HomeMy WebLinkAbout2019.01.14 Council Workshop PacketWorkshop Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
January 14, 2019
Page
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) Hanford Communities Annual Report
Presented by Pam Larsen, Executive Director, Hanford Communities
3 - 4 (b) Franklin County, Washington Multi-Hazard Mitigation Plan
5 - 10 (c) Response to Governor's Orcas Task Force Budget Proposal
Presented by Debbie Boone-Harris, Sr. Public Affairs Manager,
Franklin County PUD
11 - 17 (d) Housekeeping Ordinances for Various Criminal Offenses
18 - 28 (e) Final Project Acceptance - Traffic Signal Improvements - City Wide
Phase 1
29 - 36 (f) Professional Services Agreement with RH2 Engineering, Inc. for the
19053 - Road 52 & Pearl Street Lift Station Project
37 (g) Presentation - Municipal Code Update
5. MISCELLANEOUS COUNCIL DISCUSSION:
6. EXECUTIVE SESSION:
7. ADJOURNMENT.
Page 1 of 37
Workshop Meeting January 14, 2019
REMINDERS:
1. Monday, January 14th, 11:45 a.m., Pasco Chamber of Commerce Membership
Luncheon – Pasco Red Lion Hotel.
2. Monday, January 14th, 6:00 p.m., Old Fire Pension Board Meeting – City Hall
Conference Room 1, Pasco City Hall (MAYOR MATT WATKINS, Rep.;
COUNCILMEMBER CRAIG MALONEY, Alt.).
3. Thursday, January 17th, 3:30 p.m., Franklin County Emergency Management Board
Meeting – FCEM Office, 502 Boeing St. (COUNCILMEMBER CRAIG
MALONEY, Rep.; MAYOR MATT WATKINS, Alt.).
4. Thursday, January 17th, 4:00 p.m., Tri-Cities National Park Committee Meeting –
Tri-Cities Regional Business & Visitor Center, Bechtel Board Room, 7130 W.
Grandridge Blvd., Kennewick (MAYOR MATT WATKINS).
5. Friday, January 18th, 11:30 a.m., Benton-Franklin Council of Governments Board
Meeting – Ben-Franklin Transit, 1000 Columbia Park Trail, Richland
(COUNCILMEMBER BLANCHE BARAJAS, Rep., COUNCILMEMBER
RUBEN ALVARADO, Alt.).
This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and
streamed at www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for assistance.
Spanish language interpreter service may be provided upon request. Please provide
two business day's notice to the City Clerk to ensure availability. (Servicio de
intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal
dos días antes para garantizar la disponibilidad.)
Page 2 of 37
AGENDA REPORT
FOR: City Council January 7, 2019
TO: Dave Zabell, City Manager Workshop Meeting: 1/14/19
FROM: Bob Gear, Fire Chief
Fire Department
SUBJECT: Franklin County, Washington Multi-Hazard Mitigation Plan
I. REFERENCE(S):
Franklin County, Washington Multi-Hazard Mitigation Plan. The document is too large
to include with Agenda Report, it can be accessed on the Franklin County Emergency
Management website www.franklinem.org.
Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Hazard "Multi a have to County is Management Emergency Franklin required
Mitigation Plan" in order to be eligible for federal mitigation funding. This plan
defines the natural hazards within Franklin County and incorporates the Community
Wildfire Protection Plan from 2014.
The plan requires periodic updating.
V. DISCUSSION:
The 2018 revision/updates of the Franklin County Multi-Hazard Mitigation Plan were
minor "housekeeping" changes that did not affect participation or responsibilities to the
City of Pasco. It incorporated the approved Community Wildfire Protection Plan from
Page 3 of 37
2014 and updated some of the most recent disasters within the county, (for example the
winter storm in January 2017).
Staff recommends that Council adopt the 2018 revision/update of the Franklin County
Multi-Hazard Mitigation Plan.
Page 4 of 37
AGENDA REPORT
FOR: City Council January 11, 2019
TO: Dave Zabell, City Manager Workshop Meeting: 1/14/19
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Orcas Task Force Recommendations
I. REFERENCE(S):
Draft Letter to Governor Inslee
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion with possible motion to authorize the Mayor to sign onto the draft letter on
behalf of the Pasco City Council.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
In November of 2018, the Southern Resident Orcas Task Force issued a series of
recommendations to help with protection of killer whales in the Puget Sound. One of
those recommendations was establishing a stakeholder process to study the impact on
the species by the removal or breeching of the Snake River dams.
Governor Inslee's budget proposal includes $750,000 for a study to fund such a process
including an evaluation the associated economic and social impacts of the
recommended removal along with the mitigation costs of Snake River dam removal.
Debbie Bone-Harris of the Franklin Public Utility District will provide a brief
background presentation to City Council on concerns related to the Governor's
proposal for the aforementioned study and to request Council's concurrence for Mayor
Watkins to sign the referenced letter addressing these concerns to the Governor.
V. DISCUSSION:
Page 5 of 37
7130 West Grandridge Boulevard, Kennewick, WA 99336 • (509) 735-1000
January 30, 2019
Governor Jay Inslee
Office of the Governor
Southern Resident Orca Task Force
Olympia, WA 98504
RE: Removing $750,000 from your proposed budget to study the associated economic and social impacts – as
well as mitigation costs – of the potential breaching or removal of the Lower Snake River Dams
Dear Governor Inslee,
Improving orca habitat is a topic of discussion across the State of Washington. It is safe to say that all
Washingtonians care about the health and future of the unique and iconic Southern Resident whale population.
No one disagrees that this group of orcas is in trouble. The Tri-Cities has always strongly supported robust
salmon recovery efforts, including improvements to hydro, habitat, harvest and hatchery programs, all of which
also benefit orcas. We support many of the elements outlined in the Southern Resident Orca Task Force report
and recommendations dated November 16, 2018.
We ae very concerned with your funding request for the Southern Resident Orca Task Force to study potential
breaching or removal the four lower Snake River dams. Your budget priorities include a $750,000 proposal to
fund a stakeholder process on the associated economic and social impacts as well as mitigation costs of Snake
River dam removal. The task force would essentially be duplicating the same information-gathering effort that
is already several years underway by the federal agencies in the Columbia River Systems Operations
Environmental Impact Statement (CRSO EIS). The CRSO EIS is a regional, comprehensive effort to evaluate a
range of operations alternatives for the 14 federal hydropower facilities that exist along the Columbia and
Snake Rivers. The EIS process has multiple opportunities for public engagement. All Northwest states and tribes
are already cooperating in this EIS process, which includes an evaluation of the four lower Snake River dams,
along with an economic impact analysis and stakeholder input.
A state-level effort would not be as comprehensive as the current federal effort, would not comport with the
National Environmental Policy Act (NEPA), and thus would not result in a product that can be relied upon by
decision-makers or inform the CRSO EIS process or other science-based species recovery activities in the
Northwest. Given the relative size and limited scope of such an effort as compared to the CRSO EIS process, it is
reasonable to question whether the recommendations generated by such an effort would result in real help for
the orcas. Simply put, this study would not be the best use of limited taxpayer resources.
Additionally, National Oceanic and Atmospheric Administration (NOAA) Fisheries - the agency with the
expertise and responsibility for the recovery of these pods - has increased efforts to inform the region about
fish, orcas, and dams. NOAA has released three fact sheets recently (one in 2016 and two in 2018) specifically
on the four lower Snake River dams and the orcas. They assessed the operation of the four lower Snake River
dams and their effects on listed salmon and steelhead in the 2008 Biological Opinion. In 2014, their
supplemental Biological Opinion re-examined the issues, including consequences for Southern Resident killer
whales. Neither opinion concluded that breaching the dams is necessary for recovery of the Snake River
salmon or Southern Resident
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7130 West Grandridge Boulevard, Kennewick, WA 99336 • (509) 735-1000
killer whales. The biological opinions concluded that hatchery production of salmon and steelhead in the
Columbia and Snake River systems more than offsets any losses of salmon from the killer whale prey base
caused by the dams.
However, after decades of using other arguments in their attempts to justify removing the four lower Snake
River dams, some environmental groups have latched-on to the plight of the orcas. They are now stating that
removing the four lower Snake River dams is the solution to improving the orcas’ diminished Chinook salmon
supply. Despite the availability of accurate information from NOAA and other reputable sources, these groups
are using the orcas to play on the public’s sympathies and promote their real goal: removal of the four lower
Snake River dams.
Fish from the Snake and Columbia Rivers are just one part of the list of Chinook runs which are important for
orcas in Puget Sound. These orcas consume many different salmon stocks, including Fraser River Chinook,
Puget Sound Chinook, and Coho salmon. In winter, the whales consume Chinook from many different stocks
up and down the coast, including but not limited to fish from the Columbia and Snake Rivers. While increasing
overall salmon abundance is likely to help the whales, it is important to understand that NOAA Fisheries has
concluded that because orcas feed on many different stocks at different times, one narrow approach to fish
recovery, such as breaching dams on the Snake River, will not make a measurable improvement for orca
survival.
It is instructive to note that in his May 2017 ruling, U.S. District Judge Michael Simon accepted NOAA Fisheries’
conclusion that hatchery production of salmon and steelhead in the Columbia and Snake River systems is more
than sufficient to offset any reduction in salmon abundance caused by federal hydropower dams. Judge Simon
did not rule in favor of plaintiffs on this issue, who had argued that hydro system operations endanger orcas.
While prey is important to long term orca recovery, to help orcas in the immediate term we should focus on
the more logical and much quicker solutions including further restrictions on boat traffic and noise in Puget
Sound, reducing and preventing urban pollution contaminating the Puget Sound, and increasing and expanding
current habitat restoration efforts on the Snohomish and Skagit rivers and in other rivers contributing directly
to the Puget Sound where salmon spawn.
In addition, all ways to improve salmon populations should be explored and implemented; e.g. further
restrictions on commercial salmon harvest and greater control of natural marine predators occupying
unnatural positions around built structures. The latest research concludes that booming populations of sea
lions, harbor seals and West Coast marine predators are eating more Chinook salmon than ever, competing
directly with orcas for this food supply. In short, the most immediate way to improve salmon numbers is to
stop killing them ourselves.
Investments in salmon restoration have included a complete overhaul of the federal dams to make them more
fish friendly, at a cost of more than $2 billion. For example, every one of the federal dams on the Columbia and
Snake Rivers have been retrofitted with state of the art downstream fish passage technologies. These “fish
slides” and other technologies are helping young fish migrate safely and swiftly with per-dam survival rates
averaging 96% past the four lower Snake River dams. Due to the success of improved passage and dam
operations, NOAA Fisheries and other scientists have stated that these survival levels are similar to those
seen in undammed rivers such as the Fraser River in British Columbia.
The Northwest is home to the largest fish and wildlife restoration program anywhere in the nation, and likely
the world. Nearly $17 billion has been spent to mitigate for the impacts of the dams on fish and wildlife since
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7130 West Grandridge Boulevard, Kennewick, WA 99336 • (509) 735-1000
the late 1970’s. It is important to point out that the Northwest is unique in this respect too: almost all these
costs are borne by Northwest families and businesses through their electric bills – not U.S. taxpayers.
While the federal hydro system provides 60% of the Pacific Northwest’s clean power, it does much more. The
system of federal dams protects rural communities and big cities alike from devastating floods, creates a river
highway that links the Northwest to the rest of the nation, and provides recreational opportunities and
irrigation for over 7 million acres of farmland producing $8 billion in agricultural income. Barging on the inland
Columbia Snake River System moves, on average, approximately 9 million tons of cargo valued at over $3
billion each year. In fact, most years see nearly 10% of the nation’s wheat exports travel through our lower
Snake River dams. There is no question that the federal hydro system is the backbone of the region’s carbon
free energy supply and the lifeblood of its economy.
Because of their location, size and ability to help meet peak power loads, the four lower Snake River dams do
much more than generate electricity – they are key to keeping the system reliable and help support wind
energy. These dams lie east of the other federal generators, so they provide a significant contribution to
transmission grid reliability. BPA markets power from 31 federal dams, but only the 10 largest of these dams
keep the federal power system operating smoothly through the use of automatic generation control, AGC.
Those 10 dams include the four lower Snake River dams. When total electricity being consumed differs from
the generation in the power system, automatic signals go to these few dams with AGC to instantly increase or
decrease generation. This maintains the constant balance of generation and loads, or electrical demand, which
is necessary for power system reliability, critical to keeping the lights on, every minute, every day.
We believe that your carbon reduction goals are in conflict with dam removal. The four lower Snake River
dams are strategic clean energy assets and maintaining them is an important component of a clean energy
future. We will be working with the legislature to request removal of the $750,000 proposal to fund the study.
It is a duplicate effort of federal agencies, and should not lie on the backs of Washington taxpayers.
Sincerely,
_______________________________________ _______________________________________
Carl Adrian, CEO, TRIDEC Jeff Hall, Benton PUD, Commission President
_______________________________________ _______________________________________
Roger Wright, Franklin PUD, Commission President Matt Watkins, City of Pasco Mayor
_______________________________________ _______________________________________
Don Britain, City of Kennewick Mayor Robert Thompson, City of Richland Mayor
_______________________________________ ________________________________________
Brent Gerry, City of West Richland Mayor Randy Taylor, City of Prosser Mayor
_______________________________________ ________________________________________
Shon Small, Chair, Benton County Commissioners Bob Koch, Chair, Franklin County Commissioners
_______________________________________ _______________________________________
Page 8 of 37
7130 West Grandridge Boulevard, Kennewick, WA 99336 • (509) 735-1000
Randy Hayden, Executive Director, Port of Pasco Roy D. Keck, Port of Benton Commission President
______________________________________ ________________________________________
Lori Mattson, CEO, Colin Hastings, CEO, Pasco Chamber of Commerce
Tri-City Regional Chamber of Commerce
________________________________________ ________________________________________
Dan O’Neill, President, Michael Novakovich, President/CEO, Visit Tri-Cities
West Richland Chamber of Commerce
_______________________________________
Nikki Torres, President, Tri-Cities Hispanic Chamber of Commerce
Cc:
WA State Senate Ways and Means:
Christine Rolfes(D) District
David Frockt (D) District
Mark Mullet (D) District
Kevin Ranker (D) District
John Braun (R) District
Sharon Brown (R) District
Jim Honeyford (R) District
WA State House Appropriations:
Timm Ornsby (D) District 3
June Robinson (D) District 38
Steve Bergquist (D) District 11
Drew Stokesbary (R) District 31
Skylar Rude (R) District 16
Drew MacEwen (R) District 35
WA State House Capital Budget:
Steve Tharinger (D) District 24
Beth Doglio (D) District 22
Strom Peterson (D) District 21
Richard DeBolt (R) District 20
Norma Smith (R) District 10
Mike Steele (R) District 12
Others:
George Caan, CEO, WPUDA
Kent Lopez, CEO, WRECA
Kris Johnson, President, AWB
Candice Bock, Director, AWC
Eric D. Johnson, Executive Director, WA Public Ports Association
WA State Association of Counties
Page 9 of 37
7130 West Grandridge Boulevard, Kennewick, WA 99336 • (509) 735-1000
Page 10 of 37
ORDINANCE NO. ______
AN ORDINANCE of the City of Pasco, Washington,
Amending PMC Section 9.115.070 “Computer Trespass Second
Degree”
WHEREAS, the City of Pasco has defined computer trespass second degree in Section
9.115.070 of the Pasco Municipal Code, which still reflects the previous State law defining
computer trespass in the second degree at Section 9A.52.120 of the Revised Code of Washington;
and
WHEREAS, the Washington State Legislature repealed Section 9A.52.120 of the Revised
Code of Washington in 2016 and now defines computer trespass in the second degree as a gross
misdemeanor at Section 9A.90.050 of the Revised Code of Washington; and
WHEREAS, Section 9.115.070 of the Pasco Municipal Code did not previously specify
that computer trespass in the second degree is a gross misdemeanor; and
WHEREAS, the City Council of the City of Pasco desires to amend Section 9.115.070 of
the Pasco Municipal Code to accord with the State law regarding computer trespass in the second
degree. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 9.115.070 of the Pasco Municipal Code entitled “Computer
Trespass Second Degree” shall be and hereby is amended and shall read:
9.115.070 COMPUTER TRESPASS IN THE SECOND DEGREE. A person is guilty
of computer trespass in the second degree if the person, without authorization, intentionally gains
access to a computer system or electronic data base of another under circumstances not constituting
the offense of computer trespass in the first degree, as such offense is defined in RCW 9A.52.110
9A.90.040, as now or hereafter amended. Computer trespass in the second degree is a gross
misdemeanor. (Ord. 3492 Sec. 3, 2001.)
Section 2. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this ____ day of _________________, 2019.
__________________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ __________________________________
Daniela Erickson, City Clerk KERR LAW GROUP, City Attorney
Page 11 of 37
Ordinance – Marijuana Code Update - 1
ORDINANCE NO. ______
AN ORDINANCE of the City of Pasco, Washington,
Amending PMC Section 9.45.040 “Marijuana – Definition”;
Amending PMC Section 9.45.050 “Marijuana – Possession
Unlawful”; Creating PMC 9.45.051 “Marijuana – Possession
Unlawful for Persons Under 21”; Creating PMC Section
9.45.052 “Public Consumption – Violation”; Amending PMC
9.45.080 “Penalties – Mandatory Minimums”; Creating PMC
9.45.085 “Medical Marijuana – Affirmative Defenses”; and
Amending PMC 9.45.100 “Prohibited Conduct Within Drug-
Free Zone”
WHEREAS, the people of the State of Washington approved Initiative Measure No. 502
on November 6, 2012, substantially changing state regulation of marijuana; and
WHEREAS, the Washington State Legislature has revised Chapter 69.50 and other
chapters of the Revised Code of Washington to effectuate the changes brought by the approval of
Initiative Measure No. 502; and
WHEREAS, sections of Chapter 9.45 of the Pasco Municipal Code regarding the
regulation of marijuana have not been revised or amended since the passage of Ordinance 3489 in
2001; and
WHEREAS, various sections of Chapter 9.45 of the Pasco Municipal Code contain other
errors that need to be amended; and
WHEREAS, the City Council of the City of Pasco desires to revise sections of the Pasco
Municipal Code regarding the regulation of marijuana to accord with State law. NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 9.45.040 of the Pasco Municipal Code entitled “Marijuana –
Definition” shall be and hereby is amended and shall read as follows:
9.45.040 MARIJUANA – DEFINITION.
(1) As used herein, the word “marijuana” means all parts of the plant of the genus
Cannabis L., whether growing or not; with a THC concentration greater than 0.3 percent on a dry
weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It The term
does not include:
Page 12 of 37
Ordinance – Marijuana Code Update - 2
(a) The mature stocks stalks of the plant, fiber produced from the stocks stalks,
oil or cake made from the seeds of the plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of the mature stocks stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of
germination; or
(b) Industrial hemp as defined in RCW 15.120.010.
(2) For purposes of this Chapter, “THC concentration” means percent of delta-9
tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or
weight of marijuana product, or the combined percent of delta-9 tetrahydrocannabinol and
tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content. (Ord.
3489 Sec. 5, 2001.)
Section 2. That Section 9.45.050 of the Pasco Municipal Code entitled “Marijuana –
Possession Unlawful” shall be and hereby is amended and shall read as follows:
9.45.050 MARIJUANA – UNLAWFUL POSSESSION UNLAWFUL. It is
unlawful for any person within the City of Pasco to be in possession of forty grams or less possess
more than one ounce of marijuana unless the same was obtained directly from, or pursuant to, a
valid prescription or order of a practitioner while acting in the course of his or her professional
practice, or except as otherwise authorized by the laws of the State of Washington.
Except as provided in RCW 69.50.401(2)(c) or as otherwise authorized by the laws of the
State of Washington, any person found guilty of possession of more than one ounce forty grams
or less of marijuana shall be is guilty of a misdemeanor. (Ord. 3489, Sec. 5, 2001.)
Section 3. That a new Section 9.45.051 of the Pasco Municipal Code entitled
“Marijuana – Possession Unlawful for Persons Under 21” shall be and hereby is enacted and shall
read as follows:
9.45.051 MARIJUANA – POSSESSION UNLAWFUL FOR PERSONS UNDER
21. It is unlawful for any person under the age of twenty-one years to possess marijuana in an
amount less than forty grams unless the same was obtained directly from, or pursuant to, a valid
prescription or order of a practitioner while acting in the course of his or her professional practice,
or except as otherwise authorized by the laws of the State of Washington.
Section 4. That a new Section 9.45.052 of the Pasco Municipal Code entitled “Public
Consumption – Violation” shall be and hereby is enacted and shall read as follows:
9.45.052 PUBLIC CONSUMPTION – VIOLATION.
(1) It is unlawful to open a package containing marijuana, useable marijuana,
marijuana-infused products, or marijuana concentrates, or consume marijuana, useable marijuana,
marijuana-infused products, or marijuana concentrates, in view of the general public or in a public
place.
Page 13 of 37
Ordinance – Marijuana Code Update - 3
(2) For the purposes of this section, “public place” has the same meaning as defined in
RCW 66.04.010, but the exclusions in RCW 66.04.011 do not apply.
(3) A person who violates this section is guilty of a class 3 civil infraction.
Section 5. That Section 9.45.080 of the Pasco Municipal Code entitled “Penalties –
Mandatory Minimums” shall be and hereby is amended and shall read as follows:
9.45.080 PENALITES - MANDATORY MINIMUMS. A person who is convicted
of a misdemeanor violation of any provision of this chapter shall be punished by imprisonment for
not less than twenty-four (24) consecutive hours, and by a fine of not less than two hundred fifty
dollars ($250.00). On a second or subsequent conviction, the fine shall not be less than five
hundred dollars ($500.00). These fines shall be in addition to any other fine or penalty imposed.
Unless the court finds that the imposition of the minimum imprisonment will pose a substantial
risk to the defendant’s physical or mental well-being or that local jail facilities are in an
overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If
the court finds such risk of overcrowding exists, it shall sentence the defendant to a minimum of
forty hours of community service. If a minimum term of imprisonment is suspended or deferred,
the court shall state in writing the reason for granting the suspension of or deferral and the facts
upon which the suspension or deferral is based. Unless the court finds the person to be indigent,
the minimum fine shall be not suspended or deferred. (Ord. 3489, Sec. 5, 2001.)
Section 6. That a new section 9.45.085 of the Pasco Municipal Code entitled “Medical
Marijuana – Affirmative Defenses” shall be and hereby is enacted and shall read as follows:
9.45.085 MEDICAL MARIJUANA – AFFIRMATIVE DEFENSES. By enactment
of Chapter 69.51A RCW, the state of Washington has recognized the medical benefits of
prescribed marijuana and has legalized medical marijuana use when appropriately prescribed and
obtained. The City hereby adopts Chapter 69.51A RCW as now or hereafter amended regarding
lawful medical marijuana and any affirmative defenses therein.
Section 7. That Section 9.45.100 of the Pasco Municipal Code entitled “Prohibited
Conduct Within Drug-Free Zone” shall be and hereby is amended and shall read as follows:
9.45.100 PROHIBITED CONDUCT WITHIN DRUG-FREE ZONE. Any person
who violates PMC 9.45.070050 or PMC 9.45.051 by possessing marijuana, or RCW
69.50.401(2)(a) by manufacturing, selling, delivering, or possessing with the intent to
manufacture, sell, or deliver a controlled substance listed under that subsection, or who violates
RCW 69.50.410 by selling for profit any controlled substance or counterfeit substance classified
in Section 1, RCW 69.50.204, except leaves and flowering tops of marijuana, to a person within a
drug-free zone, may be punished by a fine or imprisonment of up to twice the fine or imprisonment
otherwise authorized for violation of the above sections. Nothing herein shall authorize
enhancement of the fine or imprisonment imposed by violation of RCW 69.50.206 as amended
from to time, or other fines or imprisonment otherwise authorized by this chapter for an offense.
(Ord. 3489, § 5, 2001; Code 1970 § 9.38.100.)
Page 14 of 37
Ordinance – Marijuana Code Update - 4
Section 8. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this ____ day of _________________, 2019.
__________________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ __________________________________
Daniela Erickson, City Clerk KERR LAW GROUP, City Attorney
Page 15 of 37
Ordinance Amending
PMC 9.15.070 - 1
ORDINANCE NO. ______
AN ORDINANCE of the City of Pasco, Washington,
Amending PMC Section 9.15.070 “Reckless Endangerment”
WHEREAS, the City of Pasco has defined reckless endangerment in the second degree in
Section 9.15.070; and
WHEREAS, the Washington State Legislature, through revisions to Chapter 9A.36 of the
Revised Code of Washington, changed the definition of reckless endangerment in the second
degree to be referred to as reckless endangerment, and has revised the definition of reckless
endangerment in the first degree to be referred to as “Drive-by shooting”; and
WHEREAS, the City Council of the City of Pasco desires to amend Section 9.15.070 of
the Pasco Municipal Code to accord with the State law regarding reckless endangerment. NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 9.15.070 of the Pasco Municipal Code entitled “Reckless
Endangerment in the Second Degree” shall be and hereby is amended and shall read:
9.15.070 RECKLESS ENDANGERMENT IN THE SECOND DEGREE. A person
is guilty of reckless endangerment in the second degree when he or she recklessly engages
endangers, in conduct not amounting to reckless endangerment in the first degree conduct as
defined by RCW 9A.36.045 – Drive-by shooting, but which that creates a substantial risk of death
or serious physical injury to another person. Reckless endangerment is a gross misdemeanor.
(Ord. 3484 Sec. 2, 2001.)
Section 2. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this ____ day of _________________, 2019.
__________________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ __________________________________
Daniela Erickson, City Clerk KERR LAW GROUP, City Attorney
Page 16 of 37
ORDINANCE NO. ______
AN ORDINANCE of the City of Pasco, Washington,
Creating PMC Section 9.40.030 “Emergency Response –
Recovery of Costs”
WHEREAS, the City of Pasco’s emergency services expend significant resources
responding to incidents caused by a person’s intoxication; and
WHEREAS, the Washington State Legislature, through Section 38.52.430 of the Revised
Code of Washington, has allowed public agencies like the City to recover the expenses of
emergency responses for incidents caused by a person’s intoxication; and
WHEREAS, the City of Pasco regulates intoxicating liquor in Chapter 9.40 of the Pasco
Municipal Code; and
WHEREAS, the City Council of the City of Pasco desires to amend Chapter 9.40 of the
Pasco Municipal Code to provide for the City’s recovery of the costs of emergency responses in
accordance with State law. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That a new Section 9.40.030 of the Pasco Municipal Code entitled
“Emergency Response – Recover y of Costs” shall be and hereby is enacted and shall read as
follows:
9.40.030 EMERGENCY RESPONSE – RECOVERY OF COSTS. Section
38.52.430 of the Revised Code of Washington, pertaining to the recovery of the expenses of an
emergency response by a public agency to an incident caused by a person’s intoxication, as now
or hereafter amended, is hereby adopted by reference as a part of this Chapter 9.40 PMC in all
respects as though Section 38.52.430 of the Revised Code of Washington was set forth herein in
full.
Section 2. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this ____ day of _________________, 2019.
__________________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ __________________________________
Daniela Erickson, City Clerk KERR LAW GROUP, City Attorney
Page 17 of 37
AGENDA REPORT
FOR: City Council November 7, 2018
TO: Dave Zabell, City Manager
Steve Worley, Public Works Director
Regular Meeting: 1/14/19
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Final Project Acceptance - Traffic Signal Improvements - City Wide Phase 1
I. REFERENCE(S):
Vicinity Map
Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _____ accepting the work performed by
Sierra Electric, Inc. for the Traffic Signal Improvements Citywide Phase 1 project.
III. FISCAL IMPACT:
STP & TAP Grants $1,365,776.10
Fund 120 - Arterial Street $ 100,786.95
Fund 125 - Traffic Impact $ 359,528.09
Total Project Cost: $1,826,091.14
IV. HISTORY AND FACTS BRIEF:
Replacement of the City's traffic signal controllers and related improvements was split
into a two-phase project by City Council action at the January 4, 2016 Council meeting
after Benton Franklin Council of Governments' (BFCOG) request to do so due to
Surface Transportation Program (STP) funding considerations. This project, Phase 1,
included upgrades to 11 signalized intersections that were identified to have no right-
of-way impacts. Phase 2 includes upgrades to 22 signalized intersections and is
anticipated to commence in 2019, depending on funding.
The project scope for Phase 1 included five signalized intersections along Court Street
Page 18 of 37
corridor, five along Lewis Street corridor, and one on Clark Street. This project
included traffic signal upgrades, including new cabinets, controllers and vehicle
detection and emergency preemption systems. Improvements also included upgrades to
the intersections, including pedestrian indicator upgrades to comply with current ADA
requirements. These much needed upgrades will enhance intersection efficiency,
improve left turn safety with flashing yellow arrow signals (permissive left turn),
improve emergency response times and decrease travel times through the Court and
Lewis Street corridors through signal coordination.
The project bid was awarded by Council to Sierra Electric, Inc. out of Pasco, WA on
May 1, 2017, in the amount of $1,399,982.00. Phase 1 is complete and constructed per
specifications. Final construction costs total $1,398,817.30, slightly under the bid
amount and the materials and workmanship have been accepted by staff.
Formal acceptance of the project by the City is required by State law and starts a 45 -
day waiting period within which an outside vendors, suppliers or laborers have an
opportunity to file a claim against this project pursuant to RCW 60.28.011(2). After 45
days, the retainage being held by the City can be released if the City has received the
following documents:
• An affidavit of no liens;
• A release from the Department of Revenue that all taxes have been paid; and
• A release from any claims from the Department of Labor and Industries, pursuant to
RCW 60.28.051.
V. DISCUSSION:
Staff recommends Council's acceptance of the project as constructed by Sierra Electric,
Inc.
Page 19 of 37
TRAFFIC SIGNAL IMPROVEMENTS
CITY WIDE PHASE 1
COL
U
M
B
I
A
R
I
V
E
R
COURT ST
SYLVESTER ST
"A" STREET
CLAR
K
S
TUS-395I-182
26TH AVE20TH AVE14TH AVE5TH AVE4TH AVELEWIS
S
T10TH AVE7TH AVEBNSFWEHE AVEPage 20 of 37
RESOLUTION NO. _______
A RESOLUTION ACCEPTING WORK PERFORMED BY SIERRA ELECTRIC,
INC. UNDER CONTRACT FOR THE TRAFFIC SIGNAL IMPROVEMENTS – CITY WIDE
– PHASE 1 PROJECT.
WHEREAS, the work performed by Sierra Electric, Inc., under contract for the Traffic
Signal Improvements – City Wide – Phase 1 project has been examined by Engineering and has
been found to be in apparent compliance with the applicable project specifications and drawings,
and
WHEREAS, it is Engineering’s recommendation that the City of Pasco formally accept
the contractor’s work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with Engineering’s recommendation and thereby accepts the work
performed by Sierra Electric, Inc., under contract for Traffic Signal Improvements – City Wide –
Phase 1 project, as being completed in apparent conformance with the project specifications and
drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfa ction
of same and verification thereof by the Public Works Director and Finance Director.
PASSED by the City Council of the City of Pasco this 22nd day of January, 2019.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ __________________________
Daniela Erickson Kerr Law Group
City Clerk City Attorney
Page 21 of 37
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Page 28 of 37
AGENDA REPORT
FOR: City Council January 2, 2019
TO: Dave Zabell, City Manager
Steve Worley, Public Works Director
Workshop Meeting: 1/14/19
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Professional Services Agreement with RH2 Engineering, Inc. for the 19053 -
Road 52 & Pearl Street Lift Station Project
I. REFERENCE(S):
Vicinity Map
Professional Services Agreement (PSA) Summary
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Agreement Total: Not to exceed $388,733
Funding Impact:
2019-2020 Biennial Budget Authorized: $270,000
2019-2020 Biennial Budget Supplement Requested: $118,733
Total: $388,733
IV. HISTORY AND FACTS BRIEF:
The project will provide expanded sewer service to the East Sub-basin of the
Riverview Area, which is located generally west of Road 40, east of Road 68, north of
Court Street, and south of I-182.
The project consists of a sanitary sewer lift station, force main and gravity sewer main
sufficient to convey sewage generated by this area to the Sylvester Street sewer trunk
line. The proposed improvements are expected to generally follow the service concept
for the Riverview Area included in the City’s May 2014 Comprehensive Sewer Plan.
Staff has further evaluated the area characteristics and refined the approximate limits of
a potential sub-basin to be served in the near future. The proposed sewer basin is
Page 29 of 37
approximately or having as identified development 255 with acres, 660 acres
redevelopment potential. Preliminarily, the proposed lift station is planned to be
located in the vicinity of Pearl Street and Road 52 on City-owned property. This
location is adjacent to the proposed site for future Fire Station 84. However, the final
location may be adjusted as further analysis is completed.
The purpose of providing sewer service to this area is meet the objectives of the
Growth Management Act, consistency with the Comprehensive Land Use Plan and to
address public health considerations. Sewage to this area will provide for future
development at urban densities, protect ground water quality, support Council goals to
"improve efficiency and effectiveness in the use of public resources in the delivery of
municipal services, programs, and long-term maintenance and viability of public
facilities." A recent evaluation of groundwater in the area reflects the presence of fecal
coliform on the undeveloped City property, the low point of the basin, likely due to the
presence of failing or poorly designed on-site septic systems in the surrounding area.
Portions of the Riverview Area are within an enclave of unincorporated Franklin
County but within the City's Urban Growth Area as designated by Franklin County and
accordingly is expected to be annexed into the City at some point in the future.
V. DISCUSSION:
on of Statement their based for selected were firms Consulting interviews
Qualifications (SOQ) posted on the MRSC Consultant Roster for Wastewater Lift
Station design. The Selection Committee, comprised of City staff, held 4 phone
interviews on December 10, 2018 and produced scores. Scoring was solely based on
interview Inc. responses. RH2 Engineering, was selected as the most qualified
consultant for this project.
RH2 Engineering will provide services including (but not limited to): planning, design,
right-of-way acquisition, permitting, bidding and construction support. The scope of
work also includes evaluating the area of benefit and recommending a mechanism for
recovery of capital investment. The agreement total for these services is not to exceed
$388,733. The timeline for this project is aggressive, as it is critical to construct a
service line and have the sanitary sewer lift station and force main operational upon
completion of the new Fire Station 84. The lift station and force main is currently
scheduled to be completed in the first quarter of 2020, while gravity transmission
mains upstream of the lift station are to be completed thereafter.
Staff recommends approval of the proposed Professional Services Agreement with
RH2 Engineering, Inc.
Page 30 of 37
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asin Force mains Transmission mains City-County limits .19053 ROAD 52 AND PEARL STREET LIFT STATION PROJECT - VICINITY MAPPROPOSED LIFT STATIONPage 31 of 37
Professional Services Agreement
(Summary Sheet)
Project: Professional Services Agreement for design of the 19053 “Road 52 and Pearl Street
Lift Station” Project
Consultant: RH2 Engineering, Inc.
Address: 114 Columbia Point Driver Suite C, Richland, WA 99352
Scope of Services: Design, geotechnical exploration, topographic survey and necessary Right
of Way acquisition and permitting for the 19053 Road 52 and Pearl Street Lift Station Project.
Agreement includes assistance during bidding process and limited construction inspection
support.
Term: Completion Date: December 31, 2020
Payments to Consultant:
Amount Not to Exceed: $388,733
Insurance to be Provided:
1. Commercial General Liability:
☐ $1,000,000 each occurrence;
☐ $2,000,000 general aggregate; or
☒ $1,000,000 each occurrence; and $2,000,000 general aggregate
2. Professional Liability:
☒ $1,000,000 per claim;
☒ $1,000,000 policy aggregate limit; or
☐ $________ per claim; and $________ per policy aggregate limit
Other Information:
Signature by:
☐ Mayor
☒ City Manager
Page 32 of 37
AGENDA REPORT
FOR: City Council January 2, 2019
TO: Dave Zabell, City Manager
Steve Worley, Public Works Director
Workshop Meeting: 1/14/19
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Professional Services Agreement with RH2 Engineering, Inc. for the 19053 -
Road 52 & Pearl Street Lift Station Project
I. REFERENCE(S):
Vicinity Map
Professional Services Agreement (PSA) Summary
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Agreement Total: Not to exceed $388,733
Funding Impact:
2019-2020 Biennial Budget Authorized: $270,000
2019-2020 Biennial Budget Supplement Requested: $118,733
Total: $388,733
IV. HISTORY AND FACTS BRIEF:
The project will provide expanded sewer service to the East Sub-basin of the
Riverview Area, which is located generally west of Road 40, east of Road 68, north of
Court Street, and south of I-182.
The project consists of a sanitary sewer lift station, force main and gravity sewer main
sufficient to convey sewage generated by this area to the Sylvester Street sewer trunk
line. The proposed improvements are expected to generally follow the service concept
for the Riverview Area included in the City’s May 2014 Comprehensive Sewer Plan.
Staff has further evaluated the area characteristics and refined the approximate limits of
a potential sub-basin to be served in the near future. The proposed sewer basin is
Page 33 of 37
approximately or having as identified development 255 with acres, 660 acres
redevelopment potential. Preliminarily, the proposed lift station is planned to be
located in the vicinity of Pearl Street and Road 52 on City-owned property. This
location is adjacent to the proposed site for future Fire Station 84. However, the final
location may be adjusted as further analysis is completed.
The purpose of providing sewer service to this area is to meet the objectives of the
Growth Management Act, consistency with the Comprehensive Land Use Plan and to
address public health considerations. Sewage to this area will provide for future
development at urban densities, protect ground water quality, support Council goals to
"improve efficiency and effectiveness in the use of public resources in the delivery of
municipal services, programs, and long-term maintenance and viability of public
facilities."
Portions of the Riverview Area are within an enclave of unincorporated Franklin
County but within the City's Urban Growth Area as designated by Franklin County and
accordingly is expected to be annexed into the City at some point in the future.
V. DISCUSSION:
on of Statement their based for selected were firms Consulting interviews
Qualifications (SOQ) posted on the MRSC Consultant Roster for Wastewater Lift
Station design. The Selection Committee, comprised of City staff, held 4 phone
interviews on December 10, 2018 and produced scores. Scoring was solely based on
interview Inc. responses. RH2 Engineering, was selected as the most qualified
consultant for this project.
RH2 Engineering will provide services including (but not limited to): planning, design,
right-of-way acquisition, permitting, bidding and construction support. The scope of
work also includes evaluating the area of benefit and recommending a mechanism for
recovery of capital investment. The agreement total for these services is not to exceed
$388,733. The timeline for this project is aggressive, as it is critical to construct a
service line and have the sanitary sewer lift station and force main operational upon
completion of the new Fire Station 84. The lift station and force main is currently
scheduled to be completed in the first quarter of 2020, while gravity transmission
mains upstream of the lift station are to be completed thereafter.
Staff recommends approval of the proposed Professional Services Agreement with
RH2 Engineering, Inc.
Page 34 of 37
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asin Force mains Transmission mains City-County limits .19053 ROAD 52 AND PEARL STREET LIFT STATION PROJECT - VICINITY MAPPROPOSED LIFT STATIONPage 35 of 37
Professional Services Agreement
(Summary Sheet)
Project: Professional Services Agreement for design of the 19053 “Road 52 and Pearl Street
Lift Station” Project
Consultant: RH2 Engineering, Inc.
Address: 114 Columbia Point Driver Suite C, Richland, WA 99352
Scope of Services: Design, geotechnical exploration, topographic survey and necessary Right
of Way acquisition and permitting for the 19053 Road 52 and Pearl Street Lift Station Project.
Agreement includes assistance during bidding process and limited construction inspection
support.
Term: Completion Date: December 31, 2020
Payments to Consultant:
Amount Not to Exceed: $388,733
Insurance to be Provided:
1. Commercial General Liability:
☐ $1,000,000 each occurrence;
☐ $2,000,000 general aggregate; or
☒ $1,000,000 each occurrence; and $2,000,000 general aggregate
2. Professional Liability:
☒ $1,000,000 per claim;
☒ $1,000,000 policy aggregate limit; or
☐ $________ per claim; and $________ per policy aggregate limit
Other Information:
Signature by:
☐ Mayor
☒ City Manager
Page 36 of 37
AGENDA REPORT
FOR: City Council January 8, 2019
TO: Dave Zabell, City Manager Workshop Meeting: 1/14/19
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: Presentation - Municipal Code Update
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
In December of 2017, the City of Pasco undertook a process with Code Publishing Co.
to modernize and amend the Pasco Municipal Code (PMC). Through much work, the
initial stage of the Code update went live the week of January with a new formatting
that enables a more user-friendly experience when navigating the PMC. A number of
corrections have also taken place, including the correction of a number of scrivener's
and re-formatting of some sections.
Comprehensive legal corrections that require the ratification of City Council will be
completed in stages throughout 2019.
V. DISCUSSION:
Page 37 of 37