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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. VERSION 4-PRINTED 711112008 CITY OF PASCO-SOW DRAFT-PES-REV4.DOC SCOPE OF WORK 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. VERSION 4-PRINTED 7111/2008 C ty of Pasco-SOW Draf1_PES_Rev4.doc 2 SCOPE OF WORK 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. VERSION 4-PRINTED 7/11/2008 CITY OF PASCO-SOW DRAFT PES REV4.DOC 3 SCOPE OF WORK 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 VERSION 4-PRINTED 7111/2408 City of Pasgo-SOW Dra11_PES_Rev4,doc 4 SCOPE OF WORK 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. VERSION 4-PRINTED 7111/2008 CITY OF PASCO-SOW DRAFf_PES_REV4.DOC 5 SCOPE Of WORK 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 ti to C! I�p C14 O C> C) C) C> r- t CD Cos 64) CL ot ;3 cc C9 JR 7� 0 G n w (A 44 96q t kn \c) r- oo a) kr) 10 1— 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) r �,' '' y i <0' r°' t..',�,♦ a ,, '�k d•'i 'J tii - y�'^I;'�< Grp_ +' �` �•y ;- `d 3 a't� tY 3:�i.ip y„ �'-_ § -3,. r s� .y r' ,ti..: •4"°i�s k.Yt�+�+� ,. ,(. } .t�•` # R tl '`''.ftt 4jP�k�' :. f"\b+k'.;, P ,'i<�*4��•',y+�NLr � ..'R,FJ. WWI'•r ">`` a.2'-'�'r�t`'R'4y.T!!'F•n'*�'d``a :tom t�a6 & ., ••yy, r T M• X 1 •Nt � vs t ��, � m t bt y�Tis t: f 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. 22-4-06030-001 co $ z z z z z ! z e . ■ 7 In ~ , 2 2 2 2 § w3 k R : k CD$ _ 2 ) / go a \} 12 7 f f 2 \ m 2 2 a 2 . ] . ] . CO ) CO ) ) � 03 -0 - ) ) 03 -0 ® .6 -a k \ \ \ \ \ \ % § & � { \ k cl « � � ID 2 o Z'k \ & f \ . Lo IL / \ \ Sob ca \A B e / a ƒ \ | : f 2 J + B 0 LL t \ s { � ) B e co U a to k 2 = a a d k a k k \ /z § § � � A a \ § k \ \ CN z n «» ^ m m � / �z 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. 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