HomeMy WebLinkAbout2008.07.14 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. July 14,2008
1. CALL TO ORDER
2. VERBAL REPORTS FROM COUNCILMEMBERS:
3. ITEMS FOR DISCUSSION:
(a) Presentation by Don Whitehouse, WSDOT Regional Administrator:
1. Agenda Report from Robert J.Alberts,Public Works Director dated July 9, 2008.
(b) Lewis Street Overpass- CH2MHill:
1. Agenda Report from Robert J. Alberts,Public Works Director dated July 9, 2008.
2, Proposed Agreement.
(c) Solid Waste Contract-Fuel Surcharge:
1. Agenda Report from Gary Crutchfield, City Manager dated July 10, 2008.
2. Letter from BDI to City Manager dated 6118108.
3. Proposed Contract Amendment.
(d) Water Follies Insurance Requirements:
1, Agenda Report from Stan Strebel, Administrative & Community Services Director dated
July 9, 2008.
2. Letter from Water Follies.
3. Insurance Requirements from Water Follies Agreement.
(e) Animal Control/Fees:
1. Agenda Report from Debbie Clark, City Clerk dated July 3, 2008.
2. Proposed Ordinance Amending PMC Chapter 8.02"Animal Control."
3. Proposed Ordinance Amending PMC Section 3.07.020"Fee Summary-Animal Control."
(f) First Night Tri-Cities Agreement:
1. Agenda Report from Gary Crutchfield, City Manager dated July 9, 2008.
2. Current Agreement.
(g) Right-of-Way Dedication for Sandifur ParkwayBroadmoor Boulevard Signal (MF
#INFO08-042):
1. Agenda Report from David I. McDonald, City Planner dated July 8, 2008.
2. Vicinity Map.
3. Right-of-Way Dedication Deed.
(h) Civil Service Commission Appointments:
1. Agenda Report from Gary Crutchfield, City Manager dated July 11,2008.
2. PMC 2.33.
3. RCW 41.08.030.
4. Application, Teri Cox.
5. Application, Coz Edwards.
6. Application, Janis Hastings.
NOTE: Applications are in Council packets only.
(i) Comprehensive Plan Update(MF#CP07-002) (City of Pasco):
1. Agenda Report from David 1. McDonald, City Planner dated July 9, 2008.
2. Proposed Ordinance.
3. Shannon&Wilson Technical Memo.
4. Critical Areas/Shoreline Chapter.
5. Draft Comprehensive Plan(provided to City Council on June 6, 2008).
NOTE: Draft Comprehensive Plan copies available in the Planning Office, the Pasco Library
or on the city's webpage at www.pasco-wa.gov for public review.
4. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
Workshop Meeting 2 July 14,2008
5. EXECUTIVE SESSION:
(a)
(b)
(e)
6. ADJOURNMENT.
REMINDERS:
1. 12:00 p.m., Monday, July 14, Pasco Red Lion—Pasco Chamber of Commerce Luncheon Meeting.
("Standing Out"presented by Sara Nelson of Sara Nelson Design, Ltd.)
2. 6:30 p.m., Monday, July 14, City Hail Conference Room #1 — Old Fire Pension Board Meeting.
(COUNCILMEMBER MATT WATKINS, Rep.; MAYOR JOYCE OLSON, Alt.)
3. 5:00 p.m., Tuesday, July 15, TRAC Facility— TRAC Board Meeting. (MAYOR JOYCE OLSON
and COUNCILMEMBER REBECCA FRANCIK)
4. 12:00 p.m., Thursday, July 17, 515 W. Clark Street— Pasco Downtown Development Association
Board Meeting. (COUNCILMEMBER AL YENNEY,Rep.; MATT WATKINS, Alt.)
5. 3:30 p.m., Thursday, July 17, 502 Boeing Street — Franklin County Emergency Management
Meeting. (MAYOR JOYCE OLSON, Rep.; COUNCILMEMBER TOM LARSEN, Alt.)
6. 11:30 a.m., Friday, July 18, Old Country Buffet--Benton-Franklin Council of Governments Board
Meeting. (COUNCILMEMBER TOM LARSEN,Rep.;BOB HOFFMANN, Alt.)
AGENDA REPORT NO. 17
FOR: City Council July 9, 2008
TO: Gary Crutchfie d anager
FROM: Robert J. Albe Works Director Workshop Mtg.: 07/14/08
SUBJECT: Discussion by Don Whitehouse, WSDOT Regional Administrator
1. REFERENCE(S):
11. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS:
7/14: Discussion
111. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The Washington State Department of Transportation (WSDOT) is finalizing the
design for the improvements on the SR395 Blue Bridge on the Kennewick side of
the river. This project will be bid for construction in the next few months.
V. DISCUSSION:
A) It has been over a year since Mr. Don Whitehouse, WSDOT Regional
Administrator has discussed with Council WSDOT projects that affect the City of
Pasco.
B) Mr. Whitehouse will brief the City Council on the SR395 Blue Bridge project and
improvements proposed on Lewis Street for vehicles accessing onto SR395 from
Lewis Street. WSDOT also has other projects that Mr. Whitehouse also may
address.
3(a)
AGENDA REPORT NO. 16
FOR: City Council July 9, 2008
TO: Gary Crutchf Manager
FROM: Robert J. Alberff*lie-Works Director Workshop Mtg.: 07/14/08
Regular Mtg.: 07/21/08
SUBJECT: Lewis Street Overpass— CH2MHill
I. REFERENCE(S):
I. Proposed Agreement
H. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
7/14: Discussion
7/21: MOTION: I move to approve the agreement with CH2MHil1 design
services for the Lewis Street Overpass on a time and material
basis not to exceed $225,000, and further, authorize the Mayor
to sign the agreement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) In 2000 the City Council adopted Resolution No. 2532. The resolution adopted
the Lewis Street Corridor Study and the options to replace the Lewis Street
Underpass (which was constructed in 1937) with a new overpass. Since the
adoption of the resolution the City has purchased one property and staff has
pursued funding programs without success.
V. DISCUSSION:
A) The next step for the project is to aggressively seek federal funding for the project.
This requires additional engineering to be performed by a consulting firm. On
June 25, 2008 three consulting firms were interviewed by a committee consisting
of Mayor Joyce Olson, Councilmember Al Yenney, City Manager Gary
Crutchfield and Public Works Director Bob Alberts. All firms interviewed were
qualified with good backgrounds. Providing assistance to compete for federal
funds, flexibility and being responsive were major considerations in making a
recommendation on which consultant should be selected.
B) Staff is recommending the proposed agreement with C112MHill, which is broken
into three tasks and based on a time and material fee basis. Unlike most
professional services agreements, the exact level of services cannot be determined
at this time. For example, different degrees of Tasks 2, 3 and 4 may be required
or recommended by the City's lobbyists. Staff would be responsible for
administering the agreement and determining the level of service for each task.
The goal is to acquire as much federal and state funding as possible for the $18
million dollar project.
Staff recommends Council approve the agreement with the fee not to exceed
$225,000 and add the expenditure in the year end supplemental budget.
3(b)
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter
referred to as the "City", and CH2MHill hereinafter referred to as the "Consultant".
WHEREAS, the City desires to engage the professional services and assistance of a
consulting firm to provide engineering services with respect to the Lewis Street Overpass project.
NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and
between the parties hereto as follows:
1. Scope of work. The scope of work shall include all services and material
necessary to accomplish the above mentioned objectives in accordance with Exhibit A. The June
20, 2008 letter of interest and qualification submittal is also part of this Agreement.
2. Ownership and use of documents. All research, tests, surveys, preliminary data
and any and all other work product prepared or gathered by the Consultant in preparation for the
services rendered by the Consultant shall not be considered public records, provided, however,
that:
A. All final reports, presentations and testimony prepared by the Consultant
shall become the property of the City upon their presentation to and acceptance by the City and
shall at that date become public records.
B. The City shall have the right, upon reasonable request, to inspect, review
and, subject to the approval of the Consultant, copy any work product.
C. In the event that the Consultant shall default on this Agreement, or in the
event that this contract shall be terminated prior to its completion as herein provided, the work
product of the Consultant, along with a summary of work done to date of default or termination,
shall become the property of the City and tender of the work product and summary shall be a
prerequisite to final payment under this contract. The summary of work done shall be prepared at
no additional cost, if the contract is terminated through default by the contractor. If the contract
is terminated through convenience by the City, the City agrees to pay contractor for the
preparation of the summary of work done.
3. Payments. The Consultant shall be paid by the City for completed work for
services rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be
on a time and material basis. The payment for all work performed pursuant to this Agreement
exceed the sum of$225,000.
B. All vouchers shall be submitted by the Consultant to the City for payment
pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each
voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the
progress of the work for payment of completed phases of the project. Billings shall be reviewed
in conjunction with the City's warrant process.
C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period of three (3) years after final
payment. Copies shall be made available upon request.
4. Time of performance. The Consultant shall perform the work authorized by this
Agreement promptly and within 270 days.
5. Hold harmless agreement. In performing the work under this contract, the
Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter
individually and collectively referred to as "Indemnitees"), from all suits, claims, demands,
actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the
Indemnitees from
A. All damages or liability of any character including in part costs, expenses
and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person
or organization for whom the Consultant may be responsible, and arising out of the performance
of professional services under this Agreement; and
B. All liability, loss, damage, claims, demands, costs and expenses of
whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be
based upon, any act, omission, or occurrence of the Consultant or any person or organization for
whom the Consultant may be responsible, arising out of, in connection with, resulting from or
causee by the performance or failure of performance of any work or services other than
professional services under this Agreement, or from conditions created by the Consultant
performance or non-performance of said work or service, regardless of whether or not caused in
part by the party indemnified hereunder.
b. General and professional liability insurance. The Consultant shall secure and
maintain in full force and effect during performance of all work pursuant to this contract a policy
of comprehensive general liability insurance providing coverage of at least $500,000 per
occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate
for property damage; and professional liability insurance in the amount of $1,000,000. Such
general liability policies shall name the City as an additional insured and shall include a
provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to
the City. The City shall be named as the certificate holder on the general liability insurance.
Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
7. Discrimination prohibited. Consultant shall not discriminate against any
employee or applicant for employment because of race, color, religion, age, sex, national origin
or physical handicap.
8. Consultant is an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or representative
of the Consultant shall be deemed to be an agent, employee or representative of the City for any
purpose. Consultant shall be solely responsible for all acts of its agents, employees,
representatives and subcontractor during the performance of this contract.
9. City approval. Notwithstanding the Consultant's status as an independent
contractor, results of the work performed pursuant to this contract must meet the approval of the
City.
10. Termination. This being an Agreement for professional services, either party
may terminate this Agreement for any reason upon giving the other party written notice of such
termination no fewer than ten(10) days in advance of the effective date of said termination.
11. Integration. The Agreement between the parties shall consist of this document and
the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the
parties and shall not be amended except by a writing executed by both parties. In the event of
any conflict between this written Agreement and any provision of Exhibit A, this Agreement
shall control.
12. Non-waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
13. Non-assi n� able. The services to be provided by the contractor shall not be
assigned or subcontracted without the express written consent of the City.
14. Covenant ap-ainst contingent fees. The Consultant warrants that he has not
employed or retained any company or person, other than a bona fide employee working solely for
the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award of making of this contract. For breach or violation of this warranty, the
City shall have the right to annul this contract without liability or, in its discretion to deduct from
the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
15. General Provisions. For the purpose of this Agreement, time is of the essence.
Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement,
venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall
apply, and the prevailing parties shall be entitled to its reasonable attorney fees and costs.
16. Notices. Notices to the City of Pasco shall be sent to the following address:
City of Pasco
P. O. Box 293
Pasco,WA 99301
Notices to the Consultant shall be sent to the following address:
CH2M Hill
8836 W. Gage Blvd., Suite 202A
Kennewick,WA 99336
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in
the U. S. mails, with proper postage and properly addressed.
DATED THIS DAY OF JULY, 2008.
CITY OF PASCO CONSULTANT:
By: By:
Joyce Olson,Mayor Wally Hickerson, P.E.,
Client Service Manager
ATTEST: APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
I Exhibit A
2 Phase 1 Scope of Services - Lewis Street Overpass
3 General
4 A four-phased approach was proposed by CH2M HILL in our Statement of Interest
5 submitted to the City on June 20, 2008,which by reference is attached hereto and made a
6 part hereof.Based on recent discussions with the City,the four-phase approach has been
7 revised to a three-phase approach to more accurately reflect the work necessary to complete
8 the project. This Phase 1 Scope of Services has been developed to identify the necessary
9 work to be completed with the primary goal of assisting the City in acquiring federal funds
10 from Congress during the 2009 fiscal year(FY 2009). It is intended that additional services
11 for the other phases will be provided as the project progresses.The work in later phases is
12 briefly outlined at the end of this Scope of Services.
13 Schedule
14 The timeline for completion of Phase 1 services is anticipated to take a maximum of nine (9)
15 months. Key milestone dates are listed below,with the assumption that a Notice to Proceed
16 from the City is received by July 31,2008.
17 • Federal and State funding briefing package and brochure-by October 31,2008.
18 • Completion of Phase 1 activities-by April 30,2009.
19 Task 1 .0 Funding Technical Services
20 1.1 Develop Overall Funding Strategy
21 The objective of this task is to prepare technical and informational materials for the project in
22 the development and implementation of the funding strategy to provide the City and its
23 lobbyist with the necessary support to assure this project is considered in the federal
24 budgeting process, and to assist the City in the acquisition of the necessary funds from
25 Congress. The approach will consist of two (2)meetings with the City,preparation of
26 brochures and other pertinent project information, and if desired,a lobbying effort at the state
27 and/or federal level.
28 The purpose of the first meeting will be to assist the City with developing an overall funding
29 strategy.The initial project description will be reviewed and revised as needed to meet project
30 needs. This meeting will be scheduled after coordination has taken place with potential
31 funding partners(FHWA,FEMA, Department of Homeland Security, WSDOT, TIB,FMSIB,
32 BNSF,the Port of Pasco, Ben Franklin Transit, and possibly local land developers and
33 businesses).A funding plan outline will be developed subsequent to this meeting based upon
34 the information gathered therein.
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1 The second meeting will be to discuss the plan outline with the City after other team members
2 have further developed supporting information (transportation planning,environmental scan,
3 updating of project costs) so that the funding strategy includes this input.With concurrence
4 from the City on the final strategy approach, the funding briefing package (project white
5 paper/brochure and presentation)will be prepared.
6 If the City elects,CH2M HILL personnel familiar with the appropriate legislators will make
7 the presentation of the funding briefing package at the state and/or federal level.The City
8 may also elect to make this presentation with its own staff or other resources.
9 As part of the overall funding strategy,CH2M HILL will assist the City in the preparation of
10 grant and/or loan applications from the potential funding partners identified above (FEMA,
11 Department of Homeland Security,WSDOT,TIB,FMSIB, and Public Works Trust Fund).
12 _Assumptions:
13 • Two (2) visits to the City are required to complete this task.
14 Deliverables:
15 • Memorandum summarizing the project funding strategy.
16 • Memorandum summarizing the project funding plan outline.
17 . Project funding briefing package,to include white paper/brochure and PowerPoint
18 presentation.
19 a Grant applications for other potential funding agencies (FHWA,FEMA,TIB,FMSIB).
20 Additional trips if authorized by the City would include:
21 • A one-day trip to Olympia attended by Roger Flint and/or Kirsten Pennington,
22 CH2M HILL financial professionals.
23 • A three-day trip to Washington,DC attended by one of the local CH2M HILL financial
24 professionals.
25 • Alternatively, a CH2M HILL financial professional local to the Washington, DC area
26 (Mr.Jay Farrar) could be substituted for the 3-day trip.
27 1.2 Purpose and Need Statement
28 The objective of this task will be to complete the purpose and need definition for the project
29 and assist the City in the preparation of documents required to access federal transportation
30 funds. Identifying the key elements of the purpose and need for the project will be critical in
31 developing the funding briefing package that ultimately will be presented to legislators and
32 grant and/or loan agencies. CH2M HILL and the City will identify those key themes and
33 messages relative to the purpose and need that will resonate with legislators and potential
34 funding resource agencies.This work will involve assessing the local transportation system as
35 a whole in order to identify the benefits that this project will bring to multiple user groups
36 and other vital service providers.
37 After review of the project's history,issues, challenges,and benefits,CH2M HILL and the
38 City will write a definitive purpose and need statement that will be used for the legislative
39 funding package,the formal NEPA process,and the Local Agency Federal Aid Project
40 Prospectus.
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1 Assumptions_
2 • The Purpose and Need statement will be sufficient to be used for several applications
3 during project development (funding briefing package,NEPA process, and others as
4 appropriate).
5 Deliverables:
6 • Formal Purpose and Need Statement.
7 Task 2.0 Concept Development
8 2.1 Pre-Design Study
9 The objective of this task is to support the federal funds request and produce a pre-design
10 document in sufficient detail to "fix" the project features,beyond a conceptual level,for later
11 design development,and to produce a more updated estimate of the total project cost.The
12 estimate is critical to setting the project funding target which will become part of the funding
13 briefing package and set the amount of funds to seek to complete the project.
14 This pre-design document includes the preliminary work necessary for the bridge TS&L
15 Study that will be required to be completed during Phase 3 (Preliminary Design).It will serve
16 as the guidance document to select the preferred bridge concept,determine the project cost,
17 footprint,and other project features.With input from City staff,CH2M HILL will develop a
18 conceptual layout for a bridge structure to aid in quantifying the structure cost.
19 CH2M HILL will prepare a Pre-Design Study which will be used as the guidance document to
20 direct the future design effort. This study will address such items as alignment and profile of
21 the bridge and associated roadways,structure type (to include materials,span layouts,bridge
22 width,pier and abutment configurations,foundation types,etc.), roadway features (to include
23 number and width of lanes and shoulders,provisions for bicycles and pedestrians,lighting
24 and signalization,utility relocations,etc.),right-of-way impacts,and drainage issues.
25 To accomplish this,a limited amount of geotechnical investigation and analyses,as well as a
26 limited amount of topographic surveying,may be required. Two (2) excavations would be
27 dug outside of the BNSF rights-of-way and the material assessed for its engineering
28 properties for bridge pier founding and roadway construction. Topographic surveying may
29 be conducted sufficient to determine roadway approach profiles and vertical clearances
30 beneath the structure.
31 CH2M HILL will prepare concept-level opinion of probable construction costs independent of
32 the previous 2000 Alternatives Evaluation study as part of the Pre-Design Study. These
33 estimates will be based on the best readily available information for 2008 construction costs.
34 Right-of-way costs will be estimated on current area sales information in the local area.
35 Assumptions:
36 • Two (2) excavations may be dug outside of the BNSF rights-of-way and the material
37 assessed for its engineering properties for bridge pier and roadway construction.
38 • Limited topographic surveying may be conducted to determine roadway approach
39 profiles and vertical clearances for the structure.
40 • No actual cost quotations for materials and/or labor from suppliers will be sought.
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1 • Costs will be estimated based on readily available information for recent similar
2 construction projects in the Pacific Northwest.
3 • Right-of-way costs will be based on recent sales in the local area.
4 Deliverables:
5 • Pre-Design Study with plan and profile layouts,project footprint,graphics, renderings,
6 design recommendations,and updated opinion of probable construction costs sufficient
7 for setting the basic premise to be carried forward into preliminary design.
8 2.2 Review Alternatives Evaluation Report
9 The objective of this task will be to confirm the assumptions made in the 2000 Alternatives
10 Evaluation report prepared by the Transpo Group to identify those assumptions that have
11 changed or proved not to be true,and make new assumptions based upon those changes. The
12 review is intended to bring the project in line with current conditions within the local area,
13 and to make allowance for changes in land use, growth,and changed traffic patterns since the
14 report was published in 2000.
15 CH2M HILL will conduct a review of the previous study prepared in 2000 to assess what has
16 changed subsequent to its publication.An assessment of the validity of the key assumptions
17 and conclusions reached will be made.The result of this effort will be a technical
18 memorandum that summarizes those elements that have changed since the previous the
19 Lewis Street evaluation was conducted,how those changes will affect the project now as it
20 moves forward, and an outline of the steps necessary to update the transportation analysis.
21 Assumptions:
22 The review will be completed by our subconsultant, Transpo Group,with CH2M HILL
23 input and guidance.
24 Deliverables:
25 Technical memorandum summarizing previous transportation analysis and significant
26 changes subsequent to the previous report.The memorandum will include a summary of
27 the steps necessary to update the transportation analysis to reflect those changes since the
28 original report's completion.
29 Task 3.0 Environmental Scan & Identify NEPA Requirements
30 The objective of this task will be to search for and uncover potential"fatal flaws" early in the
31 environmental screening process through a focused environmental "scan" so that these
32 potential challenges may be identified early and therefore resolved promptly during the more
33 formalized Phase 2 NEPA process. The approach will consist of two {2}meetings with the
34 City, visits to the project site and vicinity, and research of readily available documents and
35 other information to assess historically significant structures,endangered species,population
36 demographics,etc. to produce a technical memorandum summarizing the findings and
37 making recommendations as to which discipline reports will be required to be produced for
38 the NEPA process under Phase 2.
39 The purpose of the first meeting will be to review the initial project description, discuss the
40 draft purpose and need for the project,visit the project site, collect relevant documentation
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1 and information,and discuss potential issues and concerns as part of the environmental
2 "scan" to identify the primary issues that might affect project development. Some of these
3 issues will include Section 4(f)and 6(f)resources;increased noise levels; accelerated land
4 development and changing land use patterns;environmental justice through residential
5 and/or commercial displacements; archaeological,cultural, and historic resources;and access
6 control.This scan will serve to identify the larger environmental and permitting issues that
7 could cause problems later in the project development,and serve as a vehicle to begin
8 developing and initiating strategies to meet and overcome those challenges.This meeting will
9 be used to consider environmental needs that need to be addressed for funding packages, and
10 to address transportation/traffic issues related to the project. The environmental and
11 planning needs and concerns of the project will be used to develop a draft Purpose and Need
12 statement for the project that will support the funding package and the NEPA process.
13 The purpose of the second meeting will be to discuss the findings of the initial environmental
14 scan, and reach agreement on the identified environmental issues and concerns that need to
15 be addressed in more detail through the NEPA process.Archaeological,historical,and
16 cultural resources;noise mitigation,land development,land use patterns,and environmental
17 justice will be addressed in this meeting.
18 After concurrence from the City on the final summary of environmental issues/concerns,a
19 technical memorandum will be developed summarizing the environmental issues/concerns
20 and identifying those recommended for technical discipline reports to support the NEPA
21 documentation in the next phase of work.
22 Assumptions;
23 Information will be gathered by site visits and through other readily available sources
24 (web searches,reference materials/libraries, direct contact with resource agencies).
25 Deliverables:
26 • Technical memorandum summarizing the findings of the environmental scan and the
27 identification of the necessary discipline reports that will need to be prepared for
28 clearing the NEPA process.
29 Task 4.0 Coordination and Outreach
30 The objective of this task will be to establish early contact and initiate the coordination process
31 with the BNSF in order to more smoothly move the project forward through the railroad
32 permitting process and to garner initial and continued stakeholder support,develop a public
33 involvement plan for implementation in later phases of the work, and to keep the key
34 stakeholders engaged in the project development process to maintain stakeholder support for
35 the project.
36 4.1 BNSF Coordination
37 CH2M HILL will make contact and coordinate directly with BNSF,with participation by the
38 City as it desires.The intent of this coordination will be to establish the initial understanding
39 of the project,assess BNSF requirements as they relate to future planning,required design
40 standards and policies.As the project progresses through subsequent phases,a railroad
41 Construction and Maintenance Agreement between the City and BNSF will be required.
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1 CH2M HILL will also coordinate with the WUTC to address concerns of utility purveyors
2 whose infrastructure will require relocation as a result of the project.The WUTC serves as the
3 clearinghouse for comments and concerns from other public agencies and utility purveyors
4 for projects of this nature.
5 CH2M HILL will prepare a railroad coordination plan to aid the City in the approach and
6 timelines required to reach agreement with BNSF.The plan will define applicable BNSF
7 policies,design standards, design review durations,future track planning,right-of-way
8 requirements,and other elements.The plan will define key milestones related to the railroad
9 activities necessary to avoid overall project schedule delays.
10 Assumptions:
11 • CH2M HILL will arrange and conduct one (1) on-site meeting with the BNSF.
12 • CH2M HILL will arrange and conduct one (1)meeting with the WUTC at the offices of
13 the City.
14 . Preparation of a railroad Construction and Maintenance Agreement is not part of this
15 Scope of Services,but is reserved for a later project phase.
16 Deliverables:
17 • Lewis Street Overpass Railroad Coordination Plan(10 copies).
18 4.2 Stakeholder Involvement
19 The objective of this task will be to engage those most affected by the project and result in the
20 development of a plan to generate support from the public for the project. This work will
21 involve research and meetings with those identified in the previous (2000) Lewis Street work,
22 as well as potential new stakeholders as a result of changes in the area subsequent to the
23 publication of the previous report. Also included in this task will be the development of
24 graphics, images, and resource information that will be used as part of a communications
25 program. A newsletter along with a project web site will be developed during later phases of
26 the work to assist in the communication of the project status,timeline,and issues.
27 CH2M HILL and City staff will meet individually and/or collectively with key agencies
28 and/or stakeholders as necessary throughout the process.Additional outreach effort will be
29 directed toward the downtown business core to ensure full engagement of the Hispanic
30 community and local businesses in the project.Individual meetings may be necessary to
31 discuss issues such as funding and financing, economic impacts,right-of-way impacts, and
32 other community related issues that may need one-on-one discussion in order to reach
33 resolution.The regulatory agencies may include representatives from the elected officials of
34 BNSF,WSDOT,and others as identified by the City.
35 Graphic displays and presentation materials are anticipated as required for content
36 discussions. Some of this material will be developed in earlier tasks and readily available for
37 these meetings.Project information and literature will be prepared in bilingual format when
38 appropriate and Spanish translation will be available to assist in the discussion if necessary.
39 This scope assumes no more than ten (10) individual meetings attended by one CH2M HILL
40 staff.Meeting notes will be prepared summarizing the discussion,including a listing of
41 follow-up actions required.
VERSION 4-PRINTED 7111121}08
City of Pasco.SOW Dratf_PES_ReA.doc 6
SCOPE OF WORK
1 Assumptions:
2 • No more than ten(10) individual meetings attended by one CH2M HILL project staff.
3 Deliverables:
4 • Presentation materials and graphics as required for content discussions.
5 • Agendas,facilitation, meeting minutes, and summary notes for up to ten (10)
6 stakeholder meetings.
7 4.3 Public Involvement Plan
8 CH2M HILL will develop a Public Involvement Plan for the project consistent with the NEPA
9 process and procedures.The purpose of this plan is to identify areas of concern and various
10 community and general public needs for information about the project.The plan will outline
11 an approach,the necessary communication technology for responding to these concerns, and
12 the content necessary to satisfy the information needs of the public.Personal, one-on-one
13 interviews with up to ten(10) key stakeholders will be conducted to garner support for the
14 project for potential funding support. Some of the stakeholders interviewed will be
15 representatives from community organizations and special interest organizations to ensure
16 varying perspectives are obtained and noted.
17 CH2M HILL will prepare a draft plan for review by the City.Following the City's review,
18 comments will be incorporated and the final plan will be delivered to the City for
19 implementation.
20 Deliverables:
21 • Draft and final Public Involvement Plan.
22 • Contact Reports for up to ten(10)personal interviews.
23 Project Management
24 Project Administration
25 CH2M HILL's project manager will serve as the client service contact;provide coordination
26 and leadership;keep parties informed and directed; anticipate and resolve potential project
27 delays; and manage scope, schedule, and budget issues throughout the project duration.
28 CH2M HILL will prepare, receive, and distribute project correspondence,meeting notes,
29 review comments,progress reports,and other information to team members. Project files
30 will be set up and maintained throughout the project duration.
31 CH2M HILL will prepare and execute subconsultant agreements and manage subconsultant
32 activity.
33 CH2M HILL will track the work through written work authorizations received from the
34 City.These authorizations will be stored as part of the project record, and acknowledged at
35 the time of receipt. CH2M HILL will prepare and submit invoices on a monthly basis.
36 Deliverables:
37 • Monthly invoices.
38 • Confirmation of work authorizations, either by written or electronic means.
VERSION 4-PRINTED 711112008
CITY OF PASCO-SOW DRAFT_PE5_REV4.DOC 7
SCOPE OF WORK
1 Project Instructions
2 CH2M HILL will prepare written project instructions and outline processes,procedures,
3 and pertinent data,including a project schedule.The project instructions will be updated as
4 the project evolves.Included in the project instructions will be a Health and Safety Plan.
5 covering CH2M HILL's personnel for services performed under this contract.CH2M HILL
6 is not responsible for health and safety for personnel who are not employees of CH2M
7 HILL,or for personnel or areas not under CH2M HILL's control.
8 Deliverables:
9 • Project Instructions,with updates as they become necessary.
10 Notice to Proceed/Coordination Meeting
11 Upon notice to proceed,CH2M HILL will facilitate a coordination meeting with the project
12 management team,key City staff, and representatives from key agencies deemed
13 appropriate by the City. Agencies could include WSDOT,FHWA,TIB, FMSIB,FEMA,
14 BFCG,the Port of Pasco,Ben Franklin Transit,and local land developers and businesses.
15 The coordination meeting will assist in defining the project goals and purpose,components
16 and timeframes,the flow of the decision making process;and each group's general roles and
17 responsibilities.Together,this group will establish agreements on communication,resolving
18 conflicts,and decision making strategy for approaching state and federal stakeholders. It is
19 assumed the coordination meeting will be approximately four (4)hours in length.
20 Assumptions:
21 • Coordination meeting will be approximately four (4)hours and be attended by up to
22 four (4) CH2M HILL project staff members.
23 • Coordination meeting will be held at City offices.
24 Deliverables:
25 * Meeting minutes,agendas,and summary notes.
26 Project Management Team (PMT) Meetings
27 A Project Management Team (PMT) consisting of CH2M HILL project staff, select City staff,
28 and other key personnel of both staffs as appropriate and at the discretion of City,will be
29 formed. CH2M HILL will facilitate regularly scheduled monthly meetings of the PMT.
30 CH2M HILL will notify the City of these meetings via email with bullet point discussion
31 topics in the announcement.
32 The purpose of these meetings will be to discuss and resolve critical project issues, keep the
33 PMT informed and involved in the project development process,and develop action items
34 to facilitate project execution. Topics of discussion may include: scope,schedule, and budget
35 issues; construction cost trends;and concurrence on other issues of technical,political,or
36 community importance and/or interest that may affect project viability.
37 Assumptions:
38 a Up to eight (8) PMT meetings will be held over the course of Phase 1 of the project.
39 Deliverables:
40 • Meeting minutes, agendas, and summary notes.
VERSION 4-PRINTED 7/11/2008
City of Pasco•SOW DraR_PES_Rev4.doc 8
SCOPE OF WORK
1 Budget
2 All work to be undertaken shall be expressly authorized by the City in writing prior to
3 commencement of the work.The maximum amount payable for completion of this Scope of
4 Services for the Phase 1 work,including contingencies,salaries, overhead, direct non-salary
5 costs, subconsultant mark-up, and fee,will be on a time and materials basis with an initial
6 not-to-exceed budget estimate of$225,000. This amount will not be exceeded without prior
7 written authorization of the City.The budget shall not be amended without mutual
8 agreement of both parties.
9 General Scope Items for Future Phases of Work
10 The work identified briefly below is to be initiated after the conclusion of the Phase 1 Scope
11 of Services.The work below is not included in this Scope of Services.
12 Phase 2: Preliminary Design—Update the transportation planning elements to be
13 consistent with the City's current adopted comprehensive plan and Benton-Franklin
14 Council of Governments 2006-2025 Regional Transportation Plan. This will include travel
15 demand forecasting and modeling,projections of 20-year traffic operations based upon
16 expected growth,land use changes, and planned transportation improvements.
17 Begin the formal NEPA and SEPA permitting processes which will serve to document the
18 project's purpose and need,assess the potential environmental impacts,and identify the
19 appropriate mitigation measures,where required,which will allow the use of federal funds.
20 Complete the topographic surveying and geotechnical engineering tasks associated with
21 preliminary design;bridge TS&L Study;civil, roadway,and utilities design;value
22 engineering and constructability review; and the delineation of right-of-way takes.
23 Phase 3:Final Design--Complete the civil,roadway,and utilities design;6-month updates
24 to NEPA;right-of-way acquisition; and prepare construction documents ready for bidding.
VERSION 4-PRINTED 7111/2008
CfFY OF PASCO-SOW 0RAFT_PES_REV4.DOC g
AGENDA REPORT
TO: City Council July 10, 2008
FROM: Gary Crutchfi Manager Workshop Mtg.: 7/14/08
SUBJECT: Solid Waste C itract—Fuel Surcharge
I. REFERENCE(S):
A. Letter from BDI to City Manager dated 6/18/08
B. Proposed Contract Amendment
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
7/14: Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The city is responsible to provide solid waste collection and its proper disposal.
For more than 50 years, the city has contracted with BDI (or its predecessors) to
provide this essential community service. The rates charged by the contractor are
subject to review and approval by the City Council, as the contractor has
exclusive rights to solid waste collection in the city.
B) The current rates were last approved by City Council action in August 2006,
following a thorough review and analysis of the contractor's financial records by
the Washington Utilities and Transportation Commission (WUTC) and by an
independent CPA firm contracted by the city. At the time of the 2006 rate
adjustment, BDI had suggested use of a "fuel surcharge" in recognition of rising
fuel prices but staff recommended against such an element, pending its use by the
WUTC.
C) Since August 2006, fuel prices have spiked considerably and caused even greater
financial influence than anticipated 18 months ago. Consequently, BDI has
requested that the fuel surcharge concept be implemented by the city as soon as
possible(see reference A).
D) The fuel surcharge proposed by BDI is similar to that used by WUTC, in that it
effectively accounts for the change (increase) in fuel price since the date of the
rate decision in August 2006 and uses a temporary adjustment of the monthly
billing rates to recover the additional fuel expense being absorbed by the
contractor. By doing so, the integrity of the 2006 rate decision is sustained over a
longer period of time. if a surcharge mechanism is not used, then the contractor
will need to request an entire rate adjustment be implemented much sooner.
V. ' DISCUSSION:
A) Staff concurs in the contractor's suggestion that use of a fuel surcharge is
preferable to a full rate adjustment study and process, because the full rate study
was done so recently. Use of the WUTC surcharge model provides a mechanism
which: is proven to be effective; is in use in many areas of the state; is designed
and approved by WUTC, a state regulatory agency. Council should note also that
many private sector entities (including UPS and other transport companies) have
been using a fuel surcharge for some time.
3(c)
B) Following general consensus of Council at its July 23 Workshop that a fuel
surcharge appeared to be a reasonable step to take, a Council committee (Mr.
Garrison and Mr. Hoffinan) reviewed the relevant financial details of the
contractor's business expenses as well as the surcharge methodology. The
committee and staff concluded the fuel surcharge concept to be reasonable in
purpose and appropriate in methodology. The effect of the surcharge, using the
proposed methodology and current conditions, would result in an increase of
about $0.55 cents on the typical monthly residential account. If fuel prices move
higher, the surcharge will increase proportionately; conversely, if fuel prices
decline from present levels, the surcharge will decline proportionately.
C) The Committee noted that the current rate schedule was approved by the City
Council in August 2006, only two years ago. Historically, rate schedules have
been valid for 4-6 years before requiring full adjustment. Use of the fuel
surcharge at this stage should preserve the 2006 rate schedule for another 2-3
years, thus better assuring a stable rate schedule for solid waste collection services
for the community. Consequently, the committee and staff recommend approval
of the proposed contract amendment.
PASCO CITY HALL
bdi ` 2Gl}$ (509)547-2476 P F( E I V E 9 500-642-6447
(509)547-8617 fax
BASIN 012 INC.
2021 N. Commercial Ave.
P. 0. Box 3850 Pasco, WA 99302-3850 Pasco, WA 99301
June 18, 2008' `'I-fY ,j`A iCEER'c
Mr. Gary Crutchfield
City of Pasco
525 North 3`d Avenue
Pasco, WA 99301
Dear Mr. Crutchfield:
This letter is a follow up to my prior correspondence regarding the implementation of a fuel surcharge to
the current rates. The recent increase in fuel costs has dramatically eroded the allowable operating
margin approved by the Council two years ago. This request is specific to fuel, and is designed to
preserve the approved rate case for a greater period of time by adjusting for this single line item.
I believe that a simple adjustment mechanism can be used by virtue of having a known and established
fuel expense in the prior rate case. This fuel expense is a specific percentage of revenues. The
proposed adjustment mechanism can be described as measuring the known percentage increase in
fuel price, and then applying that increase to the already established fuel expense component. The
resulting math yields a percentage increase on gross billed revenue that applies specifically to the fuel
expense component. It should also be said that this mechanism works in either a positive or negative
direction, and will better reflect any changes in fuel costs.
The proposed adjustment mechanism has been widely used in the transportation sector, and more
specifically utilized by the Utilities and Transportation Commission as part of their rate setting
procedures. The surcharge more accurately compensates for fuel price changes, while at the same
time avoids the costly and time consuming process of a full rate case. I am proposing to utilize the
EIA/DOE publicized fuel index, which will be submitted to the City Manager's office on a bi-monthly
basis. The current fuel surcharge will be applicable for a two month period of time.
It is readily apparent that we are in a highly inflationary environment. Expenses for basic commodities
such as fuel and metal have adversely affected the established rate structure approved two years ago.
By authorizing the proposed surcharge adjustment, fuel price changes would now be able to be
recouped, with the ultimate goal of preserving the previously authorized operating ratio for a greater
period of time. I have supplied a sample surcharge calculation as an attachment to this letter. If there
are any questions, please feel free to contact me.
Sinc
Darrick Dietrich
General Manager
AGREEMENT
AMENDING SOLID WASTE COLLECTION SERVICE CONTRACT
This Agreement is made and entered into between the City of Pasco, a Municipal Corporation in
the State of Washington, and Basin Disposal, Inc., a Washington Corporation, and amends that
certain agreement between the parties entered into on the 15a' of March, 1993, titled "Solid
Waste Collection Service Contract' hereinafter referred to as Contract, as previously amended.
WHEREAS, the City Council, in August 2006 approved a rate adjustment for solid waste
collection services provided by Basin Disposal, Inc. but also declined to authorize a surcharge
mechanism to respond to the potential for further increases in fuel costs being experienced at that
time; and
WHEREAS, over the course of the past two years, fuel costs have increased much more
dramatically than anticipated at the time of the 2006 rate adjustment, resulting in the need for a
new rate schedule or use of a surcharge mechanism to offset the affect of fuel price increases;
and
WHEREAS, a fuel surcharge formula has been approved by the Washington Utilities and
Transportation Commission for use in many service areas throughout the state of Washington
over the past two years; and
WHEREAS, a committee of City Councilmembers has reviewed the applicable fuel cost
information and recommends use of a temporary surcharge mechanism to offset the affect of fuel
costs, thus preserving the 2006 rate schedule; NOW THEREFORE, the parties hereto agree as
follows:
Section 1. In addition to the base collection rates set forth in the contract amendment
dated August 21, 2006, the contractor is hereby authorized to include a "fuel
surcharge" on all solid waste collection accounts, provided the surcharge is
determined and used in accordance with the provisions hereinafter set forth.
Section 2. The following.definitions apply to the use of the fuel surcharge:
a. Base Fuel Expense: the proportion of approved rates attributable to gross
fuel expense,hereby fixed at 4.95%.
b. Base Fuel Price: the average cost of diesel fuel used at the time of the
2006 rate authorization, hereby fixed at $2.77.
C. Current Fuel Price: the per gallon price for retail sales of "West Coast
Number 2 Diesel Ultra-Low Sulfer" (0-15 PPM) for the most recent full
month reported in the "Monthly Diesel Prices — Ultra-Low" index
published by the Energy Information Administration of the US
Government.
d. Surcharge: the product of multiplying the base fuel expense by the
percentage change between the base fuel price and current fuel price.
Section 3. Surcharge Methodology: the Surcharge shall be calculated by subtracting the
Base Fuel Price from the Current Fuel Price and converting the difference to a
percentage of the Base Fuel Price; that percentage shall then be multiplied by
the Base Fuel Expense and the resulting product shall constitute the
Surcharge. The Surcharge shall be applied to each monthly or bi-monthly
account billing, in accordance with Section 4.
Section 4. The contractor shall submit to the city Finance Services Manager a Surcharge
calculation worksheet (example provided in Exhibit A) by the 15`x' day of the
month immediately preceding the months of August, October, December,
February, April and June; the Surcharge shall be deemed approved and
authorized unless written objection from the city is received by the contractor
within seven (7) days of city's receipt of the worksheet. A Surcharge shall
commence only on the first of each of the months named herein above.
5. This amendment shall be effective upon its approval by the City Council and shall
remain in effect until amended by City Council action. This amendment, however,
shall expire and become null and void upon City Council approval of a new rate
schedule for solid waste collection services.
Dated this day of 22008.
Approved by the City Council of the City of Pasco at its regular meeting of July 21, 2008.
CITY OF PASCO: BASIN DISPOSAL INC.
Joyce Olson, Mayor Leonard Dietrich, President
ATTEST:
Sandy Kenworthy, Deputy City Clerk
APPROVED AS TO FORM:
Leland Kerr, City Attorney
Basin Disposal Inc.,Amending Solid Waste Collection Contract-Fuel Surcharge
Page 2
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AGENDA REPORT
FOR: City Council July 9, 2008
TO: Gary Crutchfi anager
FROM: Stan Strebel, A ati ommunity Workshop Mtg.: 7/14108
Services Direc Regular Mtg.: 7121108
SUBJECT: Water Follies Insurance Requirements
1. REFERENCE(S):
1. Letter from Water Follies
2. Insurance Requirements from Water Follies Agreement
1I. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
7114: Discussion, give direction to staff
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) Tri-City Water Follies has requested a reduction in the insurance requirements for
liquor liability for the hydro plane races and activities at Wade Park in Pasco. The
current agreement (for 2007 - 2009 events) provides for limits of$5 million for
spirituous liquor service and $2 million for "beer garden" service (see attached).
The prior agreement (2004—2006) provided for limits of$5 million, however, the
agreement was administered by Franklin County.
B) Water Follies has requested limits of $2 million for liquor liability regardless of
service type. Staff has confirmed that the City of Seattle requires insurance limits
of not less than $1 million for liquor service and $2 million for liquor sales for the
Seafair event.
C) Staff has consulted with WCIA to determine if the pool has recommendations.
WCIA generally recommends the highest limits possible (noting that inflation has
taken its toll in the insurance industry as well as anywhere else) but acknowledges
that the $2 million limit may be the best that can reasonably be expected in the
market.
D) Staff anticipates Water Follies staff will be in attendance at the meeting of July
14.
3(d)
-rr-� r - cr -irY _
July 1, 2008
City of Pasco
Stan Strebel
525 N. 3`d Ave.
Pasco, WA 99301
Dear Mr. Strebel,
In 2007, the Tri-City Water Follies and the City of Pasco agreed to a new 3-year contract for the
use of Wade Park for the Lamb Weston Columbia Cup. The purpose of this letter is specific to
Section XII; liquor liability requirements for Margaritaville.
The opportunity to operate Margaritaville is a considerable sponsorship to the Tri-City Water
Follies. We rely on sponsorships to continue to host the Columbia Cup, contribute to community
organizations such as the Pasco Police Department's Reserve and improve area parks such as
planting grass and installing irrigation in Wade Park,
The Agreement for Operation of the Water Follies Event requires the contractors of Margaritaville
(spirituous liquor service)to carry liquor liability and general liability insurance to a limit not less
than $5,000,000.00. The sponsor, Ana Cuevas is the owner/operator of Club Paradise, a local
restaurant and lounge. Ana is highly skilled in the management of liquor service and security and
brings that expertise to the operation of Margaritaville. The$5,000,000.00 insurance requirement
greatly exceeds the amount she carries on her restaurant and lounge. The expense to purchase
$5,000,000.00 liquor liability insurance is significant and the amount of liquor liability insurance is
well above what is considered reasonable and customary in the industry.
Further, the Seattle hydroplane race Seafair, an event similar to the Tri-City Water Follies, has a
liquor area that sells beer, wine and spirituous liquor(Jack Daniels). The City requires Seafair to
carry liquor liability insurance to a limit not less than$1,000,000.00.
The Tri-City Water Follies understands the seriousness of serving liquor. We believe that
contracting with a company that is in the business of selling liquor strengthens the level of
operation in Margaritaville. We also believe that the amount greatly exceeds customary and
reasonable given the information from Seafair.
For this reason, we respectfully request the City of Pasco consider reducing the limit to not less
than $2,000,000 for the spirituous liquor service. Consideration would be based on the level of
expertise of the operators of Margaritaville and historical knowledge based on 2007.
_Thank you for your consideration of this request. We would like to schedule a meeting with you
on July 14 to discuss the insurance requirements. We look forward to working with you soon.
rely,
Ro Hue, President
Tri-City Water Follies
201 N. Edison, Ste 232, Kennewick, WA 99336 ph: 509.783.4675 Toll Free: 877.73.hydro www.waterfollies.com
X11
The Association agrees to maintain and pay for general liability insurance coverage
through American Boat Racing Association (ABRA) at all times hereof insuring the Association,
the County and the City, such insurance to afford protection of a limit of not less than
$5,000,000.00.
The Association agrees to require liquor liability insurance and general liability insurance
I or the company with which it contracts for the fenced area commonly known as "the beer
garden", such insurance to afford protection to a limit of not less than $2,000,000.00. The
Association, the City, and the County shall be named as additional insureds on the policies.
The Association agrees to require liquor liability insurance and general liability insurance
for the company with which it contracts for the fenced area commonly known as
"Margaritaville" (spirituous liquor service), such insurance to afford protection to a limit of not
I ess than $5,000,000.00. The Association, the City, and the County shall be named as additional
insureds on the policies.
The Association agrees to require general liability insurance from each company with
which it contracts as a vendor, such insurance to afford protection to a limit of not less than
$2,000,000.00. The Association, the City, and the County shall be named as additional insureds
on the policies.
Copies of the above insurance will be delivered to the City by the Association at least 14
days before the day race time trails are to be held.
XIII
The County, the City and the Corps of Engineers shall not be liable or responsible for
damages to property or injuries to persons which may arise from or be incident to the Tri-City
Water Follies Association's use and occupation of said premises, including the areas shown on
Exhibit "A" and the County and City roads and rights-of-way south of Court Street and east of
Road 60 inclusive to Road 34 inclusive, the person of the Association's officers, agents, servants,
employees, or others, including spectators or participants who may be on said premises at their
invitation or the invitation of any one of them. The Association shall hold the County and the
City harmless from any and all such claims which may arise from any damage or injury above-
mentioned, and shall at its expense defend any and all actions which may be brought against the
City and County upon such claims and shall pay any and all judgments that may be recovered
against the City and County upon such actions. Venue shall be in Franklin County.
The Association shall provide the City Engineer and the County Engineer, or such other
persons as designated by the City Engineer, passes for the purpose of inspections for compliance
with the agreement.
Agreement for Operation of Water Follies Event
page 4
AGENDA REPORT
FOR: City Council July 3,2008
TO: Gary Crutchfe anager W/Shop Mtg.: 07/14/08
Stan Strebel, A s tive& W
Services Dir Regular Mtg.: 07/21/08
FROM: Debbie Clark, City Clerk
SUBJECT: "ANIMAL CONTROL/FEES"
I. REFERENCE(S):
1. Proposed Ordinance,Amending PMC Chapter 8.02 "Animal Control"
2. Proposed Ordinance,Amending PMC Section 3.07.020"Fee Summary -Animal Control"
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
07/14: Discussion
07/21: Motion: I move to adopt Ordinance No. amending PMC Chapter 8.02 Animal
Control; and authorize the publication by summary only.
Motion: I move to adopt Ordinance No. amending PMC Section 3.07.020 Fee
Summary-Animal Control; and authorize the publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) The Animal Control Authority is recommending amendments to the Animal Control
Chapter of the Pasco Municipal Code in order to bring about greater uniformity between
the regulations of the three cities; incorporate new state law on wild animals; and to
clarify certain provisions.
B) The attached proposed ordinance contains the following significant changes in addition
to numerous minor wording changes suggested to assist in administering animal control
operations.
Definition: 8.02.010(1) "Abandon" and 8.02.010(22) "Welfare" are added to assist
Animal Control when investigating common issues.
Definition: 8.02.010(18) "Wild Animal" has been deleted due to the proposed
incorporation of the RCW Sections pertaining to potentially dangerous wild animals.
Definitions for Animal Control Authority and Poundmaster are also clarified.
Section 8.02.060 "Impounding of Animal" is revised to specify required vaccinations to
reduce the potential outbreak of various virus conditions such as Parvo and Kennel
Cough, which are highly contagious and occur frequently in stray animals that have not
received such vaccinations. This is intended to minimize problems at the shelter and to
facilitate adoption of stray animals.
New section 8.02.175 "Removal of Animal" is proposed language to define cases when
an animal may be removed from property with a warrant and without a warrant (life
threatening conditions).
Sections 8.02.320 (3) and (4) receive numerous changes for clarity relating to the appeal
process regarding dangerous/potentially dangerous dog declarations: The appeal is to be
received by the City Clerk and heard by the Hearing Examiner; An appeal filing fee is
now included.
Section 8.02.320(4) also references the establishment of a "Declaration of Removal"
form for use when an owner removes a dangerous or potentially dangerous dog from the
city limits so as not to fall under the requirements of the same.
3(e)
Section 8.02.330 provides for the reference of various new RCW sections pertaining to
potentially dangerous wild animals.
C) As has been City practice, fees for appeals and vaccination are set forth in Chapter 3.07
of PMC. The attached ordinance amends Section 3.07.020 reflecting the new changes.
While the RCW's set penalties for violations of the potentially dangerous wild animal
section in a range, staff recommends adoption of progressively higher penalties with
repeat violations, consistent with our current practice for animal violations. Staff
recommends the adoption of both ordinances.
ORDINANCE NO.
AN ORDINANCE amending Chapter 8.02 "Animal Control" of the
Pasco Municipal Code.
WHEREAS, the City Council of the City of Pasco has determined that certain
amendments to the Pasco Municipal Code regarding Animal Control are warranted;
NOW, THEREFORE, the City Council of the City of Pasco, Washington, Does
Ordain as follows:
Section 1. That certain Sections of Chapter 8.02 ANIMAL CONTROL of the Pasco
Municipal Code is amended to read as follows:
Section 2. That Section 8.02.010 entitled "Definition of Terms" shall be and hereby
is amended and shall read as follows:
8.02.010 DEFINITION OF TERMS
"Abandon" means the knowing or reckless desertion of an animal by its owner or
the causing of the animal to be deserted by its owner, in any place, without making provisions
for the animal's adequate care. An animal left without adequate care for three or more da sy shall
be prima facie evidence that the animal has been abandoned.
(42) "Animal" ineluded includes but is not limited to dogs and cats.
(23) "Animal Control Authority" " nam°°te r-" or "Chief Animal Control Offs "
means the per-son, emt4y, asseeiatien er eer-per-afien, appointed or authorized by 4he Gib fer
enforcement of the animal een4fel laws, shelter- and welfare of animals within the c4y of Pasee.
means the joint power authority formed by interlocal agreement, of the cities of Richland, Pasco
and Kennewick, to implement and provide animal control and sheltering services_within the
respective cities.
(34) "Animal Control Officer" means any individual, pleyea en r°^*°d with
appeinled by the Animal GefAfel Authority fer- the ptir-pose ef aiding in the enfer-raefnefA of this
ehapter-or- an),other- laws or or-dinanees relating to the heensing of animals, eentr-el Of aftifBa1&,--&f
impoundment of any anifnal. refers to that person employed by or under contract to the City to
enforce the provisions of this title.
(45) "At Heel." A dog shall be deemed to be "at heel" during such times as the dog is
positioned and controlled in such a manner so as to remain within a distance of two feet from its
owner or other competent person having charge of such dog.
(566) "At Large" means off the premises of the owner or upon the public streets, alleys,
public grounds, school grounds or parks within the city. A dog shall not be deemed at large if:
(a) It is attached to a leash or chain of sufficient strength to restrain the dog and not
more than eight feet in length, when said leash or chain is held by a person competent to restrain
and control the dog off the owner's premises;
(b) It is properly restrained within a motor vehicle or housed in a veterinary hospital;
(c) It is accompanied by and "at heel" beside the owner or a competent responsible
person;
(d) The dog or dogs are left unattended on the owner's premises, and it or they shall
be so confined, tied or restrained as to be unable to range beyond the owner's premises.
(57) "Cat" means and includes female, neutered female, male and neutered male cats.
(-78) "Commercial Kennel" means any lot, premises, building or structure where four
or more dogs or four or more cats over six months of age are kept.
(99) "Competent Person" means any person who, by reason of age and physical ability,
and training, is capable of maintaining control of an animal to the extent required by this chapter.
(91J0 "Dangerous Animal" means any animal that (a) has inflicted severe injury on a
human being without provocation, (b) has killed a domestic or livestock animal without
provocation, or (c) has been previously found to be potentially dangerous, the owner having
received notice of such and the animal again aggressively bites, attacks, or endangers the safety
of humans or domestic animals.
(4-911) "Dog" means and includes female, neutered female, male and neutered male dogs.
(12) "Domestic Animal" means a tame animal in the house or home, or on the
property, living with or used by eo le for companionship, work and/ or a food source.
(44 13) "Health Officer" includes any person designated as such by the Benton-Franklin
district health office, or any other person designated as such by the city council.
(14) "Livestock" includes but is not limited to horses mules, cattle, sheep, swine, goats
and fowl kept or raised on a farm ranch or other spread of land which are raised for home us_e
profit, or hobby.
(44215) "Owner" means any person, firm, corporation, organization, or department
possessing, harboring, keeping, having an interest in, or having control or custody of an animal
for three consecutive days or more. An animal is deemed to be harbored if it is fed or sheltered
for three consecutive days or more and knowingly ermitted to remain on the premises occupied
by that person. If the owner of the animal is a juvenile, a parent or other custodian of such
juvenile shall for the purposes of this chapter, be treated as the owner of the animal.
(4-3j_6) "Person" includes any person, firm, organization, partnership, corporation, trust or
association of persons.
(4417) "Potentially Dangerous Animal" means any animal that when unprovoked: (a)
inflicts injury on a human or a domestic animal, or livestock, or (b) chases or approaches a
person upon the streets, sidewalks, any public grounds, or upon private property other than that
of the animal's owner, in a menacing fashion or apparent attitude of attack, or (c) has a known
propensity, tendency, or disposition to attack, or to cause injury or otherwise to threaten the
safety of humans or domestic animals or (d) is a Pit Bull Terrier which means any American Pit
Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog or any
mixed breed of dog which contains as an element of its breeding the breed of American Pit Bull
Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier so as to be identifiable as
partially of the breed American Pit Bull Terrier, Staffordshire Bull Terrier, or American
Staffordshire Terrier. (Ord. 3756 Sec. 1, 2006; Ord 3714 Sec. 1, 2005).
(18) "Poundmaster" means the Chief Officer appointed by the Animal Control
Authority for the enforcement of animal control laws and regulations. The Poundmaster may
include or employ Animal Control Officer(s) and/or a Chief Animal Control Officer.
(4-�19)"Proper Enclosure" means, while on the owner's property, a dangerous, or
potentially dangerous or animal shall be securely confined indoors or in a an outside
securely enclosed and locked pen or structure, resistant to tunneling, suitable to prevent the entry
of young children and designed to prevent the animal from escaping. Such pen or structure shall
have secure sides not less than five feet high and a secure top, and shall provide protection from
the elements for the animal. The requirement for a secure top on the enclosure may be waived
by the poundmaster upon showing that it is unnecessary. This section shall not apply to guard
dogs or watch dogs utilized to secure premises enclosed by a fence or wall not less than rive feet
high and resistant to tunneling, located within an industrial or commercial zone.
(1620) "Severe Injury" means any physical injury that results in death, broken bones or
disfiguring lacerations requiring one or more ai+116ple-sutures or cosmetic surgery.
(1721) "Veterinary Hospital" means a public establishment regularly maintained and
operated by a licensed veterinarian for the diagnosis and treatment of disease and injuries of
animals.
Animal"(18) 21A'ild means any (a) nen human pr-ifnate; (b) wild eat ifiel"di
lion, tiger-, eeugaf, mountain lien, lynx er- bobcat; (e) bew; (d) wolf-, e0yete, fem er- its hybrA5
,
Burmese p�4hen or- any ether- snake whieh may reaeh 10 feet or- mer-e in length; (g) alligator-;
er-eeedile a- (h) any other- animal whieh is eapable of killing or- seriously injur-ing-a
human beift
(22)"Welfare check"means tending to the well being of an animal,
Whenever a type or breed of animal is described in this chapter, it includes any hybrid,
cross breed or mixed breed of such animal to any degree that the type or breed can be identified
by either the animal's appearance, behavior or pedigree.
Whenever a power is granted to, or a duty is imposed upon the poundmaster or Chief
Animal Control Officer or other public officer, the power may be exercised or the duty
performed by an agent of the officer or by any person duly authorized unless this chapter
expressly provides otherwise.
All other words and phrases used in this chapter will have their commonly accepted
meanings. (Ord. 3723 Sec. 1, 2005; Ord. 3326 Sec. 1, 1998.)
Section 3. That Section 8.02.030 entitled "Animals Injuring Property Unlawful" shall
be and hereby is amended and shall read as follows:
8.02.030 ANIMALS INJURING PROPERTY UNLAWFUL. It is unlawful for any
owner to suffer or permit any dog, cat or other animal to trespass on private or public property so
as to damage or destroy any property or thing of value, kill, maim or disfigure another's animal
or livestock, or to deposit fecal matter on any property not that of his owner, and the same is
declared to be a nuisance and any such dog, cat or other animal may be seized and impounded.
(Ord. 3326 Sec. 1, 1998.)
Section 4. That Section 8.02.060 entitled "Impounding of Animals" shall be and
hereby is amended and shall read as follows:
8.02.060 IMPOUNDING OF ANIMALS. Any animal off the premises of the owner
and not under the control of some person, or which is otherwise in violation of this chapter and
subject to impound, shall be impounded.
owner-'s pfepei4y. All animals impounded will be subject to receiving DHLP,
eenfined on the Parvo and Bordetella vaccinations Reimbursement of vaccination cost will be at the expense of
the owner. (Ord. 3326 Sec. 1, 1998.)
Section 5. That Section 8.02.080 entitled "Redemption of Impounded Animal" shall
be and hereby is amended and shall read as follows:
8.02.080 REDEMPTION OF IMPOUNDED ANIMAL. (1) Unless this chapter requires
impounding for a longer period of time, any impounded animal may be redeemed by the owner,
or authorized representative of the owner, by payment to the poundmaster of an impounding fee
and a boarding fee for each calendar day, or part thereof, the animal has been confined, including
the day on which the animal is first impounded. Each fee shall be as set forth in Chapter 3.07 of
this code provided that the impounding fee shall be increased for the second impoundment and
for the third and subsequent impoundments during a twelve month period. If the animal has no
valid license tag the owner shall also obtain a license tag for the current year or duplicate tag in
accordance with the provisions of this chapter.
(2) Upon receiving payment of all fees due, the poundmaster shall execute a receipt
in duplicate therefor, and one shall be delivered to the owner, upon which the owner shall
acknowledge delivery of the animal and one shall be retained by the poundmaster.
(3) If the animal has been declared , potentially dangerous or dangerous, the
owner must also obtain a permit in accordance with 8.02.320 before such animal can be
redeemed by the owner. (Ord. 3609 Sec. 1, 2003; Ord. 3385 Sec. 3, 1999; Ord. 3326 Sec. 1,
1998.)
Section 6. That Section 8.02.170 entitled "Crimes Against Animals" shall be and
hereby is amended and shall read as follows:
8.02.170 CRIMES AGAINST ANIMALS. (1) Any person who, with the intent to
deprive or defraud the owner thereof, takes, leads away, confines, secretes, or who conceals the
identity by obscuring, altering or removing any collar, tag, license, tattoo or other identifying
device or mark on any dog or other domestic animal shall be guilty of a gross misdemeanor.
(2) Any person who willfully molests, provokes or mistreats any animal or willfully
opens any door or gate or unleashes any animal for the purpose of allowing it to leave its owner's
property or to be at large shall be guilty of a misdemeanor.
(3) Any person who shall willfully injure, torture, torment, mutilate, neglect, or
deprive of the necessary food or water, or who shall overdrive, overload, overwork, or work
when disabled, cruelly beat, mutilate, or cruelly kill any cat, dog or other animal, or cause or
procure an animal to be overdriven, overloaded, driven when overloaded, overworked, tortured,
tormented, deprived of the necessary food and water, cruelly beaten or killed or who shall kill or
wound any domestic animal by use of any gun, club, knife, bow and arrow or other weapon
which may be used for the purpose of inflicting injury or death to any such animal, shall be
deemed guilty of a gross misdemeanor. Any owner of an injured, ill, malnourished, neglected or
mistreated animal shall provide necessary veterinary care or aid of such animal as may be
necessary, as determined by the poundmaster, provide for the recovery of or relief from
unnecessary suffering of the animal.
(4) Any person who shall maliciously kill, maim or disfigure another's animal, or
maliciously administer poison to any such animal, or expose any poisonous substance with intent
that the same should be taken by such animal, or commit any other act or omission by which
unjustifiable pain, distress, suffering or death is caused or permitted to any animal or animals,
whether the acts or omission herein contemplated be committed either maliciously, willfully or
negligently, or knowingly permit such act or omission, or shall cause or procure the same to be
done shall be deemed guilty of a gross misdemeanor.
(5) It is unlawful for any person to abandon any domestic animal by dropping off or
leaving such animal on the street, road or highway, or in any other public place, or on the private
property of the owner or another, including unauthorized abandonment at an animal shelter.
(6) This section does not apply to the killing of any animal by a police officer, animal
control officer, a licensed veterinarian, the owner of such an animal or a person authorized by
him to destroy such animal; provided, however, that the death of such an animal is accomplished
in a humane manner and for lawful purpose.
(7) Every person, firm or corporation convicted of violating subsections (1), (3) or (4)
of this section shall be punished by a mandatory fine of not less than $500.00 per animal.
Conviction under this section does not bar prosecution and conviction under any other section of
this code or any other law or ordinance. (Ord. 3326 Sec. 1, 1998.)
Section 7. That Section 8.02.175 entitled "Removal of Animal - Notice" shall be and
hereby is amended and shall read as follows:
8.02.175 REMOVAL OF ANIMAL—NOTICE. If a law enforcement officer or animal
control officer has probable cause to believe that an owner of a domestic animal has violated
PMC 8.02.170 and no responsible person can be found to assume the animal's care, the officer
may authorize with a warrant, the removal of the animal to a suitable place for feeding and care,
or may place the animal under the custody-of the poundmaster (RCW16.52.085). An officer may
remove an animal under this subsection without a warrant only if the animal is in an immediate
life-threatening condition. In all cases, the officer shall make mood faith effort to notify the
owner prior to the animal's removal. If contact cannot be made, notice shall be given by posting
the place of the seizure, by delivering to a person residing at the place of seizure, or by registered
mail if the owner is known.
Section 8. That Section 8.02.250 entitled "Kennels — Licensing Provision --
Commercial Kennels" shall be and hereby is amended and shall read as follows:
8.02.250 KENNELS - LICENSING PROVISION - COMMERICAL KENNELS. No
person, firm or corporation shall maintain a commercial kennel within the City without having a
current business license and valid commercial kennel license therefore posted in plain view on
the premises. The City Clerk shall issue an annual business license and commercial kennel
licenses upon the payment of an annual fee as established by the City Council in Chapter 3.07 of
this Code and upon receipt of an annual Certificate of Inspection from the Inspection Services
Manager. No license shall be issued for a commercial kennel located in violation of any zoning
regulations governing the location of commercial kennels, or operated in violation of any other
law. (Ord. 3829, 2007; Ord. 3326 Sec. 1, 1998.)
Section 9. That Section 8.02.280 entitled "Unlicensed Animals — Annual Survey"
shall be and hereby is amended and shall read as follows:
8.02.280 UNLICENSED ANIMALS - ANNUAL SURVEY. (1) On e_ ^ft°M Mafeh '"+
Each ,year the City may undertake a survey of all residents in the City to locate and address
themselves to every owner of unlicensed dogs.
(2) Every legal means will be used to bring recalcitrant owners into compliance. The
canvassers will be given the authority to sell licenses and collect a penalty as determined from
time to time by the City Council. (Ord. 3326 Sec. 1, 1998.)
Section 10. That Section 8.02.320 entitled "Wild, Potentially Dangerous and
Dangerous Animals" shall be and hereby is amended and shall read as follows:
8.02.320 WILD, POTENTIALLY DANGEROUS AND DANGEROUS ANIMALS.
(1) Declaration: The poundmaster has the authority to declare an animal w4d,
potentially dangerous or dangerous and require such animal to have a permit in accordance with
this section. The poundmaster may declare an animal wiled;potentially dangerous or dangerous if
he has probable cause to believe that the animal falls within the definitions set forth in section
8.02.010. If the owner of such animal can be readily determined, the poundmaster shall notify
the owner personally or by certified mail of the declaration. If, however, the owner of such
animal cannot be readily determined, notification shall be waived.
(2) Impoundment: No person shall have, keep or maintain a wi; potentially
dangerous or dangerous animal without first obtaining a permit from the poundmaster. Animal
wit-heat a pefmk in aeoer-danee with this section shall be ifeanediately impounded by
pettadmastef- at the e-xpease of the e;wmer-. Any animal meeting this definition and found at-large
without a hermit will be impounded immediately at the expense of the owner. If the owner of
such animal can be readily determined, the poundmaster shall notify the owner personally or by
certified or regular mail of the impoundment. If, however, the owner of such animal cannot be
readily determined, notification shall be by posting at the Animal Control Agency as provided in
Section 8.02.100.
(3) Appeal: Any owner of an animal subject to this section, may appeal the
determination of the poundmaster to the Hearing Oe Examiner for determination provided
the appeal is made in writing including payment of an appeal filing fee payable to the City(as
written in Section 3.071 and filed with the „e,..,d., ,sash- vii dhin ova 62) days City Clerk within ten
10 da s of the poundmaster's determination. The hearing shall be scheduled within seven (7)
days of the date of service of such notice and the decision of the poundmaster shall be stayed and
any impoundment shall continue, at the cost of the owner, pending the appeal.
a) If the Hearing Examiner finds insufficient evidence to support the Declaration, the
Declaration shall be rescinded and the restrictions imposed thereby annulled, and the appeal
filing fee refunded. All impound fees are the responsibility of the owner of the animal, no
animal impound expense and fee(s) shall be assessed against the City of Pasco or the animal
control authority or officer.
b) If the Hearing Examiner finds sufficient evidence to support the declaration, he / she
shall impose hearing costs on the appellant (as written in Chapter 3.07), restitution if applicable,
and may impose additional restrictions on the animal,
c Decisions of the Hearing Examiner shall be final and conclusive unless a timely
appeal is filed with the Superior Court of Franklin County by an aggrieved ieved party within twenty-
one 21) calendar days from the date of issuance of the decision and any impoundment_shall
continue at the cost of the owner, pending the qppeal.
(4) Redemption or Destruction of Animal: An animal impounded under this section
shall be returned to its owner if he complies with section 8.02.320(5) and 8.02.080 within 72
hours of after notification of impoundment. If, however, the owner of the impounded animal
under this section does not comply with section 8.02.320(5) and 8.02.080 within 72 hours after
notification of impounding, such animal shall be destroyed in an expeditious and humane
manner. For purposes of determining whether the 72 hours have expired, the following methods
shall be used: (a) if the owner is personally served by the poundmaster, time begins when the
owner was personally served; (b) if the owner is mailed notice by certified and regular mail,
time begins when the notice was mailed; and, (c) if the owner of such animal could not be
readily determined by the poundmaster, notice shall be by posting as provided by section
8.02.100 and the time begins at posting as provided by section 8.02.100. EXCEPTION: Upon
execution of Declaration of Removal by the owner, or authorized representative of the owner of
the animal and payment of a licable fees including im ound fees the animal may be released
by the poundmaster into the custody of the owner, or authorized representative of the owner for
the immediate and permanent removal of the animal from Pasco.
(5) Permit Required: No person shall have, keep or maintain any wik potentially
dangerous or dangerous animal without first obtaining an annual permit from the poundmaster.
The fee for such a permit shall be in addition to the regular annual license fee. A permit will only
be granted if the applicant has provided and maintains: (a) a proper enclosure to properly and
safely confine the animal as determined by the poundmaster, (b) a conspicuously posted sign
on the premises which clearly warns the public and children that there is a v4W, potentially
dangerous or dangerous animal on the property, (c) $250,000 surety bond issued by a surety
insurer qualified under RCW 48.28 in a form acceptable to the poundmaster payable to any
person injured by the wild, potentially dangerous or dangerous animal; or liability insurance,
such as homeowner s insurance, issued by an insurer qualified under Title 48 RCW in the
amount of not less than $250,000 with maximum deductible coverage not to exceed $2,500 in a
form requiring notice to the City of cancellation or nonrenewal of such policy not less than 30
days prior to its date of cancellation or expiration, insuring the owner for any personal injuries or
property damage inflicted by the animal and (d) proof that all surrounding property owners and
occupants have been notified and given an opportunity to comment on the confinement plans.
(Ord 3756 Sec. 2, 2006).
(6) Exemption to Permit Requirement: An animal that is classified as "potentially
dangerous" under the provisions of subsection 8.02.010 (14)(d) may be exempted from the
permit requirements of the above subsection (5), provided such animal has passed the Canine
Good Citizen (CGC) test of the American Kennel Club (AKC), as administered by the
poundmaster or the Animal Control Authority, and received the appropriate certificate from
AKC. Such animal shall be retested and passed at least once every two years in order to maintain
this exemption.
(7) Control and Confinement: Dangerous and potentially dangerous animal must be
muzzled and securely leashed, restrained and under the control of a person physically able to
control the animal when away from the property of the owner or keeper; or, while on the
property of the owner, must be securely confined within a "proper enclosure" as defined in
section 8.02.010 made of materials strong enough to adequately and humanely confine the dog in
a manner which prevents it from escaping the property and to prevent the entry of young children
and kept in conformance with requirements in section 8.02.320(5).
(8) Violations and Regulation: Any person violating the provisions of this section
shall be guilty of a gross misdemeanor. No person who, being the owner of any w4d, potentially
dangerous or dangerous animal, shall keep, harbor or maintain the same on or off his premises in
a manner endangering or likely to endanger the safety of persons, property or other animals nor
shall he allow the same to run at large within the City. It shall be a defense to any charge under
this section involving an alleged vAW potentially dangerous or dangerous animal that the person
endangered was committing, was about to commit or had just committed a trespass or crime and
that the animal s reaction was a natural result thereof. The Animal Control Agency may petition
the Pasco Code Enforcement Board to determine whether an animal should be destroyed. (Ord.
3714 Sec. 2, 2005; Ord. 3439 Sec. 1, 2000; Ord. 3385 Sec. 1, 1999; Ord. 3326 Sec. 1, 1998.)
Section 11. That Section 8.02.330 entitled "RCW Sections Adopted — Possession of
Potentially Dangerous Wild Animals Prohibited" shall be and hereby is amended and shall read
as follows:
8.02.330 RCW Sections Adopted — Possession of Potentially Dangerous Wild Animals
Prohibited The following sections of the Revised Code of Washington (RCW) pertaining to
prohibiting_possession of potentially dangerous wild animals including_bobcats (lynx rufus,
_member of the Class mammalia Order carnivore Family felide, or any hybrid or cross-mix
thereof) as now or hereafter amended are hereby adopted by reference as part of this Chapter in
all respects through such cha ter were set forth in full: RCW 16.30.005 RCW 16.30.010• RCW
16.30.020, 16.30.030, 16.30.040, RCW 16.30.060• RCW
16.30.070, RCW 16.30.900.
Section 12. That Section 8.02.360 entitled "Penalty Provisions" shall be and hereby is
amended and shall read as follows:
8.02.360 PENALTY PROVISIONS. (1) Any person violating any provision of this
chapter, except sections 8.02.130, 8.02.170 and 8.02.320, is guilty of an infraction. Unless
matters in aggravation warrant a greater civil penalty, each violation shall be subject to a
minimum penalty as set forth in Chapter 3.07 of this code, plus all costs and assessments for the
following respective violations:
(a) First violation within five years.
(b) Second violation within five years.
(c) Third violation within five years.
(d) Four or more violations within five years.
(2) Each person is guilty of a separate offense for each and every day during any
portion of which any violation of the provisions of this chapter is committed, continued or
permitted by any such person and shall be punished accordingly.
(3) Court costs shall be assessed in addition to any other fine, penalty, cost or
statutory assessment imposed.
(4) The City, at its election, may divert any infraction, identified in subsection (1),
above, to be heard before the Pasco Code Enforcement Board pursuant to Chapter
11.024 of the Pasco Municipal Code. Assessments of monetary penalties for
violations of this chapter shall be assessed by the Code Enforcement Board, in
accordance with subsection (1), (a) through (d) above. (Ord. 3 544 Sec. 1, 2002;
Ord. 3534 Sec. 1, 2002; Ord. 3326 Sec. 1, 1998.)
Section 13. That Section 8.02.365 entitled "License Fees" shall be and hereby is
amended and shall read as follows:
8.02.365 LICENSE FEES. The following animal license categories are established with
respective fees as set forth in Chapter 3.07 of this code.
(1) Dog license
(a) Unaltered
(b) Altered, spayed or neutered
(2) Cat license
(a) Unaltered
(b) Altered, spayed or neutered
(3) Low income senior citizens meeting the criteria
for eligibility for utility discount services provided
by PMC 13.20.040 altered, spayed or neutered,
dog or cat.
(4) Replacement tags
(a) Replacement tags for low income senior citizens
meeting the criteria for eligibility for utility
discount services provided by PMC 13.20.040
(5) Kennel and Cattery
(6) Potentially Dangerous or Wild Dangerous Animal Permit
A late fee for each license issued, shall be assessed against any person failing to secure
the required license within the dates required by PMC 8.02.190. (Ord. 3544 Sec. 2, 2002; Ord.
3385 Sec. 2, 1999; Ord. 3326 Sec. 1, 1998.)
Section 14. This ordinance shall take effect and be in force from and after its passage
and five days following its publication as required by law.
PASSED by the City Council of the City of Pasco at its regular meeting this day
of , 2008.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
ORDINANCE NO.
AN ORDINANCE amending Section 3.07.020 "Animal Control" of the Pasco
Municipal Code.
WHEREAS, the City Council of the City of Pasco has determined that certain amendments to the
Pasco Municipal Code regarding Animal Control is warranted;
NOW, THEREFORE, the City Council of the City of Pasco, Washington, Does Ordain as
follows:
Section 1. That Section 3.07.020 ANIMAL CONTROL of the Pasco Municipal Code is
amended to read as follows:
3.07.020 ANIMAL CONTROL:
A) Penalty Provisions: Fee/Charge Reference
1) First Offense w/in 5-years $50.00 8.02.360
2) Second Offense w/in 5-years $100.00 8.02.360
3) Third Offense w/in 5-years $200.00 8.02.360
4) Four or more w/in 5-years $400.00 8.02.360
B) Penal (Civil Penalty)Potentially
Dangerous Animal (RCW 16.30.060)
First offense $500.00 8.02.360
Second offense $1,000.00 8.02.360
Third offense $1,500.00 8.02.360
Fourth offense or more $2,000.00 8.02.360
l�C) Annual License Fees:
1) Unaltered $45.00 8.02.365
2) Altered, spayed or neutered $10.00 8.02.365
3) Replacement Tags $5.00 8.02.365
4) Senior Replacement Tags $3.00 8.02.365
5) Kennel and Cattery $50.00 8.02.365
6) Potentially Dangerous or WM $250.00 8.02.365
Dangerous Animal Permit
7) Late Fee: $10.00 8.02.365
8) Discounts to low income Senior Citizens- $3.00 8.02.365
(altered, spayed or neutered)
CD) Impound Fees:
1) First Offense w/in 12-months $35.00 8.02.080
2) Second Offense w/in 12-months $50.00 8.02.080
3) Three or more w/in 12-months $100.00 8.02.080
4) Boarding Fee(per day) $10.00 8.02.080
5) Vaccination Fee $15.00 8.02.320
DE 1 Misc. Fees:
Appeal Filing Fee $50.00 8.02.320
Hearin $150.00 8.02.320(b)
(Ord. 3715, 2005; Ord. 3610, 2003)
Section 2. This ordinance shall take effect and be in force from and after its passage and
five days following its publication as required by law.
PASSED by the City Council of the City of Pasco at its regular meeting this day of
32008.
Joyce Olson,Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr,City Attorney
CITY OF PASCO
SUMMARY OF ORDINANCE
CITY OF PASCO SUMMARY ORDINANCE NO. and ORDINANCE NO.
At a regular meeting held , 2008, the Pasco City Council adopted Ordinance
No. ; an ordinance amending Section 3.07.020 Animal Control and Ordinance No.
an ordinance amending Chapter 8.02 Animal Control.
Ordinance amends the Pasco Municipal Code to update Animal Control fees
associated with Animal Impoundments;
Ordinance provides uniformity with RCW 16.30.005; RCW 16.30.010;
RCW 16.30.020; RCW 16.30.030; RCW 16.30.040; RCW16.30.050; RCW
16.30.060; RCW 16.30.070; RCW 16.30.900 and provides clarity to procedures
relating to the enforcement of animal control.
Each Ordinance shall take effect five days after publication in the official newspaper of
the City of Pasco.
The full text of Ordinance No. and Ordinance No. are available for review
and copying on the city website at www.pasco-wa.gov or will be mailed upon request
from the City Clerk at 509-545-3402 or P. O. Box 293, Pasco, WA 99301-0293.
Sandy Kenworthy, Deputy City Clerk
AGENDA REPORT
TO: City Council July 9, 2008
FROM: Gary Crutchf anager Workshop Mtg.: 7/14/08
SUBJECT: First Night Tri Cities Agreement
I. REFERENCE(S):
1. Current Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
7/14: Discussion/Direction
III. FISCAL IMPACT:
See below.
IV. HISTORY AND FACTS BRIEF:
A) First-Night Tri-Cities is a non-profit entity dedicated to the annual production of a
non-alcoholic New Years Eve event suitable for family attendance in the Tri- Cities.
It has operated for more than 10 years but requires a financial commitment from the
cities to assure the event continues from year to year.
B) In 2006, the three cities agreed to equally share the historical public commitment at
$3,500/ea per year for a period of three years (through 2008). That agreement also
requires the event to be located in the downtown of one of the cities each year.
C) The 2007 event was conducted at CBC (rather than downtown Pasco). The CBC
venue proved so beneficial (off-street parking and ease of access, etc.) that First-
Night Tri-Cities has determined that it will continue to hold the event at CBC for the
foreseeable future.
D) First-Night Tri-Cities has requested the three cities to renew the collective
commitment to provide annual funding for the event. Council discussion of this
matter at the May 12 workshop meeting indicated additional information was needed
in regards to the cost incurred by the city to accommodate the event at the Pasco
location (CBC); according to department managers, the Police Department is the
only service measurably affected, at an approximate cost of$500 (overtime).
E) The 2006 agreement calls for an equal commitment of$3,500 from each of the three
cities for each of the three years. For the new agreement, First-Night Tri-Cities has
requested $4,000 from each of the three cities for the event. The City of Kennewick
has tentatively agreed to that amount while the City of Richland has indicated it
would stay with the $3,500 allocation.
V. DISCUSSION:
A) Staff recommends approval of a new agreement, preferably longer term than three
years. The amount should be $3,500, as Pasco incurs an additional $500 in terms of
police services as the host community.
B) A new agreement can be drafted to provide for an annual commitment of"at least
$3,500" from each of the three cities (thus, it can be increased in future years without
amending the agreement) and that the event will be held at CBC or in the downtown
of one of the cities, at the discretion of First-Night Tri-Cities. Of course, the
agreement should be terminable with at least 8-months notice, thus permitting the
cities to extricate themselves from the agreement should the event not be conducted
in a fashion acceptable to the cities.
C) With Council direction, a final agreement can be prepared to meet expectations of all
three cities.
3(f)
FIRST NIGHT AGREEMENT
THIS AGREEMENT is made between First Night Tri-Cities, a Washington non-profit
association, and the citt s of Kenn w' k, Pasco and Richland, each a Washington Municipal
Corporation, this -day of w�-- � , 2006 for the purposes set forth herein.
WHEREAS, First Night Tri-Cities, a non profit entity dedicated to the annual production of
a non-alcoholic New Years Eve event suitable for family attendance, has fulfilled its mission in the
Tri-Cities for 10 consecutive years but requires a financial commitment from the cities to assure its
continuation; and,
WHEREAS, the cities of Kennewick, Pasco and Richland find the First-Night Tri-Cities
event fulfills a need within the region to provide a family-oriented event associated with the
traditional celebration of the new year; and,
WHEREAS, each of the City Councils desire to assure existence of the event in the Tri-
Cities over the next three years and have authorized the respective City Manager to enter into an
agreement with the other cities and First Night Tri-Cities to effect that purpose; NOW
THEREFORE the parties named hereinabove agree as follows:
Section 1: First Night Tri-Cities will be responsible to provide a safe family-oriented,
non-alcoholic event on December 31 of 2005, 2007 and 2008. Said event shall be located in the
-- downtown of one of the sponsoring cities each year and shall be available to the public at large.
Section 2: The cities of Kennewick, Pasco and Richland shall each pay to First-Night
Tri-Cities the amount of$3,500 not later than July 15 of the respective event year of this agreement,
in partial sponsorship of the annual event.
Section 3: Indemnification. First Night Tri-Cities shall defend, indemnify and hold the
cities, its officers, employees, officials, and volunteers harmless from any and all claims,judgments,
damages, causes of action, or penalties from the cities' participation in this Agreement and the
activity conducted by First Night Tri-Cities described in Section 1 above.
Such indemnification shall be secured by a policy of insurance provided by First Night Tri-
Cities and naming the cities as an additional insured thereunder with the policy limits not less than
one million dollars ($1,000,000.00).
Section 4: Relationship of the Parties. In the performance of the services provided in
Section 1 above, First Night Tri-Cities is an independent contactor and nothing herein shall be
construed to create a partnership, joint venture, or create any agency capacity of First Night Tri-
Cities as an agent of the cities.
Section 5: This Agreement will expire on January 1, 2009.
IN WITNESS WHEREOF, the parties have executed this Agreement by the duly
authorized officers on the day and year first written above.
City of Kennewick First Night Tri-Cities
M rywi t>)a,
Robert Hammond, City Manager Date Tom Powers, President Date
City Pasco
�ary Crutch field, Manager Date
Cit of Ri
Joh Darrington, City er ate
AGENDA REPORT NO. 29
FOR: City Council July 8, 2008
TO: Gary Crutchfi Manager Workshop Mtg.: 7114/08
Regular Mtg.:7/21/08
FROM: David I. McDonald, City Planner
Community& Economic Development
SUBJECT: Right-of-Way Dedication for Sandifur Parkway/Broadmoor Boulevard Signal
(MF #INF08-042)
I. REFERENCE(S):
A. Vicinity Map
B. Right-of-Way Dedication Deed
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
7/14 DISCUSSION:
7/21 MOTION: I move to accept the deed from Dale Adams for a portion of the
Sandifur Parkway/Broadmoor Boulevard right-of-way.
III. FISCAL IMPACT
None
IV. HISTORY AND FACTS BRIEF:
A. The Engineering Department is in the process of designing a new traffic signal
and street improvements for the intersection of Sandifur Parkway and Broadmoor
Boulevard. To properly construct the improvements, additional right-of-way is
needed on the west side of Broadmoor Boulevard.
B. The new traffic signal is needed to accommodate the additional traffic that will
use Broadmoor Boulevard when Broadmoor Boulevard is extended north to Dent
Road sometime next year(by the County).
C. The property owner affected by the proposed signalization project has signed a
dedication deed to provide the necessary right-of-way for the signalization
project.
V. DISCUSSION:
3(9)
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After Recordine,Return To:
City of Pasco, Washington
Attn: City Planner
525 North 3"
Pasco, WA 99301
DEDICATION DEED
Tax Parcel No. 115-210-021
THE GRANTOR(S), Dale C. Adams, by donation pursuant to RCW
35A.79.010,dedicates,conveys and quit claims to the GRANTEE,THE CITY OF
PASCO,a Municipal Corporation of the State of Washington,for the public use,as a
public right-of-way, all interest in the land described as follows:
A portion of Section 7,Township 9 North,Range 29 East,W.M.City of Pasco,
Franklin County, Washington being more particularly described as follows.
Commencing at the Northeast comer of said Section 7, thence South
00°57'22"West,along the East line thereof a distance of 2201.46 feet. Thence
North 89°02'38" West, a distance of 40.00 feet to a point on the Westerly
Right-of-Way of Broadmoor Boulevard and the True Point of Beginning.
Thence South 00°57'22" West being 40.00 feet West of and parallel to said
East Section line a distance of 154.51 feet, thence North 89°02'38" West a
distance of 35.00 feet, thence North 00°57'22"East being 75.00 feet West of
and parallel to said East line a distance of 110.64 feet to a point of curve,
thence along a non-radial curve to the left having a central angel of 77°09'37',
a radius of 45.00 feet, an arc distance of 60.60 feet and a chord bearing of
North 39'32'11"East to the True Point of Beginning.
Dedication Deed- 1
DATED this �IP4(day of 2008.
GRANTOR(S)
Owner +
STATE OF California )
ss.
County of Cp", 6� '
On this ,316 day of c3 L 2008, before metthe undersigned,duly
commissioned and sworn,personally appeared 6o C c�..s- .G� o me known to be
the individual(,q)-described above and who executed the within and foregoing instrument as an
agent of the owner(40 of record,and acknowledged to me that he/sheMwy signed the same as
his/b*zkheir and voluntary act and deed,for the uses and purposes therein mentioned,and
on oath stated that he/s is/authorized to execute the said instrument.
GIVEN under by hand and official seal this day of ; +ti
2008.
JOHN RAY c`
Comm.# 1736993 N Pr' ame: 1),AA
NOTARY NT A PUBLIC
COS A COUNTY TARY PUBLIC in and fort he State of California
CONTRA COSTA COUNTY
MY romm.EXP,APR.6.2011 Residing at: Ve CA
My Commission Expires: r L 11
Dedication Deed-2
AGENDA REPORT
TO: City Council July 11, 2008
FROM: Gary Crutchfi y Manager Workshop Mtg.: 7/14/08
Regular Mtg.: 7/21108
SUBJECT: Civil Service Commission Appointments
L REFERENCE(S):
1. PMC 2.33
2. RCW 41.08.030
3. Application, Teri Cox
4. Application, Coz Edwards
S. Application, Janis Hastings
NOTE: applications are in Council packets only.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
7/14: Discussion
7/21: MOTION: I move to confirm the City Manager's appointment of Coz
Edwards to the Civil Service Commission, to fill the unexpired
term of Position No. 2 to expire 2/17/10.
MOTION: I move to confirm the City Manager's appointment of Teri Cox to
the Civil Service Commission to fill the unexpired term of Position
#3 to expire 2/17/12.
MOTION: I move to confirm the City Manager's appointment of Janis
Hastings to the Civil Service Commission to fill Position No. 1, the
term to expire 2/17/14.
III. FISCAL IMPACT:
(none)
IV. HISTORY AND FACTS BRIEF:
A) State Law (RCW 41.08 and 41.12) requires the city to maintain a Civil Service
Commission for its Police and Fire Departments. PMC 2.33 provides for the
Pasco Civil Service Commission and appointment of its members to six-year
terms.
B) The Civil Service Commission is to be composed of three citizens to assure
fairness and impartiality in the hiring and promotion of uniformed police and fire
employees. The Commission also decides appeals of discipline administered to
uniformed Police and Fire employees, when such employees elect to use the Civil
Service Commission hearing process rather than the grievance arbitration process
afforded in their respective bargaining contracts. In addition, the city has
designated the Civil Service board members to fill the role of a personnel board to
consider certain appeals of issues relating to non-uniformed employees who are
not otherwise covered by a collective bargaining agreement.
3(h)
V. DISCUSSION:
A) Dorothy Schoeppach resigned from the Commission late last year and her Position
(No. 1) requires a new appointee. Position No. 2 has been filled by Coz Edwards
since 1989; his term last expired in 2004. Teri Cox has served in Position No. 3
since 2001; her term expired in 2006. Both Edwards and Cox have served well in
the position and should be reappointed to terms expiring in 2010 and 2012,
respectively; the result will maintain the six-year staggered terms as originally
established.
B) The key attributes of a Civil Service Commission/Personnel Board member are
experience in managing people in the workplace and the ability to make a fair and
impartial decision based on the facts surrounding an issue. Mr. Edwards has
demonstrated that ability for nearly 20 years as a member of the Civil Service
Commission and Ms. Cox has done so for the past seven years. Ms. Hastings, as
co-owner of a small business in Pasco, has more than 15 years experience in that
role and is expected to be an equally effective member of the Civil Service
Commission. It should be noted, also, that the three individuals collectively
reflect much of the ethnic diversity of the community.
C) Although appointments to the Civil Service Commission are made by the City
Manager, PMC 2.33 provides for "...consent of the City Council." The
individuals named in the proposed motions have been selected for appointment
after thorough consideration and the consent of the City Council is hereby
requested (in the form of the proposed motions).
CHAPTER 2.33 CIVIL SERVICE COMMISSION & PERSONNEL BOARD
Sections:
2.33.010 CREATED - PURPOSE. .................................................................. 27
2.33.020 MEMBERSHIP. ............................................................................. 27
2.33.030 CIVIL SERVICE RULES. ................................................................. 27
2.33.040 POWERS AND DUTIES OF PERSONNEL BOARD............................... 27
2.33.050 FIRE CHIEF EXCEPTED................................................................. 27
2.33.060 POLICE CHIEF EXCEPTED ............................................................. 27
2.33.010 CREATED - PURPOSE. There is created pursuant to RCW 41.08 and
RCW 41.12 a Civil Service Commission for the Fire Department and Police Department,
and a Personnel Board for all employees of the City. (Ord. 3266 Sec. 5, 1997.)
2.33.020 MEMBERSHIP. Residents of the City of Pasco being citizens of the
United States will be eligible for appointment. The City Manager will make all
appointments to the commission with consent of the City Council, following rules
established in RCW 41.08 and RCW 41.12. Members of the Civil Service Commission
will also serve as members of the Personnel Board. (Ord. 3266 Sec. 5, 1997.)
2.33.030 CIVIL SERVICE RULES, The Commission shall adopt rules as provided
for in RCW 41.08 and RCW 41.12 respectively. Commission Rules may be amended
and updated from time to time. (Ord. 3266 Sec. 5, 1997.)
2.33.040 POWERS AND DUTIES OF PERSONNEL BOARD. It shall be the duty of
the Personnel Board to:
A) Hear grievances in accordance with rules of procedures and practices to
be adopted by the Board, but informality of proceedings or in the manner of taking
testimony shall not affect any action of the Board.
B) Advise the appointing authority on matters brought before the Board by
the appointing authority.
C) Keep such records as may be necessary for the proper execution of the
powers and duties of the Board. (Ord. 3266 Sec. 5, 1997.)
2.33.050 FIRE CHIEF EXCEPTED. Any person appointed as Fire Chief after
January 25, 1994 shall be excepted from inclusion within the perview of the Civil
Service System created by this chapter. (Ord. 3545 Sec. 33, 2002.)
2.33.060 POLICE CHIEF EXCEPTED. Any person appointed as Police Chief after
January 25, 1994 shall be excepted from inclusion within the perview of the Civil
Service System created by this chapter. (Ord. 3545 Sec. 33, 2002.)
PMC Title 2 5/5/2008 27
RCW 41.08.030: Civil service commission created—Appointment—Terms — Remova... Page 1 of 1
RCW 41.08.030
Civil service commission created—Appointment—Terms—Removal—Quorum.
There is hereby created in every city,town or municipality except those referred to in RCW 41.08.010, having a full paid
fire department a civil service commission which shall be composed of three persons.
The members of such commission shall be appointed by the person or group of persons who, acting singly or in
conjunction,as a mayor,city manager, council, common council, commission, or otherwise,is or are vested by law with
power and authority to select,appoint,or employ the chief of a fire department in any such city,prior to the enactment of
this chapter.The members of such commission shall serve without compensation. No person shall be appointed a
member of such commission who is not a citizen of the United States, a resident of such city for at least three years
immediately preceding such appointment,and an elector of the county wherein he or she resides.The term of office of
such commissioners shall be for six years, except that the first three members of such commission shall be appointed for
different terms, as follows: One to serve for a period of two years, one to serve for a period of four years,and one to
serve for a period of six years.Any member of such commission may be removed from office for incompetency,
incompatibility or dereliction of duty,or malfeasance in office,or other good cause: PROVIDED, HOWEVER,That no
member of the commission shall be removed until charges have been preferred, in writing,due notice and a full hearing
had.The members of such commission shall devote due time and attention to the performance of the duties hereinafter
specified and imposed upon them by this chapter.Two members of such commission shall constitute a quorum and the
votes of any two members of such commission concurring shall be sufficient for the decision of all matters and the
transaction of all business to be decided or transacted by the commission under or by virtue of the provisions of this
chapter, Confirmation of said appointment or appointments of commissioners by any legislative body shall not be
required.At the time of any appointment not more than two commissioners shall be adherents of the same political party.
[2007 c 218§3;1935 c 31 §3;RRS§9558-3.]
Notes:
Intent— Finding—2007 c 218: See note following RCW 1.08.130.
http://apps.leg.wa.gov/RCW/default.aspx?cite=41.08.030 7/1 1/2008
AGENDA REPORT NO. 30
FOR: City Council DATE: July 9, 2008
TO: Gary Crutchfi anager WORKSHOP: 7/14/08
REGULAR. 7121/08
FROM: David I. McDonald, City Planner
SUBJECT: Comprehensive Plan: Comprehensive Plan Update (MF# CP07-002) (City of Pasco)
I. REFERENCE(S):
A. Proposed Ordinance
B. Shannon & Wilson Technical Memo
C. Critical Areas/Shoreline Chapter
D. Draft Comprehensive Plan (Provided to the Council on June 6, 2008.)
Note: Draft Comprehensive Plan copies available in the Planning Office, the Pasco
Library or on City's web page at www.pasco-wa.g_ov for public review.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
7/14 DISCUSSION:
7/21 MOTION: I move to adopt Ordinance No. establishing a new
Comprehensive Plan for the City of Pasco
III. FISCAL IMPACT: None
IV. HISTORY AND FACTS BRIEF:
A. The Growth Management Act (GMA) requires most cities in the State to develop
Comprehensive Plans for guiding urban development. The City's original GMA plan was
adopted by the City Council in August of 1995. The plan is required to be periodically
updated. Pasco is on the 2007 cycle for plan update, and every seven years thereafter.
B. The Planning Commission held hearings, in September of 2007 (Volume 1) and
January 2008 (Volume II), to review proposed updates to the plan and make a
recommendation to the City Council.
C. The Council reviewed the initial draft Comprehensive Plan in March of this year and
at the June 9, 2008 workshop and the June 16, 2008 regular meeting.
V. DISCUSSION:
After reviewing the draft Plan at the June 16th meeting the Council tabled action on the draft
Ordinance to allow additional time to address questions related to the critical areas map.
In response to questions about the critical areas map staff contacted a geotechnical and
environmental firm that has completed a number of engineering studies within the potential
liquefaction area. The attached technical memorandum from Shannon &Wilson Consultants
explains that their studies indicate that soils within the mapped area are not generally
susceptible to liquefaction. The Shannon & Wilson memo also points out that there may be
some locations within the mapped area that are susceptible to liquefaction. The intent of the
critical area map is to help identify those areas of the city that may require further
investigation by a qualified geotechnical engineer.
In response to the referenced technical memo, staff has modified page 97 and 99 to include
language that states the critical areas map should only be considered as a general guide and
that on-site investigation is needed to determine liquefaction susceptibility.
The proposed Ordinance repeals Ordinance No. 3104 which established the first GMA plan
in 1995 and adopts a new plan for Pasco and the Urban Growth Area.
3(i)
ORDINANCE NO.
AN ORDINANCE relating to comprehensive land use planning and adopting a new
GMA Comprehensive Plan for the City of Pasco.
WHEREAS, the Pasco City Council did on August 21, 1995 adopt by Ordinance
No. 3104 a Comprehensive Plan for the City; and,
WHEREAS, the Comprehensive Plan adopted under Ordinance No. 3104 was
required by the State Growth Management Act (GMA) to be updated and readopted on a
seven year cycle beginning on December 1, 2007; and,
WHEREAS, the Planning Commission conducted a public hearing on September
20, 2007 and January 31, 2008 to recommend adoption of a new Comprehensive Plan for
the Pasco urban Growth Area; and,
WHEREAS, in addition to public hearings, public workshops meetings and
neighborhood meetings were held to receive public input on the new Comprehensive
Plan; and,
WHEREAS, the new Comprehensive Plan was forwarded to the Office of
Community Trade and Economic Development on January 18, 2008 for the required 60
day state review; and,
WHEREAS, the 60 day review period ended on March 18, 2008 and,
WHEREAS, the responsible official for the State Environmental Policy Act has
determined the new Comprehensive Plan will not have a probable significant adverse
impact on the quality of the environment; and,
WHEREAS, the development regulations for the city have been reviewed for
consistency with the new Comprehensive Plan and do not require any amendments except
the critical lands ordinance which must be updated by December 1, 2008 as required by
the GMA; and,
WHEREAS, the City Council finds the Planning Commission's recommendation
will aid the City in anticipating orderly and coordinated development within the city;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS
FOLLOWS:
Section 1. That Ordinance No. 3104 and any amendments thereto be and the same is
hereby repealed.
Section 2. That the Comprehensive Plan consisting of Volumes # I and # II as
indicated in Exhibit # 1 attached hereto be and is hereby adopted as the Comprehensive
Plan for Pasco and the Pasco Urban Growth Area.
Section 3. That the existing development regulations of the City of Pasco do not
require amendments at the present time.
Section 4. This ordinance shall be in full force and effect after passage and
publication as required by law.
PASSED by the City Council of the City of Pasco, this 16th day of June, 2008.
Joyce Olson Olson, Mayor
ATTEST:
Sandy Kenworthy, Deputy City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
=111 SHANNON 6WIL'QNs INC 303 Weilsian Way
GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS P.O.Box 967
Richland,Washington 99352
TECHNICAL MEMORANDUM Phone(509)946-6309
Fax (509)946-6580
TO: Mr. David McDonald—City of Pasco
FROM: Dee Burrie
DATE: July 9, 2008
RE: LIQUEFACTION POTENTIAL —PASCO, WASHINGTON
We understand that while preparing the Critical Areas Ordinance for the Pasco
Comprehensive Plan, a question was raised regarding liquefaction potential in certain areas of
the City. Specifically, areas along the river from approximately Road 44 to Sacagawea Park are
indicated as susceptible on a Department of Natural Resources (DNR) map.
Liquefaction can occur in loose, saturated, fine sand or silt soils during a seismic event.
These soil conditions commonly occur in alluvial deposits or hydraulic fills. The mapped
liquefaction susceptibility area appears to coincide with the area identified as alluvium on the
Geologic Map of the Richland 1:100,000 Quadrangle (DGER OFR 94-8)
At your request, Shannon& Wilson, Inc. reviewed some of our recent projects in Pasco
to evaluate the liquefaction susceptibility based on subsurface explorations. Our records indicate
we have completed approximately 14 geotechnical engineering studies within the mapped
liquefaction susceptibility area. The attached table presents data from the six most recent
projects. These explorations commonly encountered medium dense to dense sand and gravel
soils, which would not be considered susceptible to liquefaction.
In addition to these projects, we also reviewed records from the 1946 United States Army
Corps of Engineers levee pre-construction studies. These studies included approximately 10
deep borings along the levee alignment. These borings also indicate that the soil is not generally
susceptible to liquefaction.
Although our exploration data indicates that the soil conditions are generally not
susceptible to liquefaction, there may be some areas that are susceptible within the mapped area.
The intent of critical area maps is to help identify areas that may require further investigation by
a qualified professional.
We trust that this information meets your needs at this time. If you have any questions,
please contact us.
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Clio tie cal Areas/
Shorelines
Critical areas are defined by the GMA(RCW 36.70A.030 [51) as wetlands, aquifer
recharge areas with critical recharging effect on aquifers used for potable water ,
frequently flooded areas,fish and wildlife habitat conservation areas and geological
hazard areas. In an ecological or natural sense these lands provide beneficial values
and functions by restoring ground water levels (as in aquifer recharge) serve as
flood protection zones (wetlands) and provide critical food production areas for
sustaining fish & wildlife (habitat).
Geologically hazardous areas are deemed critical in the sense that they present
hazards to life and property. These areas include lands that are susceptible to
erosion, land slides, earthquakes and other geological hazards.
Each city and county planning under the provisions of the GMA is required to
identify critical areas and adopt regulations for the protection of these areas. It is
important to note that the GMA provides broad discretion to local governments on
how to designate critical areas.
Wetlands
r
In Franklin County wetlands can be found along the margins,
side channels and islands of the Columbia and Snake Rivers.
Low lying areas of the County 25 or more miles north of the
Pasco UGA around Scooteney Reservoir and Eagle Lakes contain wetlands. In
significant geological features such as coulees and canyons wetlands can develop
where ground water emerges. It is not uncommon to find wetlands in the Esquatzei
Coulee near Mesa and the Washtucna Coulee near Connell and Kahlotus. (Franklin
County Comprehensive Plan, 2007, Pg. 35). These areas are all far removed from the
Pasco UGA.
Wetlands are defined in the GMA(RCW 36.70A.030[21])as areas that are saturated
with surface water or ground water at a frequency and duration sufficient to support,
and under normal circumstances do support, a prevalence of vegetation typically
adapted to life in saturated soil conditions. Wetlands generally include swamps,
marches,bogs,and similar areas. The GMA specifically excludes artificial wetlands
intentionally created from non-wetland sites, including but not limited to irrigation
and drainage ditches, grass-lined swales, canals, detention facilities, wastewater
treatment facilities, farm ponds.
Critical Areas/Shorelines 91
A field survey (By the Pasco Planning Office Sept 2007) of the Pasco UGA revealed
there are irrigation canals, farm ponds,wastewater treatment facilities and drainage
facilities located through out the UGA. By GMA definition these facilities are not
wetlands.A separate study (Wetland Assessment for City of Pasco Sacagawea Heritage
Trail) conducted by Columbia Environmental Sciences Inc in March of 2004
confirmed the fact that the Army Corp of Engineers drainage facility on the upland
side of the Columbia River Levee is not a wetland.The drainage ditch extends from
the cable bridge up river to about Road 39 and again from about Road 52 to the Ivy
Glades subdivision.
The National USGS Wetland Inventory (US Fish & Wildlife Service 2008) developed
wetland maps (Wetland Inventory Maps) for all of the states within the country.
These maps highlight possible wetlands within the Pasco UGA in areas along
the river shore particularly in Sacajawea State Park and in the low lands on the
Columbia River bend. There are some locations between these two areas that are also
highlighted as possible wetlands.
These maps were produced with the
use of imagery which according to
the map instructions has an inherent
margin of error. The instructions
caution that an on-the-ground
inspection is needed to verify the
imagery for accuracy.
On-the-ground wetland assessments
following the protocols of the
WDOE Wetland Identification and Delineation Manual (Ecology Publication
#96-94) indicate that one positive wetland indicator related to soils, hydrology and
vegetation must be found in order to make a positive wetland determination. Based
on the hydric soils list and soils map for Franklin County prepared by the Natural
Resources Conservation Service (Soil Survey for Franklin County 2001) soils in the
Pasco UGA(with the exception of soils in Sacajawea Park&at the Columbia River
bend) do not meet the wetland soils indicator criteria to be classified as wetlands.
Furthermore,upon site investigation these areas do not generally support hydrophytic
vegetation nor are these areas frequently flooded. Much of the Pasco shoreline has
been altered due to the construction of the levees that line the river shore with large
basalt rip rap. Levee service roads, drainage facilities and pumping facilities are
located directly behind the levees. The areas between the levees without rip rap have
been altered by the removal and replacement of soils with a clay barrier designed to
keep the river from seeping into the community. In the 1940's the US government
constructed a navy supply depot along the Columbia River.This navy supply depot
became the Port of Pasco after World War 11. In the process of constructing the
depot the site was leveled, filled and graded along the shoreline for almost two
miles upstream from Sacajawea State Park. The natural environment at the Port
Critical Areas/Shorelines 92
has been significant altered over the years such that the values and functions of the
natural environment along the shoreline, including wetlands, have been seriously
diminished. Even so a study completed for the Port of Pasco in 2002(BPIC Shoreline
Wetlands Report[East of Boat Basin]),(HDR Engineering 2002)indicated there may be
some marginal low quality wetland(perhaps a Category IV) areas within 5-20 feet
of the Columbia River along the Big Pasco Industrial Park.
Fish and Wildlife Habitat Conservation Areas
Different animal species have adapted to certain habitats for survival. The
health and vitality of each species is directly related to the quality and quantity
of available habitat. Habitat is defined as "an area upon which fish and wildlife
species depend in order to meet their basic requirements for survival; food, water,
shelter, reproduction. Examples of wildlife habitat include streams and wetlands,
riparian zones, migration corridors, seasonal ranges,nesting and roosting sites,etc.
(Habitat Protection Toolkit Handbook, Washington Environmental Council, 2002)
The Department of Fish and Wildlife also include caves,cliffs,juniper woodlands,
estuaries, mature forests„ prairies and steppes, open space and shrub-steppe lands
as examples of wildlife habitat.
Much of Franklin County has been classified as a loessial upland steppe and or
a shrub-steppe area (Franklin County Comprehensive Plan 2007). The varied
topography of the county including steep bluffs along the Columbia River(White
Bluffs), bluffs along the snake river,cliffs,coulees,canyons,the Juniper Dunes,the
Scooteney-Egale Lakes area, river islands, shorelines and intact steppe and shrub-
steppe areas all provide important fish and wildlife habitat. With few exceptions
these significant habitat areas are located outside the Pasco UGA.
The native or natural landscape and environment within the Pasco UGA has been
subject to high levels of disturbance because of ongoing agricultural production,
industrial and commercial activities and other forms of urban development for over
100 years. The construction and operation of the transportation system (barge,rail,
highway, and airport) mineral extraction, development of urban parks, schools and
other concentrated urban developmenthas significantly diminishedthe functions and
values of natural areas for habitat. The remaining natural sites containing remnants
of the original shrub-steppe environment are fragmented in areas that pose serious
conflicts for the encouragement of wildlife habitat. The areas enclosed within the
Tri-Cities Airport (the third busiest airport in the state) are marginal habitat. For
the safety of airport operations and the threat these operations pose to wildlife
encouraging the protection of habitat around the runways is not appropriate. The
site at the northwest corner of Broadmoor Boulevard and Harris Road is occupied
by a farming operation, South Columbia Irrigation District facilities and the Central
Pre-Mix mineral extraction facility. Much of this area is reserved for the production
of mineral resources. (See the Resource Lands Chapter Pg 73)
Other remnants of the shrub-steppe environment are also located in fragmented
Critical Areas/Shorelines 93
ownerships near industrial development and arterial streets with no variety of
natural features indicative of priority or quality habitat areas. These tracts and
the others referenced are isolated from large continuous shrub-steppe areas with
substantial amounts of interior habitat(Priority Habitats& Species List,Department of
Fish&Wildlife 1999).
Riparian areas in the UGA are confined to the shoreline of the Columbia and Snake
Rivers.As discussed in the wetlands section above much of the Pasco shoreline has been
altered due to the construction and armoring of the levees. Industrial development
and Port facilities extend up river from Sacajawea Park to the Cable Bridge and
other areas up river have been developed with urban parks and single family homes
with private docks. Prior to development the shoreline contained few trees and
woody plants. Today a significant portion of the plant material along the shoreline
is comprised of non-native trees and shrubs. (Berger/Abaco Engineers, Inc Port of
Pasco Industrial Center Shoreline Master Plan SEPA 2008). The riparian environment
in the Pasco UGA has been significantly altered over the years such that the values
and functions have been seriously diminished. The Sacajawea State Park and the
low lying areas west of Shoreline Rd north of Harris Road are the exceptions. The
State Park and the Columbia Bend area are both adjacent aquatic systems(Columbia
& Snake Rivers) that contain elements of both aquatic and terrestrial ecosystems
which mutually influence each other. The western portion of Chiawana Park may
also provide some beneficial functions and valves for riparian habitat.
The aquatic habitat in the Pasco UGA consists of the Columbia and Snake Rivers.
While there are no know spawning beds in the UGA upper Columbia and Middle
Columbia steelhead, Upper Columbia spring-run Chinnok, Sockeye, and Bull
Trout/ Dolly Varden occur in the adjoining rivers. The US Fish and wildlife
Service lists the Bull Trout as a threatened species. The National Marine Fisheries
Service lists the Snake River Sockeye, Spring/Summer Chinook and Fall Chinook
as threatened species. The Steelhead is also listed as threatened species. The River
system through the UGA is listed as a critical habitat for the listed anadramous fish
species (Berger/Abam Engineers, Inc Port of Pasco Industrial Center Shoreline Master
Plan SEPA 2008).
The listed fish species migrate by Pasco as juveniles from April to July and as adults
April through October. Waterfowl also pass through Pasco during their annual
migration.
In addition to the listed fish species the Washington Environmental Atlas lists 35 or
more important species of birds and five species of mammals that can be found in
natural areas of Franklin County.
The preparation of the original GMA Plan for the Pasco UGA completed in 1995
Critical Areas/Shorelines 94
included the review of habitat mapping for sensitive species prepared by the
Washington Department of Fish and Wildlife. This mapping has changed little since
1995 and identifies several sensitive or important habitat areas. Upon comparison
between the habitat mapping and actual field observation it is clear much of the
mapping is no longer accurate and therefore can not be relied upon. The lands
along I-182 near Road 68 and Road 100 are developed with homes schools, parks,
freeways,and commercial centers. Much of the airport property that is shown in the
habitat mapping is likewise developed with farm fields,runways,taxiways, staging
areas, and industrial buildings. The areas to the west of Highway 12 are developed
with homes, a middle school, roadways, a freeway interchange and commercial or
industrial land uses. Most of the lands east of Highway 12 within the UGA also
contain industrial land uses or are occupied by farm fields. The sensitive Fish and
Wildlife habitat mapping is not accurate and can not be relied upon for accurately
depicting important habitat areas within the UGA.
Aquifer Recharge Areas
Pasco obtains most of its water from the Columbia River and not ground water
aquifers. Water is pump from the river up stream from the Cable Bridge and treated
at the filter plant located on West "A" Street. A secondary diversion point for
pumping water from the river is located at the far western edge of the city south of
Harris Road. This pumping facility is currently used for irrigation water. The city
also operates a number of wells that provide untreated water for irrigation purposes.
The irrigation water from these wells comes from aquifer sources.
The Franklin Conservation District has identified four primary aquifer recharge
areas in Franklin County as follows: 1) the irrigated portions of the county; 2) the
Scooteney-Egale Lakes area; 3) areas behind the Snake River dams; and 4) the
Washtucna Coulee. The only areas of Pasco that may be considered for aquifer
recharge per the Conservation District are the few remaining irrigated farm fields.
These fields do not have long term commercial significance for farming. These
fields are also not unique geologic features that naturally support aquifer recharge.
Without the irrigation and farming activity these lands would not be considered
significant recharge lands. All significant aquifer recharge areas within Franklin
County are located outside the Pasco UGA.
Frequently Flood Areas
The last damaging floods to occur in Pasco were in the late 1940's early 1950's. Since
the construction of the Columbia and Snake River dams and levee system Pasco has
not experienced a major flood. According to the Franklin County Comprehensive
Plan 2007 (pg 35)the areas most susceptible to flooding in Franklin County are the
Esquatzel Coulee and the Kahlotus Creek areas. Both of these flood prone areas are
located to the north of the Pasco UGA. The southern end of the Esquatzel Coulee
disappears into the farm circles around the north end of the Tri-Cities Airport.
Critical Areas/Shorelines 95
Approximate flooded hazard areas for the Pasco UGA are identified on the Flood
Insurance Rate Maps prepared by FEMA. These maps classify floods by category.
Most of the UGA is located in a flood zone"C"—areas designated as minimal flood
hazard areas. Certain areas of the UGA, such as the Juvenile pond (the Corp of
Engineers Drainage pond south of"A"Street), are designated as "A"zones—areas
of special flood hazard. Special flood hazard areas are also located in Sacajawea
State Park and along the shoreline in the Columbia Bend area. There are some
areas behind the levees that are incorrectly identified on the Flood Rate Maps as
zone "A". The city is in the process of requesting a map revision to correct the
inaccurate designation. Due to the limited number of areas of potential flooding
the Critical Areas Map does not reflect those areas. Please refer to the Federal
Emergency Management Agency (FEMA)maps for that information.
Geological Hazardous Areas
A geological hazard is a natural geologic structure or event that places life and
property in danger. The GMA defines geologically hazardous areas as "areas that
because of their susceptibility to erosion, sliding, earthquake, or other geological
events, are not suited to the siting of commercial, residential, or industrial
development consistent with public health or safety concerns". [RCW 36.70A.030
(9)] In the United States each year, geologic or natural hazards cause hundreds of
deaths and cost billions of dollars in property damage and disruption of commerce.
These hazards include earthquakes, landslides, mud flows, rock slides, volcanic
eruptions, liquefaction, land subsidence(sinkholes), and expansive soils.
There are a number of canyons, coulees, unique rock formations and cliffs within
Franklin County none of which are in the Pasco UGA. It is within these geological
features that most of the County's hazards related to erosion, landslides and rock
slides can occur. There are no cliffs, canyons or coulees within the Pasco UGA.
Slopes of 15 percent or more can be found to the west of Dent Road in the northwest
portion of the UGA and to the west of the Tri-Cities Airport in Sections 11 and 14.
The three principal natural factors that influence landslide relate .hazards are
topography, geology and precipitation. As noted above the Pasco UGA is devoid
of cliffs, canyons coulees and other geological features that pose threats to life
and property from rock slides or various types of land slides. There are however,
slopes in access of 15 percent in Sections 11 and 14 west of the airport and along
the west side of the north/south portion of Dent Road. The third natural factor to
influence landslides is precipitation. Slope saturation by water is the leading cause
of landslides. Pasco receives between 5 and 7 inches of precipitation a year, an
insignificant amount to cause any concern about slope saturation.
A majority of the earthquakes in Washington occur around Puget Sound. Eastern
Washington experiences low seismic activity except for the western edge of the
Columbia Basin and the Washington-Oregon border areas. The most recent
earthquake of note to occur near Pasco was located northwest of Othello and
occurred on December 20, 1973. This was 4.4 magnitude earthquake.
Critical Areas/Shorelines 96
Liquefaction susceptibility is influenced by the process that created various
soil deposits. Saturated alluvial soils or Aeolian soils are most susceptible to
liquefaction. According to mapping prepared by the Washington Department of
Natural Resources (DNR) there are two areas within the Pasco UGA that may be
susceptible to liquefaction. These areas include the low lying lands in the Columbia
Bend area and a band of land stretching southeasterly along the Columbia River
from Road 52 to the Snake River. The Critical Areas Map shown in the Appendix-
VIII Maps prepared from DNR sources provides a generalized location of lands
that maybe susceptible to possible liquefaction.This neap can only be considered a
general guide and should not be used as a substitute for on-site investigation. Past
on-site studies (Shannon and Wilson Technical Memo 07/2008) have shown the
composition of the soils within the mapped liquifiaction area indicate not all lands
within the designated area are prone to liquifaction. The risk of a geological event
is minimal. For such an event to occur the ground would have to be saturated to
coincide with the timing of an earthquake. Present development standards are in
place to address this issue.
With relatively level ground and few geological features Pasco and the Pasco UGA
are located on some of the earliest and continuous used agricultural lands in Franklin
County even predating the Grand Coulee irrigation project. Consequently standard
farming practices including,land clearing,land leveling,tilling,planting,irrigating,
applying farm chemicals to the land, harvesting, sheep grazing and crop residue
burning have significantly alter the natural environment. Urban development
followed the establishment of the farms and further altered natural ecosystems.
Findings of note are as follows:
• Wetlands can be found in Franklin County along the margins,side channels
and islands of the Columbia and Snake Rivers and in the low lying areas of
the County around Scooteney Reservoir and Eagle Lakes. These wetland
areas are located outside the Pasco UGA.
• Irrigation canals, farm ponds, wastewater treatment facilities and drainage
facilities are located through out the UGA. By GMA definition these
facilities are not wetlands.
• Hydric soils are located within Sacajawea State Park in along the shoreline
in the Columbia Bend area of the Pasco UGA.
• Coulees and canyons within the County can develop wetlands where ground
water emerges. There are no coulees or canyon in the Pasco UGA.
• The native or natural landscape and environment within the Pasco UGA has
been subject to high levels of disturbance because of ongoing agricultural
production, industrial and commercial activities and other forms of urban
development for over 100 years.
Critical Areas/Shorelines 97
o Much of the Pasco shoreline has been altered by the construction of large
levees, past industrial development, the construction of port facilities
residential development and the development of large urban parks.
o The Columbia River levees are armored with large basalt rip rap.
o The shoreline in the Columbia Bend area and the Sacajawea State Park area
contains riparian habitat.
o A 2002 study JBPIC Shoreline Wetlands Report (East of Boat Basin)], (HDR
Engineering 2002)indicated there may be some marginal low quality wetlands
(perhaps a Category IV)areas within 5-20 feet of the Columbia River along
portions of Big Pasco Industrial Park.
o The varied topography of the county including steep bluffs along the
Columbia River(White Bluffs), bluffs along the snake river, cliffs,coulees,
canyons, the Juniper Dunes, the Scooteney-Egale Lakes area, river islands,
shorelines and intact steppe and shrub-steppe areas all provide important
fish and wildlife habitat. With few exceptions these significant habitat areas
are located outside the Pasco UGA.
o The values and functions of the riparian environment in the Pasco UGA has
been significantly altered over the years due to the results of levee construction
and maintenance, industrial development, urban park development and
other urban development activities.
o There are no known spawning beds in the Pasco UGA.
o The Pasco UGA contains no steppe ecosystems.
o The remaining remnants of the original shrub-steppe environment are
fragmented in areas that pose serious conflicts(airport&mineral extraction)
for the encouragement of wildlife habitat preservation.
o The remaining remnants of the shrub-steppe environment are located in
fragmented ownerships near industrial development and arterial streets with
no variety of natural features indicative of priority or quality habitat areas.
These areas are isolated from large continuous shrub-steppe environments
that contain substantial amounts of interior habitat.
o The US Fish and wildlife Service lists the Bull Trout/ Dolly Varden as a
threatened species. The National Marine Fisheries Service lists the Snake
River Sockeye, Spring/Summer and Fall Chinook as threatened species.
Steel head are also listed as a threatened species.
Critical Areas/Shorelines 98
• Washington State Fish and Wildlife sensitive habitat maps for the Pasco
UGA do not accurately reflect current land uses.
• The River system through the Pasco UGA is listed as a critical habitat for
the threatened anadramous fish species.
• Franklin County contains a number of species and habitats of local
importance. These habitat areas and species are found primarily along the
breaks of the Columbia and Snake Rivers, the Juniper Dunes Wilderness
area,Scooteney-Egale Lakes area,river islands,shorelines and intact steppe
and shrub-steppe areas. These significant habitat areas are principally
located outside the Pasco UGA.
• The Franklin Conservation District indicates significant aquifer recharge
areas within Franklin County are located outside the Pasco UGA.
• The areas most susceptible to flooding in Franklin County are the Esquatzel
Coulee and the Kahlotus Creek areas. Both of these flood prone areas are
located to the north of the Pasco UGA.
• According to the Flood Insurance Rate Maps most of the Pasco UGA is
located in a minimal flood hazard zone.
• The Pasco UGA is in an area of low seismic activity.
• Certain areas of Pasco may be susceptible to soil liquefaction during a
seismic event but, actual suseptibility must be determined through on-site
investigation.
• There are no cliffs,canyons or coulees or other significant types of geological
feature within the Pasco UGA.
• Slopes in access of 15 percent are found in Sections 11 and 14 west of the
airport and along the west side of the north/south portion of Dent Road.
• Pasco receives between 5 and 7 inches of precipitation a year,an insignificant
amount to cause any concern about slope saturation.
The Critical Areas Map located in Appendix VIII identifies general locations of
probable critical areas. Additional onsite investigation may be required at the time
of development to determine the full extend of these critical areas.
Critical Areas/Shorelines 99
The State Shoreline Management Act(SMA)was established in 1971 and approved
by a voter referendum in 1972. The goal of the SMA was "to prevent the inherent
harm in an uncoordinated and piece meal development of the state's shorelines."
Shorelines include all marine waters, streams with flow of more than 20 cubic feet
per second, lakes 20 acres and larger and shorelands that extend 200 upland from
the waters edge.
In developing Shoreline Mater Programs local jurisdictions are required to give
preference to uses along shorelines in the following order:
(1) Recognize and protect the statewide interest over local interest
(2) Preserve the natural character of the shoreline
(3) Results in long term over short term benefit
(4) Protect the resources and ecology of the shoreline
(5) Increase public access to publicly owned areas of the shoreline
(6) Increase recreational opportunities for the public in the shoreline
(7) Provide any other elements as defined in RCW 90.58.100 deemed appropriate
or necessary.
The goals and policies of the City's Shoreline Master Program are, by RCW
36.70A.480, considered an element of this Comprehensive Plan.
There are seven land use and water elements within the Shoreline Master Program.
The implementation goals for each element are as follows:
Economic Development: Economic development is to be encouraged along the
shoreline with minimal disruption to the environment while enhancing the quality
of life. The Port of Pasco Master Plan for redevelopment of the Port supports this
element.
Public Access: While preserving ecological systems diverse, convenient and
adequate recreational opportunities are encouraged for all residents. The City and
Franklin County recently completed construction on new a new boat launch, dock,
and parking facilities at Road 54 for enhance access to the river.
Circulation: This element deals with the location and extent of major streets
and transportation routes through the community. The goal is to assure efficient
movement of people,goods and services with minimum disruptions to the shoreline
Critical Areas/Shorelines 100
environment. The City and the Port have over the last few years collectively been
adding trails along the shoreline to complete the Sacajawea Heritage Trail on the
Pasco side of the Columbia River.
Recreation: Shoreline Use: The Shoreline Element considers the pattern and
distribution of land uses on the shorelines and uses associated with the rivers.
The goal is to encourage the best possible land and water use allocations without
diminishing the quality of the natural and human environment.
Conservation: This element deals with the preservation of the natural shoreline
resources the goals is to conserve and enhance the renewable resources of the
region and conserve fragile, scenic areas and restore damaged ecosystems where
feasible.
History and Cultural: The History and Cultural Element deals with the natural
restoration of areas blighted by abandoned and dilapidated structures. Part of the
goal is to provide protection to object, sites and structures that are significant to
history, architecture, archaeology or culture.
The city protects shorelines of state-wide significance through implementation of
the local Shorelines Management Program.
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