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HomeMy WebLinkAbout2026.06.22 Council Workshop Packet AGENDA City Council Workshop Meeting 7:00 PM - Monday, June 22, 2026 Pasco City Hall, Council Chambers & Microsoft Teams Webinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online form via the City’s website (www.pasco-wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of this workshop. The Pasco City Council Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. To listen to the meeting via phone, call 1-332-249-0718 and use access code 168 045 612#. 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. request. upon be provided service interpreter language (Spanish may Please provide two business day's notice to the City Clerk to ensure availability.) 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. VERBAL REPORTS FROM COUNCILMEMBERS 5. ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT for scheduled topic each comment may public the on – discussion, up to 2 minutes per person with a total of 8 minutes per item. If Page 1 of 104 opposing sides wish to speak, then both sides receive an equal amount of time to speak or up to 4 minutes each side. 3 - 8 (a) Citizen Satisfaction Survey Results Presentation (20 minute staff presentation) 9 - 29 (b) Essential Public Facilities (EPF), Secure Community Transition Facilities (LRA) Restrictive Alternative and (SCTFs), Less Housing Code Update (5 minute staff presentation) 30 - 53 (c) Process Water Reuse Facility (PWRF) Customer Rates Annual Review (15 minute staff presentation) 54 - 80 (d) Resolution - Interagency Agreement with the Washington State Criminal minute staff (5 Commission Training Justice presentation) 81 - 90 (e) Fireworks Community Engagement Efforts (5 minute staff presentation) 91 - 102 (f) Presentation - Structure of City Noise Enforcement & Fireworks Regulations (5 minute staff presentation) 6. MISCELLANEOUS COUNCIL DISCUSSION 7. EXECUTIVE SESSION (a) To consider site selection or acquisition of real estate purchase or lease if likelihood that disclosure would increase price per RCW 42.30.110(1)(b) (7 minutes) 8. ADJOURNMENT 9. ADDITIONAL NOTES (a) Mayor Grimm called for public comments. Or Mayor Grimm called for public comments three (3) times and no one came forward to speak. 103 - 104 (b) Adopted Council Goals (Reference Only) Page 2 of 104 AGENDA REPORT FOR: City Council June 2, 2026 TO: Harold Stewart, City Manager City Council Workshop Meeting: 6/22/26 FROM: Laurel McQuade, Communications Program Manager City Manager SUBJECT: Citizen Satisfaction Survey Results Presentation I. ATTACHMENT(S): Survey Presentation Full Comment Report Survey Distribution Marketing Plan II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: None. Presentation Only. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Background understand better to surveys community conducts periodically City The resident priorities, perceptions, and expectations regarding City services and programs. Historically, the City used a standardized survey model that provided valuable benchmarking data but offered limited opportunities to gather detailed feedback specific to Pasco. For the 2026 Community Survey, the City partnered with OnPointe Insights to develop a customized survey designed around issues and priorities relevant to the Pasco community. A staff committee with representatives from all City departments worked collaboratively to develop the survey questions. Staff customized a standard survey framework provided by OnPointe Insights to reflect local priorities and community interests. Page 3 of 104 To encourage broader community participation and improve accessibility, the survey was offered in both English and Spanish. The Spanish version contained the same questions as the English survey and was reviewed and tested to verify translation accuracy, functionality, and ease of use. Prior to launch, City staff and City Council members tested both versions of the survey to ensure accuracy, identify potential issues, and confirm a positive user experience. The survey was available from March 25 through May 27, 2026, and included questions related to community direction, facilities and recreation, development and growth, safety and security, City leadership, City benefits, budget priorities, taxation, and community engagement. To encourage participation, the City utilized a broad outreach strategy that included direct email invitations, social media, digital advertising, text messaging, printed posters at community locations, and local print media. Outreach efforts included approximately 16,766 email invitations, social media promotions message text opt-in 210 users, 29,000 than more reaching notifications, printed posters placed throughout the community, a digital advertisement through Stephen Media Group reaching 255,585, and advertising in La Voz. These efforts resulted in 831 completed survey responses. According to survey participation data, approximately 69% of responses were generated through email outreach, 23% through Facebook, 6% through the City's website, 2% through and signs as sources such through 1% and Instagram, other newspaper advertisements. The survey was completed primarily on mobile devices, demonstrating the importance of providing residents with convenient and accessible participation options. Impact (other than fiscal) The survey provides a community-informed perspective on resident priorities, satisfaction levels, and areas of concern. The information gathered will serve as a resource for future City Council planning discussions, strategic planning efforts, budget development, capital improvement planning, service evaluations, and departmental work plans. The survey also establishes a baseline for measuring community sentiment and tracking progress over time. V. DISCUSSION: Recommendation Staff is presenting the 2026 Community Survey Results for Council information and discussion. The survey results provide valuable insight into community priorities, areas of Page 4 of 104 satisfaction, and opportunities for improvement. Overall, respondents indicated that Pasco is moving in a positive direction while also identifying important topics for future focus, including public safety, transportation infrastructure, utility services, growth management, and quality-of-life amenities. The survey results will help inform future planning efforts and support data-driven decision- making by City leadership. Constraints (time or other considerations) There are no immediate time constraints associated with the survey results. however, future into when valuable incorporated is information the most planning, budgeting, and policy discussions. Next Steps Staff will utilize the survey results as a reference tool during future:  City Council goal-setting discussions  Strategic planning efforts  Budget development and prioritization  Capital improvement planning  Departmental work plan development  Community engagement initiatives Alternatives 1. Council could provide feedback or direction to staff regarding future use of the survey results 2. Request additional analysis or information regarding specific survey topics Page 5 of 104 Citizen Satisfaction Survey Communications Plan CAMPAIGN FRAMEWORK Residents decide what matters. In a time of rising costs, priorities matter more than ever. Tone: Steady. Responsible. Forward-looking. Community-centered. Just participation and accountability. KEY MESSAGES 1. Your Priorities Guide the Budget This survey directly informs Pasco’s next two-year budget and future planning decisions. 2. Your Voice. Real Impact. What you identify as important will help determine where the City focuses funding, staffing, and long-term investment. 3. Responsible, Data-Driven Decisions City leadership will use survey results to prioritize services and evaluate where adjustments may be needed. 4. A Direct Role in Pasco’s Future This is an opportunity for residents to shape how Pasco looks, feels, and serves the community. 5. Quick, Easy, Anonymous The survey takes about 10–12 minutes and responses are completely anonymous. WEBPAGE CONTENT Headline: I Think Pasco: Citizen Satisfaction Survey Your Priorities. Your Budget. Take the survey today! The City of Pasco is launching a Citizen Satisfaction Survey to guide the next biennial budget and future planning decisions. This short, anonymous survey gives residents a direct voice in how City services, projects, and resources are prioritized. Why This Matters Pasco continues to grow, and the cost of providing essential services continues to rise. At the same time, households are managing tighter budgets. That makes it critical that City spending reflects what residents value most. Page 6 of 104 Your responses will help: • Identify the services and programs most important to residents • Prioritize projects and improvements • Guide funding decisions for the next two -year budget • Inform where adjustments may be necessary • Strengthen long-term planning What to Expect • Takes approximately 10–12 minutes • Accessible on phone, tablet, or computer in English and Spanish • Completely anonymous Who Should Participate All Pasco residents are encouraged to participate. Whether you’ve lived here for decades or recently moved in, your perspective matters. Take the survey today! I Think Pasco. Your Priorities. Your Budget. EMAIL CONTENT Subject Line: I Think Pasco – Your Priorities. Your Budget. Your Survey. Email Body: Pasco Resident, The City of Pasco invites you to participate in our Citizen Satisfaction Survey. This short, anonymous survey takes about 10–12 minutes and will directly inform the next biennial budget and future planning decisions. As costs continue to rise, it’s important that City resources reflect what residents value most. Your responses will help guide funding priorities, service levels, and long -term investments. We don’t want to guess what matters to our community. We want to hear directly from you. Take the survey now! Your priorities will help shape Pasco’s budget and future. Thank you for participating. Page 7 of 104 SMS CONTENT I Think Pasco. Your Priorities. Your Budget. Take our short, anonymous survey (10–12 min) at pasco-wa.gov/ithink and tell us what you think the City should focus on. EARNED MEDIA REPORT - NonStop Local: Pasco launches survey for residents to share budget priorities | News | nbcrightnow.com - Mentioned during an interview with Apple Valley News Now on April 16 but was not included in resulting news coverage. - Power 99.1 Interview on The Felix Show week of April 20 th (prerecorded interview available here: The Felix Show - City of Pasco survey interview.mp3) - KONA News Radio Interview April 30th - Press release copied in Tri-Cities Regional Chamber Newsletter for April 2026 PAID ADVERTISING - Digital advertising campaign with Stephens Media Group: $1,000 for display ads targeting Pasco residents 18+ in Spanish and English. Campaign to run from approximately April 22-May 14. Results should be available approximately one week after campaign closes. - 1/3 page Spanish-language advertisement in La Voz Newspaper on May 14 and May 21. Total cost anticipated to be $1,260 + tax. POSTERS - Bilingual posters with a QR code directing people to the survey were designed and displayed in the following locations: o Mid-Columbia Public Library East Pasco Branch o Boys & Girls Club of Benton and Franklin County (Pasco clubhouse) o Utility Billing Display Board o Permitting consultation tables o City booth at Cinco de Mayo o LRA Housing Community Feedback Sessions on April 15 and April 29. Page 8 of 104 AGENDA REPORT FOR: City Council June 11, 2026 TO: Harold Stewart, City Manager City Council Workshop Meeting: 6/22/26 FROM: Haylie Matson, Director Community & Economic Development SUBJECT: Essential Public Facilities (EPF), Secure Community Transition Facilities (SCTFs), and Less Restrictive Alternative (LRA) Housing Code Update I. ATTACHMENT(S): 01 Draft Ordinance – Essential Public Facilities and Less Restrictive Alternatives 02 Maps – Where Can these Facilities Go? II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: A public hearing was held June 1, 2026 to receive public input on the proposed code amendments. The City Council Workshop for June 22, 2026 is to review the draft ordinance and receive additional feedback prior to a second public hearing and potential action scheduled for July 6, 2026. Staff is requesting policy direction from City Council regarding the proposed Essential Public Facilities (EPF) and Less Restrictive Alternative (LRA) housing regulations. Direction provided by Council will assist staff in finalizing the proposed ordinance, refining siting and safety standards, and preparing the code amendments for future public hearing and adoption consideration. III. FISCAL IMPACT: Not applicable at this time. Implementation of the proposed regulations may require additional administrative review time and coordination between departments; however, no direct fiscal impacts are anticipated currently. IV. HISTORY AND FACTS BRIEF: The City of Pasco previously adopted a temporary moratorium on applications Page 9 of 104 related to Essential Public Facilities (EPFs), including Less Restrictive Alternatives (LRAs) and Secure Community Transition Facilities (SCTFs), in response to growing public concern and the lack of specific local regulations addressing these uses. The moratorium expires on XYZ and the proposed code must be adopted prior to this date. Under are cities Act Management (GMA), State Washington the Growth required to plan for and allow Essential Public Facilities. State law limits the City’s ability to prohibit these facilities outright, but allows cities to establish land use regulations, siting criteria, development standards, and permit review processes. The City initiated a review of local regulations to determine what zoning, siting, and public safety measures may legally and practically be applied to these facilities and outreach Public law. compliant with remaining while state informational sessions were conducted between March and May 2026 to gather regarding the residents City’s and feedback community educate authority and limitations under state law. The Chapter 25.157 PMC related to new a ordinance draft establishes Essential Public Facilities. The ordinance includes: •Definitions for EPFs, LRAs, SCTFs, and Risk Potential Activities/Facilities; •A formal permit application and review process; •Hearing Examiner review authority; •Decision criteria and burden of proof requirements; •Siting and separation requirements; •Additional review standards for Less Restrictive Alternatives and Secure Community Transition Facilities. V. DISCUSSION: Background State law identifies certain facilities as Essential Public Facilities because they are necessary public-serving uses that are often difficult to site due to public opposition airports, include facilities can impacts. perceived or These correctional facilities, solid waste facilities, inpatient treatment facilities, and certain housing or treatment-related facilities. Less for placements court-ordered individuals Alternatives Restrictive are transitioning from confinement into supervised housing and treatment settings. Secure provide Community Transition Facilities are a type of LRA that supervised housing, treatment, and security measures for certain civilly committed individuals. Page 10 of 104 The City’s current code does not establish a dedicated review process or clear siting standards for these facilities. Staff identified this as a significant regulatory gap, particularly given increased public attention and evolving state requirements. The proposed ordinance is intended to provide a clear, legally defensible framework for reviewing future EPF applications while maintaining local review authority to the maximum extent permitted under state law. The proposed regulations require EPFs to undergo a conditional use permit review process and establish additional review criteria specific to LRAs and SCTFs. The draft ordinance also proposes: •700 -foot separation requirements from identified Risk Potential Activities and Facilities; •Evaluation of alternative sites; •Demonstration of compliance with Department of Social and Health Services requirements; •Additional public safety mitigation measures where necessary. Impact (other than fiscal) The proposed code amendments may have significant impacts related to public safety, neighborhood compatibility, public perception, and future land use administration. The regulations are intended to: •Improve predictability and transparency in the permit review process; •Provide objective review criteria for future applications; •Establish local siting and mitigation standards; •Ensure public participation during permit review; •Balance public safety concerns with the City’s obligations under State law. The outreach process demonstrated substantial public interest regarding: •Separation distances from schools and parks; •Community safety; •Notification and public involvement; •Long-term compatibility with surrounding neighborhoods. At the same time, staff must ensure that any adopted regulations do not effectively prohibit the siting of EPFs within the City, as state law requires cities to allow these facilities somewhere within city limits. Page 11 of 104 Discussion The proposed ordinance attempts to balance local control, public safety concerns, and compliance with state law requirements. The ordinance establishes a new permitting framework under Chapter 25.157 PMC that would apply to listed Essential Public Facilities as well as future facilities determined by the Community and Economic Development Director to meet EPF criteria. Applications would be reviewed through a consolidated conditional use permit and EPF review process before the Hearing Examiner. The Hearing Examiner would have authority to: •Approve; •Approve with conditions; or •Deny applications based on adopted decision criteria. Key components of the draft ordinance include: •Demonstration of facility need; •Evaluation of surrounding land uses; •Mitigation of adverse impacts; •Consistency with the Comprehensive Plan; •Compliance with state operational and siting requirements; •Consideration of alternative sites farther removed from Risk Potential Activities and Facilities. The proposed LRA standards also establish: •Additional application requirements; •Compliance verification with DSHS requirements; •Bed increase limitations; •Enhanced mitigation authority for the Hearing Examiner; •Separation and line-of-sight limitations from Risk Potential Activities and Facilities. Siting Facilities in Pasco – Where can these facilities be located? A major policy consideration is determining how restrictive local regulations can be without effectively prohibiting the siting of these facilities within Pasco. Legal review has indicated that cities may impose reasonable siting and mitigation standards so long as those standards do not make siting impossible. Another key consideration is whether additional or modified buffer distances, operational standards, or notification requirements should be included prior to Page 12 of 104 adoption. The attached Exhibit 02 map is intended to provide a visual example of how the proposed 700-foot buffer from Risk Potential Activities (RPAs) may apply throughout the City. However, the map is only a snapshot in time and should not be interpreted as permanently identifying or limiting where an LRA or SCTF could or could not locate. Under the proposed code, the buffer applies dynamically as Risk Potential Activities and Facilities are established over time. This means that when a new school, daycare, park, trail, religious facility, recreational facility, or other identified RPA use is developed, the required separation distance would automatically apply to future LRA or SCTF proposals. Similarly, if an LRA or SCTF is lawfully established first, later development proposals for Risk Potential Activities or Facilities would need to consider the existing facility and applicable regulations at that time. Large portions of the areas currently shown outside the mapped buffer are primarily undeveloped areas, including portions of Broadmoor and the north and eastern areas of Pasco. As future development occurs in those areas and additional RPA uses are established, the mapped buffer areas would also expand accordingly. In simple terms, or designate permanently to “approved” not is map the intended “available” sites. Instead, it demonstrates how the proposed separation requirements function based on existing conditions, while recognizing that both development patterns and buffer areas will continue to change over time as the City grows. Recommendation Staff recommends that Council provide policy direction regarding: 1.Proposed separation and siting standards; 2.The overall level of regulatory restriction desired; 3.Additional public safety or operational considerations; 4.The proposed Hearing Examiner review process; 5.Whether additional outreach or modifications should occur prior to scheduling formal adoption hearings. Staff further recommends continuing legal review of the ordinance to ensure consistency with state law and Growth Management Act requirements. Constraints (time or other considerations) The City’s moratorium timeline creates a limited window for development and adoption of the regulations. Failure to adopt a clear review framework may Page 13 of 104 leave the City without locally tailored standards for future EPF applications. At the same time, regulations that are overly restrictive could create legal risk if they Public Essential of the siting effectively to determined are prohibit Facilities within the City. Additional coordination state with and outreach, public review, legal requirements may still result in revisions to the proposed ordinance prior to final adoption consideration. Next Steps Staff will: 1.Continue legal and policy review of the draft ordinance; 2.Incorporate feedback received from Council and the public; 3.Refine proposed siting and review standards as needed; 4.Return to Council and the Planning Commission with revised draft regulations and public hearing materials; 5.Prepare final ordinance language for formal consideration and adoption prior to expiration of the moratorium. Alternatively, Council May: 1.Direct staff to proceed with the ordinance substantially as drafted; 2.Direct staff to revise or expand proposed siting and mitigation standards; 3.Direct staff to conduct additional public outreach prior to formal hearings; 4.Direct staff to evaluate alternative approaches to EPF and LRA regulation consistent with state law. Page 14 of 104 Ordinance - 1 Version 1.8.26 4903-6609-1444, v. 1 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, CREATING A NEW CHAPTER 25.157 “ESSENTIAL PUBLIC FACILITIES” WITHIN CODEMUNICIPAL PASCO THE “ZONING” 25 TITLE OF RELATED TO ESSENTIAL PUBLIC FACILITIES, INCLUDING SECURE COMMUNITY TRANSITION FACILITIES RESTRICTIVE AND LEAST ALTERNATIVES; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council has authority under Article XI, Section 11 of the Washington State Constitution, RCW 35A.63.220, RCW 36.70A.200, and RCW 36.70A.390 to regulate land uses and adopt interim zoning controls; and WHEREAS, RCW 36.70A.200 requires cities to include provisions for the siting of Essential Public Facilities (“EPFs”); and WHEREAS, Secure Community Transition Facilities (“SCTFs”) and Least Restrictive Alternatives (“LRAs”) are a type of Essential Public Facility governed in part by RCW 71.09; and WHEREAS, the Pasco Municipal Code does not currently establish a dedicated siting process or decision criteria specifically applicable to EPFs, SCTFs, or LRAs; and WHEREAS, RCW 71.09.285 establishes siting considerations for SCTFs and LRAs, including proximity to “risk potential activities and facilities,” emergency service response times, public safety considerations, and site characteristics; and WHEREAS, RCW 71.09.020 defines “risk potential activities and facilities” to include schools, school bus stops, licensed daycare facilities, preschools, parks, trails, playgrounds, sports fields, community centers, libraries, youth camps, and places of worship; and WHEREAS, RCW 71.09.096 establishes a minimum separation distance of 500 feet between certain residential placements associated with SCTFs and K-12 schools, daycares, and preschools; and WHEREAS, the City Council finds that it is necessary to develop a clear Essential Public Facility and Secure Community Transition Facility siting process, evaluate zoning regulations and development standards, map risk-potential facilities using GIS, establish separation criteria consistent with state law, evaluate public safety and compatibility considerations, and adopt interim or permanent development regulations; and WHEREAS, this Ordinance is necessary to protect the public health, safety, and welfare of the community; and Page 15 of 104 Ordinance - 2 Version 1.8.26 4903-6609-1444, v. 1 WHEREAS, the City held Public Feedback Events on March 31, 2026, April 15, 2026, April 29, 2026 and May 6, 2026 to present information and receive feedback regarding EPF’s, SCTF’s and LRA’s from community members; and WHEREAS, the City held Public Hearings on June 1, 2026, July 6, 2026 and conducted a Public Workshop on June 22, 2026 all before the City Council of the City of Pasco. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section l. Findings. In support of this ordinance, the City Council adopts the above Recitals and further makes the following additional findings: A. The proposed development regulations are consistent with the GMA and other applicable state laws; B. The proposed development regulations are consistent with the City’s adopted Comprehensive Plan; C. All of the proposed development regulations have been considered concurrently so that their cumulative effect has been appropriately ascertained. Section 2. Adoption. That Chapter 25.157 entitled “Essential Public Facilities” within Title 25 “Zoning” of the Pasco Municipal Code shall be and hereby is created and shall be read as follows: Chapter 25.157 Essential Public Facilities Sections: 25.157.010 Purpose. 25.157.020 Definitions. 25.157.030 Applicability. 25.157.040 Essential Public Facilities Application and Review Process. 25.157.050 Burden of Proof. 25.157.060 Decision and Decision Criteria 25.157.070 Less Restrictive Alternatives 25.157.010 Purpose Page 16 of 104 Ordinance - 3 Version 1.8.26 4903-6609-1444, v. 1 The purpose of the chapter is to: 1. Comply with the requirements of RCW 36.70A.200 under the Washington State Growth Management Act. 2. Provide a process that involves the community and identifies adverse impacts from the siting of the EPF. 3. Ensure essential public facilities are appropriately sited and developed in a manner that: a. Serves public health, safety, and welfare. b. Minimizes adverse impacts to surrounding properties. c. Promotes equitable distribution of public facilities. d. Protects environmental resources. e. It is consistent with the City of Pasco Comprehensive Plan. Essential public facilities which meet the definition but are not listed in 25.157.020 shall also be reviewed according to the essential public facility criteria in 25.157.030. 25.157.020 Definitions 1. “Essential Public Facilities (EPF)” means those facilities that are typically difficult to site and include: a. Airports b. State educational facilities c. State or regional transportations facilities as defined by RCW 47.06.140 d. Regional transit authority facilities as defined by RCW 81.112.020 e. Improvements to high-capacity transportation systems as defined by RCW 81.104.015. f. State and local correctional facilities. g. Solid waste handling facilities and landfills. h. Inpatient facilities including substance abuse facilities, mental health facilities, and group homes or similar facilities as defined in RCW 72.05.020. i. Less Restrictive Alternatives, including community housing operated by a private provider. j. Secure Community Transition Facilities (SCTF) as defined in RCW 71.09.020. k. A use or facility may be added to the list of essential public facilities based on one of the following criteria: i. The use meets the definition of an essential public facility in RCW 36.70A.200 as determined by the Community and Economic Development Director based on the criteria set forth in 25.157.030(2); or ii. The use is identified on the State list of essential public facilities maintained by the State of Washington Office of Financial Management. Page 17 of 104 Ordinance - 4 Version 1.8.26 4903-6609-1444, v. 1 2. “Risk potential activities and facilities” as defined or revised by RCW 71.09.020 (14) include the following: a. public and private schools b. school bus stops c. licensed day care and licensed preschool facilities d. public parks e. publicly dedicated trails f. sports fields g. playgrounds h. recreational and community centers i. churches j. synagogues k. temples l. mosques m. public libraries n. public and private youth camps, o. and others identified by the department following the hearings on a potential site required in RCW 71.09.315. 3. “Less Restrictive Alternative” or LRA means a court-ordered treatment in a setting less restrictive than total confinement which satisfies the conditions set forth in RCW 71.09.092. A less restrictive alternative may not include placement in the community protection program as pursuant to RCW 71A.23.230. A Less Restrictive Alternative also includes community housing operated by a private provider, which may also offer 24- hour staffing and trained escort. 4. “Secure Community Transitional Facility” or SCTF means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities are not limited to the facility established pursuant to RCW 71.09.250 (1) (a) (i) and any community-based facilities established under RCW 71.09 and operated by Washington State Department of Social and Health services or under contract with Washington State Department of Social and Health Services. SCTFS are considered a type of LRA. 25.157.030 Applicability 1. All applications for the development or modification of the listed essential public facilities as well as unlisted facilities approved by the Community and Economic Page 18 of 104 Ordinance - 5 Version 1.8.26 4903-6609-1444, v. 1 Development Director pursuant to PMC 25.157.030(2) shall be reviewed through the essential public facilities process. 2. Unlisted Facilities. The Community and Economic Development Director shall determine whether a facility qualifies as an essential public facility based on whether the facility: a. Needs a type of site of which there are few available locations; b. Can only be located near another public facility; c. Has or is generally perceived by the public to have significant adverse impacts that make it difficult to site; d. Is of a type that has been difficult to site in the past; e. Is likely to be difficult to site; and/or f. Serves a demonstrated need and Pasco is within the facility service area. 25.157.040 Essential Public Facilities Application and Review Process. 1. Applicants proposing to site essential public facilities shall submit an application to the Community & Economic Development Department on a form provided by the City. The application shall include all documents and information deemed necessary by the Director. 2. Applications for proposed essential public facilities shall be reviewed as a conditional use permit pursuant to Chapter 25.200 of the Pasco Municipal Code and shall require one permit application. In addition to the application requirements set by the Director pursuant to PMC 25.157.040(1), the application shall also include all information required by PMC 25.200.060. The application shall be concurrently reviewed under both Chapter 25.200 PMC and Chapter 25.157. 25.157.050 Burden of Proof The applicant has the burden of demonstrating that the proposed facility satisfies all applicable approval criteria of this chapter and other provisions of the Pasco Municipal Code. 25.157.060 Decision and Decision Criteria 1. The Hearing Examiner shall have the authority to grant, condition, or deny the permit application. A public hearing on the essential public facility application shall be held in accordance with PMC 25.200.070. Page 19 of 104 Ordinance - 6 Version 1.8.26 4903-6609-1444, v. 1 2. The Hearing Examiner shall have the authority to make a request for information from either the applicant or the City prior to issuing a decision on the underlying application if the Hearing Examiner determines the additional information is necessary to evaluate the criteria outlined in (C) below. 3. The following criteria shall be used in the Hearing Examiner’s decision on the application: a. Whether there is a demonstrable and justifiable need for the essential public facility and for its location within the City of Pasco. b. The impact of the facility on the surrounding uses, the environment, the city and, if applicable, the region. c. Whether the design of the facility or the operation of the facility can be conditioned or modified to mitigate adverse impacts and achieve compatibility with surrounding uses. d. Whether the factors that make the facility difficult to site can be modified to increase the range of available sites or to minimize impacts in affected areas and the environment. e. Whether the proposed essential public facility is consistent with the goals, policies, objectives, maps and/or narrative text of the City’s comprehensive plan. f. Whether the proposed facility complies with all applicable State siting and permitting requirements including requirements for public safety, staffing, security and training. g. Whether the site is of sufficient size and configuration to accommodate the facility and associated activities. h. Whether the facility meets all of the criteria for conditional use permits as set forth in PMC 25.200.080. 4. After a public hearing, the Hearing Examiner shall issue findings and conclusions in accordance with PMC 25.200.070 and issue one of the following decisions on the application: a. Approve the application; Page 20 of 104 Ordinance - 7 Version 1.8.26 4903-6609-1444, v. 1 b. Approve the application with conditions; or c. Deny an application if the proposal does not meet the criteria of this chapter. If the Hearing Examiner determines that the proposal does not meet the criteria of this chapter, the applicant may submit a new application for an alternative site consistent with the requirements and criteria of this chapter. If the Hearing Examiner determines that the application does not meet the criteria of this chapter and no alternative site exists for the proposed use, the Hearing Examiner may approve the application with conditions to mitigate to the maximum extent possible the potential adverse impacts of the proposed facility. 25.157.070 Less Restrictive Alternatives. 1. Applicability. This section applies to each LRA proposed to be located within the City. The requirements of this section shall be imposed at the initiation of any LRA use, and upon any addition or modification to a LRA use or structures housing that use. These requirements are in addition to the requirements set forth in PMC 25.157.040 and Chapter 25.200 PMC. 2. General. a. LRAs are essential public facilities and shall comply with the requirements of PMC 25.157.010 through PMC 25.157.060. b. The applicant for an LRA shall certify compliance with all applicable use requirements and conditions of this section in the application for conditional (special) use permit as outlined in Chapter 25.200 PMC and PMC 25.157.040 (2). 3. Application Requirements. In addition to the application requirements set forth in PMC 25.157.040, The following requirements apply to each application for siting an LRA: a. All information and documentation required by the Director pursuant to PMC 25.157.040(1) and PMC 25.200.060. b. The applicant must demonstrate that the facility meets the definition of an LRA Facility as defined in PMC 25.157.020. c. The Applicant must have received all necessary permits or approvals from the State of Washington Department of Social and Health Services. Page 21 of 104 Ordinance - 8 Version 1.8.26 4903-6609-1444, v. 1 d. The applicant must demonstrate compliance with State of Washington Department of Social and Health Services guidelines and requirements, including but not limited to, all guidelines and requirements established pursuant to RCW 71.09.285 through RCW 71.09.340, now or as hereafter amended. e. The applicant must prepare and submit a community safety plan. In developing the community safety plan, the applicant shall meet with the Chief of Police and the Fire Marshall who will determine what measures are necessary to protect the health, safety, and welfare of the surrounding neighborhood. f. For purposes of this section, the applicant must demonstrate compliance with the cited guidelines and statutory provisions through a written description specifically describing the steps taken to satisfy such guidelines or statutory requirements. In the event that compliance with the cited guidelines and statutory provisions can occur only during the construction of the facility or during its operation, then the applicant shall set forth the specific steps that will be taken to comply with such provisions, and such steps shall be made a condition of the Conditional Use Permit for the facility. 4. Increase Beds. Any increase in the number of beds beyond that applied for by the applicant and included in the Conditional Use Permit shall require a new Conditional Use Permit pursuant to Chapter 25.200 PMC. 5. Conditions of Approval. a. The Hearing Examiner shall apply the decision criteria set forth in PMC 25.157.060(C) when evaluating the application for an LRA. b. In addition to the criteria in PMC 25.157.060(C), the Examiner shall require the following criteria prior to the approval of any proposed siting of a LRA: i. The applicant shall demonstrate that the proposal mitigates all potential adverse impacts of the facility on surrounding users, including, but not limited to, the requirements specifically addressed in RCW 71.09.285 through 71.09.340, now or as hereafter amended. The Hearing Examiner may condition the application in order to mitigate the LRA adverse impacts on surrounding uses. ii. The proposed LRA must be sited at least 700-feet from any Risk Potential Activities/Facilities as defined in RCW 71.09.020(14). The distance between the proposed LRA and the Risk Potential Facility/Activity shall be measured from the property line of the proposed LRA closest to the Risk Potential Facility/Activity to the property line of the Risk Potential Facility/Activity closest to the proposed LRA. The LRA also cannot be sited within the line of Page 22 of 104 Ordinance - 9 Version 1.8.26 4903-6609-1444, v. 1 site of any Risk Potential Activities/Facilities. “Within the line of sight” means that it is possible to reasonably visually distinguish and recognize individuals. iii. The applicant shall demonstrate that the proposed site for the LRA is the farthest removed from any Risk Potential Activities/Facilities possible within the City. The Hearing Examiner shall not approve the application if an alternative site within the City is farther removed from any Risk Potential Activities/Facilities than the proposed site. If the Department of Social and Health Services approves a site farther from Risk Potential Activities/Facilities than what is required in this Section, then the Hearing Examiner shall not approve an application that is closer to Risk Potential Activities/Facilities than the one selected by the Department. iv. The LRA shall have an City-approved community safety plan. The Hearing Examiner may imposed additional measures within the community safety plan beyond those required by statute, the City, or proposed by the applicant, if the Examiner determines that additional safety measures are necessary to protect the health, safety, and welfare of the surrounding neighborhood. 6. Additional Safety Measures. The Hearing Examiner may impose additional public safety measures for any LRA proposed under this section beyond those required by statute or proposed by the applicant if the Examiner determines that additional safety measures are necessary to protect the health, safety, and welfare of the surrounding neighborhood. Section 7. Transmittal to Department of Commerce. Pursuant to RCW 36.70A.106, a complete and accurate copy of this ordinance shall be transmitted to the Washington State Department of Commerce, as required by law within days of adoption. Section 8. 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 9. 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 10. Effective Date. This ordinance shall take effect immediately upon adoption. Page 23 of 104 Ordinance - 10 Version 1.8.26 4903-6609-1444, v. 1 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 24 of 104 ichland Cityo, -n Pasco '1111 11 Wam°'.~n, Risk Potential Activities By the Cily c:J Pasco GIS. Date: 6/10/2026 :■•"""" . ...,_ .... .... . ,_ ... ..,. . _ ... ..,. Q 00.Ald ... -c., ...... Legend ..... _ -- c::::J 0tyum1, ...,.,._...., ,,•,,It' 1,11 (::n r Burbank N W~E I Pa g e 2 5 o f 1 0 4 ichland ~City'!/ flllll lff ~2 Risk Potential Activities By the Qty d Pasco GIS. Date: 6/10/2026 :ii11 . ··--. '"'"-"'"""" • H_ ... ..., O otherAlcilltlM -QyT!alls: Legend _.,._ ·-- c::J a,um<, l.lrbenGrowthAra 1 • ~I• I a ~~ur Burbank -<>-· s Pa g e 2 6 o f 1 0 4 ichland Cityol -, Pasco ._,, w~~-= Risk Potential Activities By the City of Pasco GIS. Dab!: 6/10/2026 ,a) e RellglousSm • ElementaryBusstDp • H_._.Stop 0 """'"""" -CltyT'ralll Legend -•"-"""' ·-- c::::J etyumns """""""""""" lr1-0lt,, A,rc,,.ot Burbank +· • Pa g e 2 7 o f 1 0 4 Kennewick Risk Potential , ... ,,,,h Pil.Sco Activities ~ ~ Washington @ Schools • Religious Sites • Elementary Bus Stop • Highschool Bus Stop 0 Other Facilities -City Trails Education Properties Legend RPA 600ft Parks and Rec Sites I-1, Light Industrial District I-2, Medium Industrial District I-3, Heavy Industrial District CJ City Limits ~ Urban Growth Area By the City of Pasco. Date: 6/12/2026 N w-¢-• B s Page 28 of 104 •8 "a l .. o c9 • ~-0 0 • • f asco Kennewick -'ifMf Iii Cicy of Risk Potential •11 Pasco Activities ~ " wc1~htngton @ Schools • Religious Sites • Elementary Bus Stop • Highschool Bus Stop ® Other Facilities -CityTrails Education Properties Legend RPA 1000ft Parks and Rec Sites I-1, Light Industrial District 1-2, Medium Industrial District _ 1-3, Heavy Industrial District CJ City Limits -Urban Growth Area By the City of Pasco. Date: 6/12/2026 N w~•B s Page 29 of 104 AGENDA REPORT FOR: City Council May 18, 2026 TO: Harold Stewart, City Manager City Council Workshop Meeting: 6/22/26 FROM: Maria Serra, Director Public Works SUBJECT: Process Water Reuse Facility (PWRF) Customer Rates Annual Review (15 minute staff presentation) I. ATTACHMENT(S): Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presentation Only III. FISCAL IMPACT: The Process Water Reuse Facility (PWRF) operates as an enterprise fund and, as such, it is required to be financially self-sustaining. This means all operating, maintenance, debt service, and capital costs must be recovered through user rates and fees. As part of this requirement, and in compliance with Council's explicit request for this utility, the City conducts an annual review of rates to evaluate whether current revenues are sufficient to support ongoing operations and long-term financial obligations. Current financial conditions indicate that existing rates are not sufficient to meet the utility’s cost obligations, resulting in an ongoing and growing operational deficit. IV. HISTORY AND FACTS BRIEF: Background Facility History: The City owns and operates the Process Water Reuse Facility (PWRF), which provides industrial wastewater treatment services to food processors in the Page 30 of 104 City. In recent years, the facility required significant upgrades to expand storage and treatment capacity, incorporate new technologies, and support both existing processors and "newcomers". A committee was formed comprising of City staff and representatives from processor partners to identify new and current with and compliance for allows that solutions growth anticipated requirements from State and Federal governments. These winter additional upgrades, pretreatment included improvements system storage ponds, and infrastructure extensions. A revenue generating solution was costs. Council 2022, In operating intent to offset the with favored supported pursuing a Renewable Natural Gas (RNG) component as part of the project, leading to selection of Burnham SEV as the developer. The City entered into a 30-year agreement (Wastewater Treatment Agreement - WTA) with Burnham SEV for financing, construction, and operation of the upgraded facility, with RNG revenues allocated to the PWRF fund. The WTA accounts for repayment of Capital investment for the facility, cost of operation, and pass- throughs for utilities, consumables and major maintenance within the Burnham's portions of the facility. The City retained ownership and operation of the conveyance systems for Columbia East and Foster Wells service areas, winter storage ponds and land treatment system, including the IPS and distribution System. The upgraded and expanded facility became operational in 2025. RNG Revenue and Federal Tax credit Proceeds: The incorporation of RNG technologies aimed at creating additional revenue stream to offset costs for the customers. Related to the generation of Renewable Gas and green technologies applied in this facility, Burnham was also able to sell Federal Tax credits. Through the WTA, the City of Pasco is entitled to 90% of said credits as cash proceeds transfer. The City received approximately $66 million in proceeds (a one-time payout), which were set aside as a Risk Reserve for the utility. In total, this public-private partnership represents a combined investment of nearly $250 million, requiring a significant risk pool to mitigate any future risks. Rates and management of the facility were adjusted to reflect the complexity and new set up for the facility; which was a significant increase from the prior system. The City conducted a Cost of Service Analysis with FCS Group to establish a rate model based on flow and strength characteristics. Code amendments followed, establishing new rates effective in January 2025 and updating Pasco Municipal Code Section 13.55 to reflect the upgraded facility, establish unit pricing of treatment of different constituents, provide a 30-year repayment structure matching the City's obligations with private partner, and intending to ensure long-term financial stability. Council adopted the ordinance with rates effective January 1, 2025. Basis for Rates: Page 31 of 104 Rates and charges are determined by costs allocated among PWRF users, based on factors assigned in a rate study. These costs encompass:  Fees associated with the wastewater treatment agreement with Burnham.  System pass-through costs (e.g., solid waste disposal, consumables, major maintenance).  City facility costs (e.g., operating/maintenance expenditures, debt service, capital charges, special projects). Annual Rates Review: Pasco Municipal Code (PMC) Section 13.55.025 requires an annual review and adjustment of rates and charges for the Process Water Reuse Facility, beginning in 2026. The intent of this requirement is to ensure that rates remain aligned with the actual cost of providing service and that the utility remains financially sustainable over time. The rate-setting framework includes the following key principles:  Cost-Based Allocation: Rates are based on a cost-of-service model that allocates expenses according to flow and strength characteristics of industrial wastewater.  Full Cost Recovery: Rates are designed to recover all costs, including treatment agreements, operations, maintenance, capital investments, and system-wide expenses.  Financial Stability: Rates must support appropriate reserve levels and long-term obligations. Annual Review: Rates must be evaluated at least once per year.  Transparency and stakeholder coordination: Processors are provided opportunities for input prior to any rate adjustment proposal presented to Council for action. Specifically in 2026, a workgroup was created to review current revenue requirements and develop strategies to achieve financial sustainability. Impact (other than fiscal) This item is presented to seek Council's input on preferred approach to rate setting for 2026 in context of the current financial condition of the PWRF. The last discussion on this topic was on April 20th, 2026 during Council Regular Meeting. It provided transparency regarding the challenges associated with the updated facility and rate structure, the concerns raised by both staff and processors, the complexity of balancing financial sustainability of the utility with economic impacts to customers. Contractual review and new opportunities: As explained in the last discussion on this topic, City staff is in discussions with Page 32 of 104 Burnham on revisiting WTA structure, specifically focusing on passthrough costs and incentives for efficiencies. Burnham has identified and is advocating for a new line of service with solid waste import that can help offset the operational costs by adding new customer and utilizing existing capacity. This proposal is in a feasibility Root cause of the utility overruns is derived from operational costs deferring from originally projected costs. The WTA structure prevents an immediate remedy to the situation. Renegotiation of the agreement is critical to find stability in the utility. The rate scenarios proposed are a near term measure, while contract discussions take place. V. DISCUSSION: The review of rates has been performed, identifying insufficient revenues to cover the operating and capital obligations of the utility. The City faces a complex policy and financial challenge:  The utility must remain financially self-sustaining and be in a position to meet long -term contractual commitments;  The rate increases necessary to achieve this are likely to significantly impact industrial customers  These customers represent key economic drivers in the community. Conceptually, there is a range of options regarding rate setting. As bookends, alternatives A and B are presented: A: Adjust rates to cover all incurred and projected costs. (No subsidy) B: Freeze rates and cover shortfall by utilizing tax credit proceeds and interest. More nuanced alternatives presented are C and D and below: C: Utilize interest generated from Tax credit proceeds to alleviate rate increases. D: Gradual rates adjustment (5% - 7% yearly) and cover shortfall by utilizing tax credit generated interest and proceeds, as needed. Recommendation Staff recommends Alternative D, as it reduces the need for a sudden increase of rates in the next decade and extends the ability of the Tax Credit to provide rate hike relief and absorb other utility risks, as envision at the time of rate Page 33 of 104 setting in late 2024. Council feedback will help guide development of detailed rate adjustment (if any) for 2027 onward in the form of an ordinance. Constraints Because the PWRF serves a limited number of users, the financial burden of any rate adjustment is highly concentrated. This increases the risk of unintended economic consequences, including impacts to business operations and long-term viability. Financial Condition of the utility: The utility is currently operating at a deficit. The ending fund balance for 2025 is approximately negative $800,000. Current rates are not projected to achieve a break-even position in 2026, likely exacerbating the utility deficit by the end of 2026. Costs associated with Burnham, the private partner in treatment and RNG generation, have exceeded original projections. The existing agreement with the private partner does not sufficiently limit or cap operating costs. Additionally, RNG revenues have been lower than originally projected and are not RNG either. 2026, in levels anticipated originally reach to projected generation and sales are proportional to the level of constituents in the wastewater provided by the processors. Reduced loading in processor effluent helps processors combat the cost for discharge, but impacts the ability of the facility to generate RNG. This condition presents a financial risk to the utility and customers; and requires timely evaluation of alternatives to correct course. Coordination with Industrial users: In of consisting Workgroup PWRF a City the 2026, early established processors, City staff, and leadership representation. As of this report being written, the group has met seven times. Key topics discussed include:  Current and projected financial shortfalls  Rate structure alternatives  Affordability and economic impacts to local industries  Long-term sustainability of the utility  Operational performance and cost drivers  WTA limitations  New opportunities for reducing cost These discussions have highlighted significant differences between Page 34 of 104 maintaining full cost recovery and addressing customer concerns regarding affordability and competitiveness. Next Steps Council's preference on path forward will determine the rate scenario to be prepared in ordinance form. None of the rate scenarios provided by staff have been deemed acceptable by the processors. At this time the expressed expectation of PWRF customers is that rates be decreased shortfall. up make to utilized the Credit Tax Federal and be Processors do not agree with a "sudden increase" in rates when tax credit subsidy runs out. Additionally, staff will continue pursuing operational and contractual improvements with Burnham, exploring opportunities for further efficiencies and cost savings. Alternatives Council may direct staff on a different path forward. Page 35 of 104 June 22, 2026 Pasco City Council Council Workshop Pa g e 3 6 o f 1 0 4 PWRF Annual Rate Review June 22, 2026 Pasco City Council Pa g e 3 7 o f 1 0 4 Rate Structure & Framework 3 Annual Review Required (PMC 13.55.025) Beginning in 2026, rates must be reviewed at least once per year to ensure financial sustainability of the utility. Key Rate-Setting Principles • Cost-Based Allocation: Expenses allocated by flow and strength characteristics • Full Cost Recovery: O&M, capital, debt service, and treatment agreement costs • Financial Stability: Rates must support long- term reserve levels • Transparency: Processors receive input opportunities prior to any Council rate action Cost Categories Covered by Rates Burnham WTA fees Pass-through costs (solid waste, consumables) City O&M, debt service & capital charges Key Cost Drivers • Third-party operations costs exceed original projections • WTA does not adequately cap operating costs • RNG revenues below original projections • RNG revenues not expected to recover to projected levels in 2026 Pa g e 3 8 o f 1 0 4 Rate setting in 2025 Annual Cost 4 $27 million per year (a significant increase from 2024) Range: •Darigold - $6.9 million •Freeze Pack - $430 thousand Funding shortfall for 2025: $4.5M Pa g e 3 9 o f 1 0 4 5 LOOKING BACK to 2025 Projected in 2025 Model 2025 Actuals City Total Cost $ 10,786,665 $ 7,760,885 Burnham Total Cost $ 16,142,407 $ 22,631,839 $ 26,929,072 $ 30,392,724 Total Expenditures Revenues (Rates and Fees) $ 25,038,525 $ 25,807,468 Net $ (4,585,256) LOOKING ONTO 2026 Projected in 2026 Model 2026 Currently Projected $ 9,538,616City Total Cost $ 10,672,934 Burnham Total Cost $ 21,906,000 $ 17,374,879 $ 31,444,616 Total Expenditures $ 28,047,813 $ 25,807,468 Revenues (Rates and Fees) $ 25,996,514 Net $ (5,637,148) Pa g e 4 0 o f 1 0 4 Stakeholder Coordination 6 PWRF Workgroup Established 2026 Industrial Processors (in alphabetical order) •Darigold •Grimmway •Oregon Potato Company (Pasco Processing, Freeze Pack, Barker Produce) •Reser’s •Simplot •Twin City Foods City Representation •Public Works Staff •City Manager’s Office Staff •Mayor (recently added participant) Topics Discussed • Current and projected financial shortfalls • Rate structure alternatives • Affordability and economic impacts to local industries • Long-term sustainability of the utility • Operational performance and cost drivers Key Tension Identified Full cost recovery vs. customer affordability and competitiveness. Pa g e 4 1 o f 1 0 4 7 Processor Position Processors are requesting: • That rates be decreased, not increased • That Federal Tax Credit proceeds be used to fully offset the shortfall • Avoid sharp rate changes in the future • Modify the WTA to address root cause • Divide RNG from Wastewater treatment Staff tasks • Propose path forward for rates • Continue working on WTA with Burnham Stakeholder Coordination Pa g e 4 2 o f 1 0 4 Range of Alternatives for 2027 Rate Setting 8 Enterprise Fund PWRF as a utility should be fully self-sustaining. All costs must be recovered through user rates and fees. Concentrated Financial Risk PWRF serves a limited number of users. Rate adjustment burden is highly concentrated among industrial customers, raising risk to business viability. Rate setting discussion does not preclude other efforts on contractual adjustments, and efficiencies Pa g e 4 3 o f 1 0 4 Range of Alternatives for 2027 Rate setting 9 Conceptually, there is a range of options BOOKENDS ARE: A - Adjust rates to cover all 25-26 shortfalls and projected shortfalls 2027 onward. B - Freeze rates and cover shortfall by utilizing tax credit proceeds and interest. MORE NUANCED alternatives include: C - Apply interest generated by tax credit proceeeds as subsidy to rates? Adjust rate for remainder of shortfall D - Adjust rates gradually level and cover shortfall by utilizing tax credit (interest and proceeds, as needed). Utility received a Federal Tax Credit ($66M) in 2025. It was set as risk mitigation fund for the utility. Pa g e 4 4 o f 1 0 4 Alternative A : No Subsidy NO USE OF Fed Tax Proceeds or Interest Rate Increase 2026 2027 2028 2029 2030 2031 2032 2033 2034 0%25% 20% 2%0% 0% 0% 0% 0% Total Fed Tax Credit Proceeds Used $0 M Total interest used $0M Fed Tax Balance (end of 2034) $90M Rates collected (in 9 years) $338M Assumptions: •3.7% interest (2026-2027) •3.5% interest (2028-2034) •Annual Expense escalation 3% •Utility Tax: 10% Pa g e 4 5 o f 1 0 4 Alternative A : No Subsidy Pa g e 4 6 o f 1 0 4 Alternative B: Freeze Rates USE ALL Fed Tax Proceeds + Interest Rate Increase 2026 2027 2028 2029 2030 2031 2032 2033 2034 0% 0% 0% 0% 0% 0% 0% 0%44% Total Fed Tax Credit Principal Used $66 M Total interest used $12.6 M Fed Tax Balance (end of 2034) $0M Rates collected (in 9 years) $246M Assumptions: •3.7% interest (2026-2027) •3.5% interest (2028-2034) •Annual Expense escalation 3% •Utility Tax: 10% Pa g e 4 7 o f 1 0 4 Alternative B: Freeze Rates Pa g e 4 8 o f 1 0 4 Alternative C: Interest of tax credit as subsidy USE of interest generated by Fed Tax Credit Rate Increase 2026 2027 2028 2029 2030 2031 2032 2033 2034 0%15% 15% 8%0% 0% 0% 0% 0% Total Fed Tax Credit Principal Used $0M Total interest used $21.6M Fed Tax Balance (end of 2034) $66M Rates collected ( in 9 years) $315M Assumptions: •3.7% interest •Annual Expense escalation 3% •Utility Tax: 10% Pa g e 4 9 o f 1 0 4 Alternative C: Interest of tax credit as subsidy Pa g e 5 0 o f 1 0 4 Alternative D: Gradual rate increases MODERATE USE of Fed Tax Proceeds + Interest Rate Increase 2026 2027 2028 2029 2030 2031 2032 2033 2034 0%5% 5% 5% 5% 6% 6% 5% 5% Total Fed Tax Credit Principal Used $23M Total interest used $16M Fed Tax Balance (end of 2034) $43M Rates collected (in 9 years) $290M Assumptions: •3.7% interest (2026-2027) •3.5% interest (2028-2034) •Annual Expense escalation 3% •Utility Tax: 10% Pa g e 5 1 o f 1 0 4 Alternative D: Gradual rate increases Pa g e 5 2 o f 1 0 4 Thank you Pa g e 5 3 o f 1 0 4 AGENDA REPORT FOR: City Council January 30, 2026 TO: Harold Stewart, City Manager City Council Workshop Meeting: 6/22/26 FROM: Brent Cook, Police Chief Police Department SUBJECT: Resolution - Interagency Agreement with the Washington State Criminal Justice Training Commission I. ATTACHMENT(S): Resolution Interagency Agreement Assistant Commander Agreement TAC Officer Agreement Part-Time Instructor Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: The Interagency Agreement is structured as a reimbursement-based agreement under RCW 39.34. All eligible costs incurred by the City of Pasco for staffing, instruction, facilities, and related academy operations will be reimbursed by WSCJTC in accordance with the terms of the agreement. IV. HISTORY AND FACTS BRIEF: Background: The Washington State Criminal Justice Training Commission (WSCJTC) is authorized under Chapter 43.101 RCW to provide training standards and programs for criminal justice personnel. The City of Pasco, through the Pasco Police Department, partners with WSCJTC to host the Basic Law Enforcement Academy (BLEA) at the Southeast Regional Campus. Page 54 of 104 The proposed agreements formalize three primary components: 1. Interagency (Umbrella) Agreement  Term: July 1, 2026 – June 30, 2028  Establishes Pasco as a host site for BLEA  Requires the City to provide facilities and support staffing  Provides Pasco priority access to academy seats for recruitment  Establishes reimbursement for eligible costs 2. Secondary Agreements  TAC Officer Agreement (full-time assignment)  Assistant Commander (full-time assignment)  Part-Time Instructor Agreement  Defines specific roles, responsibilities, and reimbursement for personnel supporting academy operation. Impact (other than fiscal) Approval of these agreements will:  Maintain a regional BLEA training site in Pasco  Improve recruitment by providing local academy access  Strengthen partnerships with regional law enforcement agencies  Support statewide law enforcement training capacity  Enhance operational readiness through consistent training delivery V. DISCUSSION: Recommendation: Staff recommends adoption of the resolution authorizing the City Manager to execute the Interagency Agreement with the Washington State Criminal Justice Training Commission for operation of BLEA classes at the Pasco Police Department Regional Training Campus. Constraints (time or other considerations): The agreement term aligns with state fiscal years and BLEA scheduling requirements. Timely approval is necessary to ensure continuity of academy operations and scheduling of upcoming BLEA sessions. Next Steps:  Upon Council approval, the City Manager will execute the Interagency Agreement.  Pasco Police Department will coordinate with WSCJTC to finalize BLEA Page 55 of 104 scheduling and staffing.  BLEA classes will be conducted in accordance with the agreement terms and audited as required. Alternatives: 1. Decline to approve the resolution, resulting in BLEA training not being hosted at the Pasco Police Department Regional Training Campus. 2. Direct staff to renegotiate specific terms of the agreement and return to Council for future consideration. Page 56 of 104 Resolution – Amend. to ILA with WSCJTC - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION AND THE CITY OF PASCO FOR THE PROVISION OF FACILITIES AND PERSONNEL SUPPORT FOR THE BASIC LAW ENFORCEMENT ACADEMY. WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this state through the execution of an interlocal cooperative or interagency agreement; and, WHEREAS, the Washington State Criminal Justice Training Commission (WSCJTC) is authorized under Chapter 43.101 RCW to provide criminal justice training; and WHEREAS, the City of Pasco has the facilities and operational capacity to support Basic Law Enforcement Academy (BLEA) training at the Southeast Regional Campus ; and WHEREAS, the proposed agreement provides reimbursement to the City for personnel, facilities, and associated operational costs, and supports regional law enforcement training and recruitment efforts; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the of and conditions terms the City City of the of Council Pasco approves the Interagency Agreement between the Washington State Criminal Justice Training Commission and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco. Be It Further Resolved, that this Resolution shall take effect immediately. Page 57 of 104 Resolution – Amend. to ILA with WSCJTC - 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 58 of 104 WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION Jerrell C. Wills, Interim Executive Director 19010 1st Avenue South  Burien, WA 98148  Phone: 206-835-7300  www.cjtc.wa.gov TRAINING THE GUARDIANS OF DEMOCRACY INTERAGENCY AGREEMENT No. This agreement, hereinafter referred to as the “Agreement”, is made and entered into by and between the Washington State Criminal Justice Training Commission, hereinafter referred to as the “WSCJTC”, and the Pasco Police Department, a Law Enforcement Agency, located in Pasco, WA, hereinafter referred to as the “Agency”. Whereas the WSCJTC, pursuant to Chapter 43.101.RCW, is empowered to provide programs and standards for the training of criminal justice personnel and, in conjunction therewith, may contract with individuals and agencies for the purpose of training; and Whereas the Agency has the ability to provide services and facilities for the purposes of administering Basic Training Academies, including the Basic Law Enforcement Academy, hereinafter referred to as “BLEA”; and Now, therefore, for and in consideration of the mutual promises set forth hereafter, the parties hereto mutually agree as follows: 1. Term This Agreement shall commence on the 1st day of July, 2026 and terminate on the 30th day of June, 2028, subject to prior termination as provided herein and unless as extended by written mutual agreement of the parties hereto. 2. Coordination WSCJTC will notify the Agency of their desire for the Agency to host and administer a Basic Training Academy. WSCJTC will collaborate with the Agency to coordinate sessions agreeable to both parties. The Agency may only host academy sessions which are preapproved by the WSCJTC. 3. Management and Oversight Services performed under the terms of this Agreement shall be under the direct command and control of the WSCJTC and shall ensure that the duties of the Agreement will be performed in a manner consistent with WSCJTC policies and procedures, applicable state and local laws, and the Constitutions of the State of Washington and the United States. 4. Full-Time Assistant Commander The Agency shall support the WSCJTC’s efforts in recruiting the full-time services of one (1) commissioned Peace Officer to serve as the Assistant Commander for the purpose of managing and overseeing the daily operations of the Basic Training Academies held at the Southeast Regional Campus. The WSCJTC will select, approve, and appoint the Assistant Commander in collaboration with the Agency. The WSCJTC reserves final approval of all candidates without cause. This assignment will be memorialized in a Secondary Agreement. Page 59 of 104 June 15, 2026 Page 2 5. Full-Time Teacher, Administrator, Counselor (TAC) Officers The Agency shall support the WSCJTC’s efforts in recruiting the full-time services of up to three (3) commissioned Peace Officers to serve as TAC Officers for the purpose of administering, conducting, and presenting the Basic Training Academies held at the Southeast Regional Campus. The WSCJTC will select, approve, and appoint the TAC Officers in collaboration with the Agency. The WSCJTC reserves final approval of all candidates, which shall not be unreasonably withheld. If staffing levels fall below the desired number of TAC Officers, the parties agree to work collaboratively and in good faith to address staffing needs. Temporary staffing shortages shall not constitute a breach of this Agreement, provided the Agency is making reasonable efforts to fill such positions. These assignments will be memorialized in Secondary Agreements. 6. Part-Time Instructors The Agency may provide to WSCJTC the part-time services of on-duty (defined as personnel teaching for WSCJTC under agency direction, receiving compensation directly from their agency, and covered by standard workplace injury provisions during regular or overtime hours) and qualified Agency or active regional law enforcement personnel (hereinafter referred to as “Instructors”) to provide academy instruction and instructional support. These part-time instructors must be approved by the WSCJTC Regional Academies Commander prior to instructing WSCJTC courses. Assignments will be submitted to the WSCJTC Regional Academies Commander for approval. This agreement will be memorialized in a Secondary Agreement. 7. Additional Training The WSCJTC agrees to provide training opportunities to the Agency’s personnel to ensure a sufficient cadre of instructors. The WSCJTC accepts responsibility for all training-related costs, including travel expenses (at applicable per-diem rates determined by the Office of Financial Management). All requests for training must receive prior approval by the WSCJTC. 8. Administrative Support WSCJTC will provide part-time administrative support for the administration and management of the Basic Training Academies. 9. Facilities The Agency will provide the necessary facilities to successfully conduct the Basic Training Academies. Such facilities include, but are not limited to: Office Space for a full-time Assistant Commander, including but not limited to: a) Office Phone b) High Speed Internet connection c) Office furniture Office Space for three (3) full-time TAC Officers, including but not limited to: a) Office Phone b) High Speed Internet connection c) Office furniture Office Space for one (1) full-time WSCJTC employee, including but not limited to: a) Office Phone b) High Speed Internet connection Commented [SA1]: Requesting definition be provided in the contract language to ensure a mutual understanding regarding compensation, scheduling, liability coverage, and work status expectations. Commented [SA2R1]: If added, this should be copied to the secondary agreement for consistency. Page 60 of 104 June 15, 2026 Page 3 c) Office furniture Classroom space Gym space Locker rooms Firearms range a. Payment for Facilities Usage WSCJTC will reimburse the Agency $2,000 per month for high-speed internet access, related network support, and continuing maintenance. WSCJTC shall pay the reimbursement amount upon the Agency's submission of an invoice to WSCJTC. 10. First Right of Refusal for Recruits WSCJTC agrees to grant first right of refusal to the Agency or active Southeast Regional partners for up to eight (8) seats in each BLEA class held at the Southeast Regional Campus for up to six (6) weeks prior to the start date of each class. These seats may only be filled by applicants from the Agency or active Southeast Regional partersand the Agency may not assign seats to applicants from another organization. Any additional applicants will be processed in accordance with the policies and procedures of the WSCJTC. 11. Provision of Materials, Services, and Supplies Through the Washington State purchasing process, WSCJTC will provide materials, services, and supplies necessary for the operation of academy sessions, unless otherwise agreed to by the Agency and WSCJTC. 12. Payment Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. All costs shall be reimbursed monthly, when applicable. 13. Billing Procedures The Agency shall submit an invoice to WSCJTC at the end of each month in which services or facilities were provided. WSCJTC shall pay the Agency for all approved and completed work by warrant or account transfer within thirty (30) days of invoicing. All invoices shall be submitted to: Registered Mail Electronic Mail WSCJTC btdaccounting@cjtc.wa.gov Attn: Basic Training Division 19010 1st Ave S Burien, WA 98148 14. Records Maintenance The parties to this Agreement shall each maintain books, records, documents, and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of Page 61 of 104 June 15, 2026 Page 4 the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six (6) years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties, without first giving notice to the furnishing party and giving a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 15. Modification No waiver or modification of this Agreement or any covenants, conditions, or limitations herein contained shall be valid unless in writing and duly executed by the parties to be charged therewith; and no evidence of any waiver or modification shall be offered or received in evidence of any proceeding or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties herein under, unless such waiver or modification is in writing duly executed as aforesaid; and the parties further agree that the provisions of this section may not be waived except as herein set forth. 16. Termination of Agreement This Agreement may be terminated in part or whole without cause at any time by mutual agreement of the parties hereto, or by either party after thirty-days (30) following the other party's receipt of a written intent to terminate. The parties retain the right to cancel this Agreement in part or whole upon ten (10) days written notice to the other party if either party fails to properly keep any of the provisions of this Agreement. In the event of termination under this section, the Agency will be entitled to receive, to the date of such termination on a pro rata basis, the compensation as set forth in Section 9a herein. 17. Independent Capacity The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 18. Indemnification/Hold Harmless Each party shall be responsible for the acts, errors, and omissions of itself and its own officers, employees, and agents acting within the scope of their authority and within the scope of the performance agreement(s). 19. Venue Stipulation This Agreement shall be construed as having been made and delivered with the State of Washington, and the laws of the State of Washington shall be applicable to its construction and Page 62 of 104 June 15, 2026 Page 5 enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision hereto shall be instituted in King County, Seattle, Washington. 20. Assignment The work to be provided under this Agreement, and any claim arising under this Agreement is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 21. Disputes In the event a dispute arises under this Agreement which the parties are unable to resolve, they may allow the dispute to be decided by a Dispute Panel of three (3) members. Upon the written agreement of both parties to convene a Dispute Panel, the members would be appointed in the following manner: Each party to this Agreement shall appoint one (1) member, and the parties shall jointly appoint one (1) additional member to the Dispute Panel. The Dispute Panel shall review the facts, contract terms and applicable statutes and rules and decide the dispute. The determination of the Dispute Panel shall be final and binding on the parties hereto. There shall be no charge to the parties for the services of the Dispute Panel. 22. Order of Precedence In the event of any inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order to: applicable federal and state law, regulations and rules; any other provision of this Agreement; and any document incorporated by reference. 23. Waiver A failure by either party to exercise its rights under this Agreement shall not prevent that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 24. Severability If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 25. Rights in Data Material created from this Agreement shall be “works for hire” as defined by the U.S. Copyright Act of 1976 and shall be owned by the WSCJTC, including but not limited to reports, documents, videos, curricular material, exams or recordings. Such materials are subject to RCW 42.56, the Public Records Act; The WSCJTC may disclose such documents in accordance with the PRA. 26. Notices All notices given herein shall be in writing and shall be sent by electronic mail to the parties at their recognized business addresses. Page 63 of 104 June 15, 2026 Page 6 27. Headings The article headings contained in this Agreement are inserted solely as a matter of convenience and for reference and in no way define, limit, or describe the scope or intent of the provisions of this Agreement. 28. Contact Information Each party shall designate one or more contact points to facilitate communications between the Parties on any matter covered by this Agreement. Agency WSCJTC Operations Name, Title Email Address Phone Number Contract Administration Name, City Manager Email Address Phone Number Operations Paul Bakala, Regional Academies Commander paul.bakala@cjtc.wa.gov (206) 887-2563 Contract Administration Holly White, Contract Specialist holly.white@cjtc.wa.gov (206) 758-1205 IN WITNESS WHEREOF, the parties have affixed their signatures on the dates below. Dignitary Name, Title Date Jerrell C. Wills, Interim Executive Director Date Agency Name Criminal Justice Training Commission Dignitary Name, Title Date Agency Name Approved as to form: Attest: Name, Title Date Name, Title Date Page 64 of 104 June 15, 2026 Page 7 Agency Name Agency Name cc: Interagency Administrator, Agency Name Paul Bakala, Regional Academies Commander, WSCJTC Brian Elliott, Fiscal Manager, WSCJTC Francesca Heard, Budget Unit Manager, WSCJTC Dave Miller, Assistant Director, WSCJTC Page 65 of 104 WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION Jerrell C. Wills, Interim Executive Director 19010 1st Avenue South  Burien, WA 98148  Phone: 206-835-7300  www.cjtc.wa.gov TRAINING THE GUARDIANS OF DEMOCRACY INTERAGENCY AGREEMENT No. This agreement, hereinafter referred to as the “Agreement”, is made and entered into by and between the Washington State Criminal Justice Training Commission, hereinafter referred to as the "WSCJTC”, and the Pasco Police Department, hereinafter referred to as the “Agency”. Whereas the WSCJTC, pursuant to Chapter 43.101 RCW, is empowered to provide programs and standards for the training of criminal justice personnel and in conjunction therewith may contract with individuals and agencies for the purpose of training; and Whereas Charles (Chad) Acock is employed by the Agency as an employee, holding the position of Officer therein; and Whereas the Agency has the ability to provide the full-time services of Charles (Chad) Acock, hereinafter referred to as the “TAC Officer”, for the purposes of administering and conducting Basic Training Academies, including the Basic Law Enforcement Academy, hereinafter referred to as “BLEA”; and Now therefore, for and in consideration of the mutual promises set forth hereafter, the parties hereto mutually agree as follows: 1. Term This Agreement shall commence on the 1st day of July, 2026 and terminate on the 30th day of June, 2029, subject to prior termination as provided herein and unless as extended by written mutual agreement of the parties hereto. 2. Full-Time TAC Officer The Agency shall provide the full-time services of a TAC Officer to the WSCJTC for the purpose of administering, conducting, and presenting the Washington State Basic Training Academies held at the Southeast Regional Campus. Such services may include, but not be limited to: Being familiar with, and adhering to, the policies and procedures of the Basic Training Division and the WSCJTC Coordinating with the Assistant Commander to ensure that all training materials and equipment are available and ready for use and are in good working order Being familiar with the course lesson plan prior to instruction Participating in course briefing and debriefing Providing instruction and delivering written and practical exercises in assigned courses as prescribed in the course lesson plan(s) Supporting and assisting with practical training exercises Tutoring/counseling academy attendees Proctoring recruit testing to ensure compliance with established expectations Evaluating recruit performance in accordance with established rubrics Page 66 of 104 June 15, 2026 Page 2 Maintaining accurate student attendance and performance records as required Ensuring that all equipment used in the instruction are properly stored and/or cleaned upon the completion of instruction and any damaged or dysfunctional equipment is reported to the Assistant Commander, or their designee, as soon as possible after the training session Suggesting revisions to academy programs and curriculum in accordance with the policies and procedures of the WSCJTC to ensure that all materials are current, relevant, and rigorous a. Payment for TAC Officer WSCJTC will reimburse to the Agency the full salary, and overtime worked in service to the WSCJTC, of the TAC Officer, including all benefits and all increases to said salary or benefits, during the period of the TAC Officer’s service to the WSCJTC as a TAC Officer. WSCJTC shall pay said reimbursement amount upon submission by the Agency of an invoice to WSCJTC. 3. Payment Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. All costs shall be reimbursed monthly, when applicable. 4. Billing Procedures The Agency shall submit an invoice to WSCJTC at the end of each month in which services were provided. WSCJTC shall pay the Agency for all approved and completed work by warrant or account transfer within thirty (30) days of invoicing. All invoices shall be submitted to: Registered Mail Electronic Mail WSCJTC btdaccounting@cjtc.wa.gov Attn: Basic Training Division 19010 1st Ave S Burien, WA 98148 5. Agreements Outside of this Agreement This Agreement contains the complete agreement between the parties and shall, as of the effective date hereof, supersede all agreements, either written or oral, between the parties concerning the matters addressed in this Agreement. The parties agree that neither of them has made any representations with respect to the subject matter of this Agreement or any representations, including the executing and delivery hereof, except such representations as are specifically set forth herein; and each of the parties hereto acknowledges that it has relied on its own judgment in entering into this Agreement. 6. Modification No waiver or modification of this Agreement or any covenants, conditions, or limitations herein contained shall be valid unless in writing and duly executed by the parties to be charged therewith; and no evidence of any waiver or modification shall be offered or received in evidence of any proceeding or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties herein under, unless such waiver or modification is in writing duly executed as aforesaid; and the parties further agree that the provisions of this section may not be waived except as herein set forth. Page 67 of 104 June 15, 2026 Page 3 7. Termination of Agreement This Agreement may be terminated in part or whole without cause at any time by mutual agreement of the parties hereto, or by either party after thirty-days (30) following the other party's receipt of a written intent to terminate. The parties retain the right to cancel this Agreement in part or whole upon ten (10) days written notice to the other party if either party fails to properly keep any of the provisions of this Agreement. In the event of termination under this section, the Agency will be entitled to receive, to the date of such termination on a pro rata basis, the compensation as set forth in Section 2a herein. 8. Health and Safety To protect the health and safety of WSCJTC and the students of WSCJTC, the TAC Officer understands that the WSCJTC maintains control over its operations and agrees to submit to directions and protocols put in place to carry out its mission, including submitting to infectious disease testing when directed to do so by the WSCJTC and submitting the results to the WSCJTC's confidential appointee. Failure to abide by these requirements may result in their release from WSCJTC’s service and termination of the Agreement as set forth in Section 8 herein. 9. Employment Obligations of Parties The Agency agrees to pay to the TAC Officer the full salary and benefits, including all increases to said salary and benefits, accruing to them as employees of the Agency during the period of their services herein under. Additionally, the Agency agrees to extend to the TAC Officer all rights, privileges, and benefits attendant to and resulting from their employment by the Agency, including any and all promotional opportunities otherwise available to them. The Agency further agrees that upon completion and conclusion of the TAC Officer’s service herein under, and in the absence of any promotion or upgrading in classification which has occurred during the duration of this Agreement and in the absence of any disciplinary action taken during the duration of this Agreement, they will be returned and reinstated to the Agency at the same or equal commissioned rank or position which they held on the beginning date of this Agreement. The WSCJTC agrees to complete all necessary evaluation and documentation regarding the TAC Officer during the period of their service herein under and as required by the Agency. The Agency reserves the right to discipline the TAC Officer for any violation of the Agency’s rules in the same manner as other Agency employees. The WSCJTC additionally agrees to provide the TAC Officer a work and learning experience and professional opportunities for career development and enrichment at no special cost or direct cost to the Agency. 10. Independent Capacity The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. Page 68 of 104 June 15, 2026 Page 4 11. Indemnification/Hold Harmless Each party shall be responsible for the acts, errors, and omissions of itself and its own officers, employees, and agents acting within the scope of their authority and within the scope of the performance agreement(s). 12. Medical/Health and Workers' Compensation Benefits In the event of any injury to, or the illness or death of the TAC Officer while acting in performance of this Agreement, the Agency agrees to extend to the TAC Officer medical / health and workers' compensation benefits and other compensation, to the same extent and in the same manner as if such injury, illness, or death had occurred during work assignment in and for the Agency. 13. Venue Stipulation This Agreement shall be construed as having been made and delivered with the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision hereto shall be instituted in King County, Seattle, Washington. 14. Assignment Each party to this Agreement stipulates that the Agreement is one for personal services and accordingly neither party hereto may assign, sublet, or transfer any interest in this Agreement. 15. Compliance with Laws The parties hereto agree to comply in carrying out the terms of this Agreement with all applicable federal, state, and local laws, ordinances, and regulations, including but not necessarily limited to, the laws pertaining to civil rights and laws pertaining to the WSCJTC and the Agency, including merit system rules. 16. Rights in Data Material created from this Agreement shall be “works for hire” as defined by the U.S. Copyright Act of 1976 and shall be owned by the WSCJTC, including but not limited to reports, documents, videos, curricular material, exams or recordings. Such materials are subject to RCW 42.56, the Public Records Act; The WSCJTC may disclose such documents in accordance with the PRA. 17. Notices All notices given herein shall be in writing and shall be sent by electronic mail to the parties at their recognized business addresses. 18. Headings The article headings contained in this Agreement are inserted solely as a matter of convenience and for reference and in no way define, limit, or describe the scope or intent of the provisions of this Agreement. Page 69 of 104 June 15, 2026 Page 5 IN WITNESS WHEREOF, the parties have affixed their signatures on the dates below. Washington State Criminal Justice Training Commission Pasco Police Department, Washington Jerrell Wills, Interim Executive Director Date Dignitary Name, Title Date Criminal Justice Training Commission 19010 1st Avenue South Burien, Washington 98148 Agency Name Address cc: Charles (Chad) Acock, Officer, Pasco PD Paul Bakala, Regional Academies Commander, WSCJTC Brian Elliott, Fiscal Manager, WSCJTC Francesca Heard, Budget Unit Manager, WSCJTC Dave Miller, Assistant Director, WSCJTC Holly White, Contracts Specialist, WSCJTC Page 70 of 104 WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION Jerrell C. Wills, Interim Executive Director 19010 1st Avenue South  Burien, WA 98148  Phone: 206-835-7300  www.cjtc.wa.gov TRAINING THE GUARDIANS OF DEMOCRACY INTERAGENCY AGREEMENT No. This agreement, hereinafter referred to as the “Agreement”, is made and entered into by and between the Washington State Criminal Justice Training Commission, hereinafter referred to as the "WSCJTC", and the Agency Name, hereinafter referred to as the “Agency”. Whereas the WSCJTC, pursuant to Chapter 43.101.RCW, is empowered to provide programs and standards for the training of criminal justice personnel and in conjunction therewith may contract with individuals and agencies for the purpose of training; and Whereas the Agency has the ability to provide the part-time services of Agency personnel, hereinafter referred to as “Instructors”, for the purposes of administering Basic Training Division Courses, including the Basic Law Enforcement Academy, hereinafter referred to as “BLEA”; Now, therefore, for and in consideration of the mutual promises set forth hereafter, the parties hereto mutually agree as follows: 1. Term This Agreement shall commence on the 1st day of July, 2026 and terminate on the 30th day of June, 2028, subject to prior termination as provided herein and unless as extended by written mutual agreement of the parties hereto. 2. Part-Time Instructors The Agency may provide to the WSCJTC the part-time services of on-duty and qualified Agency or active regional law enforcement personnel to provide academy instruction and instructional support. These part-time Instructors must be approved by the WSCJTC Regional Academies Commander prior to instructing WSCJTC courses. Assignments will be submitted to the WSCJTC Regional Academies Commander for approval. Such services may include, but not be limited to: Being familiar with, and adhering to, the policies and procedures of the Basic Training Division and the WSCJTC Coordinating with the Assistant Commander to ensure that all training materials and equipment are available and ready for use and are in good working order Being familiar with the course lesson plan prior to instruction Participating in course briefing and debriefing Providing instruction and delivering written and practical exercises in assigned courses as prescribed in the course lesson plan(s) Supporting and assisting with practical training exercises Tutoring/counseling academy attendees Proctoring recruit testing to ensure compliance with established expectations Evaluating recruit performance in accordance with established rubrics Maintaining accurate student attendance and performance records as required Page 71 of 104 June 15, 2026 Page 2 Ensuring that all equipment used in the instruction are properly stored and/or cleaned upon the completion of instruction and any damaged or dysfunctional equipment is reported to the Assistant Commander, or their designee, as soon as possible after the training session Suggesting revisions to academy programs and curriculum in accordance with the policies and procedures of the WSCJTC to ensure that all materials are current, relevant, and rigorous a. Payment for Part-Time Instructors WSCJTC will reimburse the Agency for the payment of part-time Instructors, who are the Agency’s employees or active regional law enforcement personnel. The hourly rate assigned to each instructor will be based on the WSCJTC Contractor Pay Scale. WSCJTC will notify the Agency upon the approval of any revision to the pay scale. WSCJTC shall pay said reimbursement amount upon submission by the Agency of an invoice to WSCJTC. The Agency will send detailed invoices to WSCJTC at the end of each month that include the following: Appropriate Statewide Vendor Number Instructor Name Subject taught Dates and hours worked Dollar amount Academy session number 3. Payment Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. All costs shall be reimbursed monthly, when applicable. 4. Billing Procedures The Agency shall submit an invoice to WSCJTC at the end of each month in which services were provided. WSCJTC shall pay the Agency for all approved and completed work by warrant or account transfer within thirty (30) days of invoicing. All invoices shall be submitted to: Registered Mail: Electronic Mail: WSCJTC btdaccounting@cjtc.wa.gov Attn: Basic Training Division 19010 1st Ave S Burien, WA 98148 5. Agreements Outside of This Agreement This Agreement contains the complete agreement between the parties and shall, as of the effective date hereof, supersede all agreements, either written or oral, between the parties concerning the matters addressed in this Agreement. The parties agree that neither of them has made any representations with respect to the subject matter of this Agreement or any representations, including the executing and delivery hereof, except such representations as are specifically set Page 72 of 104 June 15, 2026 Page 3 forth herein; and each of the parties hereto acknowledges that it has relied on its own judgment in entering into this Agreement. 6. Modification No waiver or modification of this Agreement or any covenants, conditions, or limitations herein contained shall be valid unless in writing and duly executed by the parties to be charged therewith; and no evidence of any waiver or modification shall be offered or received in evidence of any proceeding or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties herein under, unless such waiver or modification is in writing duly executed as aforesaid; and the parties further agree that the provisions of this section may not be waived except as herein set forth. 7. Termination of Agreement This Agreement may be terminated without cause at any time by mutual agreement of the parties hereto, or by either party after thirty-days (30) following the other party's receipt of a written intent to terminate. The parties retain the right to cancel this Agreement in part or whole upon ten (10) days written notice to the other party if either party fails to properly keep any of the provisions of this Agreement. In the event of termination under this section, the Agency will be entitled to receive, to the date of such termination on a pro rata basis, the compensation as set forth in section 2a herein. 8. Health and Safety To protect the health and safety of WSCJTC and students of the WSCJTC, the Instructors understand that the WSCJTC maintains control over its operations and agrees to submit to directions and protocols put in place to carry out its mission, including submitting to infectious disease testing when directed to do so by the WSCJTC and submitting the results to the WSCJTC’s confidential appointee. Failure to abide by these requirements may result in their release from WSCJTC’s service and termination of the Agreement as set forth in section 7 herein. 9. Employment Obligations of Parties The Agency agrees to pay to the Instructors the full salary and benefits, including all increases to said salary and benefits, accruing to them as employees of the Agency during the period of their services herein under. Additionally, the Agency agrees to extend to the Instructors all rights, privileges, and benefits attendant to and resulting from their employment by the Agency, including any and all promotional opportunities otherwise available to them. 10. Independent Capacity The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. Page 73 of 104 June 15, 2026 Page 4 11. Indemnification/Hold Harmless Each party shall be responsible for the acts, errors, and omissions of itself and its own officers, employees, and agents acting within the scope of their authority and within the scope of the performance agreement(s). 12. Medical/Health and Workers' Compensation Benefits In the event of any injury to, or the illness or death of any employee of the Agency’s while acting in performance of this Agreement, the Agency agrees to extend to the instructor medical / health and workers' compensation benefits and other compensation, to the same extent and in the same manner as if such injury, illness, or death had occurred during work assignment in and for the Agency. 13. Venue Stipulation This Agreement shall be construed as having been made and delivered with the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision hereto shall be instituted in King County, Seattle, Washington. 14. Assignment Each party to this Agreement stipulates that the Agreement is one for personal services and accordingly neither party hereto may assign, sublet, or transfer any interest in this Agreement. 15. Compliance with Laws The parties hereto agree to comply in carrying out the terms of this Agreement with all applicable federal, state, and local laws, ordinances, and regulations, including but not necessarily limited to, the laws pertaining to civil rights and laws pertaining to the WSCJTC and the Agency, including merit system rules. 16. Rights in Data Material created from this Agreement shall be “works for hire” as defined by the U.S. Copyright Act of 1976 and shall be owned by WSCJTC, including but not limited to reports, documents, videos, curricular material, exams or recordings. Such materials are subject to RCW 42.56, the Public Records Act; the WSCJTC may disclose such documents in accordance with the PRA. 17. Notices All notices given herein shall be in writing and shall be sent by electronic mail to the parties at their recognized business addresses. 18. Headings The article headings contained in this Agreement are inserted solely as a matter of convenience and for reference and in no way define, limit, or describe the scope or intent of the provisions of this Agreement. Page 74 of 104 June 15, 2026 Page 5 IN WITNESS WHEREOF, the parties have affixed their signatures on the dates below. Washington State Criminal Justice Training Commission Pasco Police Department, Washington Jerrell Wills, Interim Executive Director Date Dignitary Name, Title Date Criminal Justice Training Commission 19010 1st Avenue South Burien, Washington 98148 Agency Name Address cc:Paul Bakala, Regional Academies Commander, WSCJTC Brian Elliott, Fiscal Manager, WSCJTC Francesca Heard, Budget Unit Manager, WSCJTC Dave Miller, Assistant Director, WSCJTC Holly White, Contracts Specialist, WSCJTC Page 75 of 104 WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION Jerrell C. Wills, Interim Executive Director 19010 1st Avenue South  Burien, WA 98148  Phone: 206-835-7300  www.cjtc.wa.gov TRAINING THE GUARDIANS OF DEMOCRACY INTERAGENCY AGREEMENT No. This agreement, hereinafter referred to as the “Agreement”, is made and entered into by and between the Washington State Criminal Justice Training Commission, hereinafter referred to as the "WSCJTC”, and the Pasco Police Department, a Law Enforcement Agency, located in Pasco, WA, hereinafter referred to as the “Agency”. Whereas the WSCJTC, pursuant to Chapter 43.101 RCW, is empowered to provide programs and standards for the training of criminal justice personnel and in conjunction therewith may contract with individuals and agencies for the purpose of training; and Whereas Rodrigo Pruneda is employed by the Agency as an employee, holding the position of Sergeant therein; and Whereas the Agency has the ability to provide the full-time services of Rodrigo Pruneda, hereinafter referred to as the “Assistant Commander”, for the purposes of administering and conducting Basic Training Academies, including the Basic Law Enforcement Academy, hereinafter referred to as “BLEA”; and Now therefore, for and in consideration of the mutual promises set forth hereafter, the parties hereto mutually agree as follows: 1. Term This Agreement shall commence on the 1st day of July, 2026 and terminate on the 30th day of June, 2028, subject to prior termination as provided herein and unless as extended by written mutual agreement of the parties hereto. 2. Full-Time Assistant Commander The Agency shall provide the full-time services of the Assistant Commander to the WSCJTC for the purpose of managing, operating, and overseeing the daily operations of the Washington State Basic Training Academies held at the Southeast Regional Campus. The responsibilities of the Assistant Commander include, but are not limited to: Managing and supervising TAC staff and instructors taking part in the delivery, implementation, coaching, and evaluation of recruit training Tracking and confirming all regular and overtime hours accrued by TAC staff and instructors participating in the delivery, implementation, coaching, and evaluation of recruit training Managing academy schedules by coordinating the day-to-day academy activities, including making instructor assignments and facility reservations, as required by the academy curriculum Acting as a liaison with the Agency’s staff and venues Supporting the WSCJTC Regional Commander’s management of the academy budget Managing and overseeing equipment and supply inventory Page 76 of 104 June 15, 2026 Page 2 The Assistant Commander provides academy instruction and instructional support. Such services may include, but not be limited to: Being familiar with, and adhering to, the policies and procedures of the Basic Training Division and the WSCJTC Coordinating with instructors to ensure that all training materials and equipment are available and ready for use and are in good working order Being familiar with the course lesson plan prior to providing instruction Participating in course briefing and debriefing Providing instruction and delivering written and practical exercises in assigned courses as prescribed in the course lesson plan(s) Supporting and assisting with practical training exercises Tutoring/counseling academy attendees Proctoring recruit testing to ensure compliance with established expectations Evaluating recruit performance in accordance with established rubrics Maintaining accurate student attendance and performance records as required Ensuring that all equipment used in the instruction is properly stored and/or cleaned upon the completion of instruction, and any damaged or dysfunctional equipment is reported as soon as possible after the training session Suggesting revisions to academy programs and curriculum in accordance with the policies and procedures of the WSCJTC to ensure that all materials are current, relevant, and rigorous a. Payment for Assistant Commander WSCJTC will reimburse to the Agency the full salary, and overtime worked in service to the WSCJTC, of the Assistant Commander, including all benefits and all increases to said salary or benefits, during the period of the Assistant Commander’s service to the WSCJTC as the Assistant Commander. WSCJTC shall pay said reimbursement amount upon submission by the Agency of an invoice to WSCJTC. 3. Payment Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. All costs shall be reimbursed monthly, when applicable. 4. Billing Procedures The Agency shall submit an invoice to WSCJTC at the end of each month in which services were provided. WSCJTC shall pay the Agency for all approved and completed work by warrant or account transfer within thirty (30) days of invoicing. All invoices shall be submitted to: Registered Mail Electronic Mail WSCJTC btdaccounting@cjtc.wa.gov Attn: Basic Training Division 19010 1st Ave S Burien, WA 98148 5. Agreements Outside of this Agreement Page 77 of 104 June 15, 2026 Page 3 This Agreement contains the complete agreement between the parties and shall, as of the effective date hereof, supersede all agreements, either written or oral, between the parties concerning the matters addressed in this Agreement. The parties agree that neither of them has made any representations with respect to the subject matter of this Agreement or any representations, including the executing and delivery hereof, except such representations as are specifically set forth herein; and each of the parties hereto acknowledges that it has relied on its own judgment in entering into this Agreement. 6. Modification No waiver or modification of this Agreement or any covenants, conditions, or limitations herein contained shall be valid unless in writing and duly executed by the parties to be charged therewith; and no evidence of any waiver or modification shall be offered or received in evidence of any proceeding or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties herein under, unless such waiver or modification is in writing duly executed as aforesaid; and the parties further agree that the provisions of this section may not be waived except as herein set forth. 7. Termination of Agreement This Agreement may be terminated in part or whole without cause at any time by mutual agreement of the parties hereto, or by either party after thirty-days (30) following the other party's receipt of a written intent to terminate. The parties retain the right to cancel this Agreement in part or whole upon ten (10) days written notice to the other party if either party fails to properly keep any of the provisions of this Agreement. In the event of termination under this section, the Agency will be entitled to receive, to the date of such termination on a pro rata basis, the compensation as set forth in Section 2a herein. 8. Health and Safety To protect the health and safety of WSCJTC and its students, the Assistant Commander understands that the WSCJTC maintains control over its operations and agrees to submit to directions and protocols put in place to carry out its mission, including submitting to infectious disease testing when directed to do so by the WSCJTC, and submitting results to the WSCJTC's confidential appointee. Failure to abide by these requirements may result in their release from WSCJTC’s service and termination of the Agreement as set forth in Section 8 herein. 9. Employment Obligations of Parties The Agency agrees to pay to the Assistant Commander the full salary and benefits, including all increases to said salary and benefits, accruing to them as employees of the Agency during the period of their services herein under. Additionally, the Agency agrees to extend to the Assistant Commander all rights, privileges, and benefits attendant to and resulting from their employment by the Agency, including any and all promotional opportunities otherwise available to them. The Agency further agrees that upon completion and conclusion of the Assistant Commander’s service herein under, and in the absence of any promotion or upgrading in classification which has occurred during the duration of this Agreement and in the absence of any disciplinary action taken during the duration of this Agreement, they will be returned and reinstated to the Agency at the Page 78 of 104 June 15, 2026 Page 4 same or equal commissioned rank or position which they held on the beginning date of this Agreement. The WSCJTC agrees to complete all necessary evaluation and documentation regarding the Assistant Commander during the period of their service herein under and as required by the Agency. The Agency reserves the right to discipline the Assistant Commander for any violation of the Agency’s rules in the same manner as other Agency employees. The WSCJTC additionally agrees to provide the Assistant Commander a work and learning experience and professional opportunities for career development and enrichment at no special cost or direct cost to the Agency. 10. Independent Capacity The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 11. Indemnification/Hold Harmless Each party shall be responsible for the acts, errors, and omissions of itself and its own officers, employees, and agents acting within the scope of their authority and within the scope of the performance agreement(s). 12. Medical/Health and Workers' Compensation Benefits In the event of any injury to, or the illness or death of the Assistant Commander while acting in performance of this Agreement, the Agency agrees to extend to the Assistant Commander medical / health and workers' compensation benefits and other compensation, to the same extent and in the same manner as if such injury, illness, or death had occurred during work assignment in and for the Agency. 13. Venue Stipulation This Agreement shall be construed as having been made and delivered with the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision hereto shall be instituted in King County, Seattle, Washington. 14. Assignment Each party to this Agreement stipulates that the Agreement is one for personal services and accordingly neither party hereto may assign, sublet, or transfer any interest in this Agreement. 15. Compliance with Laws The parties hereto agree to comply in carrying out the terms of this Agreement with all applicable federal, state, and local laws, ordinances, and regulations, including but not necessarily limited to, the laws pertaining to civil rights and laws pertaining to the WSCJTC and the Agency, including merit system rules. 16. Rights in Data Page 79 of 104 June 15, 2026 Page 5 Material created from this Agreement shall be “works for hire” as defined by the U.S. Copyright Act of 1976 and shall be owned by the WSCJTC, including but not limited to reports, documents, videos, curricular material, exams or recordings. Such materials are subject to RCW 42.56, the Public Records Act; The WSCJTC may disclose such documents in accordance with the PRA. 17. Notices All notices given herein shall be in writing and shall be sent by electronic mail to the parties at their recognized business addresses. 18. Headings The article headings contained in this Agreement are inserted solely as a matter of convenience and for reference and in no way define, limit, or describe the scope or intent of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have affixed their signatures on the dates below. Brent Cook, Chief Date Jerrell C. Wills, Interim Executive Director Date Pasco Police Department Criminal Justice Training Commission Dignitary Name, Title Date Agency Name Approved as to form: Attest: Name, Title Date Name, Title Date Agency Name Agency Name cc: Rodrigo Pruneda, Sergeant, Pasco PD Paul Bakala, Regional Academies Commander, WSCJTC Brian Elliott, Fiscal Manager, WSCJTC Francesca Heard, Budget Unit Manager, WSCJTC Dave Miller, Assistant Director, WSCJTC Holly White, Contracts Specialist, WSCJTC Page 80 of 104 AGENDA REPORT FOR: City Council June 10, 2026 TO: Harold Stewart, City Manager City Council Workshop Meeting: 6/22/26 FROM: Laurel McQuade, Communications Program Manager City Manager SUBJECT: Fireworks Community Engagement Efforts I. ATTACHMENT(S): Fireworks Community Engagement Powerpoint Presentation Tri-Cities Regional Fireworks Education Campaign – 2026 Communications Plan Regional Fireworks Legal Hours Graphic II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presentation and discussion only. No action requested. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Background The Cities of Pasco, Kennewick, Richland, and West Richland have partnered to develop a coordinated regional fireworks education campaign for the 2026 Independence Day season. The campaign was created in response to ongoing confusion regarding fireworks regulations across the Tri-Cities region, where fireworks that may be legally purchased or used in one jurisdiction may not be permitted in another. In spring of 2026, the City of Pasco conducted a community survey regarding fireworks-related concerns. A total of 831 residents participated and some respondents fireworks about information clearer a need identified for The regulations, safety practices, and community expectations. regional campaign was developed in part to address this feedback and improve public Page 81 of 104 awareness before the Independence Day holiday. The campaign theme, "Know Before You Glow," focuses on providing clear and consistent educational information regarding local fireworks regulations and safe handling practices while emphasizing and encouraging participation in community celebrations. Impact (other than fiscal) fireworks of understanding improve public intended is campaign The to regulations, reduce confusion regarding city-specific laws, and encourage safe and responsible celebrations throughout the community. The effort supports the City's commitment to responsive communication and public through resident identified engagement addressing by concerns feedback. The campaign also strengthens regional collaboration among Tri- Cities jurisdictions by providing consistent messaging while allowing each city to communicate its own local regulations and resources. V. DISCUSSION: Recommendation Staff recommends that Council receive the presentation regarding the regional fireworks education campaign and Pasco's planned community engagement efforts for the 2026 Independence Day season. Constraints (time or other consideration) Campaign planning and content development/distribution are underway in coordination with regional partners. Outreach activities began in June 2026 to ensure residents receive information before purchasing or using fireworks during the Independence Day holiday period. Next Steps The regional "Know Before You Glow" campaign launched in June with a big response and media coverage. It has been active for approximately two weeks at will the implementing continue Staff time this of the presentation. communications plan in coordination with regional partners through the include outreach Remaining efforts holiday Day Independence period. scheduled social media content, media engagement, distribution of educational materials through fireworks vendors, safety messaging, promotion of community fireworks displays, and website updates. Following the campaign, participating jurisdictions will compile performance metrics, evaluate campaign effectiveness, and identify opportunities for future public education efforts. Alternatives  Council may receive the presentation and provide additional feedback Page 82 of 104 regarding campaign priorities or messaging.  Council may direct staff to modify future outreach efforts based on Council feedback.  No additional direction is provided and staff continues with implementation of the regional communications plan as presented. Page 83 of 104 TRI-CITIES REGIONAL FIREWORKS EDUCATION CAMPAIGN 2026 COMMUNICATIONS PLAN Partner Agencies: Cities of Kennewick, Pasco, Richland, West Richland Campaign Theme: Know Before You Glow CAMPAIGN OVERVIEW The Cities of Pasco, Kennewick, Richland, and West Richland will launch a coordinated regional fireworks education campaign to improve public understanding of local fireworks regulations, promote safe celebrations, and reduce confusion surrounding fireworks laws throughout the Tri-Cities. The campaign will focus on education, consistency, and community awareness rather than enforcement. While each city maintains its own fireworks ordinances, residents frequently cross jurisdictional boundaries to purchase and use fireworks, creating confusion about what is legal and where fireworks may be discharged. The regional campaign will provide consistent messaging while allowing each city to communicate its own local regulations and resources. CAMPAIGN GOALS • Goal 1: Increase Public Understanding & Reduce Confusion o Improve resident awareness of local fireworks laws, permitted dates, approved fireworks types, and city-specific regulations. Provide clear, consistent regional messaging that explains fireworks laws vary by city. • Goal 3: Promote Safe Celebrations o Encourage safe handling, responsible use, and respectful celebrations. • Goal 4: Support Community Displays o Increase awareness of community fireworks events and public celebrations. TARGET AUDIENCES • Residents purchasing fireworks • Families celebrating Independence Day • Residents who have expressed concerns about fireworks Page 84 of 104 KEY MESSAGES • Primary Message: Know Before You Glow. o Before purchasing or using fireworks, know your local laws, permitted times, and approved fireworks types. • Supporting Messages o Regional Consistency ▪ Fireworks laws differ across Tri-Cities communities. ▪ Check local regulations before purchasing or using fireworks. ▪ What is legal in one city may not be legal in another. o Safety ▪ Celebrate responsibly and follow all safety instructions. ▪ Keep water nearby when using fireworks. ▪ Dispose of fireworks properly after use. o Community Respect ▪ Be mindful of neighbors, pets, veterans, and others who may be sensitive to fireworks. Responsible celebrations help create safer neighborhoods. o Community Celebrations ▪ Community fireworks displays provide a safe and enjoyable way to celebrate Independence Day. o Survey-Informed Messaging (Pasco Only) ▪ 831 residents participated in Pasco's recent community survey. ▪ Residents asked for clearer information about fireworks laws and safety. ▪ This campaign reflects community feedback and the City's commitment to responding to resident concerns. MESSAGING GUIDANCE & VIBE What We Will Emphasize ✓ Education ✓ Safety ✓ Clarity ✓ Community responsibility ✓ Regional consistency ✓ Resident feedback ✓ Local events What We Will Avoid ✗ Heavy enforcement messaging ✗ Threat-based messaging ✗ "Crackdown" language ✗ Promises of citation levels ✗ Discussion of police response capabilities ✗ Public shaming of residents Page 85 of 104 Recommended Enforcement Language "Illegal fireworks may result in citations or penalties under local ordinances. Residents are encouraged to review and follow local fireworks regulations." COMMUNICATION STRATEGIES Strategy 1: Create Consistent Regional Messaging Tactics: • PASCO: Develop shared campaign branding June 5th. • Lead All: Produce co-branded graphics featuring all participating cities. • PASCO: Coordinate posting schedules June 5th. • RICHLAND: Release a joint media announcement June 15th. • KENNEWICK: Develop common FAQs June 12th. Strategy 2: Increase Education Prior to Purchasing Tactics (All): • Launch campaign three weeks before Independence Day. • Publish legal fireworks guides on City websites. • Promote "Know Before You Glow" messaging by resharing content. • Partner with fireworks vendors to distribute flyers with QR codes to city websites. Strategy 3: Promote Safe and Respectful Celebrations Tactics (All): • Fireworks safety messaging. • Pet safety messaging. • Fire prevention messaging. • Neighborhood courtesy reminders. • Disposal and cleanup reminders. Strategy 4: Leverage Existing Community Events Tactics (All): • Promote local fireworks displays and highlight Independence Day events. COMMUNICATION CHANNELS Regional Communications • Earned media coverage • Social media • Community partnerships (schools, day camps, libraries, transit, etc.) • Fireworks vendor outreach Page 86 of 104 CREATIVE DELIVERABLES Lead Agency Message Method Date of Posting Regional Printed Materials (Distribute to Fireworks Stands) Kennewick Flyer template for Fireworks stands with QR Code Printed 8.5x11 June 15th Regional Social Campaign (FB, IG, Nextdoor) Pasco Know before you glow Graphic carousel June 12th Richland Legal Fireworks Information Graphic carousel June 16th Kennewick Fireworks laws differ by City Graphic carousel June 18th Richland/FDs Fireworks Safety Tips (drone issue) Shortform Video July 23rd Kennewick Community Fireworks Displays Graphic carousel July 25th Pasco/All BTS Communications Planning Reel June 30th Pasco/TCAS Pet Safety Graphic carousel July 2nd MEASUREMENT/KPIs Each City will report metrics to the City of Pasco for a final report after the campaign. • Awareness Metrics o Website visits o Social media reach o Video views o Graphic shares o Media coverage • Engagement Metrics o Comments and shares o Link clicks o FAQ page visits o AskPasco submissions Page 87 of 104 July 4: 9 AM-12 AM July 5: 9 AM-11 PM June 28: 12 PM- 11 PM F I R E WORKS June 29- July 3: 9 AM-11 PM in Kennewick, Richland & Pasco in Kennewick, Richland & Pasco Page 88 of 104 28 de junio: 12 PM- 11 PM 4 de julio: 9 AM - 12 AM 5 de julio: De 9:00 a 23:00 F U E G O S A RTIFICIALES Del 29 de junio al 3 de julio: 9 AM-11 PM en Kennewick, Richland y Pasco en Kennewick, Richland y Pasco Page 89 of 104 July 2 & 3: 6 PM- 11 PM F I R E WORKS July 4: 6 PM-12 AM in West Richlandin West Richland 2 y 3 de julio: 6 PM- 11 PM F U E G O S A RTIFICIALES 4 de julio: 6 PM-12 AM en West Richlanden West Richland Page 90 of 104 AGENDA REPORT FOR: City Council June 15, 2026 TO: Harold Stewart, City Manager City Council Workshop Meeting: 6/22/26 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Presentation - Structure of City Noise Enforcement & Fireworks Regulations I. ATTACHMENT(S): Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Background The City Council requested information regarding the enforcement of fireworks- related noise complaints and whether additional tools are available to improve enforcement. The City currently allows certain consumer fireworks during limited periods established by the Pasco Municipal Code. Some of these fireworks are designed to create noise and are legal under existing regulations. The City also regulates excessive noise through Chapter 9.130 of the Pasco Municipal Code. Existing code provisions allow enforcement of certain noise violations without requiring sound measurements and, in some cases, without an officer directly witnessing the violation. To help Council better understand the City's current enforcement options and limitations, the City Attorney reviewed the existing legal framework governing fireworks and noise complaints. This presentation summarizes that review and Page 91 of 104 outlines potential policy options for Council consideration. Impacts (other than fiscal) Fireworks-related complaints generate concerns from many residents each year, particularly regarding noise, neighborhood disturbances, impacts to animals, veterans, and other residents who may be sensitive to loud noise, as well as overall quality of life concerns. While and fireworks both governing noise, has City the regulations enforcement can be challenging. Officers and code enforcement staff must often determine who discharged the firework, where it was launched from, whether the firework was prohibited, and whether sufficient evidence exists to support enforcement action. The better a with public the Council provide will presentation and understanding of the City's current regulations, enforcement processes, and policy options available under state law. V. DISCUSSION: Recommendation Receive the presentation regarding the City's current fireworks noise direction staff to policy or provide and structure enforcement feedback regarding any future review of fireworks regulations or enforcement strategies. Constraints The primary challenge associated with fireworks enforcement is gathering enough evidence to identify the responsible party and support a citation. Even when complaints are received, enforcement staff may be unable to determine who discharged the firework, where it originated, or whether it was a prohibited cases, provide to unwilling are In many device. witnesses statements or participate in enforcement proceedings. As time enforcement staff and significant result, often efforts a require resources while carrying relatively limited penalties. These challenges would likely regulatory continue even if Council chose to consider alternative approaches, including a complete fireworks prohibition. Next Steps Following Council discussion, staff will: 1. Continue public education efforts regarding lawful and unlawful fireworks activity. 2. Maintain targeted enforcement efforts during permitted fireworks periods. 3. Evaluate any policy direction provided by Council regarding potential Page 92 of 104 amendments to the Municipal Code. 4. Return to Council with additional information or proposed code amendments if requested. Alternatives 1. Receive the presentation and provide no additional direction. 2. Direct staff to evaluate potential amendments to the City's fireworks regulations. 3. Direct staff to evaluate the feasibility and impacts of a complete fireworks prohibition 4. Direct staff to explore additional public education or enforcement strategies and return with recommendations. Page 93 of 104 {DPK4928-2109-7140;1/13206.000004/} MEMORANDUM Confidentiality VIA EMAIL DATE: June 10, 2026 TO: Harold Stewart, City Manager CC: Pasco City Council FROM: Daniel P. Kenny RE: Structure of City Noise Enforcement Question Presented: Are there mechanisms the City could consider to facilitate easier and less burdensome enforcement of noise issues, specifically surrounding fireworks? Short Answer: The Municipal Code already contains mechanisms that address two of the most significant challenges measurements an requiring and noise associated enforcement: noise with obtaining enforcement officer to witness the violation. Despite these provisions, enforcement of fireworks-related noise code explored have staff enforcement and police City practice. in difficult remains complaints various approaches to improve enforcement over the years with limited success. While additional policy options m make to will continue challenges fireworks practical and available, be ay evidentiary enforcement difficult. Analysis: Firework regulations - The City permits the discharge of consumer fireworks during limited periods established by the Municipal Code. Allowed consumer fireworks include certain devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive material, and other devices identified as consumer fireworks by the Washington State Patrol Fire Protection Bureau. These fireworks are identified on the City's website and through Washington State Patrol guidance. Importantly, some fireworks that are specifically designed to produce noise are lawful under the City's regulations. As a result, a complaint based solely on the fact that fireworks are making noise does not necessarily a Instead, violation. establish enfo the that evidence requires generally firework rcement involved was prohibited under the City's fireworks regulations, or that the activity otherwise violated applicable law. One policy option available to the City Council would be to prohibit all fireworks within the City. State law requires such a prohibition to be adopted at least one year before it becomes effective. However, even in jurisdictions that prohibit fireworks entirely, unlawful use often continues. As a result, public education and enforcement efforts would remain necessary even if the City were to adopt a complete ban. Page 94 of 104 Harold Stewart, City Manager June 10, 2026 Page 2 2 {DPK4928-2109-7140;1/13206.000004/} Noise regulations – The City's noise regulations are codified in Chapter 9.130 of the Municipal Code. These regulations are derived from Washington's noise control framework, including Chapter 70A.20 RCW and Chapters 173- 58, 173-60, and 173-62 WAC. The Municipal Code regulates public disturbance noise in two primary ways. First, noise may constitute a violation when it creates an unreasonable disturbance or interference with the peace, comfort, or repose of occupants of real property. Under the City's code, such a disturbance generally must be established through complaints from two or more individuals occupying separate residences on different properties. Second, categories of noise that are deemed public disturbance noises, the code identifies certain including noises generated by instruments, horns, loudspeakers, and similar sources. Under either enforcement pathway, noise measurements are not necessarily required, even though the code contains decibel standards. A violation may therefore be established without obtaining sound level readings. Violations of Chapter 9.130 may result in the issuance of a notice of violation and are generally treated as civil infractions subject to a civil penalty not exceeding $250. Civil infraction enforcement - Civil infractions are governed by Chapter 7.80 RCW. Under that statute, an enforcement officer may issue a notice of civil infraction when the violation occurs in the officer's presence. Alternatively, a court may issue a notice of civil infraction when an enforcement officer submits a written statement establishing either that the violation occurred in the officer's presence or that the officer has reasonable cause to believe the violation occurred. Accordingly, the law does not always require an officer to personally witness the violation before enforcement action may proceed. The City Prosecutor may pursue enforcement through either avenue. However, the maximum penalty remains limited to $250 per violation. Application to fireworks complaints – Because fireworks are not specifically identified as a public disturbance noise under Chapter 9.130, fireworks-related noise complaints generally fall within the broader category of an unreasonable disturbance or interference with the peace, comfort, or repose of occupants of real property. Accordingly, enforcement generally does not require noise measurement but does require complaints from at least two individuals occupying separate residences on different properties. practical challenges. In responding to fireworks complaints, enforcement officers face significant To directly issue a civil infraction based on personal observation, an officer must witness the violation. Both Page 95 of 104 Harold Stewart, City Manager June 10, 2026 Page 3 3 {DPK4928-2109-7140;1/13206.000004/} the Police Chief and Code Enforcement Officer have indicated that, as a practical matter, it is extremely difficult to observe the actual discharge of illegal fireworks in a manner sufficient to support issuance of a citation. The alternative is to investigate the complaint and seek issuance of a civil infraction through the court based upon a written statement establishing reasonable cause. While this process is legally available, it presents substantial evidentiary challenges. Common obstacles include: • Difficulty identifying the individual who discharged the firework; • Uncertainty regarding the location from which the firework was launched; • Inability to establish whether the firework was prohibited; • Witness reluctance to testify against neighbors; and • Limited evidence sufficient to support a finding that a violation occurred. The City Prosecutor has pursued enforcement actions through this process. However, these evidentiary hurdles require efforts enforcement addition, In such prosecution successful make often difficult. significant commitments of police, prosecutor, court, and potentially public defense resources, despite the relatively modest maximum penalty. The Police Department has also explored proactive enforcement strategies, including patrols intended to identify and observe fireworks violations. These efforts have not resulted in significant citation activity or measurable reductions in fireworks use. Conclusion: two obstacles common most of the alleviate mechanisms contains already Municipal Code The that associated with noise enforcement. In certain circumstances, enforcement may occur without obtaining noise measurements, and enforcement is not always dependent upon an officer personally witnessing the violation. Nevertheless, fireworks-related enforcement remains difficult in practice. The primary challenges are not legal but evidentiary and practical. Identifying responsible individuals, obtaining witness cooperation, gathering sufficient and evidence, dedicating limited enforcement resources to violations carrying relatively small penalties all significantly limit the effectiveness of enforcement efforts. While the City Council could consider policy alternatives, including a complete prohibition on fireworks, enforcement challenges are likely to persist regardless of the regulatory framework adopted. As a result, public education, voluntary compliance, and targeted enforcement efforts will likely remain important components of the City's overall approach to addressing fireworks-related noise concerns. Page 96 of 104 Structure of City Noise Enforcement Fireworks Regulations & Enforcement Challenges City of Pasco Washington Pa g e 9 7 o f 1 0 4 OVERVIEW QUESTION PRESENTED Are there mechanisms the City could consider to facilitate easier and less burdensome enforcement of noise issues, specifically surrounding fireworks? SHORT ANSWER The Municipal Code already contains mechanisms addressing the two most significant challenges —yet enforcement remains difficult in practice due to evidentiary and practical hurdles. Pa g e 9 8 o f 1 0 4 FIREWORKS REGULATIONS Permitted Fireworks Consumer fireworks allowed during limited periods set by the Municipal Code -including certain noise-producing devices like whistling devices and ground devices with ≤50 mg of explosive material. Key Enforcement Limit Some fireworks are specifically designed to produce noise and are lawful. A complaint based solely on noise does not establish a violation -the firework must be prohibited under City regulations. Policy Option The City Council may prohibit all fireworks. State law requires adoption at least one year before it takes effect. Even then, unlawful use often continues, requiring ongoing education and enforcement. Pa g e 9 9 o f 1 0 4 NOISE REGULATIONS & ENFORCEMENT PATHWAYS PMC CHAPTER 9.130 Noise Regulations Two enforcement pathways: 1. Unreasonable disturbance —requires complaints from 2+ individuals in separate residences on different properties. 2. Specific noise categories -horns, loudspeakers, instruments, and similar devices. Key: Noise measurements not required - decibel standards exist but violations can be established without sound readings. RCW 7.80 —CIVIL INFRACTIONS How Citations Are Issued Option 1 —Officer witnesses violation directly and issues notice on the spot. Option 2 —Court issues notice based on written statement of reasonable cause (officer need not personally witness). Max penalty: $250 per violation Pa g e 1 0 0 o f 1 0 4 PRACTICAL ENFORCEMENT CHALLENGES Fireworks enforcement faces significant evidentiary obstacles. Officers must either witness violations directly or build a case through a court-submitted written statement -both are difficult in practice. Identification Difficult to identify which individual discharged the firework. Location Uncertainty Uncertainty about the precise location from which the firework was launched. Classification Inability to establish whether the firework was prohibited under City regulations. Witness Reluctance Witnesses often reluctant to testify against neighbors. Limited Evidence Insufficient evidence to support a finding that a violation occurred. Resource Cost Enforcement requires significant police, prosecutor, court, and public defense resources for a $250 maximum penalty. Pa g e 1 0 1 o f 1 0 4 CONCLUSION & NEXT STEPS EXISTING CODE PMC already provides enforcement mechanisms that don't require noise measurements or an officer to personally witness the violation. PERSISTENT BARRIERS Primary obstacles are evidentiary and practical, not legal. Identifying violators, securing witnesses, and gathering evidence remain difficult regardless of code structure. PATH FORWARD Public education, voluntary compliance, and targeted enforcement — including possible consideration of a complete fireworks prohibition —remain key components of the City's approach. Pa g e 1 0 2 o f 1 0 4 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 103 of 104 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 104 of 104