The URL can be used to link to this page

Home My WebLink About2019.01.22 Council Meeting PacketRegular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. January 22, 2019 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 5 - 8 (a) Approval of Minutes To approve the minutes of the Pasco City Council Regular Meeting dated January 7, 2019. 9 - 11 (b) Bills and Communications To approve claims in the total amount of $4,486,865.90 ($3,710,254.03 in Checks Nos 226721-227052; $23,965.33 in Electronic Transfer Nos. 823213, 823270; $17,401.39 in Check Nos. 52384-52398; $735,245.15 in Electronic Transfer Nos. 30129286-30129789). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non- criminal, criminal, and parking) accounts receivable in the total amount of $218,667.42 and, of that amount, authorize $125,466.88 to be turned over for collection. (c) Regional Chamber Ex-Officio Appointment To appoint Councilmember Blanche Barajas (Primary) and Councilmember Ruben Alvarado (Backup) to the Regional Chamber as an Ex -Officio Member. 12 - 15 (d) Final Project Acceptance - Traffic Signal Improvements - City Wide Phase 1 To approve Resolution No. 3884 accepting the work performed by Sierra Page 1 of 35 Regular Meeting January 22, 2019 Electric, Inc. for the Traffic Signal Improvements Citywide Phase 1 project. 16 - 19 (e) Professional Services Agreement with RH2 Engineering, Inc. for the 19053 - Road 52 & Pearl Street Lift Station Project To award the Professional Services Agreement with RH2 Engineering, Inc. for the 19053 - Road 52 & Pearl Street Lift Station Project, in the amount of $388,733 and, further authorize the City Manager to execute the contract documents. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 20 - 28 (a) Housekeeping Ordinances for Various Criminal Offenses MOTION 1: I move to adopt Ordinance No. 4417, 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” and further authorize publication by summary only. Page 2 of 35 Regular Meeting January 22, 2019 MOTION 2: I move to adopt Ordinance No. 4418, Creating PMC Section 9.40.030 “Emergency Response – Recovery of Costs" and further authorize publication by summary only. MOTION 3: I move to adopt Ordinance No. 4419, Amending PMC Section 9.15.070 “Reckless Endangerment” and further authorize publication by summary only. MOTION 4: I move to adopt Ordinance No. 4420, Amending PMC Section 9.115.070 “Computer Trespass Second Degree” and further authorize publication by summary only. 29 - 35 (b) Orcas Task Force Recommendations MOTION: I move to authorize the Mayor's signature on behalf of the Pasco City Council, on the attached letter expressing concerns with the Governor's $750,000 request for a study concerning breeching the Snake River dams. 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” REMINDERS: 1. Tuesday, January 22, 6:00 p.m., LEOFF Disability Board - City Hall Conference Room 1, Pasco City Hall (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER CRAIG MALONEY, Alt). 2. Wednesday, January 23, 7:30 a.m., Visit Tri-Cities Board Meeting – 7130 W. Grandridge Blvd., Kennewick (COUNCILMEMBER PETE SERRANO, Rep.; COUNCILMEMBER CRAIG MALONEY, Alt.). 3. Thursday, January 24, 4:00 p.m., TRIDEC Board Meeting – 7130 W. Grandridge Page 3 of 35 Regular Meeting January 22, 2019 Blvd., Kennewick (COUNCILMEMBER DAVID MILNE, Rep.; COUNCILMEMBER CRAIG MALONEY. 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 4 of 35 AGENDA REPORT FOR: City Council January 18, 2019 TO: Dave Zabell, City Manager Regular Meeting: 1/22/19 FROM: Daniela Erickson, City Clerk Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 1.07.19 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: To approve the minutes of the Pasco City Council Regular Meeting dated January 7, 2019. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 35 REGULAR MEETING MINUTES PASCO CITY COUNCIL JANUARY 7, 2019 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, Saul Martinez, and Matt Watkins. Excused: David Milne and Pete Serrano. Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Steve Worley, Public Works Director; Rick White, Community & Economic Development Director; Richa Sigdel, Finance Director; Zach Ratkai, Administrative & Community Services Director; Bob Metzger, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: Approval of Minutes To approve the minutes of the Pasco City Council Regular Meeting dated December 3, 2018 and Special Meeting dated December 21, 2018. Bills and Communications To approve claims in the total amount of $9,544,337.22($4,253,303.83 in Check Nos. 226126-226720; $652,783.74 in Electronic Transfer Nos. 822840-822897, 822900, 822902-822973, 822978, 822983-823073, 823098-823111; $46,124.01 in Check Nos. 52346-52383; $2,040,316.83 in Electronic Transfer Nos. 30128270-30129285; $2,551,808.81 in Electronic Transfer Nos. 540-552). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $308,451.34 and, of that amount, authorize $187,034.89 to be turned over for collection. MOTION: Mr. Maloney moved to approve the Consent Agenda as read. Mr. Martinez seconded. Approved by unanimous Roll Call Vote. PROCLAMATIONS AND ACKNOWLEDGEMENTS: Mr. Zabell introduced the new Executive Assistant, April Culwell, for the City Manager's Office. VISITORS - OTHER THAN AGENDA ITEMS: • Mr. David Morgan, Spokane, WA urged the Council to revisit Ordinance 4166 regarding prohibiting marijuana retail sales. • Mr. Eric Larsen, Licensed Retailer, requested the Council reconsider their moratorium on marijuana sales; four stores could be allowed in the City if it was lifted and maintaining the ban is bad policy. • Jeremy Larsen, Consultant, stated that people are going to Finley to get their marijuana and the ban deprives the City of revenues. Sales have been an unmitigated success in Washington State. Page 6 of 35 REGULAR MEETING MINUTES PASCO CITY COUNCIL JANUARY 7, 2019 • Gabriel Portugal, Road 52 - we have reduced our crime in Pasco and come a long way. We need to continue what we're doing and he stands by Council's decision. • Vic Epperly - here in regard to the Regional Public Facilities District. Urged Council to consider a capital project plan as the best mechanism to get an aquatic center and performing arts center. Need to change State Law. • Timothy Kot here on behalf of neighborhood and their concerns with a cell phone tower on top of a church in their area. They have health and lowered property value concerns. • Chris Acevedo is also part of this neighborhood, they came to an August Planning Commission Meeting when the cell tower issue was heard and the next one. However, they were not able to get help on how to appeal the decision. REPORTS FROM COMMITTEES AND/OR OFFICERS: Verbal Reports from Councilmembers • Mr. Martinez thanked emergency responders for their work over the holiday season. • Mr. Alvarado participated in the DPDA Christmas Tree Lighting ceremony. He was renominated to the Greater Columbia ACH Leadership Council & Board. Also, will be the incoming President of the Good Roads Association. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Federal Communication Commission 5G Preemption Council and staff discussed the proposed 5G Preemptions. MOTION: Mr. Maloney moved to adopt Ordinance No. 4412, creating PMC 3.07.105 “Franchise/Permit Fees and Rates,” Setting the Application Fees for Franchises, Small Cell Permits, Right-of-Way Use Permits, Make-Ready Fees, Annual Right-of-Way Occupancy Rates, and Annual Attachment Rates," and further authorization publication by summary only. Mr. Alvarado seconded. Motion carried unanimously. MOTION: Mr. Maloney moved to adopt Ordinance No. 4413, enacting PMC Section 15.10.025 “Supplemental Definitions” Applicable to Small Cell Towers and Micro Tower Deployment, " and further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. MOTION: Mr. Maloney moved to adopt Ordinance No. 4414, amending PMC Chapter 15.40 “Franchises”; Amending PMC 15.60 “Appeal of City Determination”; and Amending PMC 15.10.050 “Determination by City," and further, authorize publication by summary only. Ms. Barajas seconded. Motion carried unanimously. MOTION: Mr. Maloney moved to adopt Ordinance No. 4415, creating PMC Chapter 15.100 “Small Cell Tower Deployment Within the Public Right-of- Way,” and further, authorize publication by summary only. Mr. Alvarado seconded. Motion carried unanimously. MOTION: Mr. Maloney moved to adopt Ordinance No. 4416, creating PMC Chapter 15.110 “Small Cell Tower Deployment Outside the Public Right-of- Way,” and further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. Page 7 of 35 REGULAR MEETING MINUTES PASCO CITY COUNCIL JANUARY 7, 2019 NEW BUSINESS: Ex-officio Board Member-Regional Chamber of Commerce Council and staff discussed this item and an appointment will take place at a future meeting. Sale of City Properties on Lewis Street and Commercial Ave. MOTION: Mr. Maloney moved to approve Resolution No. 3882, approving the sale of certain real property on Lewis Street. Mr. Martinez seconded. Motion carried unanimously. MOTION: Mr. Maloney moved to approve Resolution No. 3883, approving the sale of certain real property on Commercial Ave. Ms. Barajas seconded. Motion carried unanimously. Bid Award - City Hall Remodel Phase 2 MOTION: Mr. Maloney moved to award the City Hall Remodel Phase 2 Project to Booth & Sons Construction Inc., in the amount of $1,170,000 and, further, authorize the City Manager to execute the contract documents. Ms. Barajas seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Zabell commented on the following items: • The upcoming CALEA Accreditation onsite assessment on January 21st followed by a meeting on January 22nd from 5:00 to 7:00 pm. • Licensing efforts are underway using PET DATA online. Business licenses can be obtained through the State website. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:40 p.m. for approximately twenty minutes to consider acquisition of real estate and establish sales price with the City Manager, Deputy City Manager and City Attorney. Mayor Watkins called the meeting back to order at 8:57 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:57 p.m. PASSED AND APPROVED this 22nd day of January 2019. APPROVED: ATTEST: Matt Watkins, Mayor Daniela Erickson, City Clerk Page 8 of 35 AGENDA REPORT FOR: City Council January 17, 2019 TO: Dave Zabell, City Manager Regular Meeting: 1/22/19 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 01.22.19 Bad Debt Write-off/Collection II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $4,486,865.90 ($3,710,254.03 in Checks Nos 226721-227052; $23,965.33 in Electronic Transfer Nos. 823213, 823270; $17,401.39 in Check Nos. 52384-52398; $735,245.15 in Electronic Transfer Nos. 30129286- 30129789). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $218,667.42 and, of that amount, authorize $125,466.88 to be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 9 of 35 REPORTING PERIOD: January 22, 2019 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 226721-227052 52384-52398 Total Check Amount $3,710,254.03 $17,401.39 Total Checks 3,727,655.42$ Electronic Transfer Numbers 823213 30129286-30129789 - 823270 Total EFT Amount $23,965.33 $735,245.15 $0.00 Total EFTs 759,210.48$ Grand Total 4,486,865.90$ Councilmember 1,672,770.62 24,159.77 0.00 7,482.54 6,487.47 10,204.61 0.00 4,499.18 42,700.03 5,596.42 9,101.10 13,965.33 1,438.38 24,950.27 0.00 30,810.24 0.00 678.95 0.00 0.00 40,498.53 0.00 0.00 300,413.48 1,045,904.83 38,526.95 13,579.39 0.00 418,246.84 0.00 0.00 0.00 774,850.97 GRAND TOTAL ALL FUNDS:4,486,865.90$ EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE OLD FIRE OPEB FLEX PAYROLL CLEARING STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET ARTERIAL STREET STREET OVERLAY City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager Richa Sigdel, Finance Director We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 22nd day of January, 2019 that the merchandise or services hereinafter specified have been received and are approved for payment: January 3 - 16, 2019 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council Page 10 of 35 BAD DEBT WRITE-OFF/COLLECTION December 1 – December 31, 2018 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $20.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct Write-off Referred to Collection Total Write-off Utility Billing $ 16.00 44.55 60.55 Ambulance $ 93,184.54 14,427.33 107,611.87 Court A/R $ .00 108,133.00 108,133.00 Code Enforcement $ .00 2,712.00 2,712.00 Cemetery $ .00 .00 .00 General $ .00 150.00 150.00 Miscellaneous $ .00 .00 .00 TOTAL: $ 93,200.54 125,466.88 218,667.42 Page 11 of 35 AGENDA REPORT FOR: City Council January 15, 2019 TO: Dave Zabell, City Manager Regular Meeting: 1/22/19 FROM: Steve Worley, Director 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. Page 12 of 35 The project scope for Phase 1 included five signalized intersections along Court Street 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: The work is now complete and staff recommends Council's acceptance of the project by approval of the resolution. This item was discussed at the January 14, 2019 Workshop. Page 13 of 35 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 14 of 35 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 15 of 35 AGENDA REPORT FOR: City Council January 15, 2019 TO: Dave Zabell, City Manager Regular Meeting: 1/22/19 FROM: Steve Worley, Director 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: MOTION: RH2 with Agreement Services Professional to award move I the Engineering, Inc. for the 19053 - Road 52 & Pearl Street Lift Station Project, in the amount of $388,733 and, further authorize the City Manager to execute the contract documents. III. FISCAL IMPACT: Agreement Total: Not to exceed $388,733.00 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. Page 16 of 35 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 approximately 660 acres, with 255 acres identified as having development or 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: Staff recommends approval of the Professional Services Agreement with RH2 Engineering, Inc. in the amount of $388,733.00. This item was discussed at the January 14, 2019 Workshop Meeting. Page 17 of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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 18 of 35 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 19 of 35 AGENDA REPORT FOR: City Council January 17, 2019 TO: Dave Zabell, City Manager Regular Meeting: 1/22/19 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Housekeeping Ordinances for Various Criminal Offenses I. REFERENCE(S): Proposed Ordinances Amending PMC on: "Marijuana Code Updates", "Emergency Response - Recovery of Costs", "Reckless Endangerment", and "Computer Trespass Second Degree". II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION 1: I move to adopt Ordinance No._____, 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 Consumpti on – Violation”; Amending “Penalties 9.45.080 PMC – Creating Minimums”; Mandatory PMC 9.45.085 “Medical Marijuana – Affirmative Defenses”; and Amending PMC 9.45.100 “Prohibited Conduct Within Drug-Free Zone” and further authorize publication by summary onl y. MOTION 2: I move to adopt Ordinance No. _____, Creating PMC Section 9.40.030 “Emergency Response – Recovery of Costs" and further authorize publication by summary only. MOTION 3: I move to adopt Ordinance No. _____, Amending PMC Section 9.15.070 “Reckless Endangerment” and further authorize publication by summary only. 4:MOTION Section PMC Amending No._____, Ordinance move to I adopt 9.115.070 “Computer Trespass Second Degree” and further authorize publication by summary only. III. FISCAL IMPACT: Page 20 of 35 N/A IV. HISTORY AND FACTS BRIEF: The City Attorney and City Prosecutor have noted several areas of the Pasco Municipal Code (PMC) where references are not aligned or where State laws have been amended resulting in the recommendation to revise portions of the City Code. A summary of the proposed ordinances is as follows: Marijuana Code Updates: This ordinance updates the PMC to be consistent with definitions and other provisions of Initiative 502, through which laws regarding marijuana possession have been changed. Emergency Response - Recovery of Costs: This ordinance imports State law authority for the City to potentially recover the expense of emergency response for an incident caused by a person's intoxication. Reckless Endangerment: The proposed ordinance revises the PMC definition of reckless endangerment to be consistent with State law (wherein State law has now defined a first degree offense as "drive-by shooting"). Computer Trespass Second Degree: This ordinance amends PMC to specify computer trespass in the second degree as a gross misdemeanor, consistent with State law. V. DISCUSSION: Staff recommends approval of the ordinances Page 21 of 35 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 22 of 35 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 23 of 35 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 24 of 35 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 25 of 35 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 26 of 35 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 27 of 35 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 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 – Recovery 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 28 of 35 AGENDA REPORT FOR: City Council January 15, 2019 TO: Dave Zabell, City Manager Regular Meeting: 1/22/19 FROM: Rick White, Director Community & Economic Development SUBJECT: Orcas Task Force Recommendations I. REFERENCE(S): Final Draft Letter to Governor Inslee II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to authorize the Mayor's signature on behalf of the Pasco City Council, on the attached letter expressing concerns with the Governor's $750,000 request for a study concerning breeching the Snake River dams. 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 social the of impacts and an associated the evaluation economic recommended removal along with the mitigation costs of Snake River dam removal. The Council heard a presentation on this issue at the January 14, 2019 Council Workshop and concurred with concerns expressed in the letter. V. DISCUSSION: The City's 2019 Legislative Agenda will also be revised to reflect Council's position on this issue, and as the legislative session unfolds, there will be additional opportunities for City Council to express opposition to the study - including adoption of resolutions, Page 29 of 35 conversations with our legislative delegation and directing our state lobbyists. Page 30 of 35 7130 West Grandridge Boulevard, Kennewick, WA 99336 • (509) 735-1000 January 28, 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 are 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 Page 31 of 35 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. 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 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. Page 32 of 35 7130 West Grandridge Boulevard, Kennewick, WA 99336 • (509) 735-1000 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 33 of 35 7130 West Grandridge Boulevard, Kennewick, WA 99336 • (509) 735-1000 Jean Ryckman, Port of Pasco, Commission President 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, Nikki Torres, President, West Richland Chamber of Commerce Tri-Cities Hispanic Chamber of Commerce _______________________________________ Deb Heintz, Executive Director, Prosser Economic Development Association Cc: WA State Senate Ways and Means:Other Legislators: Senator Christine Rolfes (D) District 23 Senator Mark Schoesler (R) District 9 Senator David Frockt (D) District 46 Senator Maureen Walsh (R) District 16 Senator Mark Mullet (D) District 5 Rep. Brad Klippert (R) District 8 Senator John Braun (R) District 20 Rep. Matt Boehnke (R) District 8 Senator Sharon Brown (R) District 8 Rep. Mary Dye (R) District 9 Senator Jim Honeyford (R) District 15 Rep. Joe Schmick (R) District 9 Rep. Bill Jenkin (R) District 16 WA State House Appropriations: Rep. Timm Ormsby (D) District 3 Rep. June Robinson (D) District 38 Rep. Steve Bergquist (D) District 11 Rep. Drew Stokesbary (R) District 31 Rep. Skyler Rude (R) District 16 Rep. Drew MacEwen (R) District 35 WA State House Capital Budget: Rep. Steve Tharinger (D) District 24 Rep. Beth Doglio (D) District 22 Rep. Strom Peterson (D) District 21 Rep. Richard DeBolt (R) District 20 Rep. Norma Smith (R) District 10 Rep. 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 Scott Hutsell, President, WA State Association of Counties Page 34 of 35 7130 West Grandridge Boulevard, Kennewick, WA 99336 • (509) 735-1000 Page 35 of 35