJECTION OF THE NORTH RIGHT-OF- WAY MARGIN OF HARRIS ROAD PER WASHINGTON STATE DEPARTMENT OF TRANSPORTATION SR 182 COLUMBIA RIVER TO SR 395 I/C - SURFACING AND PAVING "AS CONSTRUCTED PLANS", WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CONTRACT NUMBER 2495, SHEETS 41-42 OF 186, APPROVED 03/14/82; THENCE SOUTH 89°15'11" WEST ALONG SAID PROJECTION LINE A DISTANCE OF 75.01 FEET TO THE WESTERLY RIGHT-OF-WAY MARGIN OF BROADMOOR BOULEVARD PER WASHINGTON STATE DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY AND LIMITED ACCESS PLANS, GOOSEGAP ROAD TO ROAD 68, SHEETS 15-17 AND 24 OF 24, WITH LATEST CUMULATIVE REVISION DATE OF 10/03/2003, AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY AND WESTERLY RIGHT-OF-WAY MARGINS OF SAID HARRIS ROAD THE FOLLOWING COURSES: THENCE SOUTH 89°15'11" WEST A DISTANCE OF 474.99 FEET; THENCE SOUTH 00°03'04" EAST A DISTANCE OF 286.93 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 950.00 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 819.20 FEET, WITH A DELTA ANGLE OF 49°24'26", A CHORD BEARING OF SOUTH 24°39'09" WEST, AND A CHORD LENGTH OF 794.06 FEET; THENCE SOUTH 49°21'22" WEST A DISTANCE OF 95.14 FEET; THENCE LEAVING SAID RIGHT-OF-WAY MARGINS OF HARRIS ROAD SOUTH 40°17'58" EAST A DISTANCE OF 104.32 FEET TO THE SOUTHERLY RIGHT-OF-WAY MARGIN OF SAID HARRIS ROAD; THENCE ALONG THE SOUTHERLY AND EASTERLY RIGHT-OF-WAY MARGINS OF SAID HARRIS ROAD THE FOLLOWING COURSES: THENCE NORTH 49°42'02" EAST A DISTANCE OF 105.57 FEET; THENCE NORTH 38°08'26" EAST A DISTANCE OF 393.91 FEET; THENCE NORTH 21°27'07" EAST A DISTANCE OF 107.75 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 1,050.00 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 394.06 FEET, WITH A DELTA ANGLE OF 21°30'11", A CHORD BEARING OF NORTH 10°42'01" EAST, AND A CHORD Page 133 of 378 Ordinance – Vacation No. VAC2026-001 - 4 LENGTH OF 391.76 FEET; THENCE NORTH 00°03'04" WEST A DISTANCE OF 188.13 FEET; THENCE NORTH 89°15'11" EAST A DISTANCE OF 374.99 FEET TO SAID WESTERLY RIGHT-OF-WAY MARGIN OF BROADMOOR BOULEVARD; THENCE LEAVING SAID RIGHT-OF-WAY MARGINS OF HARRIS ROAD NORTH 00°03'04" WEST A DISTANCE OF 50.91 FEET; THENCE NORTH 00°03'30" WEST A DISTANCE OF 49.10 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 159,916 SQUARE FEET, 3.67 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. Section 3. That the City shall retain an easement and the right to exercise or grant easements with respect to the Harris Road right-of-way described in Section 2 above for the construction, repair and maintenance of public utilities and services. Section 4. That pursuant to PMC Chapter 12.40, the City Council hereby waives the requirements for an appraisal, title report, and compensation for the vacated right-of-way. Section 5. That a certified copy of this Ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 6. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this Ordinance. Section 7. 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 8. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Page 134 of 378 Ordinance – Vacation No. VAC2026-001 - 5 PASSED by the City Council of the City of Pasco, Washington this ___ day of _____, 202_. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks Ogden Murphy Wallace, PLLC Deputy City Clerk City Attorney Published: _____________________________ Page 135 of 378 EXHIBIT A 400 Bradley Blvd, Ste 106 Richland, WA 99352 509.942.1600 Apex Companies, LLC apexcos.com SCALE:PROJECT NO.: DRAWN BY:SHEETCHECKED BY:OF DATE:VIS002-2501452904/20/2026 ROP/SAG BCH N/A 1 4 Page 136 of 378 EXHIBIT A 400 Bradley Blvd, Ste 106 Richland, WA 99352 509.942.1600 Apex Companies, LLC apexcos.com SCALE:PROJECT NO.: DRAWN BY:SHEETCHECKED BY:OF DATE:VIS002-2501452904/20/2026 ROP/SAG BCH N/A 2 4 Page 137 of 378 I-182 ( L W L I N E ) HA R R I S R O A D 0807 DESCRIPTION AREA BR O A D M O O R BO U L E V A R D Scale 1" = 200' 0 100 200 400 EXHIBIT B 18 17 0807 400 Bradley Blvd, Ste 106 Richland, WA 99352 509.942.1600 Apex Companies, LLC apexcos.com SCALE:PROJECT NO.: DRAWN BY:SHEETCHECKED BY:OF DATE:VIS002-2501452904/20/2026 ROP/SAG BCH 1" = 200' 3 4 Page 138 of 378 EXHIBIT B 400 Bradley Blvd, Ste 106 Richland, WA 99352 509.942.1600 Apex Companies, LLC apexcos.com SCALE:PROJECT NO.: DRAWN BY:SHEETCHECKED BY:OF DATE:VIS002-2501452904/20/2026 ROP/SAG BCH N/A 4 4 Page 139 of 378 Page 140 of 378 Page 141 of 378 Page 142 of 378 Page 143 of 378 Page 144 of 378 Pa g e 1 4 5 o f 3 7 8 Pa g e 1 4 6 o f 3 7 8 Pa g e 1 4 7 o f 3 7 8 Pa g e 1 4 8 o f 3 7 8 Pa g e 1 4 9 o f 3 7 8 Pa g e 1 5 0 o f 3 7 8 Pa g e 1 5 1 o f 3 7 8 Page 152 of 378 Page 153 of 378 Page 154 of 378 Page 155 of 378 Page 156 of 378 Page 157 of 378 Page 158 of 378 Pa g e 1 5 9 o f 3 7 8 Pa g e 1 6 0 o f 3 7 8 Pa g e 1 6 1 o f 3 7 8 Pa g e 1 6 2 o f 3 7 8 Pa g e 1 6 3 o f 3 7 8 Pa g e 1 6 4 o f 3 7 8 Pa g e 1 6 5 o f 3 7 8 Pa g e 1 6 6 o f 3 7 8 Pa g e 1 6 7 o f 3 7 8 Pa g e 1 6 8 o f 3 7 8 Pa g e 1 6 9 o f 3 7 8 Pa g e 1 7 0 o f 3 7 8 Pa g e 1 7 1 o f 3 7 8 Resolution – 2026-2031 Six-Year TIP - 1 RESOLUTION NO. 4608 A RESOLUTION ADOPTING THE 2026-2031 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE CITY OF PASCO FOR THE PURPOSE OF GUIDING THE DEVELOPMENT, DESIGN, AND CONSTRUCTION OF LOCAL AND REGIONAL TRANSPORTATION IMPROVEMENTS. WHEREAS, RCW 35.77.010 provides for annual revision and extension of the comprehensive transportation program of each city and town, after public hearing thereon; and WHEREAS, the City shall annually review the work accomplished under the program and determine current City transportation needs and from these findings shall prepare and adopt a revised and extended comprehensive transportation program before July 1 of each year; and WHEREAS, on April 21, 2025, and May 7, 2025, City staff held open house opportunities on the revision and extension of the comprehensive transportation program, received and evaluated all comments; and WHEREAS, on May 19, 2025, the City Council held a public hearing on the revision and extension of the comprehensive transportation program, received and evaluated all comments; and WHEREAS, it is now time to revise and extend the comprehensive transportation program as identified as the Six-Year Transportation Improvement Program (TIP); and WHEREAS, the City has determined, based on an assessment of the work accomplished under this program and the current City transportation needs, that this revised comprehensive transportation program adequately addresses the City’s future transportation needs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City of Pasco hereby adopts the revision and extension of the comprehensive transportation program for the ensuing six years as attached hereto as Exhibit A, and labeled 2025-2031 Transportation Improvement Program” incorporated by this reference as though fully set forth herein; and Be It Further Resolved, that the comprehensive transportation program shall be filed with the Benton-Franklin Council of Governments and the Washington State Department of Transportation. Be It Further Resolved, that this Resolution shall take effect immediately. Page 172 of 378 Resolution – 2026-2031 Six-Year TIP - 2 PASSED by the City Council of the City of Pasco, Washington, on this 16th day of June, 2025. Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 173 of 378 2026-2031 Transportation Improvement Program Final 06/11/2025 Column1 Project Title Road Name Begin/End Termini Prior Year 2026 Year 2027 Year 2028 Year 2029 Year 2030 Year 2031 REMAINDER 6 year- plan PROJECTS 1 SRTS Argent Rd/Rd 88 & Sandifur Pkwy/Rd 90 Pedestrian Crossings Argent Road Road 88 679,056$ 500,000$ 500,000 2 Lewis Street Underpass Demolition Lewis Street 1st Ave to Tacoma Ave 500,000$ 2,800,000$ 2,800,000 3 Rd 40 E Extension Road 40 East 'A' Street/ East Lewis Place 400,000$ 528,000$ 1,400,000$ 1,928,000 4 Ainsworth Ave Pavement Preservation Ainsworth Ave Oregon Ave/10th ave 400,000$ 1,682,000$ 1,682,000 5 Sylvester St Overpass Pedestrian/Bicycle Access Sylvester Street US 395 Overpass 340,660$ 659,340$ 3,229,340$ 3,888,680 6 Lewis Street Pavement Preservation Lewis Street US12/27th Ave 100,000$ 996,000$ 4,150,000$ 5,146,000 7 Sandifur Pkwy/Rd 76 Intersection Safety Enhancements Sandifur Parkway Road 76 31,000$ 300,000$ 1,700,000$ 2,000,000 8 Clark St Improvements Clark Street 10th St/2nd St 50,000$ 300,000$ 1,450,000$ 1,750,000 9 Rd 76 Overpass Road 76 Chapel Hill/Burden Blvd 2,659,000$ 3,100,000$ 8,000,000$ 12,000,000$ 5,000,000$ 30,759,000 10 Burns Rd/Rd 68 Intersection Improvements Burns Road Rd 68 150,000$ 350,000$ 1,500,000$ 2,000,000 11 Harris Rd Realignment Rd 103 Sandifur Pkwy 250,000$ 1,650,000$ 1,900,000 12 Burns Rd Extension - Missing link Burns Road Road 68/Rio Grande Lane 300,000$ 1,000,000$ 4,700,000$ 6,000,000 13 Burden Blvd/Rd 60 Intersection Improvements Burden Road Road 60 360,000$ 1,810,000$ 2,170,000 14 City Wide Traffic Signal Improvements (Phase 3) Multiple Locations Multiple Locations 300,000$ 2,877,500$ 3,177,500 15 E Lewis St/Heritage Blvd Intersection Improvements E Lewis Street Heritage Blvd 400,000$ 1,500,000$ 500,000$ 2,400,000 16 South Rd 68 Pavement Preservation Court St I-182 700,000$ 1,500,000$ 2,200,000 17 Safe Routes to School Project TBD TBD 300,000$ 1,000,000$ 1,300,000 18 Road 44 FCID Canal Crossing Road 44 FCID Canal (North of Argent PI) 400,000$ 1,600,000$ 2,000,000 19 South 4th Ave (Festival Street Improvements) S 4th Avenue Lewis Street / Columbia Street 290,000$ 790,000$ 1,080,000 20 Sandifur Pkwy/Rd 84 Intersection Improvements Sandifur Parkway Road 84 350,000$ 1,900,000$ 2,250,000 21 Sacajawea Heritage Trail Levee Lowering Sacajawea Heritage Trail Road 54/Road 72 250,000$ 1,500,000$ 1,500,000$ 3,250,000 22 Court & Rd 100 Intersection Improvements Court St Rd 100 500,000$ 1,000,000$ 4,500,000$ 6,000,000 23 Court Street/Road 60 Intersection Improvements Court St Rd 60 450,000$ 2,500,000$ 2,950,000 24 Sandifur Pkwy/Convention Dr Intersection Improvements Sandifur Parkway Convention Dr 410,000$ 1,900,000$ 2,310,000 25 I-182/Broadmoor Blvd I/C Multiuse Pathway/Bridge Broadmoor Boulevard I-182 500,000$ 1,000,000$ 4,000,000$ 4,000,000$ 9,500,000 26 Columbia St Improvements Columbia Street 10th St/2nd St 390,000$ 1,190,000$ 1,580,000 27 Burden Rd/Rd 44 Intersection Improvements Burden Road Road 44 360,000$ 1,810,000$ 2,170,000 28 Rd 40 East Pathway Road 40 East Sacajawea Park/East Lewis Place 540,000$ 590,000$ 840,000$ 1,970,000 29 Rainier Ave/Kartchner St Intersection Improvements Rainier Ave Kartchner 200,000$ 200,000$ 1,500,000$ 500,000$ 2,400,000 30 Court St Improvements- Ped/Bike Court Street Road 96/Harris Road 180,000$ 1,340,000$ 3,456,000$ 2,304,000$ 7,280,000 31 Rd 76 Improvements - Sandifur Pkwy to Cordero Dr Road 76 Sandifur Pkwy/Cordero Dr 300,000$ 1,700,000$ 2,000,000 32 N 4th Ave Pavement Preservation (I-182 to County Line) I-182 County Line (Glade Rd) 150,000$ 1,600,000$ 1,750,000 33 Argent Rd Widening (Phase 4) Argent Road Road 36/Road 44 1,180,000$ 2,360,000$ 2,360,000$ 5,900,000 34 Franklin County Irrigation District Canal Bicycle/Pedestrian Pathway N/A Road 100/Road 76 300,000$ 500,000$ 2,000,000$ 2,800,000 35 Rd 100 Widening Road 100 Court St/Chapel Hill Blvd 625,000$ 950,000$ 7,000,000$ 8,575,000 36 Shoreline Rd Realignment Shoreline Road Court/Burns Road 250,000$ 2,000,000$ 1,000,000$ 7,700,000$ 3,250,000 37 Burns Rd Extension to Glade Rd Burns Road "Road 44"/N Glade Road 2,400,000$ 3,400,000$ 3,000,000$ 24,750,000$ 8,800,000 38 Burden Rd/Madison Ave Intersection Improvements Burden Road Madison Ave 360,000$ 1,810,000$ 2,170,000 39 Court St Safety Improvements Court Street Road 40/Road 68 110,000$ 340,000$ 450,000 40 James St Improvements James Street Oregon Ave/Frontier Lp 250,000$ 1,600,000$ 1,850,000 41 Harris Rd / Crescent Rd Overpass Harris Road Harris Road/Crescent Rd 1,000,000$ 3,000,000$ 47,600,000$ 4,000,000 42 Lewis Street Corridor Improvements (Phase 1) Lewis Street 2nd Ave/ 5th Ave 530,000$ 450,000$ 780,000$ 4,000,000$ 1,230,000 43 Lewis Street Corridor Improvements (Phase 2) Lewis Street 5th Ave/10th Ave 300,000$ 4,800,000$ 300,000 44 I-182/Broadmoor Blvd I/C Improvements - Westbound Broadmoor Boulevard I-182 750,000$ 6,940,000$ 750,000 45 Court St Safety Improvements (Phase 2) Court Street Road 68/Road 96 680,000$ 680,000$ 5,100,000$ 1,360,000 PROGRAMS 161,526,180 46 Annual Pavement Preservation Multiple Locations Multiple Locations 701,000$ 715,500$ 737,000$ 759,200$ 782,000$ 805,500$ 4,500,200$ 47 Ped/Bike Gap Program Multiple Locations Multiple Locations 105,000$ 110,250$ 115,763$ 121,551$ 127,628$ 580,191$ 48 Neighborhood Traffic Calming program Multiple Locations Multiple Locations 110,250$ 115,763$ 121,551$ 127,628$ 134,010$ 609,201$ PLANS AND STUDIES 5,689,592$ 49 Comprehensive Safety Action Plan(SS4A) 250,000$ 150,000$ 150,000$ 50 Traffic Analysis for US 12 US 12 A /Tank Farm Road 1,530,000$ 1,530,000$ 3,060,000$ 51 Interchange Feasibility Study on I-182 I-182 Multiple Existing Interchanges 200,000$ 250,000$ 450,000$ 52 Rd 68/Taylor Flats Rd Intersection Study Road 68 Taylor Flats Rd/Columbia River 350,000$ 350,000$ 53 Sign Reflectivity Analysis and Implementation 112,000$ 400,000$ 512,000$ 4,522,000 15,265,340$ 31,439,590$ 31,323,013$ 31,731,513$ 29,487,179$ 32,491,138$ 171,737,772 Exhibit A Pa g e 1 7 4 o f 3 7 8 2026-2031 Transportaon Improvement Plan (TIP) Project Descripons 1 1. SRTS Argent Rd/Rd 88 & Sandifur Pkwy/Rd 90 Pedestrian Crossings Curb extensions/bulb-outs, crossing advance stop bars, median refuge island, reduced curb radii, stop signs, new marked crosswalks, rectangular rapid flashing beacon (RRFB), lane width reducon, sidewalk 5' +) with curb, pedestrian scale crossing illuminaon, ADA curb ramps. 2. Lewis Street Underpass Demolion This project will demolish the Lewis Street underpass, to 6 feet depth. Backfill aer demolion will be consistent with BNSF requirements. 3. Rd 40 E Extension This project will extend Road 40 E, as a 1-lane northbound roadway north of A Street to connect to E Lewis Place. This extension will eliminate a dead-end road at East Lewis Place. Signal adjustments, striping and signage will be included in the scope of work. 4. Ainsworth Ave Pavement Preservaon This project involves the overlay and restriping of Ainsworth Street/Avenue (SR397) from 10th Avenue to the West and S Oregon Avenue to the East. 5. Sylvester St Overpass Pedestrian/Bicycle Access Pedestrian/Bicyclist Overpass, Sidewalk (6'+) with curb, ADA Curb Ramps, Shared use Path/Trail, Bridge Part of Shared-use Path). 6. Lewis Street Pavement Preservaon Mill and overlay enre exisng pavement area. Work includes cung and patching failed areas (Alligator cracking and spalling), taper mill at curved edges and then overlay with HMA. This allows for unchanged elevaons at exisng curbs and addional structural secon for the majority of the roadway. ADA upgrades will also be included as needed. 7. Sandifur Parkway & Road 76 Intersecon Safety Enhancement This project will convert the two-way stop-controlled intersecon into a roundabout or signalized intersecon and will include the following safety enhancements: ADA compliant ramps, marked crosswalks, and push buon assemblies; Flashing yellow arrows (FYA) for all le-turn movements; emergency vehicle detecon; intersecon lighng. The project will also include design and construcon of intelligent transportaon systems (ITS) connecons to the Sandifur Parkway/Road 68 intersecon for interconnect capabilies. 8. Clark St Improvements This project will adjust Clark Street roadway configuraon to include vehicle travel lanes, bike lanes, lighng, and bulb-outs at crossing locaons for increased pedestrian safety. Conceptual improvements for this project are included in the adopted Downtown Masterplan. 9. Rd 76 Overpass This project will extend Road 76 north from Chapel Hill Blvd to Burden Blvd by construcng an overpass across I-182 to connect communies north and south of the exisng interstate. This project will include bicycle and pedestrian facilies. Page 175 of 378 2026-2031 Transportaon Improvement Plan (TIP) Project Descripons 2 10. Burns Rd/ Rd 68 Intersecon Improvements This project will install a traffic signal at the intersecon of Burns Road and Road 68 and include any necessary ADA improvements. 11. Harris Rd Realignment This project will re-align Harris Road from Road 103 to Broadmoor Blvd to connect to Sandifur Parkway and eliminate the exisng intersecon on Broadmoor. 12. Burns Rd Extension – Missing Link This project will extend Burns Road, from Road 68 to Rio Grande Lane to improve connecvity and access. 13. City Wide Traffic Signal Improvements (Phase 3) This project will replace obsolete signal equipment with updated signal controllers, signal equipment, opmized corridor ming plans, vehicle detecon system and emergency vehicle priority system. Pedestrian access will be upgraded to meet current ADA right of way accessibility design guidelines for the signalized intersecons. 14. Burden Rd/Rd 60 Intersecon Improvements This project will install a traffic signal at the intersecon of Burden Road and Road 60 and include any necessary ADA improvements. 15. E Lewis St/Heritage Blvd Intersecon Improvements This project will install a traffic signal at the intersecon of E Lewis Street and Heritage Blvd and include any necessary ADA improvements. 16. South Rd 68 Pavement Preservaon (NEW) This project involves the asphalt overlay and restriping of South Road 68 from Court Street to eastbound on/off I-182 ramp. 17. Safe Routes to School Project City will connue to work closely with Pasco School District and parents/residents to idenfy and priorize projects that qualify for the state’s biannual Safe Routes to School Program, which could include several locaons. This project typically involves providing sidewalks, enhancing intersecon crossings, providing ADA curb ramps, providing school zone beacons or rectangular rapid flashing beacons (RRFBs), and other safety related improvements within designated school walking routes. 18. Road 44 FCID Canal Crossing (NEW) Project along the west side of Road 44 to provide sidewalk connecvity to address exisng gap across Franklin County Irrigaon Canal structure. Page 176 of 378 2026-2031 Transportaon Improvement Plan (TIP) Project Descripons 3 19. South 4th Ave (Fesval Street Improvements) This project will revise roadway configuraon and install sidewalk furnishings, lighng, street trees and landscaping to create a Fesval Street on South 4th Avenue from Lewis Street to Columbia Street. The street will be able to be closed to motor vehicles during special events and further enhance the completed Peanuts Park improvement project to allow for greater and more varied use of Peanuts Park Plaza. Conceptual improvements for this project are included in the adopted Downtown Masterplan. 20. Sandifur Pkwy/Rd 84 Intersecon Improvements This project will install a traffic signal at the intersecon of Sandifur Parkway and Rd 84 and include any necessary ADA improvements. 21. Sacajawea Heritage Trail Levee Lowering This project will lower the levee and re-install a wider pathway for pedestrians and bicyclists from Road 52 to Road 72. 22. Court & Rd 100 Intersecon Improvements This project will convert the exisng angled T-intersecon at Court St and Road 100 into a roundabout or signalized intersecon, enhance traffic flow and safety in the area, and include any necessary ADA improvements. 23. Court St/Rd 60 Intersecon Improvements This project will install a traffic signal at the intersecon of Court St and Road 60 and include any necessary ADA improvements. 24. Sandifur Pkwy/Convenon Drive Intersecon Improvements This project will install a traffic signal at the intersecon of Sandifur Parkway and Convenon Drive and include any necessary ADA improvements. 25. I-182/Broadmoor Blvd I/C Muluse Pathway/Bridge Construct a ped/bike bridge with a mul-use pathway across I-182 on the west side of the exisng overpass, between ramp terminals. 26. Columbia St Improvements This project will adjust Columbia Street roadway configuraon to include vehicle travel lanes, bike lanes, lighng, and bulb-outs at crossing locaons for increased pedestrian safety. Conceptual improvements for this project are included in the adopted Downtown Masterplan. 27. Burden Rd/Rd 44 Intersecon Improvements This project will install a traffic signal at the intersecon of Burden Road and Road 44 and include any necessary ADA improvements. 28. Rd 40 East Pathway This project will construct a mul-use pathway along Road 40 E from ”A” Street to Sacajawea Park E. Page 177 of 378 2026-2031 Transportaon Improvement Plan (TIP) Project Descripons 4 29. Rainier Ave/Kartchner St Intersecon Improvements This project will install a traffic signal at the intersecon of Rainier Avenue and Kartchner Street at the locaon of the US 395 SB On/Off Ramps and include any necessary ADA improvements. 30. Court Street Improvements – Ped/Bike This project will improve Court Street from Road 96 to Harris Road to include bike and pedestrian facilies and permanent traffic calming features. 31. Rd 76 Improvements – Sandifur Pkwy to Cordero Dr This project will install a traffic signal at the intersecon of Wrigley Drive and Road 76 and include any necessary ADA improvements and reconfigure corridor between Sandifur Pkwy and Cordero Dr. 32. N 4th Ave Pavement Preservaon (I-182 to County Line) (NEW) This project involves the asphalt overlay and restriping North 4th Ave from westbound on/off I-182 ramp to County Line (Glade Road). 33. Argent Road Widening (Phase 4) This project is Phase 4 of urban road improvements to Argent Road from Road 36 to Road 44. Improvements include street widening to a three-lane secon, illuminaon, stormwater facilies, curb/guer, sidewalk, and related improvements. 34. Franklin County Irrigaon District Canal Bicycle/Pedestrian Pathway This project will construct a mul-use pathway along the piped irrigaon canal from Road 100 to Road 76. 35. Rd 100 Widening This project will widen the Road 100 corridor to a 3-lane secon from W Court St to Chapel Hill Blvd. Intersecon Improvements (such as turn lanes) will be evaluated and implemented as part of this project. 36. Shoreline Rd Realignment This project will provide for the realignment of Shoreline Road from Shoreline Court to Burns Road. The realignment would be coordinated with the construcon of a park, to the west of the proposed roadway. 37. Burns Rd Extension to Glade Rd This project will extend Burns Road from the approximate alignment of Road 44 to Glade Road. 38. Burden Rd/Madison Ave Intersecon Improvements This project will install a traffic signal at the intersecon of Burden Rd and Madison Ave and include any necessary ADA improvements. 39. Court St Safety Improvements This project will reconfigure Court Street from Road 40 to Road 68 to three lanes, with one lane in each direcon and a center two-way-le-turn lane and provides designated bike lanes in each direcon, and pedestrian facility enhancements. Page 178 of 378 2026-2031 Transportaon Improvement Plan (TIP) Project Descripons 5 40. James St Improvements This project is intended to provide pavement preservaon/reconstrucon of E James Street. 41. Harris Rd/Crescent Rd Overpass This project will construct an overpass over I-182 to connect Harris Road and Crescent Road. This project will connect the communies north and south of I-182 and relieve some of the demand at Broadmoor Boulevard and the I-182 interchange. 42. Lewis Street Corridor Improvements (Phase 1) The project is intended to e the improvements made with the overpass project into those made under the Peanuts Park improvement project. This project will include ADA improvements, crosswalks, widened sidewalks, streetlights, re-striping and streetscape. NOTE: A revised scope is being considered to minimize impacts to businesses during construcon. 43. Lewis Street Corridor Improvements (Phase 2) This project will include ADA improvements, crosswalks, widened sidewalks, streetlights, re-striping and streetscape between 5th Ave and 10th Ave. NOTE: A revised scope is being considered to minimize impacts to businesses during construcon. 44. I-182/Broadmoor Blvd I/C Improvements – Westbound New mul-lane roundabout at the I-182 westbound ramp terminal at Broadmoor Blvd on the north side of I-182. 45. Court St Safety Improvements (Phase 2) (NEW) This project will reconfigure Court Street from Road 68 to Road 96 to provide designated bike lanes in each direcon, and pedestrian facility enhancements, as well as . 46. Annual Pavement Preservaon The City has implemented an annual Pavement Preservaon Program to assess and maintain quality streets within the City. The program includes crack seal, overlay, chip seal, etc. of city streets. 47. Ped/Bike Gap Program This program idenfies and closes gaps in the pedestrian and bicycle network to enhance connecvity and safety. Annually, locaons are selected with stakeholder and community input, priorizing areas based on traffic volumes, crash history, and proximity to schools, hospitals, transit, and essenal services. 48. Neighborhood Traffic Calming Program This program aims to enhance safety and livability in residenal areas by implemenng measures to reduce vehicle speeds and discourage cut-through traffic. This program includes the implementaon of traffic calming measures, such as: chicanes, islands, speed cushions, traffic circles, radar speed feedback signs, and other calming devices to create a safer and more pleasant environment for pedestrians, cyclists, and residents. Page 179 of 378 2026-2031 Transportaon Improvement Plan (TIP) Project Descripons 6 49. Comprehensive Safety Acon Plan (SS4A) Pasco’s Comprehensive Safety Acon Plan (CSAP) will help idenfy the updated 2024 problem areas through systemac data collecon, recommending innovave and appropriate countermeasures, and priorizing safety improvements that will benefit all users. The recommended soluons will aim to reduce the frequency and severity of crashes, with an emphasis in reducing fatalies and serious injuries. 50. Traffic Analysis for US 12 This project will consist of a traffic analysis for US 12 from the intersecons of A Street to Tank Farm Road/Sacajawea Park Road. This study will be completed in partnership with WSDOT in search of praccal soluons for safety improvements at these locaons. 51. Interchange Feasibility Study This study will evaluate the potenal for modifying exisng interchanges along I-182, in order to improve traffic flow and safety. It serves as a planning document, defining "purpose and need" and conducng traffic analysis to coordinate potenal soluons with DOT and FHWA. 52. Rd 68/Taylor Flats Rd Intersecon Study (NEW) This study will consist of a traffic and safety analysis for the intersecon of Road 68 and Taylor Flats Road. The intersecon has split ownership with Franklin County. 53. Sign Reflecvity Analysis & Implementaon The project will evaluate up to 500 stop signs that are near the end of their service life older than 12 years) and upgrade the retro-reflecvity as needed. The project will also include the evaluaon of the stop sign size and may increase stop signs from 30” to 36” signs. In addion, red reflecve strips will be added to the stop sign poles as warranted. Page 180 of 378 2026-2031 Transportaon Improvement Plan (TIP) Project Descripons 7 REMOVED PROJECTS 1. Burns Rd/Broadmoor Blvd Intersecon Improvements This project will install a traffic signal at the intersecon of Burns Road and Broadmoor Blvd. Sidewalks and any necessary ADA improvements will be included. 2. Sandifur Pkwy Extension This project will extend Sandifur Parkway from the vicinity of Road 103 to Road 108. Provisions for future traffic signals will be included at the intersecon of Sandifur and Road 105. A roundabout will be constructed at the intersecon of Sandifur Parkway and Road 108. 3. Sandifur Pkwy/Broadmoor Blvd Intersecon Improvements This project will improve the intersecon of Sandifur Parkway and Broadmoor Boulevard. Addionally, Broadmoor Blvd. widening will be included as part of this project extending north up to Burns Road. Provisions for a future traffic signal at Buckingham Dr are considered in this project. 4. Road 108 Extension This project will construct a 2-lanes road from Harris Road to Sandifur Parkway. 5. W 'A' St/6th Ave Pedestrian Crossing Install Rectangular Rapid Flashing Beacons, curb extensions, illuminaon, signing, pavement markings, and curb ramps. 6. Commercial Ave/Kartchner St Intersecon Improvements This project will install a traffic signal at the intersecon of Commercial Ave and Kartchner St at the locaon of the US 395 NB On/Off Ramps and include any necessary ADA improvements. 7. Citywide Injury Minimizaon & Speed Management Implementaon Conduct Citywide speed data collecon and study. Install speed limit signing and radar speed feedback signs. Page 181 of 378 Ro a d 4 4 E Hillsboro St Ro a d 8 4 W Pearl St E Lewis St R o a d 6 8 Ro a d 3 6 S 10Th Ave N 4 T h A v e EDockSt S Oregon Ave N O r e g o n A v e N 1 4 T h A v e N R a i l r o a d A v e I n d u s t r i a l W a y Harris Rd Pasco K a h l o t u s R d Burns Rd Ro a d 5 2 G l a d e N o r t h R d Ro a d 6 8 W C o u rt St N C a p i t o l A v e Burns Rd N 2 0 T h A v eWLewisSt W Court St W Wernett Rd N C o m m e rcia l A v e W Argent Rd Chapel Hill Blvd W Argent Rd W Court St EAinsworthAve Sandifur Pkwy W Sylvester St N 4 T h A v e E A St 50 52 1 9 25 18 5 4 1 11 242 3 12 43 40 31 9 26 8 4 33 35 21 6 28 6 3 6 37 16 34 39 30 45 3 2 15 29 7 24 13 38 27 20 23 44 10 22 1 1 Transportation Improvement Program (TIP) 2026-2031 Legend Project Type Ped Crossing Signal/Intersection Bike/Ped New Road Other Study Area Admin Boundary City Limits Pasco Urban Growth Boundary Date Saved: 6/12/2025 11:06 AM Pa g e 1 8 2 o f 3 7 8 VAC2026-001 Page 183 of 378 Resolution Setting PH for ROW Vacation (VAC2026-001) - 1 RESOLUTION NO. 4726 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON SETTING 7:00 PM, MAY 4, 2026, AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF HARRIS ROAD RIGHT-OF- WAY BETWEEN ROAD 103 AND BROADMOOR BOULEVARD, WITHIN THE BROADMOOR AREA. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City of Pasco, the City Council may vacate rights-of-way; and WHEREAS, a petition for the vacation of Harris Road right-of-way between Road 103 and Broadmoor Boulevard, within the Broadmoor Area has been initiated by the City Council pursuant to Pasco Municipal Code (PMC) 12.40.020 (1); and WHEREAS, the vacation process, by petition application, provided in the PMC Chapter 12.40 requires a survey, title report, an appraisal of value, and compensation unless waived by City Council; and WHEREAS, the City may waive the requirements for a survey pursuant to PMC Section 12.40.110 if the location and legal description of the street or alley proposed for vacation is sufficiently known to the City such that an accurate legal description can be determined with certainty without a survey; and WHEREAS, Harris Road between Road 103 and Broadmoor Boulevard, within the Broadmoor Area, is sufficiently known to the City such that a legal description is capable of being produced without the need for a survey; and WHEREAS, pursuant to PMC Section 12.40.120, compensation for vacated rights-of- way, an appraisal and title report may be waived if one or more of the following are applicable: the vacation is initiated by Council resolution; the vacation is at the request of the City; the right- of-way to be vacated was previously determined by Council not to be essential to public traffic circulation and is available for vacation; the grant of a substitute right-of-way has value as a right- of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community of the project requiring vacation outweighs the appraised value of the right-of-way to be vacated; and WHEREAS, the City staff is requesting that Council make a determination concerning whether to waive the requirements of a title report, appraisal of value, and compensation pursuant to PMC 12.40.120(2) after holding a public hearing; and WHEREAS, PMC Section 12.40.040 requires public hearings on vacations to be fixed by resolution, and to provide notice for such hearing which shall occur no later than sixty (60) days after, nor earlier than twenty (20) days after, the passage of this Resolution setting a public hearing. Page 184 of 378 Resolution Setting PH for ROW Vacation (VAC2026-001) - 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. Notice of Hearing. That a public hearing to consider vacating the following as depicted in the Vicinity Map attached hereto, will be held before City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington at the hour of 7:00 p.m., on the 4th day of May 2026. Section 2. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Section 3. That the City Council will decide whether to waive the requirements for an appraisal, title report, and compensation after the May 4, 2026, public hearing. Section 4. That this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this 6th day of April, 2026. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: Krystle Shanks Ogden Murphy Wallace, PLLC Deputy City Clerk City Attorney Page 185 of 378 Pa g e 1 8 6 o f 3 7 8 Pasco City Council May 4, 2026 Regular Meeting Pa g e 1 8 7 o f 3 7 8 Public Hearing & Ordinance for Right- of-Way Vacation of Harris Road- VAC2026-001 May 4,2026 Pasco City Council Pa g e 1 8 8 o f 3 7 8 01 Vicinity Map 02 PMC 12.40.070 Approval Criteria 03 Waiver Justification (PMC 12.40.120) 04 Project Timeline Pa g e 1 8 9 o f 3 7 8 Pa g e 1 9 0 o f 3 7 8 Pasco Municipal Code (12.40.070) Approval Criteria City Council Vacation Approval Criteria The City Council considers the following when reviewing a vacation petition: 1.Traffic CirculationThe vacation must not negatively impact traffic accessibility or circulation in the area or the City as a whole. 2.Future Public UseThe right-of-way must not be planned or needed for future public purposes. 3.Property AccessNo adjacent property should become landlocked or experience significantly reduced access as a result of the vacation. 4.Public InterestThe vacation must not harm public needs and should offer a public benefit or serve a public purpose. Pa g e 1 9 1 o f 3 7 8 Pasco Municipal Code Waiver Justification PMC 12.40.120 –Compensation, Appraisal, and Title Report Compensation, appraisal, and title report requirements may be waived, in whole or in part, when supported by equivalent public benefit. • The proposed vacation is part of a coordinated transportation approach involving the same ownership, where right-of-way has been dedicated for improvements along Road 108 and Sandifur Parkway. • The construction of Road 103 serves as substitute right -of-way, maintaining and enhancing connectivity between Harris Road and Sandifur Parkway. • This substitute infrastructure provides a direct and proportional public benefit that meets or exceeds the function and value of the area proposed for vacation. • Based on this equivalent or greater transportation utility, waiver of the appraisal, compensation, and title report requirements is justified. Pa g e 1 9 2 o f 3 7 8 PROJECT TIMELINE 1980 ROW Constructed/Agreements 1981 Annexation 2025 Resolution 4608 Six-Year TIP April 3, 2026 ROW Vacation Petition Submitted April 6, 2026 Resolution 4726 Tonight May 4, 2026 Public Hearing & Ordinance Record Ordinance/City Staff Coordination for Easement Reservation Pa g e 1 9 3 o f 3 7 8 Questions?Pa g e 1 9 4 o f 3 7 8 AGENDA REPORT FOR: City Council April 13, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 5/4/26 FROM: Haylie Matson, Community & Economic Development SUBJECT: Q Ordinance No. 4835 - Elite Investment Group, LLC Rezone from C-1 & R-4 to MU (Z2026-001) (5 minute staff presentation) I. ATTACHMENT(S): Ordinance Exhibit A Hearing Examiner Recommendation Exhibit B Proposed Zoning Map PowerPoint II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: zoning the amending 4835, No. adopt to move I Ordinance classification of certain real property located, north of Wrigley Dr., south of Sandifur Pkwy., west of Road 68 and east Road 76, in Pasco, Franklin County, Washington from C-1 (Retail Business) and R-4 (High Density Residential) to MU (Mixed Use) and, further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Background: On January 9, 2026, Elite Investment Group, LLC, with written authorization from Dennis Gisi and Terry & Karen Gilmore, submitted an application to rezone Parcel Numbers 116140050 and 116140049. The subject properties were annexed into the City in 1981 and were assigned the R-T (Residential Transition) zone. In 2003 both parcels were rezoned to C- 1 (Retail Business). In 2025, parcel number 116140050 was rezoned from C-1 to R-4 (High Density Residential). Both parcels are currently undeveloped and are bare ground. Page 195 of 378 Subsequent to the complete application and notice of public hearing, on March 11, 2026, the Hearing Examiner conducted a public hearing to receive public testimony and review the request to rezone the parcels from C-1 and R-4 to MU, as illustrated on the proposed zoning map in the PowerPoint (Exhibit B). In accordance with Pasco Municipal Code (PMC) Subsection 25.210.060(2), the Hearing Examiner recommended approval of the rezone on March 20, 2026, finding it consistent with the Comprehensive Plan, and forwarded the recommendation to the City Council for final consideration. No appeals of this recommendation have been received. Surrounding properties are zoned and developed as follows: North: C-1 Retail Business/Fire Station & Water tower East: C-1 Retail Business/ Medical Facilities & Commercial uses South: C-1 Retail Business/ Library, Medical Facilities, & Vacant land West: R-1 Low Density Residential/ Single Family Dwellings Impact (other than fiscal): The Pasco City Council has identified community safety as a key priority. The property in question has been vacant since 1981, making it susceptible to littering and unlawful dumping. Rezoning the property from C-1 and R-4 to MU would provide the owners with greater flexibility to develop the property into mixed commercial and residential development in response to opportunities and current market forces. V. DISCUSSION: Conclusion & Recommendation: Staff and the Hearing Examiner find that the requested rezoning is consistent with the Comprehensive Plan. The proposal supports orderly growth, aligns with long-term development objectives, and provides a framework for future mixed-use development while ensuring that any future projects will be reviewed for compliance and potential mitigation. Accordingly, both Staff and the Hearing Examiner recommend that the City Council approve the requested rezones through the associated Ordinance. Constraints (Time or other considerations): The city is required to issue a decision within 120 days from date of complete application in accord with Title 4 of the PMC. The applicant was issued a Notice of Complete Application on February 23, 2026. Although the statutory deadline has not yet arrived, staff respectfully recommends that the City Council proceed with a timely review and processing of the application to ensure orderly consideration and to serve the best interests of the community. Page 196 of 378 Staff Analysis & Hearing Examiner Findings: Following the conclusion of an open record hearing on the properties rezone petition, the Hearing Examiner shall issue findings and conclusions based on the record, pursuant to PMC Subsection 25.210.060(1)(a) through (e), applying the initial review criteria set forth in PMC Section 25.210.030. The findings and conclusions are as follows: (a) The proposal is in accord with the goals and policies of the Comprehensive Plan The Comprehensive Plan designates the site as Mixed Residential Commercial. The requested zoning is consistent with this designation and supports City of extension future development, promoting policies the infrastructure, and potential mixed-use growth. (b) The effect of the proposal on the immediate vicinity will be materially detrimental The proposed zoning is compatible with the Comprehensive Plan. Existing development patterns meet the minimum qualifications of their respective residential and commercial zones. Future development will be required to comply with City regulations for buffering, traffic, and setbacks, ensuring that potential impacts are minimized. (c) There is merit and value in the proposal for the community as a whole Applying zoning consistent with the Comprehensive Plan creates opportunities for housing development, commercial development, supports the efficient extension of infrastructure, and promotes balanced growth. The proposal advances the City’s long-term goals. (d) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal No conditions are necessary as part of this rezone request. The application, as well as any future development, will be subject to the applicable provisions of the PMC and the City of Pasco Design and Construction Standards. (e) A concomitant agreement should be entered into between the City and the petitioner, and, if so, the terms and condition of such an agreement A concomitant agreement is not necessary for this proposal. The requested rezoning complies with all applicable City standards and requirements without the need for additional terms or conditions beyond those already provided in the PMC and adopted development regulations. Next Steps: If the Ordinance is adopted, the City Clerk’s Office will record it with the Page 197 of 378 Franklin County Auditor, and staff will issue a Notice of Decision to all affected parties. Alternatives: In accordance with PMC Section 25.210.080, if the City Council determines by majority vote that further review is warranted, a closed record hearing is required, and at least 14 days’ notice shall be given prior to the hearing. At the conclusion of the hearing, the Council may approve the reclassification with or without modifications, enter into a concomitant agreement with the petitioner, or deny the reclassification. The Council may adopt the Hearing Examiner’s findings and conclusions or formulate alternative findings to support its decision to approve, modify, or deny the application. Page 198 of 378 Ordinance Rezone Z2026-001- 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED NORTH OF WRIGLEY DR., SOUTH OF SANDIFUR PKWY., WEST OF ROAD 68, AND ROAD 76, IN PASCO, FRANKLIN COUNTY, WASHINGTON FROM C-1 (RETAIL BUSINESS) & R-4 (HIGH DENSITY RESIDENTIAL) TO MU (MIXED USE), PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Elite Investment Group LLC, the petitioner, on behalf of Dennis Gisi and Terry & Karen Gilmore, seeks to rezone Parcel Nos. 116140049 and 1161400050, which are currently unaddressed, Pasco, Washington; and WHEREAS, a complete and adequate petition for change of zoning classification meeting the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City of Pasco (City) and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on April 27, 2026; and WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and value in the proposal for the community as a whole; (d) any impacts of the rezone application and anticipated development will be mitigated by the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant agreement is not required under these circumstances; and (f) the proposal is consistent with and satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to approve the rezone, which findings and recommendation are hereby adopted by the City Council, and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A. Page 199 of 378 Ordinance Rezone Z2026-001- 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from C-1 (RETAIL BUSINESS) & R-4 (HIGH DENSITY RESIDENTIAL) to MU (MIXED USE) for the real property as shown in the Exhibit B attached hereto and described as follows: LOTS 2,3 BINDING SITE PLAN 2019-03 SITUATE IN THE COUNTY OF FRANKLIN, STATE OF WASHINGTON. . Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 4. Effective Date. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Page 200 of 378 Ordinance Rezone Z2026-001- 3 PASSED by the City Council of the City of Pasco, Washington this ___ day of _____, 202_. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks Ogden Murphy Wallace, PLLC Deputy City Clerk City Attorney Published: _____________________________ Page 201 of 378 CI T Y OF PA S C O LA N D US E HE A R I N G EX A M I N E R IN TH E MA T T E R OF ) RE C O I V I M E N D E D FI N D I N G S OF ) FA C T , RE C O M M E N D E D Z2 0 2 6 - 0 0 1 ) CO N C L U S I O N S OF LA W , AN D El i t e In v e s t m e n t Gr o u p LL C C- 1 an d R4 to ) RE C O M M E N D E D DE C I S I O N MU TH I S MA T T E R ha v i n g co m e on fo r he a r i n g in ?o n t of th e Ci t y of Pa s c o He a r i n g Ex a m i n e r on Ma r c h 11, 20 2 6 , th e He a r i n g Ex a m i n e r ha v i n g ta k e n ev i d e n c e he r e b y su b m i t s th e fo l l o w i n g Re c o m m e n d e d Fi n d i n g s of Fa c t , Re c o m m e n d e d Co n c l u s i o n s of La w , an d Re c o m m e n d e d De c i s i o n as fo l l o w s : I. RE C O M N I E N D E D FI N D I N G S OF FA C T 1. Ap p l i c a n t : El i t e In v e s t m e n t Gr o u p , LL C , C/ o Tr i n i Ga r i b a y , 58 0 4 Ro a d 90 , Su i t e A, Pa s c o , WA 99 3 0 1 ; 2. Pr o p o n e n t s : 2. ] . De n n i s Gi s i , 51 0 9 N Rd 68 St e E, Pa s c o , WA 99 3 0 1 2. 2 . Te r r y & Ka r e n Gi l m o r e , 21 0 1 N Co l u m b i a Ri v e r Rd , Pa s c o , WA 99 3 0 1 3. Re q u e s t : Re z o n e fr o m C- l (R e t a i l Bu s i n e s s ) an d R4 (H i g h De n s i t y Re s i d e n t i a l ) to Mi x e d — U s e . 4. Ti m e l i n e : Ja n u g y 9, 20 2 6 Ap ? c a t i o n Su b m i t t e d . ”1 Fe b r u a r y 23 , 20 2 6 _ _ Ap p l i c a t i o n De e m e d Co m p l e t e . Fe b r u a r y 25 , 20 2 6 Ap p l i c a t i o n No t i c e d fo r Pu b l i c He a r i n g to Pr o p e r t y Ow n e r s wi t h i n 30 0 fe e t . Fe b r u a r y 25 , 20 2 6 Ap p l i c a t i o n No t i c e d fo r Pu b l i c He a r i n g to th e Tr i - C i t y He r a l d . Ma r c h 5, 20 2 6 Pu b l i c He a r i n g St a f f Re p _ o r t Pu b l i s h e d 5. PR O P E R T Y DE S C R I P T I O N : 5. 1 . Pa r c e l No . : 11 6 1 4 0 0 4 9 (C - l to Mi x e d - U s e ) 5. 1 . 1 . L e g a l : LO T 2, BI N D I N G SI T E PL A N 20 1 9 ~ 0 3 5. 1 . 2 . P r o p e r t y Si z e : Ap p r o x i m a t e l y 2. 2 0 Ac r e s (9 5 , 7 7 5 sq u a r e fe e t ) 5. 2 . Pa r c e l No . : 11 6 1 4 0 0 5 0 (R - 4 to Mi x e d - U s e ) 5. 2 . 1 . L e g a l : LO T 3, BI N D I N G SI T E PL A N 20 1 9 - 0 3 5. 2 . 2 . P r o p e r t y Si z e : Ap p r o x i m a t e l y 2. 4 9 Ac r e s (1 0 8 , 5 3 9 sq u a r e fe e t ) Wr i g l e y Dr . , we s t of Ro a d 68 , so u t h of Sa n d i f u r Pk w y , an d ea s t of Ro a d 76 . 5. 4 . To t a l Pr o p e r t y Si z e : 4. 4 9 ac r e s 6. Ac c e s s : Th e si t e s wi l l ha v e ac c e s s fr o m Wr i g l e y Dr . an d Ro a d 76 . ZD 2 0 2 5 - 0 0 2 El i t e In v e s t m e n t Gr o u p LL C C- 1 an d R4 to MU Pa g e 1 of 6 Page 202 of 378 10 . 11 . 12 . 13 . Ut i l i t i e s : Mu n i c i p a l wa t e r is av a i l a b l e in Wr i g l e y Dr . an d Ro a d 76 , an d se w e r is av a i l a b l e in Wr i g l e y Dr . LA N D US E AN D ZO N I N G : 8. 1 . Th e su b j e c t pr o p e r t i e s ar e cu r r e n t l y zo n e d C- 1 an d R— 4 . Th e ap p l i c a n t is re q u e s t i n g to re z o n e bo t h pa r c e l s to Mi x e d Us e . Bo t h pa r c e l s ar e cu r r e n t l y un d e v e l o p e d . 8. 2 . Su r r o u n d i n g pr o p e r t i e s ar e zo n e d an d de v e l o p e d as fo l l o w s : Re t a i l Bu s i n e s s ; Fi r e St a t i o n / Wa t e r To w e r Re t a i l Bu s i n e s s ; Me d i c a l fa c i l i t i e s / Re s t a u r a n t ! Co m m e r c i a l —_ Re t a i l Bu s i n e s s ; Un d e v e l o E d / Me d i c a l fa c i l i t i e s / Li b . 0- 1 We s t : R— l Lo w De n s i g Re s i d e n t i a l ; Si n . s CO M P R E H E N S I V E PL A N : 9. 1 . Th e Ci t y ’ s Co m p r e h e n s i v e Pl a n de s i g n a t e s th e su b j e c t pr o p e r t y as Mi x e d Re s i d e n t i a l / C o n u n e r c i a l . Th i s de s i g n a t i o n al l o w s fo r a mi x of ho u s i n g ty p e s , no n r e s i d e n t i a l an d co m m e r c i a l us e s , ne i g h b o r h o o d re t a i l an d of ? c e us e s , pa r k s an d re c r e a t i o n ar e a s , an d ci v i c us e s at a de n s i t y of 5 to 29 dw e l l i n g un i t s pe r ac r e , co n s i s t e n t wi t h Pa s c o Mu n i c i p a l Co d e (P M C ) Ta b l e 25 . 2 1 5 . 0 1 5 . 9. 2 . Zo n i n g di s t r i c t s im p l e m e n t i n g th i s la n d us e de s i g n a t i o n in c l u d e R- l (L o w De n s i t y Re s i d e n t i a l ) , R— 2 (M e d i u m De n s i t y Re s i d e n t i a l ) , R— 3 , R- 4 , C- 1 , 0 (O ? i c e ) , an d Mi x e d Us e (f o r m e r l y kn o w n as “W a t e r l ‘ r o n t ” ) . En v i r o n m e n t a l De t e r m i n a t i o n : Th e Ci t y ha s de t e r m i n e d th i s pr o p o s a l to be ex e m p t un d e r Wa s h i n g t o n Ad m i n i s t r a t i v e Co d e 19 7 - 1 1 - 8 0 0 (6 ) La n d us e de c i s i o n s . Th a t de t e r m i n a t i o n ha s no t be e n ch a l l e n g e d an d is no t re v i e w e d in th i s pr o c e e d i n g . Ap p l i c a n t ’ s St a t e d In t e n t : 11. 1 . El i t e In v e s t m e n t Gr o u p LL C , on be h a l f of th e la n d o w n e r s , is re q u e s t i n g ap p r o v a l to re z o n e Pa r c e l No s . 11 6 1 4 0 0 4 9 (f r o m 01 to Mi x e d Us e ) an d 11 6 1 4 0 0 5 0 (f r o m R— 4 to Mi x e d Us e ) , to t a l i n g ap p r o x i m a t e l y 4. 4 9 ac r e s . 1 1. 2 . Wh i l e th e ex i s t i n g zo n i n g cl a s s i ? c a t i o n s ar e co n s i s t e n t wi t h th e Ci t y ’ s Co m p r e h e n s i v e Pl a n de s i g n a t i o n , th e ap p l i c a n t is re q u e s t i n g th e Mi x e d Us e di s t r i c t to al l o w gr e a t e r ?e x i b i l i t y in si t e de s i g n an d pe r m i t t e d us e s . Th e Mi x e d Us e zo n i n g di s t r i c t ma y re d u c e ce r t a i n de v e l o p m e n t co n s t r a i n t s th a t co u l d ot h e r w i s e ap p l y un d e r th e cu r r e n t zo n i n g de s i g n a t i o n s . 11 . 3 . Th e ev e n t u a l de v e l o p m e n t pr o p o s a l is li k e l y to in c l u d e no t on l y hi g h e r de n s i t y re s i d e n t i a l us e s bu t al s o co m m e r c i a l us e s . Th e in t e n t is to de v e l o p bo t h pa r c e l s as on e mi x e d us e co n t i g u o u s si t e . Hi s t o r y : 12 . 1 . In 19 8 1 , th e su b j e c t pr o p e r t i e s we r e an n e x e d in t o th e Ci t y un d e r Or d i n a n c e No . 23 8 8 an d as s i g n e d R- T (R e s i d e n t i a l Tr a n s i t i o n ) zo n i n g pu r s u a n t to Re s o l u t i o n No . 13 9 6 . 12 . 3 . In 20 2 5 , Or d i n a n c e No . 47 5 2 re z o n e d Pa r c e l No . 11 6 1 4 0 0 5 0 fr o m C- 1 to R- 4 . 12 . 4 . Th e Si t e is un d e v e l o p e d an d is cu r r e n t l y ba r e gr o u n d . Zo n i n g Pe t i t i o n Re q u i r e m e n t s : PM C 25 . 2 1 0 . 0 3 0 se t s fo r t h th e re q u i r e d co n t e n t s of a zo n e ch a n g e pe t i t i o n . Th e pe t i t i o n re c e i v e d in th i s ca s e ap p e a r s to be a ?l l a b l e fo r m fu m i s h e d to th e ap p l i c a n t by ZD 2 0 2 5 - 0 0 2 El i t e In v e s t m e n t Gr o u p LL C C~ 1 an d R4 to MU Pa g e 2 of 6 Page 203 of 378 Ci t y , th e co n t e n t s of wh i c h ar e si m i l a r bu t do no t ex a c t l y fo l l o w PM C 25 . 2 1 0 . 0 3 0 . Th e st a f f re p o r t , ho w e v e r , pr o v i d e s am p l e su p p l e m e n t a t i o n to th e co n t e n t s of th e pe t i t i o n an d ad d r e s s e s al l th e re q u i r e m e n t s of PM C 25 . 2 1 0 . 0 3 0 : 13 . 1 . Th e da t e th e ex i s t i n g zo n e be c a m e ef f e c t i v e : 13 . 1 . 1 . Pa r c e l No . 11 6 1 4 0 0 4 9 wa s as s i g n e d it s cu r r e n t zo n i n g de s i g n a t i o n in 20 0 3 . Pa r c e l No . 11 6 1 4 0 0 5 0 wa s as s i g n e d it s cu r r e n t zo n i n g de s i g n a t i o n on Ja n u a r y 12 , 20 2 5 . 13 . 2 . Th e ch a n g e d co n d i t i o n s , wh i c h ar e al l e g e d to wa r r a n t ot h e r or ad d i t i o n a l zo n i n g : 13 . 2 . 1 . Si n c e th e 20 0 3 zo n i n g de s i g n a t i o n wa s es t a b l i s h e d , th e su r r o u n d i n g ar e a ha s tr a n s i t i o n e d fr o m lo w a e n s i t y re s i d e n t i a l de v e l o p m e n t an d va c a n t ?e l d s to a mo r e ur b a n co m m e r c i a l en v i r o n m e n t , co n s i s t i n g of th e de v e l o p m e n t of co m m e r c i a l an d me d i c a l fa c i l i t i e s on ad j a c e n t pa r c e l s to th e ea s t , an d so u t h as we l l as mu n i c i p a l de v e l o p m e n t of a ?r e st a t i o n to th e no r t h . Th i s ev o l u t i o n in la n d us e pa t t e r n s re p r e s e n t s a ma t e r i a l ch a n g e in ci r c u m s t a n c e s . 13 .2 2 . Ad d i t i o n a l l y , th e ad v e n t of a un i q u e mi x e d - u s e de v e l o p m e n t co n c e p t th a t ta k e s ad v a n t a g e of th e ex i s t i n g de v e l o p m e n t pa t t e r n s , re q u i r e s an ad j u s t m e n t of th e zo n i n g de s i g n a t i o n s in or d e r fo r it to su c c e s s f u l l y mo v e fr o m co n c e p t to re a l i t y . 13 . 2 . 3 . Th e pr o p e r t y pr o p o s e d fo r th e re z o n e is lo c a t e d be t w e e n th r e e ro a d w a y s cl a s s i ? e d in th e Ci t y of Pa s c o Tr a n s p o r t a t i o n Sy s t e m s Ma s t e r Pl a n . Wr i g l e y Dr : to th e so u t h is cl a s s i ? e d as a ne i g h b o r h o o d co l l e c t o r ; Sa n d i ? t r Pk w y . to th e no r t h is cl a s s z ? e d as a ma j o r co l l e c t o r ; an d Ro a d 68 to th e ea s t is cl a s s i ? e d as a mi n o r ar t e r i a l . As su c h , a mi x e d - u s e de v e l o p m e n t co n c e p t is id e a l gi v e n th e ex i s t i n g tr a n s p o r t a t i o n sy s t e m ca p a c i t y . 13 . 3 . Fa c t s to ju s t i f y th e ch a n g e on th e ba s i s of ad v a n c i n g th e pu b l i c he a l t h , sa f e t y an d ge n e r a l we l f a r e : 13 . 3 . 1 . Th e pr o p o s e d re z o n e ad v a n c e s th e pu b l i c he a l t h , sa f e t y , an d ge n e r a l we l f a r e by im p l e m e n t i n g th e Ci t y Is Co m p r e h e n s i v e Pl a n po l i c i e s fo r co o r d i n a t e d gr o w t h an d mi x e d - u s e de v e l o p m e n t . Th e Ci t y of Pa s c o is re q u i r e d un d e r st a t e la w to pl a n fo r an d ac c o m m o d a t e si g n i f i c a n t po p u l a t i o n gr o w t h . Th i s re z o n e su p p o r t s th a t re q u i r e m e n t by al l o w i n g a mi x of re s i d e n t i a l an d co m m e r c i a l us e s th a t pr o m o t e ho u s i n g di v e r s i t y , ec o n o m i c vi t a l i t y , an d e? i c i e n t la n d us e pa t t e r n s . 13 . 3 . 2 . By en c o u r a g i n g in t e g r a t e d de v e l o p m e n t , th e lo c a t i o n of th e re z o n e d pa r c e l s wo u l d o? e r wa l k a b l e ac c e s s to co m m e r c i a l an d me d i c a l se r v i c e s , be n e ? t i n g an y fu t u r e de v e l o p m e n t of th e pr o p e r t y . Ov e r a l l , th e re z o n e fu r t h e r s or d e r l y gr o w t h co n s i s t e n t wi t h th e Ci t y f s ad o p t e d vi s i o n an d lo n g - t e r m pl a n n i n g ob j e c t i v e s . 13 . 4 . Th e ef f e c t it wi l l ha v e on th e va l u e an d ch a r a c t e r of th e ad j a c e n t pr o p e r t y an d th e Co m p r e h e n s i v e Pl a n : 13 . 4 . 1 . Th e pr o p o s e d re z o n e of on e re s i d e n t i a l l y zo n e d lo t an d on e co m m e r c i a l l y zo n e d lo t to a mi x e d - u s e de s i g n a t i o n is no t an t i c i p a t e d to ad v e r s e l y im p a c t th e va l u e or ch a r a c t e r of ad j a c e n t pr o p e r t i e s . Th e mi x e d - u s e zo n e al l o w s co n t i n u e d re s i d e n t i a l us e wh i l e ma i n t a i n i n g 13 . 4 . 2 . As su c h , th e re z o n e is co n s i s t e n t wi t h th e Co m p r e h e n s i v e Pl a n an d is no t ex p e c t e d to ne g a t i v e l y a? e c t ad j a c e n t pr o p e r t y va l u e s or ne i g h b o r h o o d ch a r a c t e r : 13 . 5 . Th e ef f e c t on th e pr o p e r t y ow n e r or ow n e r s if th e re q u e s t is no t gr a n t e d : ZD 2 0 2 5 - 0 0 2 El i t e In v e s t m e n t Gr o u p LL C C- 1 an d R- 4 to MU Pa g e 3 of 6 Page 204 of 378 14 . 15 . 16 . 17 . 18 . 19 . 20 . 13 . 5 . 1 . If th e re z o n e re q u e s t is de n i e d , th e su b j e c t pr o p e r t y wo u l d re m a i n li m i t e d to de v e l o p m e n t un d e r th e ex i s t i n g zo n i n g cl a s s i ? c a t i o n s . Th e re s i d e n t i a l l y zo n e d po r t i o n wo u l d be re s t r i c t e d to re s i d e n t i a l de v e l o p m e n t , wh i l e th e co m m e r c i a l l y zo n e d po r t i o n co u l d pu r s u e mi x e d - u s e de v e l o p m e n t th r o u g h th e sp e c i a l pe r m i t pr o c e s s , su b j e c t to ad d i t i o n a l re v i e w cr i t e r i a . Th i s wo u l d re d u c e de v e l o p m e n t ?e x i b i l i t y an d ma y li m i t th e la n d ow n e r .’ s ab i l i t y to de v e l o p th e si t e in a co n t i g u o u s , co h e s i v e an d ec o n o m i c a l l y vi a b l e ma n n e r : De n i a l wo u l d ha m p e r th e pr o p e r t y 19 de v e l o p m e n t po t e n t i a l wh e n co m p a r e d to th e pr o p o s e d mi x e d - u s e de s i g n a t i o n . 13 . 6 . Th e Co m p r e h e n s i v e Pl a n la n d us e de s i g n a t i o n fo r th e pr o p e r t y : 13 . 6 . 1 . Th e Ci t y of Pa s c o Co m p r e h e n s i v e Pl a n de s i g n a t e s th e si t e s as Mi x e d Re s i d e n t i a l / C o m m e r c i a l . Th e pr o p o s e d Mi x e d - U s e zo n i n g de s i g n a t i o n is pe r m i t t e d in ac c o r d a n c e wi t h PM C 25 . 2 1 5 . 01 5 . 13 . 7 . Su c h ot h e r in f o r m a t i o n as th e He a r i n g Ex a m i n e r re q u i r e s : 13 . 7 . 1 . Th e pr o p o s e d re z o n e is co n s i s t e n t wi t h an d im p l e m e n t s th e Co m p r e h e n s i v e Pl a n by al i g n i n g th e zo n i n g cl a s s i ? c a t i o n wi t h th e Ci t y s lo n g - r a n g e gr o w t h po l i c i e s . Th e pr o p o s a l al i g n s wi t h th e Ci t y s ho u s i n g ca p a c i t y an d ec o n o m i c vi t a l i t y ob j e c t i v e s an d in t r o d u c e s ?e x i b i l i t y to th e si t e to pr o m o t e de v e l o p m e n t . 13 . 7 . 2 . Th e re z o n e sa t i s ? e s th e re q u i r e m e n t s of Wa s h i n g t o n s Gr o w t h Ma n a g e m e n t Ac t by ma i n t a i n i n g co n s i s t e n c y be t w e e n th e Ci t y s Co m p r e h e n s i v e Pl a n an d zo n i n g di s t r i c t s . Pu r s u a n t to PM C 25 . 2 1 0 . 0 4 0 , Pu b l i c no t i c e fo r th i s he a r i n g wa s ma i l e d to pr o p e r t y ow n e r s wi t h i n 30 0 fe e t of th e bo u n d a r i e s of th e pr o p o s a l on Fe b r u a r y 25 , 20 2 6 , in co m p l i a n c e wi t h th i s re q u i r e m e n t . Pu r s u a n t to PM C 25 . 2 1 0 . 0 4 0 , Pu b l i c no t i c e fo r th i s he a r i n g wa s pu b l i s h e d in th e Tr i - C i t y He r a l d on Fe b r u a r y 25 , 20 2 6 , in co m p l i a n c e wi t h th i s re q u i r e m e n t . An op e n re c o r d pu b l i c he a r i n g wa s he l d , af t e r le g a l no t i c e , on Ma r c h 11 , 20 2 6 . Ap p e a r i n g an d te s t i f y i n g on be h a l f of th e Ap p l i c a n t wa s Ru s s e l l Ga u l , 40 0 Co l u m b i a Po i n t Dr . St e . 10 1 8 , Ri c h l a n d , Wa s h i n g t o n . Mr . Ga u l te s t i ? e d th a t he ha d re v i e w e d th e st a f f re p o r t pr i o r to th e he a r i n g ; be ag r e e d wi t h th e fa c t u a l re p r e s e n t a t i o n s th e r e i n . No me m b e r s of th e pu b l i c ap p e a r e d to te s t i f y fo r or ag a i n s t th e pr o p o s a l . Th e fo l l o w i n g ex h i b i t s we r e ad m i t t e d in t o th e re c o r d : 19 . 1 . Ex . A Ma p s 19 . 2 . Ex . B Ap p l i c a t i o n 19 . 3 . Ex . C Pu b l i c No t i c e 19 . 4 . Ex . D St a f f Re p o r t PM C 25 . 2 1 0 . 0 6 0 FI N D I N G S : 20 . 1 . Th e pr o p o s a l is in ac c o r d wi t h th e go a l s an d po l i c i e s of th e Co m p r e h e n s i v e Pl a n . Re s i d e n t i a l / C o m m e r c i a l . Th e pr o p o s e d mi x e d - u s e re z o n e is co n s i s t e n t wi t h th i s La n d Us e Ma p de s i g n a t i o n an d Co m p r e h e n s i v e Pl a n Go a l LU - S Ma i n t a i n a br o a d ra n g e of re s i d e n t i a l la n d us e de s i g n a t i o n s to ac c o m m o d a t e a va r i e t y of li f e s t y l e s an d ho u s i n g op p o r t u n i t i e s . 20 . 1 . 2 . Th e pr o p o s a l su p p o r t s Po l i c y LU - 4 - B , en c o u r a g i n g in ? l l an d hi g h e r de n s i t y us e s wi t h i n pr o x i m i t y to ma j o r tr a v e l co n i d o r s an d pu b l i c tr a n s p o r t a t i o n se r v i c e ar e a s . ZD 2 0 2 5 - 0 0 2 El i t e In v e s t m e n t Gr o u p LL C C- 1 an d R4 to MU Pa g e 4 of 6 Page 205 of 378 20 . 1 . 3 . Th e pr o p o s a l su p p o r t s Po l i c y LU — 4 — C , en c o u r a g i n g th e de v e l o p m e n t of wa l k a b l e co m m u n i t i e s by in c r e a s i n g mi x e d - u s e (c o m m e r c i a l / r e s i d e n t i a l ) de v e l o p m e n t s th a t pr o v i d e ho u s e h o l d s wi t h ne i g h b o r h o o d an d co m m e r c i a l sh o p p i n g op p o r t u n i t i e s . 20 . 1 . 4 . Th e pr o p o s a l su p p o r t s Po l i c y LU - 4 - D , de s i g n a t i n g ar e a s fo r hi g h e r de n s i t y re s i d e n t i a l de v e l o p m e n t s wh e r e ut i l i t i e s an d tr a n s p o r t a t i o n fa c i l i t i e s en a b l e ef ? c i e n t us e of ca p i t a l re s o u r c e s . 20 . 1 . 5 . Th e pr o p o s a l su p p o r t s Po l i c y LU — 6 - A , en c o u r a g i n g co m m e r c i a l an d hi g h e r - d e n s i t y re s i d e n t i a l us e s al o n g ma j o r co r r i d o r s an d le v e r a g e in f r a s t r u c t u r e av a i l a b i l i t y . 20 . 2 . Th e ef f e c t of th e pr o p o s a l on th e im m e d i a t e vi c i n i t y wi l l no t be ma t e r i a l l y de t r i m e n t a l . 20 . 2 . 1 . Th e pa r c e l s ar e lo c a t e d in an ar e a wh e r e re s i d e n t i a l an d co m m e r c i a l us e s al r e a d y ex i s t in pr o x i m i t y to ea c h ot h e r , di v i d e d by a lo c a l ac c e s s ro a d . Th e mi x e d - u s e de s i g n a t i o n al l o w s fo r gr e a t e r re s i d e n t i a l de v e l o p m e n t on th e si t e wh i l e pe r m i t t i n g li m i t e d co m m e r c i a l ac t i v i t y co n s i s t e n t wi t h su r r o u n d i n g de v e l o p m e n t pa t t e r n s . 20 . 2 . 2 . As a tr a n s i t i o n a l ar e a be t w e e n re s i d e n t i a l an d co m m e r c i a l di s t r i c t s , th e mi x e d - u s e zo n e pr o v i d e s sp a c e fo r co m p a t i b l e , in t e g r a t e d us e s th a t re d u c e th e sh a r p se p a r a t i o n be t w e e n th e tw o . It s ra n g e of pe r m i t t e d us e s an d de v e l o p m e n t st a n d a r d s ar e de s i g n e d to le s s e n im p a c t s re l a t e d to bu i l d i n g sc a l e , ac t i v i t y in t e n s i t y , tr a ? i c , an d si t e de s i g n . 20 . 2 . 3 . Gi v e n th e le v e l s of de v e l o p m e n t on su r r o u n d i n g pr o p e r t i e s an d th e re g u l a t o r y co n t r o l s th a t ap p l y to mi x e d - u s e de v e l o p m e n t , th e pr o p o s a l is no t an t i c i p a t e d to ad v e r s e l y af f e c t th e va l u e , us e , or ch a r a c t e r of ad j a c e n t pr o p e r t i e s . Th e r e f o r e , th e re z o n e wo u l d no t re s u l t in a ma t e r i a l l y de t r i m e n t a l ef f e c t on th e im m e d i a t e vi c i n i t y . 20 . 3 . Th e r e is me r i t an d va l u e in th e pr o p o s a l fo r th e co m m u n i t y as a wh o l e . 20 . 3 . 1 . Th e pr o p o s e d re z o n e im p l e m e n t s th e Co m p r e h e n s i v e Pl a n ’ s Mi x e d Re s i d e n t i a l / Co m m e r c i a l de s i g n a t i o n . . 20 . 3 . 2 . Th e pr o p o s a l su p p o r t s a mo r e ef ? c i e n t an d in t e g r a t e d la n d us e pa t t e r n , by al l o w i n g op p o r t u n i t i e s fo r re s i d e n t i a l an d co m m e r c i a l de v e l o p m e n t wi t h i n th e sa m e ar e a . By en c o u r a g i n g mi x e d ~ u s e de v e l o p m e n t , th e re z o n e ad v a n c e s ho u s i n g av a i l a b i l i t y , pr o m o t e s ec o n o m i c ac t i v i t y , an d su p p o r t s wa l k a b l e ac c e s s to su r r o u n d i n g se r v i c e s . 20 . 4 . No co n d i t i o n s sh o u l d be im p o s e d fo r th e mi t i g a t i o n of si g n i ? c a n t ad v e r s e im p a c t s fr o m th e pr o p o s a l . 20 . 4 . 1 . No co n d i t i o n s ar e ne c e s s a r y at th e re z o n e st a g e . Th e pr o p o s e d zo n i n g cl a s s i ? c a t i o n es t a b l i s h e s a re g u l a t o r y fr a m e w o r k bu t do e s no t au t h o r i z e sp e c i ? c de v e l o p m e n t . An y fu t u r e de v e l o p m e n t of th e si t e s wi l l be su b j e c t to th e ap p l i c a b l e pr o v i s i o n s of th e Pa s c o Mu n i c i p a l Co d e an d th e Ci t y of Pa s c o De s i g n an d Co n s t r u c t i o n St a n d a r d s . 20 . 5 . No co n c o m i t a n t ag r e e m e n t sh o u l d be en t e r e d be t w e e n th e Ci t y an d th e pe t i t i o n e r . 20 . 5 . 1 . A co n c o m i t a n t ag r e e m e n t is no t ne c e s s a r y fo r th i s pr o p o s a l . Th e re q u e s t e d re z o n i n g re g u l a t i o n s ar e wa r r a n t e d . Ac c o r d i n g l y , no fu r t h e r co m m i t m e n t s or ag r e e m e n t s ar e re q u i r e d . 21 . Th e Ci t y of Pa s c o He a r i n g Ex a m i n e r co n s i d e r e d al l ev i d e n c e wi t h i n th e re c o r d in re n d e r i n g th i s de c i s i o n . ZD 2 0 2 5 — 0 0 2 El i t e In v e s t m e n t Gr o u p LL C C- 1 an d R— 4 to MU Pa g e 5 of 6 Page 206 of 378 22 . An y Co n c l u s i o n of La w th a t is mo r e co r r e c t l y a Fi n d i n g of Fa c t is he r e b y in c o r p o r a t e d as su c h by th i s re f e r e n c e . II . RE C O M I V I E N D E D CO N C L U S I O N S OF LA W 1. Th e He a r i n g Ex a m i n e r ha s be e n gr a n t e d th e au t h o r i t y to re n d e r a re c o m m e n d a t i o n to ap p r o v e , ap p r o v e wi t h mo d i ? c a t i o n s an d / o r co n d i t i o n s , or re j e c t th e pe t i t i o n ba s e d on it s ?n d i n g s an d co n c l u s i o n s . PM C 25 . 2 1 0 . 0 6 0 ( 2 ) . 2. Th i s re c o m m e n d a t i o n sh a l l be fo r w a r d e d to th e Ci t y Co u n c i l at a re g u l a r bu s i n e s s me e t i n g th e r e o f . PM C 25 . 2 1 0 . 0 6 0 ( 2 ) . 3. Th e pr o p o s e d zo n e ch a n g e is co n s i s t e n t wi t h th e Pa s c o Co m p r e h e n s i v e Pl a n an d Pa s c o Mu n i c i p a l Co d e . 4. An y Fi n d i n g of Fa c t th a t is mo r e co r r e c t l y a Co n c l u s i o n of La w is he r e b y in c o r p o r a t e d as su c h by th i s re f e r e n c e . II I . RE C O M M E N D E D DE C I S I O N Ba s e d on th e ab o v e Fi n d i n g s of Fa c t an d Co n c l u s i o n s of La w , Z 20 2 6 - 0 0 1 is he r e b y re c o m m e n d e d fo r AP P R O V A L . Da t e d th i s 20 da y of M a r c h , 20 2 6 CI T Y OF PA S C O HE A R I N G EX A M I N E R , PR O TE M J D. Ey e s t o n e Th i s re c o m m e n d a t i o n is su b j e c t to a ti m e l y ?l e d ap p e a l pu r s u a n t to PM C 25 21 0 . 0 7 0 ZD 2 0 2 5 - 0 0 2 El i t e In v e s t m e n t Gr o u p LL C 01 an d R— 4 to MU Pa g e 6 of 6 Page 207 of 378 Proposed Zoning Map 4rer2n25.s<715AM 13396 W W lmmmw mm m ‘k ».'Um."Wm,WM H‘,_,_,"_,_Z’_r_r._,_L"" o w M,m "—l ummmn NW1) D ‘w ”m L ,R-‘m‘Euw-ss [mm a 2 Maw":new Rnw'um‘o‘y-c‘-wr mmmmw mm Pa g e 2 0 8 o f 3 7 8 Pasco City Council May 4, 2026 Regular Workshop Pa g e 2 0 9 o f 3 7 8 Introduction of Ordinance-Elite Investment LLC C-1 & R-4 to MU Rezone-Z 2026-001 May 4, 2026 Pasco City Council Pa g e 2 1 0 o f 3 7 8 Rezone -PMC Requirements for zoning petition (PMC 25.210.030): •A rezone petition must identify when the current zoning took effect, explain the changed conditions and justification for the request, address impacts on adjacent properties and the Comprehensive Plan, note the property’s Comprehensive Plan designation, state the effect on the owner if denied, and include any additional information required by the Hearing Examiner. Hearing Examiner –Findings and recommendations (PMC 25.210.060): •After an open record hearing on a rezone petition, the Hearing Examiner must issue findings and conclusions addressing whether the proposal aligns with the Comprehensive Plan, avoids material detriment to the vicinity, provides community benefit, requires conditions to mitigate impacts, and/or necessitates a concomitant agreement with the City. Process Milestones: •Public Hearing held: March 11, 2026 •Hearing Examiner Recommendation March 20, 2026: Approval of MU Zoning City Council Consideration: 1) Approve the recommended rezoning (with or without modifications) 2) Enter into a Concomitant Agreement (PMC 25.210.100) 3) Deny the proposed rezone Pa g e 2 1 1 o f 3 7 8 Pa g e 2 1 2 o f 3 7 8 Pa g e 2 1 3 o f 3 7 8 Mixed Use Pa g e 2 1 4 o f 3 7 8 Questions? Thank you! Pa g e 2 1 5 o f 3 7 8 AGENDA REPORT FOR: City Council April 13, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 5/4/26 FROM: Haylie Matson, Director Community & Economic Development SUBJECT: Q Ordinance No. 4836 - Chavoshi, LLC Rezone from C-3 to I-1 (Z2026- 002) (5 minute staff presentation) I. ATTACHMENT(S): Ordinance Exhibit A: Hearing Examiner Decision Exhibit B: Proposed Zoning Map Exhibit C: Workshop PowerPoint Exhibit D: Parcel Consolidation Documents II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION:zoning the 4836, No. amending adopt to move I Ordinance classification of certain real property located north of E Spokane Dr., south of E Salt Lake St., west of N Oregon Ave., east of BNSF Railroad, in Pasco, Franklin (Light I-1 to (General Business) from Washington County, C-3 Industrial) and, further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Background: On February 2nd, 2026, Knutzen Engineering, with written authorization from Chavoshi LLC, submitted an application to rezone Parcel Numbers 113493122, 113493140, 113493159, 113493131. The subject properties were annexed into the City in 1963 and were developed as a car/truck wash in 1992. The property owners are currently in the process of combining Parcel Numbers Page 216 of 378 113493131 & 113493159, the easternmost parcels. See Exhibit C. On March 11, 2026, the Hearing Examiner conducted a public hearing to review the request to rezone the parcels from C-3 (General Business) to I-1 (Light Industrial), as illustrated on the proposed zoning map in the PowerPoint (Exhibit B). In accordance with Pasco Municipal Code (PMC) Subsection 25.210.060(2), the Hearing Examiner recommended approval of the rezone on March 23, 2026, finding it consistent with the Comprehensive Plan, and forwarded the recommendation to the City Council for final consideration. No appeals of this recommendation have been received. Surrounding properties are zoned and developed as follows: North: C-3 General Business/ Bus Service and Sales East: C-3 General Business/ Steel Recycling South: C-3 General Business/ Fencing Contractor’s Yard & Concrete Materials Supplier West: I-1 Light Industrial/ Bare ground & Industrial Equipment Rental Impact (other than fiscal): The Pasco City Council has identified Economic Vitality as a key priority. The property in question was developed in 1992 as a car/ truck wash, however as economic trends have shifted, the landowner has identified a use that is compatible with the I-1 zone and wishes to pursue redevelopment of this site in an industrial context. Rezoning the property from C-3 to I-1 would provide the owners with greater flexibility to develop the property consistent with their goals and would be in keeping with the underlying Land Use Designation. V. DISCUSSION: Conclusion & Recommendation: Staff and the Hearing Examiner find that the requested rezone is consistent with the Comprehensive Plan. The proposal supports orderly growth, aligns with long-term development objectives, and provides a framework for future redevelopment while ensuring that any future projects will be reviewed for code compliance and environmental impact. Accordingly, both Staff and the Hearing Examiner recommend that the City Council approve the requested rezone through the associated Ordinance. Constraints (Time or other considerations): The city is required to issue a decision within 120 days from date of complete application in accord with Title 4 of the PMC. The applicant was issued a Notice of Complete Application on February 25, 2026. Although the statutory deadline has not yet arrived, staff respectfully recommends that the City Page 217 of 378 Council proceed with a timely review and processing of the application to ensure orderly consideration and to serve the best interests of the community. Staff Analysis & Hearing Examiner Findings: Following the conclusion of an open record hearing on the properties rezone petition, the Hearing Examiner issued findings and conclusions based on the record, pursuant to PMC Subsection 25.210.060(1)(a) through (e), applying the initial review criteria set forth in PMC Section 25.210.030. The findings and conclusions are as follows: (a) The proposal is in accord with the goals and policies of the Comprehensive Plan The Comprehensive Plan designates the site as Industrial. The requested zoning is consistent with this designation and supports policies promoting industrial development, appropriate location of development, and potential industrial growth. (b) The effect of the proposal on the immediate vicinity will be materially detrimental Existing development patterns meet the minimum qualifications of their respective industrial and commercial zones. Future development will be required to comply with City regulations for buffering, traffic, and setbacks, ensuring that potential impacts are minimized. (c) There is merit and value in the proposal for the community as a whole Applying zoning consistent with the Comprehensive Plan creates opportunities for industrial and business redevelopment, economic growth, and supports the long-term goals of the community, including ensuring the appropriate location, and development of Industrial uses. The proposal advances the City’s long- term goals. (d) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal No conditions are necessary as part of this rezone request. The application, as well as any future development, will be subject to the applicable provisions of the PMC and the City of Pasco Design and Construction Standards. (e) A concomitant agreement should be entered into between the City and the petitioner, and, if so, the terms and condition of such an agreement A concomitant agreement is not necessary for this proposal. The requested rezoning complies with all applicable City standards and requirements without the need for additional terms or conditions beyond those already provided in the PMC and adopted development regulations. Next Steps: Page 218 of 378 If the Ordinance is adopted, the City Clerk’s Office will record it with the Franklin County Auditor, and staff will issue a Notice of Decision to all affected parties. Alternatives: In accordance with PMC Section 25.210.080, if the City Council determines by majority vote that further review is warranted, a closed record hearing is required, and at least 14 days’ notice shall be given prior to the hearing. At the conclusion of the hearing, the Council may approve the reclassification with or without modifications, enter into a concomitant agreement with the petitioner, or deny the reclassification. The Council may adopt the Hearing Examiner’s findings and conclusions or formulate alternative findings to support its decision to approve, modify, or deny the application. Page 219 of 378 Ordinance - Rezone Z2026-002- 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED NORTH OF E SPOKANE ST., SOUTH OF E SALT LAKE ST., WEST N OREGON AVE., AND EAST OF THE BNSF RAILROAD, IN PASCO, FRANKLIN COUNTY, WASHINGTON FROM C-3 (GENERAL BUSINESS) TO I-1 (LIGHT INDUSTRIAL). PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Knutzen Engineering the petitioner, on behalf of Chavoshi, LLC, seeks to rezone Parcel Nos. 113493131, 113493159, 113493140, 113493122, 1010 N Oregon Ave., Pasco, Washington; and WHEREAS, a complete and adequate petition for change of zoning classification meeting the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City of Pasco (City) and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on March 11, 2026; and WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and value in the proposal for the community as a whole; (d) any impacts of the rezone application and anticipated development will be mitigated by the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant agreement is not required under these circumstances; and (f) the proposal is consistent with and satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to approve the rezone, which findings and recommendation are hereby adopted by the City Council, and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A. Page 220 of 378 Ordinance - Rezone Z2026-002- 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from C-3 (GENERAL BUSINESS) to I-1 (LIGHT INDUSTRIAL) for the real property as shown in the Exhibit B attached hereto and described as follows: Lots 1,2,3,4,5,6,7 and 8, Block 12, FREY’S ADDITION TO PASCO, according to the Plat thereof recorded in Volume B of Plats, Page 16, records of Franklin County, Washington; TOGETHER WITH portion of Duluth Street adjacent thereto, as vacated under City of Pasco Ordinance No. 2894 and recorded under Auditor’s file No. 492598; AND TOGETHER WITH portion of the North/South alley adjacent thereto, as vacated under City of Pasco Ordinance No. 3464 and recorded under Auditor’s File No. 1670982. AND Lots 9,10,11, and 12, Block 12, FREY’S ADDITION TO PASCO, according to the Plat thereof recorded in Volume B of Plats, Page 16, records of Franklin County, Washington; TOGETHER WITH portion of Duluth Street adjacent thereto, as vacated under City of Pasco Ordinance No. 2894 and recorded under Auditor’s File No. 492598; AND TOGETHER WITH portion of the North/South alley adjacent thereto, as vacated under City of Pasco Ordinance No. 3464 and recorded under Auditor’s File No. 1670982 AND Lots 19, 20, 21, 22, 23 and 24, Block 12, FREY’S ADDITION TO PASCO, according to the Plat thereof recorded in Volume B of Plats, Page 16, records of Franklin County, Washington; TOGETHER WITH portion of the North/South alley adjacent thereto, as vacated under City of Pasco Ordinance No. 3464 and recorded under Auditor’s File No. 1670982 EXCEPT that portion conveyed to City of Pasco by deed recorded June 15, 2017 under Auditor’s File No. 1863380. Tax Parcel Number(s): 113493131, 113493122, 113493140, 113493159 . Page 221 of 378 Ordinance - Rezone Z2026-002- 3 Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 4. Effective Date. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington this ___ day of _____, 202_. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks Ogden Murphy Wallace, PLLC Deputy City Clerk City Attorney Published: _____________________________ Page 222 of 378 CI T Y OF PA S C O LA N D US E HE A R I N G EX A M I N E R IN TH E MA T T E R OF ) RE C O M M E N D E D FI N D I N G S OF ) FA C T , RE C O M M E N D E D Z 20 2 6 - 0 0 2 ) CO N C L U S I O N S OF LA W , AN D Ch a v o s h i , LL C ) RE C O M M E N D E D DE C I S I O N TH I S MA T T E R ha v i n g co m e on fo r he a r i n g in fr o n t of th e Ci t y of Pa s c o He a r i n g Ex a m i n e r on Ma r c h 11 , 20 2 6 , th e He a r i n g Ex a m i n e r ha v i n g ta k e n ev i d e n c e he r e b y su b m i t s th e fo l l o w i n g Re c o m m e n d e d Fi n d i n g s of Fa c t , Re c o m m e n d e d Co n c l u s i o n s of La w , an d Re c o m m e n d e d De c i s i o n as fo l l o w s : 1. AP P L I C A N T : 99 3 3 8. 2. OW N E R : 3. RE Q U E S T : 4. TI M E L I N E: I. RE C O M M E N D E D FI N D I N G S OF FA C T Pa u l Kn u t z e n , Kn u t z e n En g i n e e r i n g , 54 0 1 Ri d g e l i n e Dr St e 16 0 , Ke n n e w i c k , WA Sa m Ch a v o s h i , Ch a v o s h i LL C , PO Bo x 31 7 0 , Pa s c o , WA 99 3 0 2 . Re z o n e C- 3 (R e t a i l Bu s i n e s s ) to I— 1 (L i g h t In d u s t r i a l ) . Fe b r u a r y 2, 20 2 6 Ap p l i c a t i o n Su b m i t t e d . Fe b r u a r y 25 , 20 2 6 Ap p l i c a t i o n De e m e d Co m p l e t e . Fe b r u a r y 25 , 20 2 6 Ap p l i c a t i o n No t i c e d fo r Pu b l i c He a r i n g to Pr o p e r t y Ow n e r s wi t h i n 30 0 ’ . Fe b r u a r y 25 , 20 2 6 Ap p l i c a t i o n No t i c e d fo r Pu b l i c He a r i n g to th e Tr i - C i t y He r a l d . Ma r c h 4, 20 2 6 Pu b l i c He a r i n g St a f f Re p o r t Pu b l i s h e d 5. PR O P E R T Y DE S C R I P T I O N : 5. 1 . Pa r c e l No s . : 11 3 4 9 3 1 2 2 , 11 3 4 9 3 1 4 0 , 11 3 4 9 3 1 5 9 , 11 3 4 9 3 1 3 1 . 5. 2 . Le g a l : LO T S 1, 9, 13 , an d 19 , BL O C K 12 , FR E Y S AD D I T I O N , re s p e c t i v e l y . 5. 3 . Pr o p e r t y Si z e : Ap p r o x i m a t e l y 2. 3 7 ac r e s (1 0 3 , 2 5 8 . 1 6 sq u a r e fe e t ) . 5. 4 . Ge n e r a l Lo c a t i o n : Th e su b j e c t pr o p e r t y is ad d r e s s e d as 10 1 0 N Or e g o n Av e . Pa s c o , WA 99 3 0 1 , ge n e r a l l y we s t of N Or e g o n Av e . , so u t h of E Sa l t La k e St . , no r t h of E Sp o k a n e St . , an d ea s t of th e 6. AC C E S S : Th e ha s ac c e s s fr o m N Or e g o n Av e . an d E Sa l t La k e St . 7. UT I L I T I E S : Mu n i c i p a l se w e r is av a i l a b l e in th e al l e y to th e we s t th e su b j e c t pr o p e r t y an d wi t h i n E Sa l t La k e St . to th e no r t h . Mu n i c i p a l wa t e r is av a i l a b l e wi t h i n N Or e g o n Av e . ea s t of th e si t e an d wi t h i n E Sa l t La k e St . to th e no r t h of th e pr o p e r t y . Z 20 2 6 - 0 0 2 Ch a v o s h i , LL C Pa g e 1 of 6 Page 223 of 378 8. LA N D US E AN D ZO N I N G : Th e si t e is cu r r e n t l y zo n e d C- 3 , an d th e ap p l i c a n t is re q u e s t i n g a re z o n e to L] . Su r r o u n d i n g pr o p e r t i e s ar e zo n e d an d de v e l o p e d as fo l l o w s : 8. 1 . No r t h : C - 3 Ge n e r a l Bu s i n e s s / Bu s Se r v i c e an d Sa l e s 8. 2 . Ea s t : C- 3 Ge n e r a l Bu s i n e s s / St e e l Re c y c l i n g 8. 3 . So u t h : C- 3 Ge n e r a l Bu s i n e s s / Fe n c i n g Co n t r a c t o r ’ s Ya r d & Co n c r e t e Ma t e r i a l s Su p p l i e r 8. 4 . We s t : I- 1 Li g h t In d u s t r i a l / Ba r e gr o u n d & In d u s t r i a l Eq u i p m e n t Re n t a l 9. CO M P R E H E N S I V E PL A N : Th e Ci t y ’ s Co m p r e h e n s i v e Pl a n de s i g n a t e s th e si t e as In d u s t r i a l , wh i c h su p p o r t s Ma n u f a c t u r i n g , fo o d pr o c e s s i n g , st o r a g e an d wh o l e s a l e di s t r i b u t i o n of eq u i p m e n t an d pr o d u c t s , ha z a r d o u s ma t e r i a l st o r a g e , an d tr a n s p o r t a t i o n re l a t e d fa c i l i t i e s . Pe r m i t t e d zo n i n g de s i g n a t i o n s wi t h i n th i s la n d us e ca t e g o r y in c l u d e I- 1 (L i g h t In d u s t r i a l ) , I- 2 (M e d i u m In d u s t r i a l ) , & I— 3 (H e a v y In d u s t r i a l ) . 10 . EN V I R O N M E N T A L DE T E R M I N A T I O N : Th e Ci t y ha s de t e r m i n e d th i s pr o p o s a l to be ex e m p t un d e r Wa s h i n g t o n Ad m i n i s t r a t i v e Co d e 19 7 — 1 1 - 8 0 0 (6 ) La n d us e de c i s i o n s . (c ) Wh e r e an ex e m p t pr o j e c t re q u i r e s a re z o n e , th e re z o n e is ex e m p t on l y if : (i ) Th e pr o j e c t is in an ur b a n gr o w t h ar e a in a ci t y or co u n t y pl a n n i n g un d e r RC W 36 . 7 0 A . 0 4 0 ; (i i ) Th e pr o p o s e d re z o n e is co n s i s t e n t wi t h an d do e s no t re q u i r e an am e n d m e n t to th e co m p r e h e n s i v e pl a n ; an d (i i i ) Th e ap p l i c a b l e co m p r e h e n s i v e pl a n wa s pr e v i o u s l y su b j e c t e d to en v i r o n m e n t a l re v i e w an d an a l y s i s th r o u g h an EI S un d e r th e re q u i r e m e n t s of th i s ch a p t e r pr i o r to ad o p t i o n ; an d th e EI S ad e q u a t e l y ad d r e s s e d th e en v i r o n m e n t a l im p a c t s of th e re z o n e . No fu r t h e r Wa s h i n g t o n St a t e En v i r o n m e n t a l Po l i c y Ac t (S E P A ) re v i e w is re q u i r e d fo r th i s pr o p o s a l . 1 1. HI S T O R Y : 11 . 1 . In Se p t e m b e r 20 2 0 , a No n - P r o j e c t En v i r o n m e n t a l Im p a c t St a t e m e n t (E I S ) wa s co m p l e t e d fo r th e Ci t y ’ s Co m p r e h e n s i v e Pl a n . Th e EI S id e n t i ? e d 7, 7 6 8 . 4 3 ac r e s of In d u s t r i a l la n d wi t h i n Pa s c o ci t y li m i t s . Al t e r n a t i v e 3, wh i c h th e ci t y ch o s e to pu r s u e , “p r o p o s e s to al l o w de v e l o p m e n t to oc c u r wi t h i n cu r r e n t l y un d e v e l o p e d or in ? l l ar e a s of th e ci t y an d in sm a l l e r UG A ar e a co m p a r e d to Al t e r n a t i v e 2” . 11 . 2 . Th e pr o p e r t y wa s co u n t e d in th e EI S as it wa s an n e x e d in t o th e Ci t y of Pa s c o in 19 6 3 th r o u g h Or d i n a n c e #1 0 7 8 . 11 . 3 . Th e pr o p e r t y wa s de v e l o p e d as a ca r wa s h in 19 9 2 . 12 . PL A N N I N G ST A F F AN A L Y S I S : 12 . 1 . Th e ex i s t i n g C- 3 zo n i n g is no t co n s i s t e n t wi t h th e Ci t y ’ s Co m p r e h e n s i v e Pl a n . Ap p r o v a l of th e re q u e s t e d re z o n e wo u l d br i n g th e pr o p e r t y in t o co n f o r m a n c e wi t h th e ad o p t e d Co m p r e h e n s i v e Pl a n la n d us e de s i g n a t i o n . in d u s t r i a l de v e l o p m e n t of se v e r a l lo t s wi t h i n ci t y li m i t s . 13 . An op e n re c o r d pu b l i c he a r i n g wa s he l d , af t e r le g a l no t i c e , on Ma r c h 11 , 20 2 6 . 14 . Th e ap p l i c a n t di d no t ap p e a r no r se n d an ag e n t fo r th e pu b l i c he a r i n g . 15 . No me m b e r s of th e pu b l i c at t e n d e d th e he a r i n g to sp e a k fo r or ag a i n s t th e pr o p o s a l . Z 20 2 6 - 0 0 2 Ch a v o s h i , LL C Pa g e 2 of 6 Page 224 of 378 16 . Th e fo l l o w i n g ex h i b i t s we r e ad m i t t e d in t o th e re c o r d : 16 . 1 . Ex . A St a f f Re p o r t ; 16 . 2 . Ex . B Re m a i n d e r of Pl a n n i n g St a f f Fi l e . 17 . ZO N I N G PE T I T I O N RE Q U I R E M E N T S : PM C 25 . 2 1 0 . 0 3 0 se t s fo r t h th e re q u i r e d co n t e n t s of a zo n e ch a n g e pe t i t i o n . Th e pe t i t i o n re c e i v e d in th i s ca s e ap p e a r s to be a fi l l a b l e fo r m fu r n i s h e d to th e ap p l i c a n t by Ci t y , th e co n t e n t s of wh i c h ar e si m i l a r bu t do no t ex a c t l y fo l l o w PM C 25 . 2 1 0 . 0 3 0 . Th e st a f f re p o r t , ho w e v e r , pr o v i d e s am p l e su p p l e m e n t a t i o n to th e co n t e n t s of th e pe t i t i o n an d ad d r e s s e s al l th e re q u i r e m e n t s of PM C 25 . 2 1 0 . 0 3 0 : 17 . 1 . Th e da t e th e ex i s t i n g zo n e be c a m e ef f e c t i v e : 17 . 1 . 1 . Th e pr o p e r t y ha s be e n zo n e d co m m e r c i a l l y si n c e at le a s t 19 9 2 ; th e pr o p e r t y wa s an n e x e d in t o th e ci t y in 1/ 1 5 / 1 9 6 3 th r o u g h or d i n a n c e #1 0 7 8 . 17 . 2 . Th e ch a n g e d co n d i t i o n s , wh i c h ar e al l e g e d to wa r r a n t ot h e r or ad d i t i o n a l zo n i n g : 17 . 2 . 1 . Th e ap p l i c a n t st a t e s “T he re z o n e is ne c e s s a r y fo r th e pr o p o s e d pr o j e c t . Th e re z o n e wi l l al s o al i g n wi t h th e cu r r e n t co m p r e h e n s i v e pl a n de s i g n a t i o n of ”I n d u s t r i a l th e cu r r e n t zo n e C— 3 is a no n - c o n f o r m i n g zo n e fo r th a t la n d us e . Th e ap p l i c a n t ha s me t wi t h ci t y st a ? f in an o? i c i a l p r e - a p p l i c a t i o n me e t i n g , ab o u t ch a n g i n g th e us e of th e pr o p e r t y fr o m a ca r wa s h to a so i l te s t i n g co m p a n y . To be t t e r al i g n wi t h th e Ci t y i s Co m p r e h e n s i v e Pl a n an d su p p o r t fu t u r e in t e n d e d de v e l o p m e n t , th e ap p l i c a n t is re q u e s t i n g a re z o n e fr o m th e cu r r e n t C— 3 de s i g n a t i o n . Th e ex i s t i n g C— 3 zo n e is in t e n d e d as a co m m e r c i a l di s t r i c t an d do e s no t al l o w de v e l o p m e n t co n s i s t e n t wi t h th e la n d us e st a n d a r d s an d de n s i t y ob j e c t i v e s of th e Co m p r e h e n s i v e Pl a n wh i c h de s i g n a t e s th e pr o p e r t y as In d u s t r i a l . 17 . 3 . Fa c t s to ju s t i f y th e ch a n g e on th e ba s i s of ad v a n c i n g th e pu b l i c he a l t h , sa f e t y an d ge n e r a l we l f a r e : 17 . 3 . 1 . Th e ex i s t i n g C- 3 zo n i n g do e s no t al i g n wi t h th e ad o p t e d Co m p r e h e n s i v e Pl a n la n d us e de s i g n a t i o n , li m i t i n g th e pr o p e r t y is ab i l i t y to de v e l o p in a ma n n e r th a t pr o m o t e s pu b l i c he a l t h , sa f e t y , an d ge n e r a l we l f a r e . 17 . 3 . 2 . Th e pr o p o s e d 1- 1 zo n i n g wo u l d br i n g th e pr o p e r t y in t o co n f o r m a n c e wi t h th e Co m p r e h e n s i v e Pl a n , fa c i l i t a t i n g or d e r l y , e? c i e n t in d u s t r i a l de v e l o p m e n t th a t is co m p a t i b l e wi t h su r r o u n d i n g us e s . Th e re z o n e wo u l d su p p o r t th e fo l l o w i n g se c t i o n s of th e Co m p r e h e n s i v e pl a n : 1 7. 3. 2. 1. Go a l LU - 6 En c o u r a g i n g di s t i n c t i v e qu a l i t y co m m u n i t y an d re g i o n a l co m m e r c i a l an d in d u s t r i a l de v e l o p m e n t s th a t su p p o r t th e ci t y Is ov e r a l l de v e l o p m e n t go a l s , 17 . 3 . 2 . 2 . Po l i c y LU - 6 — E Su p p o r t i n g th e gr o w t h Ma n a g e m e n t Ac t s go a l to en c o u r a g e gr o w t h , in c l u d i n g in d u s t r i a l gr o w t h , in ur b a n ar e a s , an d 17 . 3 . 3 . Ad d i t i o n a l l y , th e pr o p o s a l is co n s i s t e n t wi t h Ci t y Co u n c i l — a p p r o v e d Co m p r e h e n s i v e Pl a n am e n d m e n t s . Th e s e am e n d m e n t s ha v e be e n de t e r m i n e d to be in th e pu b l i c in t e r e s t an d su p p o r t i v e of th e Ci t y is ob j e c t i v e s fo r an in c r e a s e of in d u s t r i a l fa c i l i t i e s , co o r d i n a t e d gr o w t h , an d ej f e c t i v e pr o v i s i o n of pu b l i c fa c i l i t i e s . Z 20 2 6 - 0 0 2 Ch a v o s h i , LL C Pa g e 3 of 6 Page 225 of 378 17 . 4 . Th e ef f e c t it wi l l ha v e on th e va l u e an d ch a r a c t e r of th e ad j a c e n t pr o p e r t y an d th e Co m p r e h e n s i v e Pl a n : 17 . 4 . 1 . Th e pr o p o s e d Li g h t In d u s t r i a l (I — I ) zo n i n g su p p o r t s co m m e r c i a l an d in d u s t r i a l de v e l o p m e n t th a t is co m p a t i b l e wi t h ne i g h b o r i n g pr o p e r t i e s , lo c a t e d to th e no r t h , so u t h , ea s t , an d we s t of th e su b j e c t pr o p e r t y . By al i g n i n g wi t h th e Co m p r e h e n s i v e Pl a n is In d u s t r i a l de s i g n a t i o n , th e re z o n e pr o m o t e s or d e r l y an d co m p a t i b l e gr o w t h wh i l e ma i n t a i n i n g th e ar e a is in t e n d e d ch a r a c t e r . An y fu t u r e de v e l o p m e n t ac t i o n s wi l l be su b j e c t to re v i e w un d e r th e Pa s c o Mu n i c i p a l Co d e an d po s s i b l y SE P A to en s u r e th a t po t e n t i a l im p a c t s on th e na t u r a l an d bu i l t en v i r o n m e n t , as we l l as on aa h ' a c e n t pr o p e r t y va l u e s , ar e pr o p e r l y id e n t i ? e d an d mi t i g a t e d . 17 . 5 . Th e ef f e c t on th e pr o p e r t y ow n e r or ow n e r s if th e re q u e s t is no t gr a n t e d : 17 . 5 . 1 . If th e re z o n e re q u e s t is no t gr a n t e d , th e su b j e c t si t e wo u l d li m i t th e ap p l i c a n t . Th e ap p l i c a n t st a t e s th e pr o j e c t of th e so i l te s t i n g fa c i l i t y wo u l d no t mo v e fo r w a r d . Th e cu r r e n t C- 3 zo n i n g do e s no t pe r m i t ex p e r i m e n t a l la b o r a t o r i e s , ho w e v e r la b o r a t o r i e s ar e a pe r m i t t e d us e in th e I— 1 zo n e . Un d e r th e s e st a n d a r d s , th e si t e wo u l d re m a i n as it is cu r r e n t l y wi t h a ca r / tr u c k wa s h . In ad d i t i o n , de v e l o p m e n t un d e r C— 3 zo n i n g wo u l d no t me e t th e in t e n d e d de v e l o p m e n t pa t t e r n wi t h i n th e Co m p r e h e n s i v e Pl a n is de s i g n a t i o n of In d u s t r i a l , fu r t h e r hi g h l i g h t i n g th e in c o n s i s t e n c y wi t h th e Ci t y is ad o p t e d [a n d us e po l i c i e s . 17 . 6 . Th e Co m p r e h e n s i v e Pl a n la n d us e de s i g n a t i o n fo r th e pr o p e r t y : 17 . 6 . 1 . Th e Ci t y of Pa s c o Co m p r e h e n s i v e Pl a n de s i g n a t e s th e si t e as In d u s t r i a l . Th e pr o p o s e d zo n i n g de s i g n a t i o n of [- 1 is co n s i s t e n t wi t h th e In d u s t r i a l la n d us e de s i g n a t i o n . 17 . 7 . Su c h ot h e r in f o r m a t i o n as th e He a r i n g Ex a m i n e r re q u i r e s : 17 . 7 . 1 . Th e re z o n e ap p l i c a t i o n is co n s i s t e n t wi t h an d su p p o r t s th e in t e n t of th e Co m p r e h e n s i v e Pl a n as we l l as th e Ci t y Co u n c i l is go a l s . 18 . PM C 25 . 2 1 0 . 0 6 0 FI N D I N G S : 18 . 1 . Th e pr o p o s a l is in ac c o r d wi t h th e go a l s an d po l i c i e s of th e Co m p r e h e n s i v e Pl a n . 18 . 1 . 1 . Th e La n d Us e El e m e n t of th e Co m p r e h e n s i v e Pl a n de s i g n a t e s th e si t e as In d u s t r i a l . Th e pr o p o s e d I— 1 re z o n e is co n s i s t e n t wi t h th e La n d Us e Ma p de s i g n a t i o n an d ad v a n c e s th e go a l s an d po l i c i e s of th e Co m p r e h e n s i v e Pl a n . 18 . 1 . 2 . In pa r t i c u l a r , it su p p o r t s La n d Us e Go a l LU - 6 wh i c h en c o u r a g e s di s t i n c t i v e qu a l i t y co m m u n i t y an d re g i o n a l co m m e r c i a l an d in d u s t r i a l de v e l o p m e n t s th a t su p p o r t th e ci t y ’ s ov e r a l l de v e l o p m e n t go a l s , as we l l as Po l i c y LU - 6 - E , wh i c h em p h a s i z e s su p p o r t fo r th e Gr o w t h Ma n a g e m e n t Ac t ’ s go a l to en c o u r a g e in d u s t r i a l gr o w t h in ur b a n ar e a s , an d Go a l ED — 2 as s u r i n g ap p r o p r i a t e lo c a t i o n an d de s i g n of co m m e r c i a l an d in d u s t r i a l fa c i l i t i e s . 18 . 1 . 3 . Th e re z o n e su p p o r t s La n d Us e Go a l LU - 6 by ch a n g i n g th e zo n e of th e pr o p e r t y . to ma t c h bo t h th e ch a r a c t e r of th e si t e an d th e La n d us e Ma p . 18 . 1 . 5 . Th e re z o n e su p p o r t s Go a l ED - Z by en s u r i n g th e in d u s t r i a l de v e l o p m e n t is wi t h i n an ar e a bo r d e r e d by th e in d u s t r i a l zo n e , tr a i n tr a c k s , an d in t e n s e co m m e r c i a l ac t i v i t y . By al i g n i n g th e zo n i n g wi t h th e Co m p r e h e n s i v e Pl a n de s i g n a t i o n , th e re z o n e he l p s en s u r e or d e r l y , co m p a t i b l e , an d ef ? c i e n t de v e l o p m e n t in th e ar e a . 18 . 2 . Th e ef f e c t of th e pr o p o s a l on th e im m e d i a t e vi c i n i t y wi l l no t be ma t e r i a l l y de t r i m e n t a l . Z 20 2 6 — 0 0 2 Ch a v o s h i , LL C Pa g e 4 of 6 Page 226 of 378 18 . 2 . 1 . Th e pr o p o s e d zo n i n g ch a n g e is no t an t i c i p a t e d to cr e a t e ma t e r i a l l y de t r i m e n t a l im p a c t s to th e im m e d i a t e vi c i n i t y . Th e re q u e s t e d I- 1 de s i g n a t i o n is co m p a t i b l e wi t h ad j a c e n t in d u s t r i a l an d ge n e r a l co m m e r c i a l us e s as we l l as be i n g co n s i s t e n t wi t h th e Co m p r e h e n s i v e In d u s t r i a l la n d us e de s i g n a t i o n . An y fu t u r e de v e l o p m e n t wi l l be re q u i r e d to co m p l y wi t h al l ap p l i c a b l e Ci t y st a n d a r d s , in c l u d i n g se t b a c k s , la n d s c a p i n g , bu f f e r i n g , an d tr a f ? c mi t i g a t i o n , en s u r i n g th a t po t e n t i a l im p a c t s on ne i g h b o r i n g pr o p e r t i e s ar e mi n i m i z e d an d ap p r o p r i a t e l y ma n a g e d . 18 . 3 . I Th e r e is me r i t an d va l u e in th e pr o p o s a l fo r th e co m m u n i t y as a wh o l e . 18 . 3 . 1 . Th i s pr o p o s a l al i g n s wi t h th e gu i d a n c e of th e Co m p r e h e n s i v e Pl a n fo r th e su b j e c t si t e . Th e Pl a n id e n t i f i e s th e si t e fo r In d u s t r i a l us e an d ap p l y i n g th e I- 1 zo n i n g de s i g n a t i o n is co n s i s t e n t wi t h th a t gu i d a n c e . Th e re z o n e wi l l cr e a t e op p o r t u n i t i e s fo r in d u s t r i a l an d bu s i n e s s re d e v e l o p m e n t an d al l o w i n g fo r ec o n o m i c gr o w t h . Ad d i t i o n a l l y , th e pr o p o s a l pr o m o t e s pl a n n e d an d or d e r l y re d e v e l o p m e n t , an d su p p o r t s th e lo n g - t e r m go a l s of th e co m m u n i t y , in c l u d i n g en s u r i n g th e ap p r o p r i a t e lo c a t i o n , an d de v e l o p m e n t of In d u s t r i a l us e s wi t h i n ci t y li m i t s . 18 . 4 . No co n d i t i o n s sh o u l d be im p o s e d in or d e r to mi t i g a t e an y si g n i ? c a n t ad v e r s e im p a c t s fr o m th e pr o p o s a l . 18 . 4 . 1 . No co n d i t i o n s ar e ne c e s s a r y as pa r t of th i s re z o n e re q u e s t . Th e ap p l i c a t i o n , as we l l as an y fu t u r e de v e l o p m e n t , wi l l be su b j e c t to th e ap p l i c a b l e pr o v i s i o n s of th e PM C an d th e Ci t y of Pa s c o De s i g n an d Co n s t r u c t i o n St a n d a r d s . Ac c o r d i n g l y , th e im p o s i t i o n of co n d i t i o n s at th i s st a g e is no t wa r r a n t e d . 18 . 5 . No co n c o m i t a n t ag r e e m e n t sh o u l d be en t e r e d in t o be t w e e n th e Ci t y an d th e pe t i t i o n e r . 18 . 5 . 1 . A co n c o m i t a n t ag r e e m e n t is no t ne c e s s a r y fo r th i s pr o p o s a l . Th e re q u e s t e d re z o n i n g co m p l i e s wi t h al l ap p l i c a b l e Ci t y st a n d a r d s an d re q u i r e m e n t s , an d no ad d i t i o n a l te r m s or co n d i t i o n s be y o n d th o s e al r e a d y es t a b l i s h e d in th e PM C an d ad o p t e d de v e l o p m e n t re g u l a t i o n s ar e wa r r a n t e d . Ac c o r d i n g l y , no fu r t h e r co m m i t m e n t s or ag r e e m e n t s ar e re q u i r e d . 19 . Th e Ci t y of Pa s c o He a r i n g Ex a m i n e r co n s i d e r e d al l ev i d e n c e wi t h i n th e re c o r d in re n d e r i n g th i s de c i s i o n . 20 . An y Co n c l u s i o n of La w th a t is mo r e co r r e c t l y a Fi n d i n g of Fa c t is he r e b y in c o r p o r a t e d as su c h by th i s re f e r e n c e . II . RE C O M M E N D E D CO N C L U S I O N S OF LA W 1. Th e He a r i n g Ex a m i n e r ha s be e n gr a n t e d th e au t h o r i t y to re n d e r th i s de c i s i o n . 2. Th i s pr o p o s a l is co n s i s t e n t wi t h th e Pa s c o Co m p r e h e n s i v e Pl a n an d Pa s c o Mu n i c i p a l Co d e . re f e r e n c e . Z 20 2 6 - 0 0 2 Ch a v o s h i , LL C Pa g e 5 of 6 Page 227 of 378 II I . RE C O M M E N D E D DE C I S I O N Ba s e d on th e ab o v e Fi n d i n g s of Fa c t an d Co n c l u s i o n s of La w , Z 20 2 6 - 0 0 2 is he r e b y re c o m m e n d e d fo r AP P R O V A L . Da t e d th i s Z: 3da y of Ma r c h , 20 2 6 . CI T Y OF PA S C O HE A R I N G EX A M I N E R , PR O TE M K J D. Ey e s t o n e Th i s re c o m m e n d a t i o n is su b j e c t to a ti m e l y ?l e d ap p e a l pu r s u a n t to PM C 25 . 2 1 0 . 0 7 0 Z 20 2 6 - 0 0 2 Ch a v o s h i , LL C Pa g e 6 of 6 Page 228 of 378 Proposed Zoning Map :u 1th u ,m w Ah‘‘N“, mew m Medmm Densnv Resuenha‘msmu ‘‘-c 3 (Emma Busmess mm -RP “WM Pm Wm ‘‘ w W"moms a‘sthm Pa g e 2 2 9 o f 3 7 8 Pasco City Council May 4, 2026 Regular Meeting Pa g e 2 3 0 o f 3 7 8 Ordinance- Knutzen Engineering C-3 to I-1 Rezone-Z 2026-002 May 4, 2026 Pasco City Council Pa g e 2 3 1 o f 3 7 8 PMC Comprehensive Plan Map (Land Use) Existing Zoning Map Proposed Zoning Map 01 02 03 04 Pa g e 2 3 2 o f 3 7 8 Rezone - PMC Requirements for zoning petition (PMC 25.210.030): •A rezone petition must identify when the current zoning took effect, explain the changed conditions and justification for the request, address impacts on adjacent properties and the Comprehensive Plan, note the property’s Comprehensive Plan designation, state the effect on the owner if denied, and include any additional information required by the Hearing Examiner. Hearing Examiner – Findings and recommendations (PMC 25.210.060): •After an open record hearing on a rezone petition, the Hearing Examiner must issue findings and conclusions addressing whether the proposal aligns with the Comprehensive Plan, avoids material detriment to the vicinity, provides community benefit, requires conditions to mitigate impacts, and/or necessitates a concomitant agreement with the City. Process Milestones: •Public Hearing held: March 11, 2026 •Hearing Examiner Recommendation March 23, 2026: Approval of I-1 Zoning City Council Consideration: 1) Approve the recommended rezoning (with or without modifications) 2) Enter into a Concomitant Agreement (PMC 25.210.100) 3) Deny the proposed rezone Pa g e 2 3 3 o f 3 7 8 Pa g e 2 3 4 o f 3 7 8 Pa g e 2 3 5 o f 3 7 8 Pa g e 2 3 6 o f 3 7 8 Questions? Thank you! Pa g e 2 3 7 o f 3 7 8 1 James Bagley From:Kaleb Casey <kcasey@franklincountywa.gov> Sent:Friday, February 13, 2026 8:18 AM To:Paul Knutzen Cc:Sam Chavoshi Subject:RE: Parcel Consolidation Request Hi Paul, Good morning and happy Friday. Parcels 113493131 and 113493159 have been combined. The new parcel number is 113493160. Best, Kaleb Casey Franklin County Assessors Office GIS Technician P: (509) 545-3571 E: kcasey@franklincountywa.gov From: Paul Knutzen <paul@knutzenengineering.com> Sent: Thursday, February 12, 2026 5:46 AM To: Kaleb Casey <kcasey@franklincountywa.gov> Cc: Sam Chavoshi <sam@agnema.com> Subject: Parcel Consolidation Request Good Morning Kaleb, Attached is the City of Pasco signed parcel combination request along with a receipt that the property owner paid his taxes. Can you pleas combine these into a single parcel and let me know what the new APN will be? Tha Warning: Unusual sender <paul@knutzenengineering.com> You don't usually receive emails from this address. Make sure you trust this sender before taking any actions. Good Morning Kaleb, Attached is the City of Pasco signed parcel combination request along with a receipt that the property owner paid his taxes. Can you pleas combine these into a single parcel and let me know what the new APN will be? Thanks, Paul Knutzen, P.E., LEED AP BD+C Principal Engineer O: 509.222.0959 C: 509.440.1817 PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. You don't often get email from paul@knutzenengineering.com. Learn why this is important Page 238 of 378 AGENDA REPORT FOR: City Council April 9, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 5/4/26 FROM: Haylie Matson, Director Community & Economic Development SUBJECT: Q Ordinance No. 4837 - Elite Investment Group, LLC Rezone from R-4 and C-1 to MU (Z2026-003) (5 minute staff presentation) I. ATTACHMENT(S): Ordinance Exhibit A Hearing Examiner Recommendation Exhibit B Power Point Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: zoning the amending 4837, No. move adopt to I Ordinance classification of certain real property located north of Sandifur Parkway, west of Road 90, south of Ruven Street, and east of Road 92 in Pasco, Franklin County, Washington, from R-4 (High Density Residential) and C-1 (Retail Business) to Mixed-Use and, further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: This proposal was presented to City Council last week as an introductory item. Background: Parcel Nos. 115392077 and 115392022 (5804 Road 90) were annexed into the City (Residential R-T assigned and 2388 Ordinance under 1981 in No. were C-1 to rezoned parcels (Retail 2007, In zoning. Transition) both Business). In 2021, Parcel No. 115392077 was rezoned from C-1 to R-4 (High Density Residential), while Parcel No. 115392022 has remained zoned C-1 and was developed with a commercial building in 2017. Page 239 of 378 For clarity, this proposal is located between Road 90 and Road 92, north of Sandifur Parkway, and is separate from other rezone requests by the same applicant that may be considered at the same meeting. On February 5, 2026, Elite Investment Group, LLC submitted an application to rezone Parcel No. 115392077 from R-4 (High Density Residential) to Mixed Use and Parcel No. 115392022 (5804 Road 90) from C-1 (Retail Business) to Mixed Use. Public notice was mailed on February 19, 2026, to property owners within 300 feet and published in the Tri-City Herald on February 25, 2026. The proposal generated minimal public interest, with limited inquiries that were not directly related to the rezone request. The Hearing Examiner held a public hearing on March 11, 2026, to consider the proposed rezone, as shown in Exhibit B. On March 23, 2026, the Hearing Examiner recommended approval, finding the request consistent with the Comprehensive Plan, and forwarded the recommendation to City Council for final consideration pursuant to PMC 25.210.060(2). Surrounding properties are zoned and developed as follows: North: R-4, R-3, R-1 – Single-family attached and detached residential East: C-1, R-1 – Office, restaurant, and single-family residential South: Mixed Use, C-1 – Undeveloped and commercial uses West: C-1 – Retail and mini storage Impact (other than fiscal): The proposed rezone is non-project in nature and establishes a framework for future mixed-use development consistent with the City’s long-range planning objectives. The zoning is consistent with the Comprehensive Plan and supports development in proximity to key intersections. This action does not authorize or result in any immediate construction or physical changes to the site. Any future development would be subject to project-level review to ensure compliance with applicable regulations, including evaluation of traffic, access, site layout, buffering, drainage, and building design, as well as any required mitigation. V. DISCUSSION: Conclusion & Recommendation: Staff and the Hearing Examiner find that the requested rezoning is consistent with the Comprehensive Plan. The proposal supports orderly growth, aligns with long-term development objectives, and provides a framework for future residential and commercial development while ensuring that any future projects Page 240 of 378 will be reviewed for compliance and potential mitigation. Accordingly, both Staff and the Hearing Examiner recommend that the City Council approve the requested rezones through the associated Ordinance. Constraints (Time or other considerations): While the PMC Title 25 Zoning does not specify a time frame for processing applications, Title 4, which is applicable to Title 25, provides that “the Director shall issue a notice of final decision on a project permit application within 120 days The complete.” is application the applicant the notifying after that applicant was issued a Notice of Complete Application on February 13, 2026. Although yet staff arrived, not respectfully deadline statutory the has recommends that the City Council proceed with a timely review and processing of the application to ensure orderly consideration and to serve the best interests of the applicant and community. Staff Analysis & Hearing Examiner Findings: Following the conclusion of an open record hearing on the properties rezone petition, the Hearing Examiner shall issue findings and conclusions based on the record, pursuant to PMC Subsection 25.210.060(1)(a) through (e), applying the initial review criteria set forth in PMC Section 25.210.030. The findings and conclusions are as follows: (a) The proposal is in accord with the goals and policies of the Comprehensive Plan The Land Use Element of the Comprehensive Plan designates the sites as Mixed Residential/Commercial. The proposed mixed-use rezone is consistent with this Land Use Map designation and advances the goals and policies of the Comprehensive Plan. Specifically, the proposal supports Land Use Policy LU- 4(B) through (D), which promote infill and higher-density development in proximity encourage transportation; and public travel major to corridors walkable communities through increased mixed-use development; and designate areas for higher density where utilities and transportation infrastructure allow for efficient use of public capital resources. (b) The effect of the proposal on the immediate vicinity will be materially detrimental The proposed rezone is not expected to be materially detrimental to properties in the immediate vicinity. The sites are located in an area where residential and commercial uses already exist in close proximity. The mixed-use designation allows residential uses to continue while permitting limited commercial activity consistent with surrounding development patterns. Because the mixed-use zone residential functions as a transitional designation between and commercial areas, it provides compatibility rather than conflict. The range of permitted uses and applicable development standards are intended to mitigate Page 241 of 378 impacts related to scale, intensity, traffic, and site design. Given the existing context and the regulatory controls that apply to mixed-use development, the proposal is not anticipated to adversely affect the value, use, or character of adjacent properties. Therefore, the rezone would not result in a materially detrimental effect on the immediate vicinity. (c) There is merit and value in the proposal for the community as a whole There is merit and value in the proposed rezone because it implements the Comprehensive Plan’s designation of the sites are Mixed Residential/Commercial. Applying the mixed-use zoning classification ensures consistency between the City’s adopted long-range plan and its development regulations. The proposal creates opportunities for additional housing and commercial development within the same area, supporting a more efficient and integrated land use pattern. By encouraging mixed-use development, the rezone and activity, economic housing availability, advances promotes supports walkable, connected neighborhoods. Additionally, the proposal public services, and infrastructure existing efficient use the facilitates of promotes orderly growth, and advances the community’s long-term goals related to livability, connectivity, and economic vitality. For these reasons, the rezone provides clear merit and value to the community as a whole. (d) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal No conditions are necessary at the rezone stage. The proposed zoning classification establishes a regulatory framework but does not authorize specific development. Any future development of the sites will be subject to the applicable provisions of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. Subsequent project-level applications will undergo independent review, including environmental review as applicable, to identify and mitigate any potential significant adverse impacts. Because no specific development is proposed at this time and adequate regulatory controls are already in place, the imposition of conditions as part of this rezone is not warranted. (e) A concomitant agreement should be entered into between the City and the petitioner, and, if so, the terms and condition of such an agreement A concomitant agreement is not necessary for this proposal. The requested rezoning complies with all applicable City standards and requirements, and no additional terms or conditions beyond those already established in the PMC and adopted development regulations are warranted. Accordingly, no further commitments or agreements are required. Next Steps: If the Ordinance is adopted, the City Clerk’s Office will record it with the Franklin County Auditor, and staff will issue a Notice of Decision to all affected parties. Page 242 of 378 Alternatives: In accordance with PMC Section 25.210.080, if the City Council determines by majority vote that further review is warranted, a closed record hearing is required, and at least 14 days’ notice shall be given prior to the hearing. At the conclusion of the hearing, the Council may approve the reclassification with or without modifications, enter into a concomitant agreement with the petitioner, or deny the reclassification. The Council may adopt the Hearing Examiner’s findings and conclusions or formulate alternative findings to support its decision to approve, modify, or deny the application. Page 243 of 378 Ordinance Rezone Z 2026-003 - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED NORTH OF SANDIFUR PARKWAY, WEST OF ROAD 90, SOUTH OF RUVEN STREET, AND EAST OF ROAD 92, PASCO, FRANKLIN COUNTY, WASHINGTON, FROM R-4 (HIGH DENSITY RESIDENTIAL) AND C-1 (RETAIL BUSINESS) TO MIXED-USE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Elite Investment Group, LLC, the petitioner seeks to rezone Parcel Nos. 115392077 (from R-4 to Mixed-Use) and 115392022 (from C-1 to Mixed-Use), located north of Sandifur Parkway, west of Road 90, south of Ruven Street, and east of Road 92, Pasco, Washington; and WHEREAS, a complete and adequate petition for change of zoning classification meeting the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City of Pasco (City) and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on March 11, 2026; and WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and value in the proposal for the community as a whole; (d) any impacts of the rezone application and anticipated development will be mitigated by the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant agreement is not required under these circumstances; and (f) the proposal is consistent with and satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to approve the rezone, which findings and recommendation are hereby adopted by the City Council, and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A. Page 244 of 378 Ordinance Rezone Z 2026-003 - 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from R-4 (High Density Residential) and C-1 (Retail Business) to Mixed-Use for the real property as shown in the Exhibit B attached hereto and described as follows: Parcel No. 115392077 (R-4 to Mixed-Use) LOT 23, COLE ESTATES Parcel No. 115392022 (C-1 to Mixed-Use) LOT 10, COLE ESTATES Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 4. Effective Date. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Page 245 of 378 Ordinance Rezone Z 2026-003 - 3 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 Ogden Murphy Wallace, PLLC Deputy City Clerk City Attorney Published: _____________________________ Page 246 of 378 "Exhibit A" Page 247 of 378 Page 248 of 378 Page 249 of 378 Page 250 of 378 Page 251 of 378 Page 252 of 378 "Exhibit B" Pa g e 2 5 3 o f 3 7 8 Pasco City Council May 4, 2026 Regular Meeting Pa g e 2 5 4 o f 3 7 8 Ordinance-Elite Investment Group, LLC R-4 & C-1 to Mixed-Use Rezone- Z2026-003 May 4, 2026 Pasco City Council Pa g e 2 5 5 o f 3 7 8 PMC Comprehensive Plan Map (Land Use Map) Existing Zoning Map Proposed Zoning Map 01 02 03 04 Pa g e 2 5 6 o f 3 7 8 Rezone -PMC Requirements for zoning petition (PMC 25.210.030): •A rezone petition must identify when the current zoning took effect, explain the changed conditions and justification for therequest, address impacts on adjacent properties and the Comprehensive Plan, note the property’s Comprehensive Plan designation, state the effect on the owner if denied, and include any additional information required by the Hearing Examiner. Hearing Examiner –Findings and recommendations (PMC 25.210.060): •After an open record hearing on a rezone petition, the Hearing Examiner must issue findings and conclusions addressing whether the proposal aligns with the Comprehensive Plan, avoids material detriment to the vicinity, provides community benefit, requires conditions to mitigate impacts, and/or necessitates a concomitant agreement with the City. Process Milestones: •Public Hearing held: March 11, 2026 •Hearing Examiner Recommendation March 23, 2026: Approval of Mixed-Use Zoning City Council Consideration: 1) Approve the recommended rezoning (with or without modifications) 2) Enter into a Concomitant Agreement (PMC 25.210.100) 3) Deny the proposed rezone Pa g e 2 5 7 o f 3 7 8 4.9 acres are proposed for rezoning to MU. Pa g e 2 5 8 o f 3 7 8 Pa g e 2 5 9 o f 3 7 8 Pa g e 2 6 0 o f 3 7 8 Questions? Thank you! Pa g e 2 6 1 o f 3 7 8 Ordinance Rezone Z 2026-003 - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED NORTH OF SANDIFUR PARKWAY, WEST OF ROAD 90, SOUTH OF RUVEN STREET, AND EAST OF ROAD 92, PASCO, FRANKLIN COUNTY, WASHINGTON, FROM R-4 (HIGH DENSITY RESIDENTIAL) AND C-1 (RETAIL BUSINESS) TO MIXED-USE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Elite Investment Group, LLC, the petitioner seeks to rezone Parcel Nos. 115392077 (from R-4 to Mixed-Use) and 115392022 (from C-1 to Mixed-Use), located north of Sandifur Parkway, west of Road 90, south of Ruven Street, and east of Road 92, Pasco, Washington; and WHEREAS, a complete and adequate petition for change of zoning classification meeting the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City of Pasco (City) and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on March 11, 2026; and WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and value in the proposal for the community as a whole; (d) any impacts of the rezone application and anticipated development will be mitigated by the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant agreement is not required under these circumstances; and (f) the proposal is consistent with and satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to approve the rezone, which findings and recommendation are hereby adopted by the City Council, and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A. Page 262 of 378 Ordinance Rezone Z 2026-003 - 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from R-4 (High Density Residential) and C-1 (Retail Business) to Mixed-Use for the real property as shown in the Exhibit B attached hereto and described as follows: Parcel No. 115392077 (R-4 to Mixed-Use) LOT 23, COLE ESTATES Parcel No. 115392022 (C-1 to Mixed-Use) LOT 10, COLE ESTATES Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 4. Effective Date. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Page 263 of 378 Ordinance Rezone Z 2026-003 - 3 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 Ogden Murphy Wallace, PLLC Deputy City Clerk City Attorney Published: _____________________________ Page 264 of 378 AGENDA REPORT FOR: City Council TO: Harold Stewart, City Manager City Council Regular Meeting: 5/4/26 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Within Tax Use and Sales 4838 - the No. Ordinance Imposing Boundaries of the Pasco Transportation Benefit District (30 minute staff presentation) I. ATTACHMENT(S): Ordinance Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION:Section new a adding No. 4838, adopt to move I Ordinance 3.270.035 to the Pasco Municipal Code imposing an additional sales and use tax boundaries Pasco the of the one-tenth percent one of of within Transportation Benefit District for the purpose of financing the costs associated with transportation improvements in the District as authorized by RCW 36.73.065 and RCW 82.14.0455; providing for severability and establishing an effective date; authorizing publication by summary only. III. FISCAL IMPACT: Revenue Street Fund - Approximately $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, the 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. Page 265 of 378 Striping and traffic safety markings. Ice and snow removal. Traffic calming. Before 2017, the City mostly utilized private contractors for overlay work to keep 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. The City's 2025-2026 budget was prepared with the Street Fund slated to be in deficit by nearly $600,000. 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. Council Page 266 of 378 established Pasco Transportation Benefit District on February 17, 2026. On April 6 2026, Council approved resolution indicating its intention to conduct a hearing concerning the assumption of such rights, powers, functions, and obligations and on April 20 2026, Council conducted said public hearing and assumed district's powers. Council discussed the option of referring this item to voters, though Council has authority to approve the first 0.1% without a public vote. If referred to voters, two pathways are available: 1. the on measure Placing the (2026) Election General November - November ballot would cost the City approximately $46,000. 2. Standalone Special Election (2027) - A special election dedicated solely to this measure would cost approximately $400,000. If the City can share the special election with other ballot measures, then the cost will reduce. For e.g., City and Pasco school district shared the cost of nearly $330,000 of election cost during the February 2026 special election. 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, non-motorized safety safety preservation, preservation, improvements, and transit-supportive infrastructure. V. DISCUSSION: Recommendation Staff recommends that City Council adopt the proposed ordinance imposing an additional sales and use tax of 0.1% within the boundaries of the Pasco Transportation District. Next Steps If Council approves, staff works with State of Washington to prepare for imposition of such tax. Constraints Once the sales tax is imposed, it is expected to take 6-9 months for the tax to be implemented. Alternatives Council may opt not to impose additional sales and use tax and direct staff to bring Vehicle License Fee option, also known as Car Tab Fees. Car tab fees will collect fees from vehicles that are registered within the boundaries of the Pasco Transportation District. Council may opt not to impose any tax or fees. This will require General Fund to significantly subsidize road maintenance or reduce the program. Council may direct staff take necessary steps to refer this item to voters in an upcoming election. Earliest election possible is November 2026. Page 267 of 378 Page 268 of 378 Ordinance – TBD Application of Sales Tax - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, ADDING A NEW SECTION 3.270.035 TO THE PASCO MUNICIPAL CODE IMPOSING AN ADDITIONAL SALES AND USE TAX OF ONE-TENTH OF ONE PERCENT WITHIN THE BOUNDARIES OF THE PASCO TRANSPORTATION BENEFIT DISTRICT FOR THE PURPOSE OF FINANCING THE COSTS ASSOCIATED WITH TRANSPORTATION IMPROVEMENTS IN THE DISTRICT AS AUTHORIZED BY RCW 36.73.065 AND RCW 82.14.0455; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, On February 17, 2026, City Council of the City of Pasco adopted Ordinance No. 4816 creating the Pasco Transportation Benefit District (“Pasco TBD”) with the same boundaries as the City limits, in accordance with Chapter 36.73 RCW; and WHEREAS, On April 20, 2026, City Council of the City of Pasco adopted Ordinance No. 4826 to assume the rights, powers, immunities, and obligations of the District pursuant to RCW 36.74.010; and WHEREAS, RCW 36.73.040(3)(a) authorizes transportation benefit districts to impose a sales and use tax, subject to the provisions of RCW 36.73.065 and RCW 82.14.0455; and WHEREAS, RCW 36.73.065(4)(a)(v) authorizes transportation benefit districts to impose a sales and use tax in accordance with RCW 82.14.0455 in an amount not exceeding one-tenth of one percent (0.1%) for a period of ten (10) years upon a majority vote of the governing body of the district for the purpose of financing the transportation improvements of a district; and WHEREAS, the Pasco City Council has carefully considered the financial needs of the City’s transportation system and the imposition of the tax and has determined that the best interests of the City and the District will be served by passing this ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Imposition of Additional Sales and Use Tax. PMC 3.270.035 is hereby added to impose the additional one-tenth of one percent sales and use tax authorized by RCW 36.73.065(4)(a)(v) and to read as follows: 3.270.035 Transportation Benefit Additional Sales and Use Tax Imposed. A. Pursuant to RCW 36.73.065 and RCW 82.14.0455, there is hereby imposed an additional sales and use tax to be collected from persons who are taxable by the state under Chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the district. The amount of the additional tax shall be one-tenth of one percent (0.1%) of the selling price, in the case of the sales tax, or the value of the Page 269 of 378 Ordinance – TBD Application of Sales Tax - 2 article used, in the case of the use tax. B. The tax imposed by this section shall apply for a period of ten (10) years from the date the tax is first collected within the district and shall thereafter cease to be imposed unless renewed with the affirmative vote of the voters voting at an election or a majority vote of the Pasco City Council exercising its authority as the governing body of the district. C. The tax imposed by this Section shall be in addition to any other taxes authorized by law, including but not limited to, the sales and use taxes imposed under Chapters 3.05, 3.10, 3.15, 3.20, 3.25, 3.26 and 3.30 of the Pasco Municipal Code. D. The revenues received from the tax imposed by this Section shall be general revenues of the district and shall be used for those purposes set forth in PMC 3.270.040 or as otherwise authorized by law. Section 2. Duties of Clerk and Finance Director. The City Clerk and the Finance Director are hereby requested to submit this ordinance to the Washington State Department of Revenue and to request that the Department take all necessary steps to implement and collect the tax imposed by this ordinance as soon as possible. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, clause or phrase of this ordinance. Section 4. Effective Date. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2026. _____________________________ Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks Ogden Murphy Wallace, PLLC Deputy City Clerk City Attorney Published: _____________________________ Page 270 of 378 May 4, 2026 Pasco City Council Regular Pa g e 2 7 1 o f 3 7 8 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 2 7 2 o f 3 7 8 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 2 7 3 o f 3 7 8 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 2 7 4 o f 3 7 8 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 2 7 5 o f 3 7 8 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 2 7 6 o f 3 7 8 REVENUE NEED 7 •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 2 7 7 o f 3 7 8 GROWTH 8 •Road miles have grown by 23% since 2015 and 43% since 2010. •Street crew size has remained unchanged since 2010 due to lack of funding. •Street crew got assigned small overlay projects to generate revenue for the fund. Pa g e 2 7 8 o f 3 7 8 ROAD CONDITIONS 9 •Current roads are in good condition mainly due to their age. •Staff anticipates large portions of City pavement to degrade in the next 3-5 years without regular maintenance. •Deferred maintenance is not a permanent savings; it is a financial liability. •Faster Deterioration •Safety Hazards •Increased Driver Costs •Reduced Service Quality Pa g e 2 7 9 o f 3 7 8 TBD - ACTION 10 •Decision Points •Creation of the district •Geographic boundary of the district •Resolution setting public hearing for City’s intention to assume the powers of the TBD •Public Hearing and assumption of powers •Sales and use tax consideration Effective 6-months after approval & notification to Department of Licensing and Department of Revenue. Pa g e 2 8 0 o f 3 7 8 FeedbackPa g e 2 8 1 o f 3 7 8 AGENDA REPORT FOR: City Council March 23, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 5/4/26 FROM: Maria Serra, Director Public Works SUBJECT: *Resolution No. 4736 - Acceptance of work for the Martin Luther King Community Center Renovation and Expansion Phase 1 Construction Project (5 minute staff presentation) I. ATTACHMENT(S): Resolution PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4736, accepting work performed by Booth and Sons Construction, of Kennewick WA, under contract for the Martin Luther King Community Center Renovation and Expansion Phase 1 Construction Project. III. FISCAL IMPACT: The final Construction Contract cost for this phase 1 project totaled $2,883,360.79. Engineers Estimate $2,900,000 - $3,300,000 Bid Award $2,760,615 Change Orders $122,745.79 Total Construction Project Costs $2,883,360.79 The project was funded through a combination of state and federal grants as follows: Washington State Legislative Appropriation $980,000 Federal ARPA Funds $2,500,000 Federal Congressional Directed Spending (CDS) $3,000,000 Page 282 of 378 All remaining funds are allocated to Phase 2 efforts. IV. HISTORY AND FACTS BRIEF: Background The East Pasco Neighborhood facility was constructed in 1975 after years of requests by the members of the East Pasco Community. In 1986, the East Pasco Neighborhood facility was renamed the Martin Luther King Community Center. For nearly 50 years the facility has been a place for recreation, education, civic discourse, and religious worship. Various recreational offerings include: Educational fitness and games, classes. indoor games, basketball soccer offerings include: English classes for adults, tutoring programs, and preschool classes for community children. The Center has served as a polling place, while organizations promoting civil rights, affirmative action, and migrant labor rights have used the facility as a meeting spot. Religious and civic groups have held celebrations and pageants at the facility. After nearly 50 years of use, the facility was nearing the end of its operational lifecycle and needed major renovation and updating to continue serving the East Pasco Community. The Martin Luther King Jr. Community Center Renovation and Expansion Project is a comprehensive renovation of the campus facilities. The work has been broken into three (3) phases to minimize the impact on the community and provide for continuous use of the portions of the facility not being affected by the respective work phases. This phase (Phase 1) completely demolished everything to the bare walls, remodeled, and brought up to code the Northwest building of the HVAC and plumbing, electrical, included Improvements campus. new systems, and installation of ADA compliant restrooms. Phase 1 also created classroom spaces, a community room, and offices. Externally, play areas were added and landscaping was updated. The construction contract for the Martin Luther King Renovation and Expansion Phase 1 Construction Project (No. 21314) was awarded to Booth and Sons Construction of Kennewick, Washington, on December 2, 2024, in the amount of $2,760,615. The project included Nine (9) change orders, the first change order added a new fire line, fire hydrant, PIV, vault and double check detector on the line. The second change order was to reconfigure the sewer lines and eliminate a grinder pump. The third change order was to lower the drywell rim. The fourth change order was to add structural steel strong backs to the openings in the CMU walls that lacked bond beams. The fifth change order moved an irrigation line that conflicted with the new exterior wall, moved a door opening, and filled some vent holes in the building walls. Change order six was a credit for the deletion of lights above the outdoor window chairs. Change order seven was the demolition of two Page 283 of 378 CMU stem walls that were in the way of the new electrical line installation. Change order eight added anti-graffiti paint to the exterior of the new CMU walls, added frost protection to the building footings, added grinding the existing concrete flooring, extended conduit to new reader board location, removed and replaced a trench drain at the north door entrance, and a credit for one less truckload of CMU removal, and paint not used to paint the underside of the new awnings. The ninth change order relocated an existing irrigation controller, added four-inch track to the new windows, replaced concrete sealer with paint, added mirrors, a credit for value engineered the electrical panel, a credit for window shade elimination, and credit for using MC cable in place of conduit. Bid Award $2,760,615.00 Change Orders 1. Fire hydrant, DCDA and vault, PIV. $ 70,224.57 2. Reconfigure waste lines $ 20,452.51 3. Lower Drywell Rim $ 3,002.20 4. Add Steel strong backs to openings lacking bond beams $ 13,426.60 5. Irrigation line move, Door replacement, Seal vent holes $ 2,984.86 6.Deleted lights above window seats (Credit) $ (5,325.95) 7.Demolition of 2 CMU stem walls $ 4,157.22 8.add anti graffiti paint, frost protection, grind floors, extend conduit, replace drain $ 32,286.13 9.Relocate Irr. controller, add window track, replaced sealer with paint, added mirrors, electrical panel credit, shade credit, and conduit credit (Credit) $(18,462.35) Total after Bid Award and all change orders combined $ 2,883,360.79 Impact (other than fiscal) This project enhances quality of life by expanding the Martin Luther King Community Center. It will provide better services to the community, especially youth and families, fostering a vibrant and engaged community. V. DISCUSSION: Recommendation Staff recommends approval of the proposed Resolution accepting the work performed by Booth and Sons Construction, for the Construction of the Martin Luther King Community Center Phase 1 Construction Project. Constraints The renovated and expanded Phase 1 improvements are an integral component of the MLK Community Center campus, designed to support local Pre-K children. If the project is not accepted for use, a portion of the community Page 284 of 378 center will remain unavailable for occupancy, limiting access to these facilities and constraining the center’s ability to fully deliver its intended programs and services. Next Steps Provided the Council accepts work of the contractor for this project, staff will complete the necessary documentation in the following weeks. Alternatives Council may elect not to accept the work; however, if the work is not accepted, the improved spaces would not be placed into service. Acceptance is recommended. Page 285 of 378 Resolution - Project Acceptance – MLK Phase 1- 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY BOOTH AND SONS CONSTRUCTION, UNDER CONTRACT FOR THE MARTIN LUTHER KING JR. RENOVATION AND EXPANSION PROJECT. WHEREAS, the work performed by Booth and Sons Construction, under contract for Project No. 21314 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 Booth and Sons Construction, under contract for Project No. 21314 as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and 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. Page 286 of 378 Resolution - Project Acceptance – MLK Phase 1- 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of ____________________, 20__. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks Ogden Murphy Wallace, PLLC Deputy City Clerk City Attorney Page 287 of 378 Pasco City Council May 4, 2026 Regular Meeting Pa g e 2 8 8 o f 3 7 8 Martin Luther King Community Center Renovation and Expansion Phase 1 Project #21314 May 4,2026 Pasco City Council Pa g e 2 8 9 o f 3 7 8 Project Location Pa g e 2 9 0 o f 3 7 8 Martin Luther King Community Center Renovation and Expansion Project Phase 1 Before Pa g e 2 9 1 o f 3 7 8 Martin Luther King Community Center Renovation and Expansion Project Phase 1 Demolition Pa g e 2 9 2 o f 3 7 8 Martin Luther King Community Center Renovation and Expansion Project Phase 1 In Progress Pa g e 2 9 3 o f 3 7 8 Martin Luther King Community Center Renovation and Expansion Project Phase 1 After Pa g e 2 9 4 o f 3 7 8 Martin Luther King Community Center Renovation and Expansion Project Phase 1 Construction Costs Engineers Estimate $2,900,000.00 –3,300,000.00 Bid Award $2,760,615.00 Change Orders $122,745.79 Final Construction Costs $2,883,360.79 Pa g e 2 9 5 o f 3 7 8 Questions? Pa g e 2 9 6 o f 3 7 8 AGENDA REPORT FOR: City Council March 10, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 5/4/26 FROM: Angela Pashon, Director Parks & Recreation SUBJECT: *Resolution No. 4737 - Benton-Franklin Headstart Lease Agreement (3 minute staff presentation) I. ATTACHMENT(S): Resolution Lease Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: City the authorizing 4737, No. approve to move I Resolution Manager to execute a 5-Year Lease Agreement between the Benton-Franklin Headstart and the City Of Pasco for the Martin Luther King Jr. Community Center located at 205 S. Wehe Ave. Pasco. III. FISCAL IMPACT: Total Five-Year Term Rent, - $195,324.88 Monthly rent based on March 2026 Fair Market Assessment (2% annual increase; additional Fair Market Assessment to be conducted by 2028): 2026: $3,400.00 2027: $3,468.00 2028: $3,537.36 2029: $3,608.11 2030: $3,680.27 Leasehold tax will be assessed above and beyond the rental amount listed above unless the City is provided proof of tax exemption. IV. HISTORY AND FACTS BRIEF: Background In 2010, the City and Benton-Franklin Head Start (BFHS) entered into a lease Page 297 of 378 agreement for space at the Martin Luther King Jr. Community Center on South Wehe Avenue. Amendments to the agreement were made in 2015, 2021, and 2025. Throughout this partnership, the City and BFHS have maintained a positive relationship, successfully offering a valuable pre-school service to the Pasco community. As part of the City's renovation of the portion of the MLK Center (Phase 1) occupied by BFHS, both parties collaborated to find a temporary alternative location that would allow BFHS to continue its services without interruption. They identified the Kurtzman Building as the most suitable option due to its close proximity, essential facilities, and minimal disruption to the children and families served by BFHS. Phase 1 is now complete and the City and BFHS have collaborated to draft a new lease agreement. The Fair Market Assessment completed in March 2026 identified the indoor and exterior space to be $3,504.44; however, based on BFHS being a primary factor in securing funds to complete Phase 1, the planned additional construction which will cause disruptions over the course of the lease, and BFHS agreeing to maintain the small grass of the exterior fenced area, monthly rent was lowered slightly. Prior monthly payment before relocation was $2,853. This lease agreement includes language that BFHS will work with City to establish procedures to accommodate the public’s use of the community room while maintaining compliance with all applicable state, federal, and/or other governing regulations to which BFHS is subject regarding student safety. Impacts (other than fiscal) Phase 1 received both State and Federal funding with BFHS's continued us of the facility was a significant contributing factor to receiving these funds, not approving lease could have impacts with these funders as we continue to seek additional funds to complete Phase 2 and Phase 3. V. DISCUSSION: Recommendation Staff are recommending approval of the attached Resolution authorizing the City Manager to sign the lease agreement. Alternatives 1. Direct staff to make additional revisions to proposed lease. 2. Reject resolution and lease to BFHS. As mentioned above, this action will impact City's ability to attract additional funding for this and other projects from funding partners. Page 298 of 378 Constraints BFHS currently occupies the Kurtzman Building historically used to plan and host the annual Juneteenth event, BFHS would like to relocate as soon as possible. Next Steps Provided Council approves the lease, staff will work with BFHS to complete necessary coordination. Page 299 of 378 Resolution – Lease Agreement – Headstart MLK Center- 1 Version 1.9.26 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE A 5-YEAR LEASE AGREEMENT BETWEEN BENTON-FRANKLIN HEAD START AND THE CITY OF PASCO FOR MARTIN LUTHER KING JR. COMMUNITY CENTER LOCATED AT 205 S WEHE AVE PASCO, WA. WHEREAS, the City of Pasco (City) and Benton-Franklin Headstart desire to establish a Lease agreement for the use of preschool for early childhood education and related activities; and WHEREAS, the Benton-Franklin Headstart has determined that entering into such Lease agreement is in the best interest of the organization; 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 Lease Agreement with Benton-Franklin Headstart at the Premises. 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 Lease Agreement between the City of Pasco and Benton-Franklin Headstart as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Agreement on behalf of the City of Pasco. 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 April, 2026. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks Ogden Murphy Wallace, PLLC Deputy City Clerk City Attorney Page 300 of 378 Lease Agreement REC26-030 Benton-Franklin Head Start Version 08.15.2025 Page 1 of 13 CITY OF PASCO LEASE AGREEMENT Martin Luther King Jr. Community Center Agreement Number: REC26-030 1. PARTIES. THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as “City”, and Benton-Franklin Head Start, hereinafter referred to as “Lessee”, both sometimes referred to as “Parties”, to lease certain real properties at Martin Luther King Jr. Community Center, as defined in section 3 below, hereinafter referred to as “Premises” on ________________________________. 1.1 The following are the name of the contact person and the mailing address of the City and the Lessee that are to be used for any official communications relating to this agreement: CITY LESSEE City of Pasco, Recreation Services Benton-Franklin Head Start Brent Kubalek Magen Russell PO Box 293 1549 Georgia Ave SE, Suite B Pasco, WA 99301 Richland WA 99352 kubalekb@pasco-wa.gov magenv@bfhs.net 2. TERM. This Agreement shall commence upon full execution, and unless terminated for a breach or as provided herein, shall continue in full force and effect through December 31, 2030. If mutually agreed upon with the City, Lessee shall have the option to renew the lease for an additional 5-years upon giving written notice to the City of its intent to exercise the option at least ninety (90) days in advance of expiration of the lease term and upon agreement between the City and Lessee of the appropriate monthly rent during the renewal term of the lease. Either party may terminate this lease, with no associated monetary penalty, prior to the expiration of any lease term, by giving the other party six (6) months advance notice of their intent to terminate the lease. 3. PREMISES. The City hereby leases to the Lessee and Lessee hereby leases and takes from the City those certain real properties at the Martin Luther King Jr. Community Center in the City of Pasco, County of Franklin, State of Washington (the “Premises” or “leased Premises”). The leased Premises consists of the space listed below together with all improvements thereon and appurtenances thereto, as shown in the attached Exhibit A. a. 5,030 sq. ft., more or less, of exclusive indoor space at the Martin Luther King Jr. Community Center – northwest wing of building which includes: • 2 Classrooms • Breakroom • Restrooms • Offices Page 301 of 378 Lease Agreement REC26-030 Benton-Franklin Head Start Version 08.15.2025 Page 2 of 13 • Kitchen • Testing room • Storage rooms • Service/Laundry room • Entry and hallways b. 4,286 sq. ft., more or less, of exclusive fenced/secured exterior play and instruction space which includes: 1. A fenced play space on the west side of the leased wing 2. A fenced learning/break area on the north side of the leased wing c. 533 sq. ft., more or less, of shared space which includes: 1. Community room 2. Single Stall Restroom NOTE: Section c. is shared use space. Lessee will work with City to establish procedures to accommodate the public’s use of this space while maintaining compliance with all applicable state, federal, and/or other governing regulations to which Lessee is subject regarding student safety, etc. 4. FEES/RENT. Monthly fees assessed Lessee by City shall be understood to include rent and all utilities as outlined in Section 8 below. 4.1 Lessee and City hereby recognize that the assessed fair market value (FMV) of the leased indoor and exterior space, as reported by SVN Retter & Company, as of March 2026 was $3,504.44 as shown in Exhibit B. 4.2 Lessee and City hereby do also recognize that, due to the updated and remodeled facility and the expanded exclusive use space, the current assessed fair market value, reported in section 4.1 above, represents a significant 22% increase over the $2,853 monthly assessment paid by the Lessee in January 2025 prior to the remodel. 4.3 In recognition of section 4.1 and 4.2 above, the facts that the remodel was designed with City’s services in mind, the Lessee’s continued use of the facility was a significant contributing factor to the securing of the grants that made the remodel possible, the Lessee’s federal funding prohibits them from ever paying lease payments over FMV and the City’s desire to continue serving the youth of Pasco through the Lessee’s continued use of the Premises. The Parties hereby agree to the following starting monthly fee and 2% yearly increase payment schedule over the term of the agreement with the understanding that Lessee will conduct a Fair Market Value Assessment by year end 2028 and report to the Lessor. 2026: $3,400; 2027: $3,468; 2028: $3,537.36; 2029: $3,608.11; 2030: $3,680.27 4.4 The Lessee will be billed monthly based on the amounts delineated above. Payment shall be due within 30 days of the invoice date and shall be payable to the City at the address shown above or to such other address as the City may designate by written notice as provided herein. All payments shall be made without demand, deduction, setoff, or counterclaim. Page 302 of 378 Lease Agreement REC26-030 Benton-Franklin Head Start Version 08.15.2025 Page 3 of 13 4.5 Leasehold Tax. Leasehold excise tax is levied pursuant to Chapter 82.29A RCW and shall be above and beyond the rental amount(s) listed above. The Lessee shall faithfully pay this tax when due unless Lessee provides the City with proof of exemption from the Washington State Department of Revenue. If the leasehold excise tax levy changes during the term of this Agreement, the tax payable hereunder shall, likewise, be correspondingly changed. 4.6 Lease Damage Deposit: The Lessee will pay a $500 damage deposit, due at time of first month’s rent. This deposit will be held to the end of the lease term and then returned less any costs incurred due to damages. Should the contract be extended beyond the original term, the deposit may be rolled forward. 4.7 In the event that the monthly operating costs to the City increase by ten percent (10%) or more during the term of this lease, the additional operating costs shall be passed onto the Lessee by an increase in the monthly rental equal to the increase in operating cost. Operating costs include maintenance services, utilities and other direct out-of-the pocket expenses of the City for maintenance and operation of the Martin Luther King Jr. Community Center facility. 5. USE OF LEASED PREMISES. Lessee agrees that the leased premises shall be used by the Lessee exclusively as a preschool for early childhood education and related activities. Such use shall conform with applicable City ordinances and State and Federal laws. No other usage of the building shall be allowed unless prior written consent is obtained from the City Manager, which shall be granted or not granted at the absolute discretion of the City, it being understood that it is the purpose of the City to maintain the neighborhood and preserve the building. 5.1 When available and desired, the Lessee may use adjacent gym when not required for City purposes, including the recreational programs and activities sponsored by the YMCA or subsequent future Lessees at the Martin Luther King Jr. Community Center. In such event, Lessee shall not discriminate against any person on the basis of race, color, religion, age, sex, national origin, or physical handicap, and further understands and agrees to comply with the City’s Nondiscrimination in Community Athletics Policy and with the Fair Play in Community Sports Act. Lessee agrees to maintain a safe environment for all participants in such playground or gym facilities. In the event the Lessee suspects a youth participant has sustained an injury, including but not limited to concussion or other head injury, the youth participant shall be removed from participation immediately and the participant’s parents or guardians shall be contacted immediately. In the event of an emergency relating to the health and safety of a participant, Lessee shall call 911 and report the emergency immediately. 5.2 Lessee shall not exceed the posted room occupancy signs posted for fire safety, nor shall any flammable materials or open flames be permitted within the premises. Page 303 of 378 Lease Agreement REC26-030 Benton-Franklin Head Start Version 08.15.2025 Page 4 of 13 5.3 City and Lessee acknowledge that the Premises are located within a community center that is undergoing, and will continue to undergo, multi-phase renovation and construction activities (“Construction Activities”). Lessee understands and agrees that such Construction Activities may occur during the Term of this Lease and may result in temporary disruptions or limitations to Lessee’s use and enjoyment of the Premises and surrounding facilities. 5.3.1 Scope of Possible Disruptions. Lessee expressly acknowledges that Construction Activities may include, but are not limited to: 1. Restricted or Temporary Elimination of Access to the Lessee’s primary entrance or other access points to the Premises; 2. Limited, Restricted, or No Access to the Onsite Parking Lot, including temporary closures or re-routing of vehicular or pedestrian traffic; 3. Limited, Restricted, or No Access to Adjacent Community Facilities, including without limitation, the park playground and the in-facility gymnasium; and 4. Intermittent Noise, Dust, Utility Interruptions, and Other Inconveniences customarily associated with construction work. 5.3.2 No Liability; No Rent Abatement. Lessee agrees that such disruptions shall not constitute a breach of this Lease by City, provided that City uses commercially reasonable efforts to minimize material interference with Lessee’s operations. Lessee further agrees that no rent abatement, damages, or other compensation shall be owed or available as a result of such Construction Activities or resulting disruptions, except to the extent required by applicable law. 5.3.3 Cooperation. Lessee agrees to reasonably cooperate with City and its contractors in facilitating Construction Activities, including complying with temporary access modifications, safety directives, and relocation of entry points when necessary. 6 ACCEPTANCE BY LESSEE. Lessee has inspected and knows the condition of the premises and accepts the same in their present condition (subject to ordinary wear, tear and deterioration in the event the term commences after the date hereof and to the rights of present or former occupants, if any, to remove movable property), including the interior surfaces of exterior walls. 7 MAINTENANCE, EQUIPMENT AND IMPROVEMENTS BY LESSEE. Lessee shall take good care of the premises and the equipment and fixtures therein. At the expiration of the term, Lessee shall surrender the premises in a condition ready for immediate reoccupation, in as good condition as the reasonable use thereof will permit. All damage or injury to the leased premises not caused by fire and other casualty, as set forth in Section 16 hereof, and all damage to glass shall be promptly repaired by the Lessee. Page 304 of 378 Lease Agreement REC26-030 Benton-Franklin Head Start Version 08.15.2025 Page 5 of 13 7.1 All improvements to the leased premises made by the Lessee shall be first approved by City. All building repairs, alterations, additions, improvements, installation, equipment and fixtures, by whomsoever installed or erected (except such business trade fixtures belonging to Lessee as can be removed without damage to or leaving incomplete the premises or building) shall belong to City and remain on and be surrendered with the premises as part thereof, at the expiration of this lease or any extension thereof. 7.2 Any needed repair and/or replacement of appliances shall be the responsibility of whomsoever of the Parties were responsible for the installation of such Appliances. 7.3 Lessee agrees to cut/maintain all grass and landscape areas within the exterior fenced areas on the North and West sides of the building, as included in this agreement. 8 UTILITIES AND CUSTODIAL SERVICES. City shall furnish and pay for all electricity, gas, water, fuel, or any services or utilities used in or assessed against the premises, unless otherwise herein expressly provided. City shall also be responsible for removal of garbage from the leased premises. 8.1 Lessee shall be responsible for charges billed to City for “false alarms” on the premises security system when such charges are incurred as a result of Lessee’s failure to properly disarm system during use of the premises by Lessee. 8.2 Lessee will provide, at its own expense, data, internet and phone services. Lessee will coordinate with and receive approval from City for the installation of these services and any corresponding modification to the facility the installations may require. 8.3 Lessee will provide, at its own expense, custodial services for the premises leased herein. 9 CITY’S REPRESENTATIONS, WARRANTIES AND COVENANTS. City hereby represents and warrants to Lessee that it has the full right, power and authority to lease the Premises to Lessee. Except as specifically set forth herein, neither City nor its agents have made any representations with respect to the Premises. No rights, easements, or licenses are acquired by Lessee by implication or otherwise except as expressly set forth in the provisions of this Agreement. The taking of possession of the leased property by the Lessee shall be conclusive evidence that the Premises were in good condition at the time possession was taken. LESSEE ACCEPTS THE PREMISES AS-IS. 10 QUIET ENJOYMENT. City agrees that so long as Lessee observes and performs all of the agreements and covenants required of it hereunder, Lessee shall peaceably and quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or hindrance by City, its agents or employees. Page 305 of 378 Lease Agreement REC26-030 Benton-Franklin Head Start Version 08.15.2025 Page 6 of 13 11 TAXES. Lessee shall pay all taxes assessed against and levied upon Lessee’s trade fixtures, and all other personal property of Lessee contained in or around the Premises. 12 INDEMNIFICATION / HOLD HARMLESS. Lessee shall defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, injuries, damages, losses or suits including attorney fees, which arises out of (a) the use or occupancy of the Premises by Lessee or its employees, agents, contractors, invitees, or licensees; (b) the operation of Benton-Franklin Head Start; (c) any act, error, or omission, or willful misconduct of Lessee or its employees, agents, contractors, invitees, or licensees; (d) any failure by Lessee to comply with applicable laws, regulations, licensing requirements, or accreditation standards applicable to such providers; and (e) any injury to or death of any person (including minors) or damage to property occurring in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City. 12.1 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Lessee, and the City, its officers, officials, employees, and volunteers, the Lessee’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Lessee’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Lessee’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 12.2 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 13 INSURANCE. The Lessee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee’s operation and use of the Premises. 13.1 Minimum Scope of Insurance. Lessee shall obtain insurance of the types described below: 13.1.1 Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form GC 00 01 and shall cover premises and contractual liability. The City shall be named as insured on Lessee’s Commercial General Liability insurance policy using ISO Additional Insured Managers or Citys of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 13.1.2 Property insurance shall be written on an all-risk basis. 13.2 Minimum Amounts of Insurance. Lessee shall maintain the following insurance limits: Page 306 of 378 Lease Agreement REC26-030 Benton-Franklin Head Start Version 08.15.2025 Page 7 of 13 13.2.1 Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 13.2.2 Property insurance shall be written covering the full value of Lessee’s property and improvements with no coinsurance provisions. 13.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 13.3.1 The Lessee’s insurance coverage shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Lessee’s insurance and shall not contribute with it. 13.3.2 The Lessee’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 13.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 13.5 Verification of Coverage. Lessee shall furnish the City with original certificates and a copy of the mandatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee. 13.6 Notice of Cancellation. The Lessee shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice. 13.7 City Full Availability of Lessees Limits. If the Lessee maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Lessee, irrespective of whether such limits maintained by the Lessee are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Lessee. 13.8 Failure to Maintain Insurance. Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days’ notice to the Lessee to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Lessee from the City. 13.9 Waiver of Subrogation. Lessee and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Premises. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. Page 307 of 378 Lease Agreement REC26-030 Benton-Franklin Head Start Version 08.15.2025 Page 8 of 13 13.10 City’s Property Insurance. City shall purchase and maintain during the term of the Agreement, all-risk property insurance covering the Premises for their full replacement value without any coinsurance provisions. If the City is a member of a self-insured risk pool membership, such membership will satisfy the listed requirements. 14 DAMAGE OR DESTRUCTION; CONDEMNATION. If the Premises are damaged or destroyed in whole or in part; or if the Premises or a substantial portion thereof were taken by condemnation or under the power of eminent domain, City may, at its option, elect to terminate this Agreement. 15 DAMAGE TO PROPERTY ON PREMESIS. Lessee agrees that all property of every kind and description kept, stored, or placed in or on the premises shall be at Lessee’s sole risk and hazard and that City shall not be responsible for any loss or damage to any of such property resulting from fire, explosion, water, steam, gas, electricity, or the elements, whether or not originating in the premises, caused by or from leaks or defects in or breakdown of plumbing, piping, wiring, hearing, or any other facility, equipment, or fixtures or any other cause or act except resulting from the gross negligence of City or anyone for whom City may be responsible. 16 DAMAGE BY CASUALTY. In case the leased premises shall be destroyed or shall be so damaged by fire or other casualty, as to become untenantable, then in such event, at the option of the City, this lease shall terminate from the date of such damage or destruction and the Lessee shall immediately surrender such premises and all interest therein to City, and Lessee shall pay rent only to the time of such surrender. City shall exercise such option to terminate this lease by notice in writing delivered to Lessee within ten (10) days after such damage or destruction. In case City shall not elect to terminate this lease, in such event, this lease shall continue in full force and effect and the City shall repair the leased premises with all reasonable promptitude, placing the same in as good a condition as they were at the time of the damage or abate in proportion to the extent and duration of untenantability. In either event Lessee shall remove all rubbish, debris, merchandise, furniture, equipment, and other personal property, within ten (10) days after the request of the City. If the leased premises shall be only slightly injured by fire or the elements, so as not to render the same untenantable and unfit by occupancy, then the City shall repair the same within a reasonable time, and in that case the rent shall not abate. No compensation or claim shall be made by or allowed to the Lessee by reason of any inconvenience or annoyance arising from the necessity of repairing any portion of the building or the leased premises, however, the necessity may occur. 17 SURRENDER AT EXPIRATION. Upon expiration of the Agreement term or earlier termination on account of default, Lessee shall surrender the Premises in the same condition as at the commencement of the Agreement, reasonable wear and tear expected. 18 DEFAULT. Lessee shall be in default of this Agreement if it fails to comply with any term or condition or fulfill any obligation of the Agreement. In the event of a default, this Agreement may be terminated at the option of City by written notice to Lessee. Whether or Page 308 of 378 Lease Agreement REC26-030 Benton-Franklin Head Start Version 08.15.2025 Page 9 of 13 not the Agreement is terminated by the election of Lessee or otherwise, City shall be entitled to recover damages from Lessee and reserves any other remedy available to the City under the Agreement and/or applicable law. 19 WAIVER. The rights and remedies of the City under this lease, as well as those provided or accorded by law, shall be cumulative, and none shall be exclusive of any other rights or remedies hereunder or allowed by law. A waiver by City of any breach or breaches, default or defaults, of Lessee hereunder shall not be deemed or construed to be a continuing waiver of such breach of default nor as a waiver of or permission, expressed or implied, for any subsequent breach or default, and it is agreed that the acceptance by City of any installment of rent subsequent to the date of same should have been paid hereunder, shall in no manner alter or affect the covenant and obligation of Lessee to pay subsequent installments of rent promptly upon the due date thereof. No receipt of money by City after the termination in any way of this lease shall re-instate, continue, or extend the term above demised. 20 BANKRUPTCY. Neither this lease or any interest therein nor any estate hereby created shall pass to any trustee or receiver in bankruptcy or to any other receiver or assignee for the benefit of creditors by operation of law during the term of this lease or any renewal thereof. 21 COVENANTS TO RUN WITH THE PREMISES. The covenants herein contained shall run with the premises hereby let and bind the heirs, executors, administrators, assigns, and successors of the City and Lessee respectively. Consent of City to assignment, and acceptance of rent from assignee of the Lessee shall not release the Lessee from his obligation to pay rent and comply with other conditions of this lease. 22 MISCELLANEOUS. 22.1 Environmental Compliance By Lessee. Lessee shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Premises. 22.2 Signs. Lessee shall not erect signage without City’s prior written consent. 22.3 Non-waiver. Waiver by either party of strict performance of any provision of this Agreement shall not be a waiver or of prejudice to the party’s right to require strict performance of the same provision or any other provision in the future. 22.4 Notices. Any notice required or permitted under this Agreement shall be deemed to have been given when actually delivered or 72 hours after deposited in the United States mail as certified mail addressed to the address provided in this Agreement or to such other address as may be specified from time to time by either of the parties in writing. 22.5 Time of Essence. Time is of the essence of the performance of each of the obligations under this Agreement. Page 309 of 378 Lease Agreement REC26-030 Benton-Franklin Head Start Version 08.15.2025 Page 10 of 13 22.6 Recording of Agreement. This Agreement shall not be recorded. 22.7 Lessee shall observe reasonable Rules and Regulations established and amended by City regarding Lessee’s activities on the Premises. 22.8 Assignment. Lessee shall not assign, transfer or grant to any third party the right to occupy the Premises or to sell food or beverages as granted under this Agreement. 22.9 Alterations, Improvements And Additions. Lessee shall make no alterations, improvements or additions to the Premises or the facility at which the Premises is located, without prior written approval of the City. 22.10 Compliance with Laws, Ordinances and Regulations. Lessee shall comply with all laws, ordinances and regulations of any governmental agency or public authority having jurisdiction over the Lessee’s provision or Child Care Services at the Premises. 22.11 Responsible Party. The contact person provided by the Lessee in 1.1 is the responsible party in an emergency (24 hours per day; 7 days per week availability). 19. ENTIRE AGREEMENT, APPLICABLE LAW, VENUE. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. Venue for any action arising out of the performance, breach or enforcement of this Agreement shall lie in Franklin County, Washington. 20. AUTHORIZATION. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and Lessee respectively. IN WITNESS WHEREOF, the parties hereto have executed or caused this instrument to be executed as of the day and year first above written. CITY OF PASCO, WASHINGTON BENTON-FRANKLIN HEADSTART Harold L. Stewart II, City Manager Magen Russell, Executive Director APPROVED AS TO FORM: Ogden Murphy Wallace, City Attorney Page 310 of 378 Lease Agreement REC26-030 Benton-Franklin Head Start Version 08.15.2025 Page 11 of 13 EXHIBIT A Page 1 - Total Indoor Space Page 2 - Shared Use Space Page 3 - Exclusive Outdoor Space Page 311 of 378 Lease Agreement REC26-030 Benton-Franklin Head Start Version 08.15.2025 Page 12 of 13 Pa g e 3 1 2 o f 3 7 8 Lease Agreement REC26-030 Benton-Franklin Head Start Version 08.15.2025 Page 13 of 13 Pa g e 3 1 3 o f 3 7 8 AGENDA REPORT FOR: City Council April 7, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 5/4/26 FROM: Maria Serra, Director Public Works SUBJECT: *Resolution No. 4738 - Project Acceptance of the Zone 3 Water Storage Reservoir Project I. ATTACHMENT(S): Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4738, accepting work performed under the Design Build Institute of America Agreement with T Bailey, Inc. for the Zone 3 Water Storage Reservoir Project. III. FISCAL IMPACT: Agreement with design build-team: DBIA Phase 1 Agreement $388,601.60 DBIA Phase 2 Agreement -$30,801.76 Phase 1 Unused Contingency -$21,315.81 Approved Change Order No. 1 $608,373.89 Approved Change Order No. 2 (time extension only) $0 Approved Change Order No. 3 $5,402,098.04 GMP/Lump Sum Amendment $10,711,046.47 Total Agreement Total $17,058,362.60 *DBIA: Design Build Institute of America *GMP: Guaranteed Maximum Price This project was funded through a $10M Public Works Board low-interest loan and $12.9M Local funds (Water Utility Rates and revenue bond). Total adopted project budget is: $22.9M Total project cost: $18.5M Page 314 of 378 IV. HISTORY AND FACTS BRIEF: Background The Zone 3 Water Storage Reservoir Tank project was built to help alleviate the deficit in water storage and provide needed potable water storage to accommodate peak demands for current and future users. The City received State approval to use the Progressive Design-Build (PDB) process for this project. The City’s primary objective in utilizing the Design- Build procurement approach was to bring the best available design and construction experience and expertise together to successfully meet the unique challenges presented by this project and meet a tight completion schedule. On November 1, 2021, Council approved the DBIA Phase 1 Agreement with T Bailey, Inc. for this project. On December 5, 2022, Council approved Amendment No. 1 to the DBIA Phase 1 Agreement with T Baily, Inc to allow for completed design, full site development, and construction. The contract went through a series of amendments in the form of change orders, which is the prescribed method defined in the contract to progress the project through each step of the Progressive Design Build process. The term “change order” in this sense does not have its traditional meaning. The work defined by each change was not in addition to the scope of work originally defined, but rather an anticipated scope of work allowed under the current contract. The change orders did not increase the overall cost of the project. Change Order No. 1, in the amount of $608,373.89 (including contingency for escalation of materials costs) authorized the pre-purchase of long lead water main materials. Change Order No. 2, extended the Phase 1 contract time to allow for the negotiation of a Guaranteed Maximum Price (GMP). Change Order No. 2 had no financial impacts. Change Order No. 3, in the amount of $5,402,098.04, allowed for early site work to begin. This change order was instrumental to allow the Progressive Design Build Team to begin work while the weather was favorable as the construction of the reservoir foundation would have been negatively impacted by winter weather conditions. Also included in Change Order No. 3 was an allowance for the advanced purchase of raw steel only to be used if the market conditions were favorable. Amendment No 1 to the original contract was defined by the language in the original contract as the “GMP Amendment” in which the parties accept the full contract price for the delivery of the proposed improvements. Page 315 of 378 Impacts (other than fiscal) Building the Zone 3 Reservoir provided additional capacity within Zone 3 of the City’s domestic water system. This added capacity addresses a shortfall needed to meet the demands of a growing population, as well as required fire flow standards. V. DISCUSSION: Recommendation Staff recommends approval of the proposed Resolution accepting the work performed for the Zone 3 Water Storage Reservoir project. Constraints This project was partially funded by a low interest loan from the Public Works Board (PWB). The PWB retains 5% of the overall loan amount until project acceptance. Delaying approval will delay the final payment of $500,000 to the City until project acceptance is granted. Next Steps Provided the Council accepts work of the contractor for this project, staff will complete the necessary documentation in the following weeks. Alternatives Council may elect not to accept the work; however, acceptance is recommended. Page 316 of 378 Resolution - Project Acceptance – Zone 3 Reservoir- 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY T BAILEY, INC., UNDER CONTRACT FOR THE ZONE 3 WATER STORAGE RESERVOIR PROJECT. WHEREAS, the work performed by T Bailey, Inc., under contract for Project No. 21252 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 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 T Bailey, Inc., under contract for Project No. 21252 as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and 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 ________________, 20__. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks Ogden Murphy Wallace, PLLC Deputy City Clerk City Attorney Page 317 of 378 Pasco City Council May 4, 2026 Regular Meeting Pa g e 3 1 8 o f 3 7 8 Zone 3 Reservoir Storage Tank Project Acceptance May 4, 2026 Pasco City Council Pa g e 3 1 9 o f 3 7 8 Zone 3 Reservoir Storage Tank Beginning of Project Final Project Pa g e 3 2 0 o f 3 7 8 Project Cost *DBIA Agreement Cost DBIA Phase 1 Agreement $388,601.60 DBIA Phase 2 Agreement $-30,801.76 Phase 1 Unused Contingency $-21,315.81 Approved Change Order No. 1 $608,373.89 Approved Change Order No. 2 (time extension only) Approved Change Order No. 3 $5,402,098.04 *GMP/Lump Sum Amendment $10,711,046.41 Total Agreement Total $17,058,362.60 Funded through $10M Public Works Board low-interest loan & Water Utility revenues *DBIA: Design Build Institute of America *GMP: Guaranteed Maximum Price Pa g e 3 2 1 o f 3 7 8 Questions? Pa g e 3 2 2 o f 3 7 8 AGENDA REPORT FOR: City Council March 17, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 5/4/26 FROM: Maria Serra, Public Works Director Public Works SUBJECT: *Resolution No. 4739 - Professional Services Agreement Amendment No. 3 with Architects West for Design and Construction Services for the Martin Luther King Community Center Remodel and Expansion Project I. ATTACHMENT(S): Resolution Exhibit A Professional Services Agreement (PSA) Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION:City the authorizing 4739, No. Resolution approve to move I Manager to execute Amendment No. 3 for the professional services agreement with Architects West. for additional design services for phase 2 and 3 of the Martin Luther King Jr. Community Center Renovation and Expansion Project. III. FISCAL IMPACT: The proposed Amendment No.3 to the Professional Services Agreement (PSA) with Architects West, Inc. allows for additional design services of the Martin Luther King Jr. Community Center Renovation and Expansion Project Phase 2 and 3. The proposed amount is not to exceed $312,260.00 Original PSA $ 596,103.20 Amendment No.1 $ 22,001.00 Amendment No. 2 $ 88,810.00 Amendment No. 3 (proposed) $ 312,260.00 New PSA total $1,019,174.20 The project (various phases) was funded through a combination of state and federal grants as follows: Washington State Legislative Appropriation $980,000.00 Page 323 of 378 Federal ARPA Funds $2,500,000.00 Federal Congressional Directed Spending (CDS) $3,000,000.00 Washington State Legislative Appropriation for Phase 2 $920,000.00 All remaining funds not used in Phase 1 are allocated to remaining phases. IV. HISTORY AND FACTS BRIEF: Background On February 15, 2024, the City entered into a Professional Services Jr. King Martin the design Luther West Architects with Agreement to Community Center Renovation and Expansion Project (MLK Center), with a total estimated design and construction budget of $6.5 million. Under this agreement, Architects West prepared plans, specifications, and cost estimates, working with the City to develop final bid-ready documents. During the design phase, it became clear that the original budget would not support the full project as planned. To move forward while keeping portions of the MLK Center open to the community, City restructured the project into three phases instead of one. Architects West completed the full design for Phase 1 and began work on Phases 2 and 3 to maintain a consistent overall vision. However, completing the design for the remaining phases goes beyond the original scope of services and requires an amendment to the agreement. This phased approach also introduced additional work that was not anticipated initially. increased including coordination, project required The more design expanded options, multiple evaluation meetings, stakeholder of communication efforts, and separate cost estimates, energy code analyses, and bid documents for each phase. In addition, early building review identified safety requirements that shifted some elements from Phase 3 into Phase 2, resulting in further design revisions. These changes collectively necessitate an amendment to the agreement. Since the original agreement, the City has approved two amendments. 2024, address to June on 25, was 1 No. Amendment executed additional project requirements, including a State-mandated historical survey of the MLK Center and expanded on-site public engagement efforts. Amendment No. 2 was executed on February 14, 2025, authorizing Architects services West to provide construction administration for Phase 1 construction of the MLK Center project. Impact (other than fiscal) Page 324 of 378 The proposed amendment will authorize Architects West to complete the design for Phases 2 and 3, resulting in shovel-ready projects that can proceed to construction upon the availability of funding. V. DISCUSSION: Recommendation Staff has reviewed and recommends approval of Amendment No 3. to the PSA with Architects West Inc. in the amount of $312,260.00 for the Martin Luther King Jr. Community Center Renovation and Expansion project. The proposed Amendment No. 3 primarily addresses revisions to the project scope and design approach, impacted by the transition from a single-phase project to a three-phase implementation. The amendment also reflects increases in construction scope and costs, additional energy code analysis, and design modifications for Phases 2 and 3. These modifications include reassigning certain elements originally planned for Phase 3 to Phase 2 to address safety considerations, resulting in corresponding updates to the design of both phases. Constraints The completion of the phase 2 and 3 design plans will allow the City to be ready to commence construction as soon as funding becomes available. If the plans are not completed, the City would need to reopen the process of engaging another design consultant to complete the plans at a future date before the construction of phase 2 or 3 could commence. Next Steps Provided the Council approves the amendment, staff will work with the consultant to complete all necessary contractual documentation in the upcoming weeks. Alternatives Council may choose to reject the amendment. This is not recommended since design of the plans for phase 2 and 3 will not be completed, necessitating a new PSA agreement with a consultant to complete the plans at a later date causing further delay and rework for the design of the renovation and expansion of the MLK Community Center. Page 325 of 378 Resolution – Amend. 3 to PSA - Architects West - MLK Community Center - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.3 FOR THE PROFESSIONAL SERVICES AGREEMENT WITH ARCHITECTS WEST INC. FOR DESIGN OF THE MARTIN LUTHER KING COMMUNITY CENTER REMODELA ND EXPANSION PROJECT. WHEREAS, the City of Pasco (City) and Architects West Inc., entered into a Professional services agreement on February 15, 2024, to provide Architectural and Engineering services with respect to the Martin Luther King Community Center Remodel and Expansion Project; and WHEREAS, the City and Architects West Inc, entered into Amendment No.1 to provide additional Architectural and Engineering services on June 25, 2024; and WHEREAS, the City and Architects West Inc, entered into Amendment No.2 to provide Construction Administration Services; and WHEREAS, the change from a single phase project to a multi-phase project has increased the amount of effort to complete the design of the phase 2 and 3 of the project. 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 Amendment No. 3 with Architects West, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of Amendment No 3. between the City of Pasco and Architects West, Inc. as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Amendment No. 3 on behalf of the City of Pasco. Be It Further Resolved, that this Resolution shall take effect immediately. Page 326 of 378 Resolution – Amend. 3 to PSA - Architects West - MLK Community Center - 2 PASSED by the City Council of the City of Pasco, Washington, on this ____ day of ________________, 20__. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks Ogden Murphy Wallace, PLLC Deputy City Clerk City Attorney Page 327 of 378 Architects West, Inc. – Amendment No. 4 to PSA Martin Luther King Community Center Remodel and Expansion Services Project N0. 21 314 Version 08.15.2025 Page 1 AMENDMENT NUMBER 3 to PROFESSIONAL SERVICES AGREEMENT Martin Luther King Community Center Remodel and Expansion Services PROJECT: 21 314 AGREEMENT NO. 24-002 WHEREAS, the City and Architects West, Inc. entered into a Professional Services Agreement on 2/15/2024 to provide Architectural and Engineering services with respect to the Martin Luther King Community Center Remodel and Expansion project. WHEREAS, the City and Architects West, Inc. entered into an Amendment No. 1 to provide additional Architectural and Engineering Services on June 25, 2024. WHEREAS, the City and Architects West, Inc. entered into Amendment No. 2 to provide additional Architectural and Engineering Services as well as provide Construction Administration Services on 2/14/2025. NOW, THEREFORE, this agreement is amended to allow Architects West, Inc. to provide additional Architectural and Engineering services and extend time of performance as described in Exhibit A. 1. Scope of Work: • Change from a single-phase project to a 3-phase project: Due to this change, we have been required to divide a single project into 3 individual projects, each with their own bid documents and cost estimates. The amount of effort required to accomplish this requires additional labor beyond the original scope of work. • Increase in Construction Scope: Since the original budget of $6.5M, the construction budget and scope have doubled in value to approximately $13M. This is not due to increasing costs in the construction industry, but rather to the added magnitude of construction work desired for the new community center. • Energy Code Analysis: Division from one phase into 3 phases requires 3 individual energy code analyses in lieu of only one. T 2. Fee: The compensation for the work is based on a Time and Materials Basis not to exceed the amount of $312,260.00 for a total authorization amount of $1,019,174.20. See Exhibit A for breakdown. 3. Time of performance: Page 328 of 378 Architects West, Inc. – Amendment No. 4 to PSA Martin Luther King Community Center Remodel and Expansion Services Project N0. 21 314 Version 08.15.2025 Page 2 The services shall now be complete for the project on or before 12/31/2027. DATED THIS DAY______________________________. [date of execution] CITY OF PASCO, WASHINGTON ARCHITECTS WEST, INC. Harold L. Stewart II – City Manager Steve Roth, AIA, LEED™ , AP – Principal Page 329 of 378 3/25/2026 Construction Cost Summary $6,500,000.00 $2,535,000.00 $4,424,655.00 $6,057,750.00 $13,017,405.00 Fee Summary $596,103.20 9.2% $22,001.00 $88,810.00 $312,260 $1,019,174.20 7.8% Fee Detail Rate/Hr.Total PIC PA / ID LA DRAFT 120 100 140 240 140 180 20 20 $230.00 $4,600.00 360 $190.00 $68,400.00 240 $130.00 $31,200.00 320 $105.00 $33,600.00 $137,800.00 $155,100.00 $3,500.00 $15,860.00 $174,460.00 $312,260.00 MLK Community Center Remodel and Expansion Additional Design Service #2 NTE Extension for Phase 2 & 3 Design - REV-1 Principal In Charge (PIC) Change from 1 Design Package to 3 Packages 2x Project Scope Increase and Schedule Extension Project Management and Quality Control Original Fee Percentage New Fee Percentage Added Service - Cultural Survey and Additional Site Visits Consulting Total Architecture - Total Drafter (DRAFT) Landscape Arch. (LA) TOTAL Engineering: C/S/M/E/P/FP/ICT Energy Code Analysis - Phases 2 & 3 Phase 3 Total New NTE Fee Architect Handling @ 10% Project Architect / Interior Desginer (PA/ID) NEW CONSTRUCTION BUDGET - All Phases Original Construction Budget Phase 2 & 3 Design NTE Fee Request TOTAL Original Fee New Construction Budget - All Phases Phase 1 Phase 2 Added Service - Phase 1 CA Page 330 of 378 Pasco City Council May 4, 2026 Regular meeting Pa g e 3 3 1 o f 3 7 8 Martin Luther King Jr. Community Center Renovation and Expansion PSA Amendment No.3 May 4, 2026 Pasco City Council Pa g e 3 3 2 o f 3 7 8 Martin Luther King Jr. Community Center Renovation and Expansion PSA Amendment No.3 Pa g e 3 3 3 o f 3 7 8 Martin Luther King Jr. Community Center Renovation and Expansion PSA Amendment No.3 MLK Community Center Renovation and Expansion Professional Services Costs The proposed Amendment No.3 adds $312,260.00 and brings the total professional services agreement amount to $1,019,174.20. The added services for Amendment No.3 are summarized below: ❖Addresses revisions to project scope and design approach. ❖Reflects increases in construction scope and costs. ❖Changes in Phase 2 and 3 design for safety considerations. Staff recommends approval of PSA Amendment No.3 Pa g e 3 3 4 o f 3 7 8 Martin Luther King Jr. Community Center Renovation and Expansion PSA Amendment No.3 MLK Community Center Renovation and Expansion Professional Services Costs Professional Services Agreement Cost Original PSA $596,103.20 PSA Amendment No.1 $22,001.00 PSA Amendment No.2 $88,810.00 PSA Amendment No.3 $312,260.00 New Professional Services Agreement $1,019,174.20 Pa g e 3 3 5 o f 3 7 8 Questions? Pa g e 3 3 6 o f 3 7 8 AGENDA REPORT FOR: City Council March 27, 2026 TO: Harold Stewart, City Manager City Council Regular Meeting: 5/4/26 FROM: Maria Serra, Public Works Director Public Works SUBJECT: Resolution No. 4740 - Professional Services Agreement Amendment No 1 with RH2 Engineering for Phase 2 of the Maitland Lift Station and 9th & Washington Lift Station Improvement Projects I. ATTACHMENT(S): Resolution Exhibit A - Amendment No. 1 to Professional Services Agreement Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION:City the authorizing 4740, No. approve to move I Resolution Manager to execute Amendment No. 1 with RH2 Engineering, Inc. for design, bidding, and construction services for the Maitland Lift Station and 9th & Washington Lift Station Improvements projects. III. FISCAL IMPACT: The proposed Amendment No. 1 to the Professional Services Agreement (PSA) with RH2 Engineering, Inc. covers Design, Bidding, and Construction services of the Maitland Lift Station Improvements and the 9th & Washington Lift Station Improvements projects. The amendment has been prepared for a not to exceed amount of $294,419.00. Summary: Original PSA, (Condition Assessment) $ 54,867.00 Amendment 1 (Proposed) $294,419.00 New PSA Total $349,286.00 Sewer Utility rates are to be used for both projects. $1,000,000 has been budgeted for the design and construction of each project, for a total of $2,000,000. Both projects are included in the City's Capital Improvement Projects (CIP) and are consistent with the General Sewer Plan (AKA, Page 337 of 378 Comprehensive Sewer System Plan). IV. HISTORY AND FACTS BRIEF: Background The Maitland and 9th & Washington Sewer Lift Stations service the totality of the sewer "sanitary the from wastewater pumping by wastewater city's collection system" into the Wastewater treatment plant. Both lift stations are vital to properly delivering wastewater to the Wastewater Treatment Plant (WWTP), where flows are treated and disposed back into the Columbia River. Additionally, both lift stations have been in service since they were renovated in the late 1990's and are beginning to show signs of age. Small emerging needs were addressed in 2020, including a new pump at the Maitland lift station and the replacement of plug and check valves, a flow meter, harmonic filter, and the access hatches on top of the wet well at the 9th & Washington Lift Station. In 2025, the city issued a Request for Qualifications (RFQ) for design services for improvement Station Lift Washington Sewer 9th and Maitland the & projects. On September 29, 2025, the City entered into a Professional Services Agreement condition initial provide to an Engineering, RH2 with Inc. assessment of both lift stations (Original PSA). The resulting report states the most cost-effective solutions to increase the longevity of both lift stations. Construction improvements are anticipated to include: a new concrete wet well overlay (9th & Washington), new pumps and motors (9th & Washington as well as Maitland), replacement of check valves (Maitland), and other ancillary improvements. Amendment No. 1 provides for scope of services for RH2 Engineering, Inc. to proceed with a complete design, as well as time to assist during Construction of the two (2) previously mentioned projects. Design scope of work is to include the following improvements: 9th & Washington Lift Station: Concrete cast-in-place wet well overlay (existing wet well is ~27 years old). Pump No. 3 motor, variable frequency drive, and mechanical spool replacement. Installation of a force main bypass structure. Installation of lateral bracing for four (4) pump discharge pipes. Rehabilitation for the concrete supports for pumps no. 1 & 4. Maitland Lift Station: Replacement of the isolation and check valves in the dry pit. Add a new pump (pump no. 4) and motor. Page 338 of 378 Installation of a force main bypass tap and access structure. Replacement of the flow meter. Replacement of the pump packing water supply line between the pumps and the reduced pressure backflow assembly hotbox. Impact (other than fiscal) This project addresses aging infrastructure at both lift stations as well as making improvements to keep up with the growth that the city anticipates over the future years. Failure of the wet well and other components of the lift stations would be catastrophic to the proper delivery of wastewater to the WWTP. V. DISCUSSION: Recommendation Staff has negotiated the amendment scope and fee and believes it to be reasonable. Staff recommends approval of Amendment No. 1 to the PSA with RH2 Engineering, Inc. in the amount of $294,419.00 for the Maitland Lift Station and 9th & Washington Lift Station Improvement projects. Constraints These two facilities are critical to the overall sewer system; their reliability is key for the delivery of raw wastewater into the treatment plant. The effects of aging infrastructure and continuous growth place a burden on these two lift stations. The proposed improvements are scheduled now, preventing major failures and extending the life of the facilities. Next Steps If approved by City Council, RH2 Engineering will begin working on 100% design and specifications. Design is anticipated to be completed in 12 months and advertise for competitive bids for construction. Alternatives If the additional phase is not approved, staff will look into less expensive, temporary (band-aid) fixes to the infrastructure. Page 339 of 378 Resolution – Amend. 1 Maitland Lift Station and 9th & Washington Improvements - 1 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH RH2 ENGINEERING INC. FOR THE MAITLAND LIFT STATION AND 9TH & WASHINGTON LIFT STATION IMPROVEMENT PROJECTS. WHEREAS, the City of Pasco (City) entered a Professional Services, Hourly Fee Consultant Agreement approved by the City Manager on September 29th, 2025, to provide a technical memorandum that summarized the condition of both the Maitland Sewer Lift Station and the 9th & Washington Sewer Lift Station; and WHEREAS, an amendment has been proposed to the project to complete design and to add services during bidding and construction after staff review of the condition assessment provided from the original PSA; 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 Amendment 1 with RH2 Engineering, Inc. for providing an additional $294,419 for Design and Construction Management Support Services for said projects_. 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 PSA Amendment 1 between the City of Pasco and RH2 Engineering, Inc. as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said PSA Amendment 1on behalf of the City of Pasco. Be It Further Resolved, that this Resolution shall take effect immediately. Page 340 of 378 Resolution – Amend. 1 Maitland Lift Station and 9th & Washington Improvements - 2 PASSED by the City Council of the City of Pasco, Washington, on this ____ day of ________________, 20__. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks Ogden Murphy Wallace, PLLC Deputy City Clerk City Attorney Page 341 of 378 1 3/23/2026 1:18:01 PM J:\Data\PSC\00-BusDev\2026 Maitland Lift Station and 9th and Washington Lift Station Improvements\PSA_SOW_Maitland LS and 9th & WA LS Improvements PH2.docx EXHIBIT A Scope of Work City of Pasco Maitland Lift Station and 9th & Washington Lift Station Improvements Phase 2 March 2026 Background The City of Pasco’s (City) Maitland Lift Station and 9th & Washington Lift Station pump all wastewater from the collection system to the City-owned wastewater treatment plant. Both of these lift stations are critical to the City’s wastewater system, and both facilities support significant portions of the City’s service area. The City retained RH2 Engineering, Inc., (RH2) in 2025 to perform a condition assessment of the wet wells and to prioritize the design and construction of improvements at each facility. This Scope of Work is for Phase 2 of this project, which includes bid-ready design, services during bidding, and services during construction. General Assumptions The following assumptions were made when preparing this Scope of Work: • RH2 will rely upon the accuracy and completeness of information, data, and materials generated or produced by the City or others in relation to this Scope of Work. RH2 assumes that the entity providing such information to RH2 is either the owner of such information or has obtained written authorization from the owner to distribute said information. • Deliverables will be submitted in electronic format (PDF) unless otherwise noted. • The proposed improvements include equipment replacements or connections to existing infrastructure that can be field fit by a contractor. A survey is not anticipated to be necessary to adequately design the proposed improvements. • A single set of plans and specifications will be prepared that includes the improvements for both the Maitland Lift Station site and the 9th & Washington Lift Station site. The Engineer’s opinion of probable construction cost (OPCC) and schedule of values will include a separate bid schedule for each site. The improvements at each site are shown as separate tasks in this agreement for contractor bidding and City budgetary tracking purposes. • Meetings will take place at Pasco City Hall, and RH2 will prepare and transmit meeting agendas and minutes unless otherwise noted. Review meetings for the Maitland LS and 9th and Washington LS will be combined into single meetings for each review milestone. Page 342 of 378 City of Pasco Exhibit A Maitland Lift Station and 9th & Washington Lift Station Improvements – Phase 2 Scope of Work 2 3/23/2026 1:18:01 PM J:\Data\PSC\00-BusDev\2026 Maitland Lift Station and 9th and Washington Lift Station Improvements\PSA_SOW_Maitland LS and 9th & WA LS Improvements PH2.docx Phase 2 – Bid-Ready Design, Services During Bidding, and Services During Construction Task 1 – Maitland Lift Station Improvements Objective: Design improvements at the Maitland Lift Station site consistent with the list of improvements presented at the March 12, 2026, meeting between the City and RH2, including the following: • Replace the isolation and check valves in the dry pit. • Add a new Pump No. 4 and motor. • Install a force main bypass tap and access structure. • Replace the flow meter. • Replace the pump packing water supply line between the pumps and the reduced pressure backflow assembly hotbox. Approach: Attend one (1) site visit with City staff. Prepare an existing site and utility plan with available topographic and utility information, including information included on the facility record drawings (previously provided to RH2). Prepare a proposed site and utility plan identifying the proposed site and mechanical improvements. Model the downstream force main to confirm the proposed design point of the proposed Pump No. 4. Prepare a detail for the proposed mechanical improvements within the dry pit. Prepare electrical engineering plans related to the installation of the proposed Pump No. 4. Prepare plan set cover, general notes, mechanical details, and related plan sheets as applicable. Prepare 60-percent design plans and an OPCC for City review. Attend one (1) meeting with the City to review the 60-percent deliverables. Prepare meeting agenda and minutes. Prepare technical specifications in RH2’s standard format and front-end bidding documents using the City’s standard forms. Incorporate the City’s 60-percent review comments into the design plans. Prepare 90-percent design plans, specifications, and OPCC for City review. Attend one (1) meeting with the City to review the 90-percent deliverables. Prepare meeting agenda and minutes. Incorporate the City’s 90-percent review comments and prepare bid-ready plans, front-end documents, technical specifications, and OPCC. Page 343 of 378 City of Pasco Exhibit A Maitland Lift Station and 9th & Washington Lift Station Improvements – Phase 2 Scope of Work 3 3/23/2026 1:18:01 PM J:\Data\PSC\00-BusDev\2026 Maitland Lift Station and 9th and Washington Lift Station Improvements\PSA_SOW_Maitland LS and 9th & WA LS Improvements PH2.docx Provide direction and coordination to the RH2 project team. Coordinate technical disciplines as described herein and implement quality assurance and quality control (QA/QC) reviews. Provide project management services, including RH2 staffing, invoice review, budget tracking, and file management. Provide monthly status updates. Coordinate with City staff regarding schedule and progress. Assumptions: • No permits will be needed for the improvements. • It is assumed that the City’s current hydraulic sewer model is in RH2’s possession. Provided by City: • Attendance at one (1) site visit. • 60-percent review comments and attendance at one (1) review meeting. • 90-percent review comments and attendance at one (1) review meeting. RH2 Deliverables: • Attendance at one (1) site visit. • 60-percent design plans and OPCC. • Attendance at 60-percent design review meeting and meeting agenda and minutes. • 90-percent design plans, specifications, and OPCC. • Attendance at 90-percent design review meeting and meeting agenda and minutes. • Bid-ready plans, specifications, and OPCC. • Monthly invoices. Task 2 – 9th & Washington Lift Station Improvements Objective: Design improvements at the 9th & Washington Lift Station site consistent with the list of improvements presented at the March 12, 2026, meeting between the City and RH2, including the following: • Improve the concrete wet well liner per Alternative No. 3 of the Condition Assessment Technical Memorandum (February 26, 2026) prepared by RH2. • Replace Pump No. 3, motor, variable frequency drive, and mechanical spools. • Install a force main bypass access structure. • Install lateral bracing for four (4) pump discharge pipes. • Rehabilitate the concrete support for Pumps Nos. 1 and 4. Page 344 of 378 City of Pasco Exhibit A Maitland Lift Station and 9th & Washington Lift Station Improvements – Phase 2 Scope of Work 4 3/23/2026 1:18:01 PM J:\Data\PSC\00-BusDev\2026 Maitland Lift Station and 9th and Washington Lift Station Improvements\PSA_SOW_Maitland LS and 9th & WA LS Improvements PH2.docx Approach: Attend one (1) site visit with City staff. Prepare an existing site and utility plan with available topographic and utility information, including information included on the facility record drawings (previously provided to RH2). Prepare a proposed site and utility plan identifying the proposed site , mechanical, and structural improvements. Prepare details for the proposed mechanical, structural, and electrical improvements within the dry well structure. Prepare structural engineering details and plan sheets for the wet well improvements. Prepare electrical engineering plans related to the replacement of the Pump No. 3 and its related equipment. Prepare plan set cover, general notes, mechanical details, and related plan sheets as applicable. Prepare 60-percent design plans and an OPCC for City review. Attend one (1) meeting with the City to review the 60-percent deliverables. Prepare meeting agenda and minutes. Prepare technical specifications in RH2’s standard format and front-end bidding documents using the City’s standards forms. Incorporate the City’s 60-percent review comments. Prepare 90-percent design plans, specifications, and OPCC for City review. Attend one (1) meeting with the City to review the 90-percent deliverables. Prepare meeting agenda and minutes. Incorporate the City’s 90-percent review comments and prepare bid-ready plans, front-end documents, technical specifications, and OPCC. Provide direction and coordination to the RH2 project team. Coordinate technical disciplines as described herein and implement QA/QC reviews. Provide project management services, including RH2 staffing, invoice review, budget tracking, and file management. Provide monthly status updates. Coordinate with City staff regarding schedule and progress. Assumptions: • No permits will be needed for the improvements. Provided by City: • Attendance at one (1) site visit. • 60-percent review comments and attendance at one (1) review meeting. • 90-percent review comments and attendance at one (1) review meeting. Page 345 of 378 City of Pasco Exhibit A Maitland Lift Station and 9th & Washington Lift Station Improvements – Phase 2 Scope of Work 5 3/23/2026 1:18:01 PM J:\Data\PSC\00-BusDev\2026 Maitland Lift Station and 9th and Washington Lift Station Improvements\PSA_SOW_Maitland LS and 9th & WA LS Improvements PH2.docx RH2 Deliverables: • Attendance at one (1) site visit. • 60-percent design plans and OPCC. • Attendance at 60-percent design review meeting and meeting agenda and minutes. • 90-percent design plans, specifications, and OPCC. • Attendance at 90-percent design review meeting and meeting agenda and minutes. • Bid-ready plans, specifications, and OPCC. • Monthly invoices. Task 3 – Services During Bidding Objective: Assist the City with the bidding and award process for the construction of the improvements. It is assumed that the City will advertise the project and be the main point of contact for bidders. RH2 will refer all interested bidders with questions to the City. Approach: Respond to contractor or supplier technical questions during bidding . It is assumed that the City will respond to procedural questions. Attend a pre-bid walkthrough at each lift station site with the City and prospective contractors. Prepare up to two (2) addenda to clarify, revise, or change the construction plans, technical specifications, or project conditions during the bidding process. Create electronic conformed for construction contract documents for the contractor. No hard copies will be produced by RH2. Provide project management services, including RH2 staffing, invoice review, budget tracking, and file management. Provide monthly status updates. Coordinate with City staff regarding schedule and progress. Assumptions: • The City will be responsible for drafting and submitting the advertisement to the appropriate publications and paying all associated fees directly. The bid documents will be distributed by an online plan center and no hard copies will be provided to bidders. • The City will take the lead role during bidding, will receive all bidder questions, and will record them for forwarding to RH2 at the City’s discretion. • If warranted, the City will attend and manage a pre-bid meeting. RH2 will not attend. • The City will conduct the bid opening. It is assumed that RH2 will not attend. • The City will prepare and distribute the bid tabulation. Page 346 of 378 City of Pasco Exhibit A Maitland Lift Station and 9th & Washington Lift Station Improvements – Phase 2 Scope of Work 6 3/23/2026 1:18:01 PM J:\Data\PSC\00-BusDev\2026 Maitland Lift Station and 9th and Washington Lift Station Improvements\PSA_SOW_Maitland LS and 9th & WA LS Improvements PH2.docx • The City will review insurance documents in the bid package(s) and be responsible for construction contract execution. Provided by City: • Bid advertisement and payment of fees directly. • Receive and record bidder questions. • Conduct the bid opening and distribute the bid tabulation. • Construction contract execution. RH2 Deliverables: • Responses to contractor or supplier questions via telephone or email. • Attendance at pre-bid walkthroughs. • Up to two (2) addenda. • Conformed for construction contract documents. Task 4 – Services During Construction (Limited) Objective: Provide professional services to the City during construction of the improvements. Approach: Attend one (1) pre-construction conference and prepare and distribute the meeting invitations, agenda, and minutes. Consult with the City on construction costs, scheduling, and constructability issues. Review shop drawings and catalog submittals of items requested in the technical specifications. Provide a written response to the contractor and the City accepting or rej ecting each shop drawing and reviewed catalog submittal. Review written requests for information (RFIs) and change order proposals, and provide written responses to the contractor and the City. Provide part-time on-site construction observations as directed by the City. This subtask assumes that RH2 will provide up to two hundred thirty-four (234) hours of support, estimated as follows: ten (10) hours of scheduling, coordination, and administration of RH2 staff and resources; eighty (80) hours of submittal review; four (4) hours of resubmittal review; twenty (20) hours of combined RFI and change order reviews; one hundred (100) hours of part-time on-site observation as requested/directed by the City; and twenty (20) hours of additional phone, email, meeting, or other related communication and support. It is assumed that the City will lead all construction contract administration, including processing contractor pay requests, coordinating special materials testing, and providing full-time inspection. Assist with startup, testing, and project closeout. Coordinate with the contractor, the City, and manufacturer’s representatives of the proposed equipment for the scheduled testing and startup activities. Review testing protocols developed by the contractor and manufacturer’s representatives, and review of the tests and corrections. Document activities during startup Page 347 of 378 City of Pasco Exhibit A Maitland Lift Station and 9th & Washington Lift Station Improvements – Phase 2 Scope of Work 7 3/23/2026 1:18:01 PM J:\Data\PSC\00-BusDev\2026 Maitland Lift Station and 9th and Washington Lift Station Improvements\PSA_SOW_Maitland LS and 9th & WA LS Improvements PH2.docx and coordinate with the contractor per their compliance with the plans and specifications. Notify the contractor and the City of work that has not been completed by the contractor and discuss contractor rectification. Attend a final on-site walkthrough with City staff and prepare an email documenting the facility testing status and punchlist items. The City will prepare and submit construction completion documentation to regulatory agencies. Prepare record drawings representative of the as-constructed project. Record drawings will be completed based upon contractor markups to the conformed for construction drawings. Provide record drawings for City records. Provide project management services, including RH2 staffing, invoice review, budget tracking, and file management. Provide monthly status updates. Coordinate with City staff regarding schedule and progress. Assumptions: • RH2 is not responsible for site safety, or for determining means and methods or directing others in the performance of this Scope of Work. Provided by City: • Attendance at pre-construction conference and final walkthrough. • Construction contract administration, including pay requests and special materials testing. • Full-time inspection. • Project closeout and construction completion documentation to regulatory agencies. RH2 Deliverables: • Attendance at pre-construction conference and invitation, agenda, and minutes. • Written responses to shop drawings, RFIs, and change order proposals. • Part-time on-site observations and observation reports. • Attendance at startup and testing. • Attendance at final walkthrough. • Punchlist. • Construction record drawings. Project Schedule It is anticipated that RH2 will receive notice to proceed on Phase 2 in April 2026. Based on the following timelines, the bid-ready documents are anticipated to be completed in Q4 2026. RH2 anticipates delivery of the 60-percent design deliverables within ten (10) weeks of receipt of the notice to proceed. Page 348 of 378 City of Pasco Exhibit A Maitland Lift Station and 9th & Washington Lift Station Improvements – Phase 2 Scope of Work 8 3/23/2026 1:18:01 PM J:\Data\PSC\00-BusDev\2026 Maitland Lift Station and 9th and Washington Lift Station Improvements\PSA_SOW_Maitland LS and 9th & WA LS Improvements PH2.docx RH2 anticipates delivery of the 90-percent design deliverables within eight (8) weeks of receipt of the City’s 60-percent design comments. RH2 anticipates delivery of the bid-ready deliverables within six (6) weeks of receipt of the City’s 90-percent design comments. Design review meetings shall be held within seven (7) calendar days of RH2’s submittal of each design milestone’s deliverables. City comments on design deliverables shall be provided within seven (7) calendar days of receipt of said documents. Page 349 of 378 EXHIBIT B Fee Estimate City of Pasco Maitland Lift Station and 9th & Washington Lift Station Improvements Phase 2 Mar-26 Description Total ALL Hours Total ALL Labor Total RH2 Expense Total Cost Task 1 Maitland Lift Station Improvements 363 83,612$ 4,845$ 88,457$ Task 2 9th and Washington Lift Station Improvements 471 105,286$ 5,760$ 111,046$ Task 3 Services During Bidding 56 13,006$ 836$ 13,842$ Task 4 Services During Construction (Limited)334 75,642$ 5,433$ 81,075$ PROJECT TOTAL 1,224 277,546$ 16,873$ 294,419$ J:\Data\PSC\00-BusDev\2026 Maitland Lift Station and 9th and Washington Lift Station Improvements\PSA_FEE_Maitland LS and 9th & WA LS Improvements PH2 3/23/2026 1:35 PMPage 350 of 378 RATE LIST RATE UNIT Professional I $179 $/hr Professional II $196 $/hr Professional III $217 $/hr Professional IV $240 $/hr Professional V $256 $/hr Professional VI $274 $/hr Professional VII $298 $/hr Professional VIII $324 $/hr Professional IX $328 $/hr Technician I $138 $/hr Technician II $152 $/hr Technician III $172 $/hr Technician IV $186 $/hr Technician V $205 $/hr Technician VI $224 $/hr Technician VII $243 $/hr Technician VIII $254 $/hr Administrative I $93 $/hr Administrative II $108 $/hr Administrative III $127 $/hr Administrative IV $151 $/hr Administrative V $178 $/hr CAD/GIS System $27.50 $/hr CAD Plots - Half Size $2.50 price per plot CAD Plots - Full Size $10.00 price per plot CAD Plots - Large $25.00 price per plot Copies (bw) 8.5" X 11"$0.09 price per copy Copies (bw) 8.5" X 14"$0.14 price per copy Copies (bw) 11" X 17"$0.20 price per copy Copies (color) 8.5" X 11"$0.90 price per copy Copies (color) 8.5" X 14"$1.20 price per copy Copies (color) 11" X 17"$2.00 price per copy Technology Charge 2.50%% of Direct Labor Night Work 10.00%% of Direct Labor Mileage $0.7250 price per mile (or Current IRS Rate) Subconsultants 15%Cost + Outside Services at cost EXHIBIT C RH2 ENGINEERING, INC. 2026 SCHEDULE OF RATES AND CHARGES Rates listed are adjusted annually. Page 351 of 378 Pasco City Council May 4, 2026 Regular Meeting Pa g e 3 5 2 o f 3 7 8 Maitland Lift Station and 9th & Washington Lift Station Improvement projects Professional Services Agreement Amendment No. 1 May 4, 2026 Pasco City Council Pa g e 3 5 3 o f 3 7 8 Project Locations Pa g e 3 5 4 o f 3 7 8 9th & Washington Lift Station Maitland Lift Station Lift Station Photos Pa g e 3 5 5 o f 3 7 8 Maitland and 9th & WA Phase 2 The proposed Amendment 1 adds $294,419.00 to the project and brings the total professional services agreement amount to $349,286.00. The added services in Amendment 1 are summarized below: ❑Task 1 – Maitland Lift Station Improvements (Bid-Ready Design) ❑Task 2 – 9th & Washington Lift Station Improvements (Bid-Ready Design) ❑Task 3 – Services During Bidding ❑Task 4 – Services During Construction (Limited) The professional services agreement was verified as necessary and negotiated with City staff. Staff recommends approval of PSA Amendment No. 1. Pa g e 3 5 6 o f 3 7 8 Maitland and 9th & WA Phase 2 Professional Services Agreement Cost Original PSA $ 62,265.00 PSA Amendment No. 1 $ 251,923.00 New Professional Services Agreement $314,188.00 Professional Services Agreement Cost Original PSA (Condition Assessment)$ 54,867.00 PSA Amendment No. 1 $ 294,419.00 New Professional Services Agreement $349,286.00 Pa g e 3 5 7 o f 3 7 8 Questions? Pa g e 3 5 8 o f 3 7 8 AGENDA REPORT FOR: City Council TO: Harold Stewart, City Manager City Council Regular Meeting: 5/4/26 FROM: Maria Serra, Director Public Works SUBJECT: *Resolution No. 4741 - Approval of BNSF Advanced Purchase of Materials I. ATTACHMENT(S): Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approved Resolution No. 4741, authorizing the City Manager to approve the BNSF Advanced Purchase of Materials and Notice to Proceed for reviews. III. FISCAL IMPACT: Estimated Cost: $2M - $2.5M Anticipated BNSF costs for railroad materials purchase and services associated with the City's demolition of Lewis Street Underpass Revenue: $3.5M Public Works Board Funding in the form of a low interest loan (50% forgivable Principal) IV. HISTORY AND FACTS BRIEF: Background The Lewis Street Underpass, originally constructed in 1937, was functionally replaced by the new overpass opened in April 2024. Removal of the existing underpass is the final step in completing the corridor improvements and fulfilling commitments made by the City as part of the easement agreement with BNSF. On March 2, 2026, City Council authorized a $3.5 million low-interest loan through the Public Works Board to fund the demolition project. The project is Page 359 of 378 now advancing into the next phase, which includes submitting 30% design plans to BNSF for review. This early coordination is necessary to confirm design assumptions, address railroad requirements, and identify any constraints related to operations, safety, and construction sequencing within the railroad right-of-way. To maintain the project schedule, BNSF must begin its review process and procure long-lead materials in advance of construction. Construction within the BNSF right-of-way is limited to a window ending in late September, after which railroad activities are significantly restricted due to peak agricultural freight operations. These constraints make early authorization critical to avoid delays and ensure the project can be constructed within the allowable timeframe. Approval of this resolution authorizes the City Manager to provide up to $2.5 million to BNSF for advance material procurement and related coordination efforts. This action supports timely project delivery, reduces schedule risk, and ensures the City meets its contractual obligations with BNSF. Impacts (other than fiscal) This effort advances key elements of the project, including coordination with BNSF to review design plans, confirm constructability, and identify railroad- specific requirements. Early engagement minimizes the risk of redesign and supports efficient progression to final design. Issuing the Notice to Proceed (NTP) allows BNSF to initiate formal review and procure long-lead materials necessary for work within the railroad corridor. Given the extended timelines for railroad coordination and material acquisition, this step is essential to keep the project on schedule. V. DISCUSSION: Recommendation Staff recommends providing Notice to Proceed (NTP) to BNSF for advanced acquisition of materials and begin reviews of documentation for the demolition of the Lewis Street Underpass within BNSF right-of-way. Constraints Construction within the BNSF right-of-way is limited to a window ending in late September. Beyond that, BNSF restricts activities during the fall season due to peak agricultural freight operations, significantly limiting access and work within the corridor. Next Steps Design coordination is underway, including submission of 30% plans and Page 360 of 378 confirmation of construction sequencing. Completion of design and the competitive bidding process is anticipated in early summer. The overall project timeline remains dependent on BNSF review, approval, and permitting. If the 2026 construction window cannot be met, construction would be deferred to 2027. BNSF reviews are being scheduled, and upon issuance of the NTP, BNSF to required materials railroad of procurement advanced begin will support demolition and restoration activities. Public outreach to downtown stakeholders regarding project scope and schedule is anticipated to begin in May; a communication plan has been prepared and awaiting this action. Alternatives Council may choose to delay authorization; however, doing so would likely result in missing the 2026 construction window and deferring the project to 2027. Page 361 of 378 Resolution - BNSF Advance Order of Materials- 1 RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO APPROVE THE BNSF RAILWAY ADVANCED PURCHASE OF MATERIALS AND NOTICE TO PROCEED FOR REVIEWS FOR THE LEWIS STREET UNDERPASS DEMOLITION PROJECT. WHEREAS, the Lewis Street Underpass, originally constructed in 1937 was replaced with a new Overpass which opened in April 2024; and WHEREAS, the underpass structure is planned for removal to complete the corridor improvements and meet the commitments the City entered into with BNSF as the Easement acquisition for placing of the Overpass; WHEREAS, on March 2, 2026, the City Council authorized the City Manager to enter into a $3.5 million low interest loan agreement with the Public Works Board for the demolition of the Lewis Street Underpass; and WHEREAS, in order for the City to progress the project, BNSF must order materials in advance of the project commencement; and WHEREAS, the project requires detailed reviews and coordination between the City’s design team and BNSF to meet conditions and align sequencing of the activities within the BNSF Right-of-way; 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 approve BNSF expenditures for the Lewis Street Underpass Demolition Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the that the City Council hereby authorizes the City Manager to expend funding from the City of Pasco to BNSF Railway; and to make minor substantive changes as necessary to progress the Project. Be It Further Resolved, that this resolution shall take effect immediately. Page 362 of 378 Resolution - BNSF Advance Order of Materials- 2 PASSED by the City Council of the City of Pasco, Washington, on this ____ day of ________________, 20__. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks Ogden Murphy Wallace, PLLC Deputy City Clerk City Attorney Page 363 of 378 Page 1 of 12 TO: Mayor, Charles Grimm Members of the City Council FROM: Harold Stewart, City Manager DATE: May 4, 2026 City Manager: Saturday May 2nd will be the community Cinco de Mayo Festival downtown at Peanuts Park. Thank you to the Parks Staff and community partners, such as the Latin Business Association, for organizing this year’s event. The third public outreach meeting was held for input on the LRA Housing matter. The final scheduled meeting will be held on May 6th at noon in the City Council Chambers. Virtual attendance is available for this final meeting. 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. Agreements are being negotiated. 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. On March 3rd the CMO office received a letter from the County Administrator and a check for $1 buying out the City’s interest in the HAP O Center as per the ILA and asserting full control of the Center. Staff is working with legal to assess the legality of the action and any potential recourses. 3. Animal Shelter- Serves the entire Tri-Cities. Cost sharing between the three jurisdictions needs re-evaluated and agreed upon. In addition, some issues have arisen with the old facility that will require significant investment to repair. Staff is preparing and identifying the anticipated needs and associated costs to discuss with Council in the near future. A deeper conversation amongst the Tri-Cities city managers has begun regarding the needs and structure of the Shelter going forward. 4. Transportation Benefit District- Staff is proceeding with the creation of the TBD Governing Board. Governing Board has been created and action of approving the tax/fee is next. 5. Hiring City Attorney-Qualified candidate withdrew application after accepting another position. CMO is considering other alternatives. 6. Hiring of Police Chief-Recruiting firm has been selected and the process has begun. 7. Grievances/Personnel Matters Page 364 of 378 Page 2 of 12 8. 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. 9. Evaluating Executive Structure (CM, DCM, ACM) and responsibilities-Ongoing. Potential redistribution of department reporting structure. 10. Consideration of annexation into Library District -Library District Transition-Negotiate and execute agreement/s with Mid-Columbia Libraries governing their continued use of City-owned facilities, with clear terms addressing maintenance responsibilities, liability, and any cost-sharing arrangements. Continuing engagement with Frankli n County Assessors’ Office to ensure levy application is executed smoothly. 11. 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 conv ersion projects, and potential residential incentives to promote xeriscaping. 12. Court Street Traffic Concerns- Final action/discussion by Council is being prepared by staff to install traffic pillows and the necessary budget amendment. 13. Pop up Vendors- Ongoing monitoring by staff and coordination with the Health District. Staff will prepare a budget amendment to pay for evening and weekend enforcement. This will also be discussed as part of the FY 2027/28 budget process for inclusion. Public Health District will be presenting again on this to the Council and community soon. 14. FY 27/28 Budget-Staff had its budget kickoff meeting, focusing on absolute zero-based budgeting with resource assessments for all programs/services City currently provides. 15. Public Dollars for Public Benefit- This item was tabled by Council until January 2027 . 16. Aquatics Facility- Staff is working on staffing and hiring needs and coordinating with the PFD regarding an achievable date for opening the facility which a llows for proper training of staff. • 1st hiring event we hired 49 lifeguards • 2nd hiring event we hired 25 lifeguards • We are anticipating approximately 20 more returners o We need to hire 40 more in order to meet schedule demands • We have hired the Aquatics Manager, Tony Tuck • We have promoted Dan Tomlinsen to Lead Aquatics Specialist • They are interviewing for the Guest Services Coordinator this week The group will be planning another hiring event and will be discussing when this week. 17. Community Survey – The survey is live on the website and available in English and Spanish. Staff is working with OnPointe Insights to prepare a draft report with the results . 18. Employee Survey – We are now in the next phase of engagement and working on developing the Employee Survey. Kick off meeting with OnPoint e Insights and the Employee Survey Committee was held on 4/8/26. Survey is anticipated to be finalized by end of May. 19. Essential Public Facilities and LRAs- Public engagement meetings have been scheduled and dates, locations and times are available on the City website (LRA Housing Website) and social media outlets. 20. Capital Improvement Plan (CIP)/Transportation Improvement Program (TIP) - The City of Pasco scheduled two public engagement meetings to gather community input on updates to CIP and TIP. The first meeting was held on April 8 at 12:00 PM at City Hall, with both virtual and in-person attendance options available. The second opportunity for community members to participate in-person was held on April 14 at 4:00 PM at Rey Reynolds Middle School. Staff is finalizing the CIP for Council discussion and approval. Page 365 of 378 Page 3 of 12 21. Crash Prevention Zone - Staff is researching appropriate legal steps to implement Crash Prevention Zone within the City. 22. Joint Council & Legislative Entity Meetings - During a recent council meeting, there was discussion around coordinating joint Council and legislative entity meetings with key local partners. Council provided potential entities for these meetings to bring up for consideration. These meetings are intended to help strengthen relationships, align on shared priorities, and support Council’s goals and objectives moving forward. Staff is requesting direction from Council on which entities to proceed coordinating a nnual meetings and to work alongside to build a collaborative agenda. a. Pasco Chamber b. Pasco School District Board c. Franklin County d. Port of Pasco e. Mid-Columbia Libraries Board f. Union Gospel Mission (UGM), Clean Sweep, & U -Turn for Christ g. LBA h. Visit Tri-Cities i. Tri-City Hispanic Chamber of Commerce j. Downtown Business Roundtable k. Public Health District Meetings attended since the last report: Communication meetings with the Mayor, Mayor Pro Tem, and all Council members; various meetings with developers for Broadmoor; Legislative Session Wrap-up Luncheon; BCES Executive Board meeting; National Arbor Day Tree planting at Palomino Park; communication meeting with Municipal Court Judge; LRA meetings with State legislators; budget meetings; Pasc o Chamber Board of Directors meeting; HAPO Advisory Board meeting; quarterly visits with downtown business owners ; LRA Housing outreach meeting; Cinco De Mayo Festival; and many other internal communication and project meetings. Interim Parks & Recreation Director, Angela Pashon Tri-Cities Animal Services: General Information • Onboarded new Animal Control Officer John Sandoval April 13. • National Animal Care and Control Appreciation week was April 12 -18. • National Volunteer Appreciation Week is April 19-25. Monthly Stats • Current Animals in Care: 143 • Dogs: 66 Dogs • Cats: 77 Cats • Animals Impounded: 128Cats/117Dogs = 245 • Animals Released: 106Cats/115Dogs = 221 • Animal Control Cases: 243 Community Outreach and Education • Jenny’s Hope Adoption Event April 25. • Robert Frost School Career Fair April 30. • Cinco De Mayo May 2. • Fur Babies and the Fuzz May 9 from 10am-2pm at Tri-Cities Animal Services Page 366 of 378 Page 4 of 12 • POPP Pooch and Pal Run Event May 16. • Girl Scouts Visit May 16 Flea Market Update • We have received complaints (formal and informal) about the selling of animals and the conditions the animals are kept in at the flea market the past couple of years. Formal complaints receive a follow up by an ACO. Informal complaints generally come via s ocial media but as these are after the fact it is difficult to review the conditions outside of photos. We encourage citizens to contact Animal Control vs. posting on social media after the fact. • Animal Control met with code enforcement and police last spring to discuss their protocols and this year Animal Control is proactively reaching out to the Flea Market manager in hopes to develop a working relationship similar to code enforcement. Additiona lly, an ACO will do random walk throughs to support education and if necessary enforcement. Recreation Services: General Information • Edits of the currently registered Cinco de Mayo Parade participants are nearly completed. Some descriptions had to be shortened to keep the parade flowing smoothly. E-mails were sent to those entrants that required modifications, and all but one have responded. Sponsorships • STCU – $10,000 – Cinco de Mayo Signature Sponsor • In-Kind Sponsorship - WA Green Hydroseeding - $3,000 + Donated Staff Labor – Pasco Sporting Complex – Soccer Facility Aquatics Page 367 of 378 Page 5 of 12 • Finalist interviews completed for Aquatics Manager position • Reopened pool to Swim team rentals after pool dome removed • Aquatics Center o Recruitment underway for: ▪ Lifeguards ▪ Headguards ▪ Aquatics Program Coordinator ▪ Aquatics Guest Services Coordinator ▪ Facility Maintenance Worker o Safety Plans are in progress o Inside self-service vendor selected o RFP for outdoor concessions posted 4/22 o RFP for landscape/grounds maintenance being drafted o Develop of Aquatics Division policies underway o Procuring supplies & training materials o Rates being presented to Pasco Public Facilities District (PPFD) 4/28 o Budget Amendment coming to Council 5/4; budget amendment to PPFD 5/18 o Developing phone tree and recordings o Grand opening event planning underway Special Events • Cinco De Mayo – Holding final planning meetings, 70+ vendors registered, 50+ Parade participants registered. • Fan Zones – Selected and Signed Marketing proposals Adult Programs and Leagues • Craft Corner – Senior focused free, drop-in program held at the Pasco First Ave Center on the second Thursday of each month. It provides a welcoming space for community members to engage in creative activities – 20 participants in April. Youth Programs and Leagues • The After School Program (ASP) continues to work with the Pasco School District for transportation from four elementary schools, which provides transportation to our After School program. WSU extension office provides activities two times per month for the ASP. Pasco Library provides activities two times per month for the ASP. • Sip & Paint Program – Successful April session – Full with 20 participants and 2 on the waitlist. Sip & Paint program features spring -themed flowers and creative activities. Nonalcoholic beverages are provided. • All Sport Spring Break Clinic - Participants learned the fundamentals of multiple sports in a fun and supportive environment, including grass volleyball, soccer, lacrosse, and flag football. Averaged 18 participants per day. Parks: Parks & Blvds. • Irrigation start up, experiencing several mainline breaks and repairs • Dry spring conditions are impacting park conditions. Staff are working to bring up conditions to desired levels. • Drinking fountain start ups • Bathrooms are open as of 4/1, a handful of incidents resulting in vandalism • Clean up of illegal dumping and encampments Page 368 of 378 Page 6 of 12 • Preparations for Arbor Day @ Palomino Park 4/24 CIP/Projects Updates • 2026 Downtown Clean-Up services have been contracted and are underway • Smart clock installation taking place • Removal of 8 Pine trees at PW • MLK Landscape clean up • Irrigation pump and filter repairs Athletic Fields • Tournament preps and support • Soccer field painting • Fertilization • Sign built at Burden Soccer Complex Facilities: Cartegraph Work Order Monthly Stats • 197 completed last month (HVAC Filter Change) • 129 completed this month Cemetery • 6 funerals last month • 4 funerals this month • 24 funerals this year Special Events (completed this month and upcoming next month) • Planning process for Memorial Day underway: Color Guard and bugler secured Projects • Disassemble the pool dome (pictures below) • Treated Animal Control for a roach infestation • Charged all park restroom buildings and opened for the season • Annual inspections for boilers, fire extinguishers and AEDs • We had the Kiwanis k-kids volunteer to work in the Pet Cemetery planting flowers and bushes April 18th Page 369 of 378 Page 7 of 12 Page 370 of 378 Page 8 of 12 Interim IT Director, Bill Crane Active Projects (In Progress) Community Services (Citizen-Facing) • Police Department Axon Fusus (91%) – Police Real-Time Crime Center platform integrating live video, AI insights, and public/private feeds. o Initiative: Community Safety o Status: Camera configuration completed. Drones have been integrated entering troubleshooting phase. Page 371 of 378 Page 9 of 12 • Gesa Stadium IT Infrastructure (96%) – New stadium IT build (access control, cameras, fiber, door systems). o Initiative: Quality of Life o Status: Video encoder installed. Door strikes received, pending installation. Citywide Initiatives: • Validated Architecture Design Review (VADR) (40%) – Addressing Cybersecurity issues in Pasco’s water infrastructure SCADA systems. o Initiative: Cybersecurity o Status: 14 of 35 actions taken; remediation ongoing. • AD Automation (55% - unchanged) – Automating new employee account creation using New World data to speed up onboarding and reduce manual work. o Initiative: Automation & Process Improvement o Status: Applications Team is finishing their work before hand off to Operations for configuration then implementation • Laserfiche Invoice Workflow (99%) – “Scan and Toss” Account Payable (AP) workflow automation. o Initiative: Lean Process Improvement o Status: Project placed on hold per direction from Finance. • Change Management (95% - Unchanged) – Formalizing IT change control process. o Initiative: Governance & Process Improvement o Status: Pending remaining user adoption. Operations team has implemented the new process for all new changes • Intune (65%) – 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: Intune for PD Windows machines completed. Remainder of City Windows machines will require configuration. Entering testing phase for IOS device MDM migrations. Departmental Support: • Cisco Umbrella (17% - Unchanged) – DNS security and web filtering for internet traffic. o Initiative: Cybersecurity o Status: Latency issues are still being worked. We have created tickets with Cisco to resolve. Seeking Cisco support for initial configuration. • Barracuda (99%) – Managing Barracuda Message Archiver storage (currently 95% full). o Initiative: Storage & Compliance o Status: Storage utilization holding at 91%. Updates to record -retention rules are also being developed that would allow some messages to be kept for a shorter time in the future, helping reduce storage use. A new Server has been ordered with larger capacity. • GIS Enterprise Server Geo-Database Migration (90% - Unchanged) – ESRI consulting to stabilize GIS infrastructure. Page 372 of 378 Page 10 of 12 o Initiative: GIS Optimization o Status: Finalizing the remaining layers, Server upgrade to 11.5 is complete • Cartegraph Facility Module (98%) – Migrating facility assets into new dedicated Cartegraph module. o Initiative: Facilities Modernization o Status: All assets have been transferred to the new module. Finalizing changes based on facilities feedback • HR Benefits Self Service Phase 1 (5%) – Implementing a self-service benefits module that allows employees to enroll in benefits online. o Initiative: HR & Payroll Modernization o Status: Kickoff is complete. Backend configuration in progress. • HR Benefits Self Service Phase 2 (Information Gathering) –Evaluating an automation that will allow HR to send required employee benefits information to healthcare providers without manual entry. o Initiative: HR & Payroll Modernization o Status: The team is working with vendors to identify a solution. Helpdesk Service Requests New Tickets Received: 102 Tickets Resolved: 75 Currently Active: 148 Helpdesk Incident Requests New Tickets Received: 211 Tickets Resolved: 159 Currently Active: 258 Tickets by Department (% of Resolved) Public Works: 13.85% Information Technology: 18.18% Police Department: 8.65% Finance: 13.85% Fire: 8.22% Community & Economic Development: 11.25% Parks and Recreation: 10.38% Human Resources: 4.76% Municipal Court: 1.29% Executive: 3.89% IT Customer Satisfaction Survey Score: 97% System Metrics • Network Uptime – 99.98% Threat analytics: Malicious attacks • Total attempts: 4 • Total incidents: 6 Page 373 of 378 Page 11 of 12 Project Metrics • Active: 16 • Backlog: 4 • On Hold: 12 • Proposed: 8 Fire Chief, Kevin Crowley April 2026 (April 1 – April 23): Month Fire Calls Structure Fires Wildland Fires EMS Calls MVA’s Total Calls April 7 1 3 368 2 562 Community Engagement Events • Attended the Columbia Valley Center for Recovery pen House. • Participated in putting students through mock -interviews with Tri-Tech. Collaboration • Participated in a joint FEMA evaluated drill with Franklin County Emergency Management. The Emergency Operations Center (EOC) was placed in service to work through a Hostile Action-Base (HAB) scenario at the Columbia Generating Station. • Worked with and assisted with the development of an Emergency Action Plan (EAP) at the Dust Devils Stadium. Training • The Pasco Fire Department hosted this month’s regional HAZMAT Team training. The training took place at Lineage in North Pasco and included accessing an environment that was -5 degrees and securing a damaged cylinder. Interim Police Chief, Brent Cook Page 374 of 378 Page 12 of 12 Field Operations Division: • Citizen Academy kicks off today (4/14), with 36 community members participating, including one council member. • We hosted a District One Community Meeting at Tierra Vida in partnership with the Neighbors in Action program, drawing dozens of attendees. • As part of Target Zero efforts this month, DUI patrols, speed enforcement, and distracted driving emphasis patrols were conducted. Officer Phillips was recognized by the Washington Traffic Safety Commission for outstanding performance in speed enforcement. Professional Standards Division: • Chief Ken Roske was honored at his official Retirement Ceremony, celebrating his years of service and commitment to the department and community. Deputy Chief Brent Cook has assumed the role of Interim Police Chief, providing steady leadership during the transition. • Training update: The Rescue Task Force training with Pasco Fire is ongoing. Pasco Police Department is also hosting a Patrol Tactics Instructor course, with several of our sergeants currently enrolled. • Personnel update: Dan Ward has resigned from the department and will be relocating to Georgia to be closer to family. He played a key role in establishing the Southeast Regional Basic Law Enforcement Academy. Support Operations Division: • We held our first monthly meeting with the Kennewick Police Department regarding the regional digital forensic lab. During the meeting, detectives were assigned key tasks, including developing a procedural manual for lab operations, identifying priority training areas, and establishing the lab as an evidence storage location to support auditing and accountability. • Detective Spitzer has begun his part-time assignment with the regional Internet Crimes Against Children (ICAC) Task Force. Detectives Sweeney and Spitzer are doing an excellent job addressing the department’s current cyber tip backlog. • The Street Crimes Unit arrested a fugitive who had been threatening to shoot members of his own family. During the arrest, SCU seized 32 firearms, including four ghost guns and two short-barreled rifles. • In March, two sexual assault cases investigated by this unit proceeded to trial, both resulting in successful prosecutions. In PPD case 20-02383 (Jose A. Meraz-Alvarez), the defendant was found guilty as charged on four counts: o Rape of a Child in the Second Degree, with a jury finding of an aggravating factor for an ongoing pattern of sexual abuse o Child Molestation in the Second Degree, with an aggravating factor for an ongoing pattern of sexual abuse o Rape of a Child in the Second Degree, with an aggravating factor for an ongoing pattern of sexual abuse o Child Molestation in the Second Degree, with an aggravating factor for an ongoing pattern of sexual abuse • Captain Parramore facilitated a meeting with the elected prosecutors from Franklin, Benton, and Walla Walla Counties to discuss the Tri-City Regional Special Investigations Page 375 of 378 Page 13 of 12 Unit (SIU). The Pasco Police Department has now assumed the role of lead agency for the region. Current efforts include implementing an SIU-specific records management system, designating a lead records specialist and lead PIO from each participating agency, and developing the agenda for the annual SIU training day. Page 376 of 378 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 377 of 378 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 378 of 378