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2019.03.11 Council Workshop Packet
Workshop Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. March 11, 2019 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: 3 - 22 (a) Presentation - CALEA Assessment Presented by Robert Metzger, Police Chief 23 - 38 (b) Lewis Street Overpass Informational Report Presented by Mary Heather Ames, Senior Engineer 39 - 67 (c) 15005 - Comprehensive Water System Plan Adoption 68 - 69 (d) Presentation - Boulevard Maintenance Fund Presented by Zach Ratkai, Administrative & Community Services Director 70 - 72 (e) Authority to Sell Personal Property 73 - 109 (f) Homeless Temporary Shelters 5. MISCELLANEOUS COUNCIL DISCUSSION: 6. EXECUTIVE SESSION: 7. ADJOURNMENT. REMINDERS: 1. Monday, March 11, 11:45 a.m., Pasco Chamber of Commerce Membership Luncheon – Pasco Red Lion Hotel. 2. Thursday, March 14, 7:00 a.m., BFCG Tri-Mats Policy Advisory Committee Page 1 of 109 Workshop Meeting March 11, 2019 Meeting – Cousin's Restaurant, Pasco (COUNCILMEMBER RUBEN ALVARADO, Rep.; COUNCILMEMBER PETE SERRANO, Alt.). 3. Thursday, March 14, 7:00 p.m., Ben Franklin Transit Board Meeting – Transit Facility (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER RUBEN ALVARADO, Alt.). 4. Friday, March 15, 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 109 AGENDA REPORT FOR: City Council March 6, 2019 TO: Dave Zabell, City Manager Workshop Meeting: 3/11/19 FROM: Bob Metzger, Police Chief Police Department SUBJECT: Presentation - CALEA Assessment I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presented by Robert Metzger, Police Chief III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 3 of 109 Pasco Police Department CALEA Page 4 of 109 Presented by Bob Metzger Police Chief Page 5 of 109 The Gold Standard in Public Safety The Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA®), was created in 1979 as a credentialing authority through the joint efforts of law enforcement’s major executive associations. Page 6 of 109 The Gold Standard in Public Safety International Association of Chiefs of Police (IACP) National Organization of Black Law Enforcement Executives (NOBLE) National Sheriffs' Association (NSA) Police Executive Research Forum (PERF) Page 7 of 109 Benefits INCREASED COMMUNITY ADVOCACY Accreditation embodies the precepts of community-oriented policing. It creates a forum in which law enforcement agencies and citizens work together to prevent and control challenges confronting law enforcement and provides clear direction about community expectations. Page 8 of 109 Benefits STAUNCH SUPPORT FROM GOVERNMENT OFFICIALS Accreditation provides objective evidence of an agency’s commitment to excellence in leadership, resource management, and service-delivery. Thus, government officials are more confident in the agency’s ability to operate efficiently and meet community needs. Page 9 of 109 Benefits STRONGER DEFENSE AGAINST CIVIL LAWSUITS Accredited agencies are better able to defend themselves against civil lawsuits. Also, many agencies report a decline in legal actions against them, once they become accredited. Page 10 of 109 Benefits REDUCED RISK AND LIABILITY EXPOSURE Many agencies report a reduction in their liability insurance costs and/or reimbursement of accreditation fees. Page 11 of 109 Benefits GREATER ACCOUNTABILITY WITHIN THE AGENCY CALEA standards give the CEO a proven management system of written directives, sound training, clearly defined lines of authority, and routine reports that support decision-making and resource allocation. Page 12 of 109 Benefits Costs Initial Accreditation - $11,450 Covers Support, Mock and web based reviewers Initial Onsite - $5500 Covers cost of 4 days with 2 assessors Yearly fee - $4065 Covers ongoing costs to maintain the program. Very small amount considering the benefit. Accreditation Manager - $54,760/year (included in the approved biennial budget) Page 13 of 109 Pasco’s Process Began over 2 years ago after WASPC Accreditation Started with Self Assessment Used Policy Analyst as Accreditation Manager Applied to CALEA Assigned a mentor and joined the CALEA NW PAC Began reviewing and revising policies and procedures. Page 14 of 109 Pasco’s Process Worked through PowerDMS (software) Reviewed what standards would apply to the agency (360) Began working on Policies and Proofs. Once completed we had a Mock Assessment. Then a remote Web Based Assessment. Finally an On Site Assessment Page 15 of 109 Pasco’s Process Onsite Assessment Trained Assessors Review department in person to make sure compliant Public sessions Interviews with stakeholders Final report then goes to commission for approval Page 16 of 109 Pasco’s Process Terms: Standard – The written guidelines from CALEA Proof – Any items such as a written directive or policy or directive or memo etc., that “proves” the department is doing what they say they are doing. Assessor – An individual trained by CALEA. Usually someone who is from a CALEA agency and not from the same state as the department. Page 17 of 109 The Standards The standards are subject to ongoing review and revision. When modifications are recommended, they are presented to the Commission's Standards Review and Interpretation Committee (SRIC) for consideration. Standards, as set out by the Commission, are constructed with sensitivity to the number of full-time personnel employed by the agency as well as the agency’s mandated functional responsibilities. This strategy ensures agencies are accountable to relevant standards, which are also delineated into mandatory and other- than-mandatory categories. Page 18 of 109 Standard Example 1.1.2 Code of Ethics (LE1) A written directive requires all personnel to abide by a code or canon of ethics adopted by the agency and mandates that ethics training be conducted for all personnel, at a minimum, biannually. COMMENTARY: Sworn and non-sworn position dilemmas, temptations, responsibilities, and duties. The Canon of Ethics or Law Enforcement Code of Ethics published by the International Association of Chiefs of Police or the Code of Ethics of the Office of the Sheriff adopted by the National Sheriffs' Association, ICMA Code of Ethics, will satisfy partial intent of this standard. Adherence to those codes of ethics may be included as an element of the oath of office. Ethics review can be in the form of classroom, shift briefing, computer based training and bulletins, or any combination of methods as determined by the agency. Time sensitive standard. (M M M M) (LE1) Page 19 of 109 CALEA Forward After accreditation awarded Yearly review by CALEA (web based) New proofs needed each year Each month a review will be done of 1/12 of the standards Proofs added as needed during this review. Every 4 years Reaccreditation both web-based and on-site. Page 20 of 109 Pasco’s CALEA 1 of only 6 (we will be #7) state agencies that are CALEA accredited. Tacoma Bellevue Federal Way Clark County University of Washington WSP Page 21 of 109 CALEA Thank you for your support Questions? Page 22 of 109 AGENDA REPORT FOR: City Council January 28, 2019 TO: Dave Zabell, City Manager Workshop Meeting: 3/11/19 FROM: Steve Worley, Director Public Works SUBJECT: Lewis Street Overpass Informational Report I. REFERENCE(S): Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion Only Presentation by Mary Heather Ames, Senior Engineer III. FISCAL IMPACT: $4.8M City of Pasco $15M Connecting Washington Partnership $3.8M Federal Grant (past) $5.0M Transportation Improvement Board (pending) $3.4M Washington State Request (unsecured - legislative request submitted) $32 M Total IV. HISTORY AND FACTS BRIEF: The Lewis Street Overpass project has been underway since the early 2000's and will replace the underpass built in 1937 with a bridge across the BNSF Railway facilities between downtown Pasco and Oregon Avenue (SR397). In 2018, the City began a redesign to "right size" the bridge in keeping with its context and for constructability. The City's design consultant is working toward 90% plans using comments from the 60% review. Design will be complete in May, allowing for construction to follow this summer. The City recently submitted a $3.4 million funding request to state legislature to help cover the final gap in total project funding. Page 23 of 109 Moving forward, construction is anticipated to last approximately one and a half years, or two construction seasons. During that time, City staff and the contractor will work together with stakeholders to mitigate any impacts to the downtown. V. DISCUSSION: Update to City Council on Lewis Street Overpass project; public outreach, and design. Page 24 of 109 Pasco City Council Workshop Meeting March 11, 2019 Page 25 of 109 Lewis Street Overpass Update Page 26 of 109 Schedule and Funding Page 27 of 109 Schedule and Funding Funding Source Amount City of Pasco $4.8 M Connecting Washington Partnership $15 M Federal Grant (past)$3.8 M Transportation Improvement Board (not secured yet)$5.0 M Washington State Request (not secured)$3.4 M TOTAL $32 Million Page 28 of 109 Lewis Street Overpass Update •Public and Stakeholder input Page 29 of 109 Public and Stakeholder input •What they said… •Themes: Project Details, Construction, Circulation, Aesthetics •Our responses… •Responses for each comment have been compiled and placed on the website.Page 30 of 109 Coordination with Downtown Lewis Street Overpass Peanuts Park Lewis Street (future improvements) Providing a Re-Visioned Downtown GatewayPage 31 of 109 Downtown Vision: Create a Unique and Inviting Downtown Page 32 of 109 Downtown Aesthetics •Color •Lighting •Seating •Landscaping •Metal panels •Decorative Crosswalks Page 33 of 109 Lewis Street Overpass Aesthetics Page 34 of 109 Lewis Street Overpass Aesthetics Page 35 of 109 Lewis Street Overpass Aesthetics Page 36 of 109 Lewis Street Overpass •The Overpass design reflects the public visioning and standards for Downtown •Will provide a re-visioned Downtown Gateway!Page 37 of 109 Questions Page 38 of 109 AGENDA REPORT FOR: City Council February 19, 2019 TO: Dave Zabell, City Manager Workshop Meeting: 3/11/19 FROM: Steve Worley, Director Public Works SUBJECT: 15005 - Comprehensive Water System Plan Adoption I. REFERENCE(S): Proposed Resolution Comprehensive Water System Plan Update Presentation Comprehensive Water System Plan Executive Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: DISCUSSION III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: City staff and the professional consulting firm of MurraySmith have coordinated efforts to complete an update to the Comprehensive Water System Plan (CWSP) in accordance with Washington State Department of Health (DOH) guidelines and in compliance with WAC 246-290-100. This CWSP provides a comprehensive update to the City’s last CWSP developed in 2009 and amended in 2010. The Plan has been reviewed and approved by DOH and is ready for adoption by the City Council. In conjunction with this Plan update the City's existing Water Use Efficiency (WUE) program was updated through a public forum process, per WAC 246-290-830. V. DISCUSSION: This CWSP presents the methodology and key findings for each evaluation required to Page 39 of 109 understand capacity of the existing system, the projected demands for the established planning horizons, and the performance criteria that describe the need for new infrastructure or improvements. The CWSP includes the following elements: Population and Demand Projection, System Analysis, Water Use Efficiency, Operations and Maintenance, Capital Improvements Plan and Financial Analysis. Standard planning horizons defined by DOH for projected demand and system analysis are 6-year and 20-year periods. The document includes also a 10-year period, in accordance with the approval cycle established for this Plan. The Water System Improvement Plan (also referred as Capital Improvement Plan or CIP in DOH guidelines) is a 20-year plan and addresses additional supply capacity, new storage tanks and pipe improvements. The 20-year list of improvements includes 29 projects and 8 studies, with an estimated total implementation cost of $48 million. This information will be refined further and included as appropriate into the Annual CIP Update later this year. The CWSP will also be incorporated as part of the Comprehensive Land Use Plan. Page 40 of 109 City of Pasco COMPREHENSIVE WATER SYSTEM PLAN June 2018 Revised January 2019 Page 41 of 109 Executive Summary Page 42 of 109 15-1710.4084 Page ES-1 City of Pasco January 2019 Executive Summary Comprehensive Water System Plan EXECUTIVE SUMMARY ES.1 Introduction Located along the north shore of the Columbia River in Franklin County, the City of Pasco (City) is the major service center for the expanding agricultural industrial region of the Columbia Basin. This Comprehensive Water System Plan (CWSP) identifies the need for capital investment and summarizes those investments. The recommendations contained within this CWSP were developed to identify and address deficiencies within the supply, pumping, reservoir, and piping systems, with the ultimate goal of compliance with Washington Department of Health’s (WDOH) regulations. At the time of development of this CWSP, the City’s population (2014) is 66,577, however the City’s Water Utility currently provides water service to about 70,770 people, which includes areas outside the City limits within Franklin County. ES.1.1 How This Plan Should Be Used This CWSP guides future system improvements, and should: • Be reviewed annually to prioritize and budget improvement projects. • Be updated every 10 years to address current conditions as required by WDOH. • Have the system mapping and hydraulic model updated regularly to reflect ongoing development and construction. • Have its specific project recommendations regarded as conceptual. The location, size, and timing of projects may change as additional site-specific details and potential alternatives are investigated and analyzed in the preliminary engineering phase of project design. • Have its cost estimates updated and refined with preliminary engineering and final project designs. ES.1.2 Purpose This CWSP provides a comprehensive update to the City’s last CWSP developed in 2009 and amended in 2010. The planning period for this CWSP is 2022, 2027, and 2036. This CWSP presents the sources of information, methodology and key findings for each evaluation required to understand the hydraulics in the existing system, the expected growth, the projected demands in each planning horizon, and the performance criteria that dictate whether new infrastructure is required. The proposed Capital Improvement Plan (CIP) is based on a number of technical evaluations with valuable input from the City’s staff. This document describes and provides justification for each project in the CIP, including cost opinions and implementation timeframe. The Page 43 of 109 15-1710.4084 Page ES-2 City of Pasco January 2019 Executive Summary Comprehensive Water System Plan CWSP does not include an analysis of the City’s water treatment plants (WTP), however it does provide the quantity and timing of supply required from those sources and a recommendation to complete a facility plan for the Butterfield WTP. The information presented in this CWSP and overall planning effort is subject to the quality of data available at this time. ES.1.3 Scope of Work The City selected Murraysmith, Inc. (Murraysmith) to update the 2009 Comprehensive Water System Plan. The CWSP is meant to act as a working document and tool for justifying improvements to the water system, while demonstrating the system’s ability to meet WDOH requirements. The scope of work for this CWSP included the following major tasks: • Evaluate the system performance under existing, 2022, 2027, and 2036 planning horizon conditions. • Projections of annual average and peak water supply demands. • Identification of existing and future water supply capacity. • Development of a system-wide and comprehensive steady state water system model. • Assessment of current and future drinking water quality regulations. • Identification of current and projected deficiencies related to water supply, pumping, piping, and storage. • Identify areas of deficient flow or pressure in the system through the 20-year planning period. • Evaluation of fire flow availability under current and future conditions. • Identification of discrete system improvements to correct current and anticipated deficiencies. • Development of a comprehensive listing of proposed improvements. • Summary of the financial program. • Overview of the operations and maintenance program. ES.1.4 Organization of the CWSP This CWSP is organized into nine sections with an executive summary, as described in Table ES-1. Detailed technical information and support documents are included in the appendices. Page 44 of 109 15-1710.4084 Page ES-3 City of Pasco January 2019 Executive Summary Comprehensive Water System Plan Table ES-1 CWSP Organization Sections Description Executive Summary Purpose and scope of the CWSP and summary of key components of each part of the plan. 1 – Water System Descriptions Water system background with overview of the existing system, facilities, and other studies. 2 – Water Service Area and Planning Information Description of the service area and service area agreements, and policies. 3 – Population and Water Demand Population, customer, and water use projections to determine existing and future demands for each pressure zone. 4 – Water Supply Summary Description of existing supply capacity, water rights, and water quality. 5 – Design and Construction Standards Overview of system performance and design criteria. 6 – Water Distribution System Analysis Discussion of approach to identify existing and future deficiencies and improvements. 7 – Capital Improvement Program Improvement recommendations including cost opinions and timeframe for implementation. 8 – Financial Plan Discussion of current and planned annual budgets, including summary of the 2015 water rate study to fund future capital projects. 9 – Operations and Maintenance Program Describes current operations and maintenance procedures, summary of recommendations. ES.2 Existing Water System In 2017, the City’s water system inventory consisted of approximately 330 miles of piping, 6 booster stations, 3 reservoirs, 2 water treatment plants, and 20 pressure reducing valve (PRV) stations. Figure ES-1 shows the existing system map. Service is presently provided to customers at a minimum elevation of 340 feet to a maximum elevation of 525 feet. The water system is divided into 3 large pressure zones to serve the range in service area elevations. The existing sources of supply are summarized in Table ES-2. Table ES-2 Summary of Sources of Supply Source Maximum Supply Capacity (mgd) Comments Butterfield WTP 26.8 The “reliable” capacity of 30 mgd is limited from by contact time, which is a result of services on the transmission main. West Pasco WTP 6.0 Initial design capacity of 6 mgd – with ability to expand to 18 mgd. Total Supply Capacity 32.8 mgd Note: mgd – million gallons a day Page 45 of 109 çPTW çPTW UT UT UT [Ú [Ú [Ú [Ú "b "b "b "b "b "b "b "b "b"b "b "b "b "b "b "b "b "b "b "b Zone 2 Zone 1 Zone 3 Zone 2 -C Zone 2-B Zone 2-A Zone 1-A §¨¦I-182 £¤395£¤12 C O L U M B I A R .SNAKE R.YAKIMA R. Rd 36 Horizon Aintree Saratoga Hillsboro Chapelhill Burns/Dent Thistledown Rd 84/Argent Rd 84/Moline Rd 44/Desert Madison/Cook Adobe-Burden Desert/Plateau Mariola/Artesia Belmont/Saratoga Rd 100/Chapelhill Chapelhill/StJohn Foster Wells/Capitol DENT RD E A ST CLARK RD N 4TH AVEW COURT ST W A STROAD 68W SYLVESTER ST N RAI LROAD AVESANDIFUR PKWY W L E W IS S T E FOS TER WELLS RD ROAD 44ROAD 48ROAD 84ROAD 56BURDEN BLVD WERNETT RD ROAD 60HARRIS RD N 20TH AVEROAD 64ROAD 36IVY RD ROAD 96W A R G E N T R D E LEWIS ST N 14TH AVEPA S C O K AH LO TU S R DROAD 52ROAD 72ROAD 76E AINSWORTH AVE VOSS RD NCAPITOLAVEE CRANE STN COMMERCI AL AVEROAD 88N 24TH AVEGLADE NORTH RDROAD 68 NROAD 100W B ST ALD E R S O N R D W HENRY ST ROAD 34BLASDEL RDN 18TH AVEN 19TH AVEN OREGON AVEW PEARL ST PIEKARSKI RDE LEWIS PL IRIS LN KOHLER RDARGENT RD ROAD 36 NN ELM AVEDIETRICH RDCHAPEL HILL BLVD N 1ST AVEWRIGLEY DR S OREGON AVESACAJAW EA PARK RDE B CI RCBROADMOOR BLVDPOWERL INE RD LAREDO DR STEARMAN AVEROAD 90HILLTOP DR DRADIE ST ROAD 80I NDUSTRI AL WAYROAD 42 NS ROAD 40 ESHOREL I NERDST THOMAS DR E B ST WELSH DR YUMADRME S SARALN ROAD 54ROAD 42ROAD 108S9THAVECAPITOL AVEMIDLAND LNSALEM DR N 17TH AVEFOSTERW ELLSRD KINGAVEHU D S ONDRL I N C OL N D R MAPLE DR S E ROAD36E S U P E R IO R S T MEADOW VIE W D R N5THAVED ST WRIV E R S T COMMERCIALAVESANTA FEL N MADRONA AVEW PARK ST S E DONADRDESERET DR HOMER U NRDRICK Y RD ROAD 97BURLINGTONSTROAD 37N 10TH AVES 25TH AVERI CHVI EWDRMELVILLE RD ENZIAN FALL S D R E ADAMS ST LIVINGSTON RD ROAD 61PHEASANT LNMANZANITA LNT E R M I N A L D R S 2ND AVEW ARGENT R DROAD 84ARGENT RD ROAD60West Pasco WTP Butterfield WTP Rd 36 PS Broadmoor PS East Side PS Riverview Hights PS Rd 68 Tank Broadmoor Tank Riverview Hights Tank Legend "b PRV [Ú Pump Station UT Storage TankçPTWWater Treatment Plant Urban Growth Area Parcel River Pipe Diameter 6 inch and smaller 8 inch 10 and 12 inch Larger than 12 inch Pressure Zone Zone 1 Zone 1-A Zone 2 Zone 2-A Zone 2-B Zone 2-C Zone 3 C o m p r e h e n s i v e W a t e r S y s t e m P l a n U p d a t eCity o f P a s c o ©F i g u r e E S -1Existing S y s t e m a n dPressure Z o n e s 1 5 -1 7 1 0May 2 0 1 8 0 4,0002,000 Feet I:\BOI_Projects\15\1710 Pasco Comprehensive Water System Plan\GIS\MXD\REPORT FIGURES\ES\Fig_ES_1_ExistSystem_11x17.mxd 4/17/2018 4:57:24 PM Heather.PinaPage 46 of 109 15-1710.4084 Page ES-5 City of Pasco January 2019 Executive Summary Comprehensive Water System Plan ES.2.1 Irrigation System The City also owns and operates a non-potable water utility that provides irrigation water to residential customers and a limited number of commercial customers in the northwest part of the City. The irrigation system serves approximately 6,890 residential accounts and 39 commercial and public facility accounts. Providing a system for irrigation water separate from the drinking water utility allows the City’s customers to avoid using treated drinking water to irrigate. Where non-potable irrigation is available per customer potable water use is much lower on average as discussed in Section 3 - Population and Water Demand. ES.3 Water Service Area and Planning Information The City’s existing water service area is described in detail in Section 2 - Water Service Area and Planning Information. The current water system service area is approximately 19,160 acres. This includes acreage within the City limits and some unincorporated areas within Franklin County. The planning service area corresponds to the City’s 20-Year UGB (Urban Growth Boundary). The UGB was developed by the City through its Community Development Department, Planning Commission, and City Council with benefit of both citizen input and review, and has been approved by Franklin County. The planning service area is approximately 25,600 acres and is presented in Figure ES-2. Page 47 of 109 COLUMBIA R.SNAKE R.YAKIMA R.£¤12£¤395£¤395§¨¦I-182DENT RDE A STCLARK RDN 4TH AVEW COURT STW A STR O A D 6 8 W SYLVESTER STN R A I L R O A D A V E SANDIFUR PKWYW LEWIS STE FOSTER WELLS RDROAD 44ROAD 48ROAD 84ROAD 56BURDEN BLVDWERNETT RDROAD 60HARRIS RDN 20TH AVEROAD 64ROAD 36IVY RDROAD 96W ARGENT RDE LEWIS STN 14TH AVEROAD 52ROAD 72ROAD 76E AINSWORTH AVEPASCO KAHLOTUS RDVOSS RDNCAPITOLAVEN C O M M E R C I A L A V E ROAD 88N 24TH AVEG L A D E N O R T H R D R O A D 6 8 N ROAD 100E DOCK STW B STALDERSO N RDW HENRY STROAD 34BLASDEL RDN 18TH AVEN 19TH AVEN O R E G ON A V E W PEARL STE LEWIS PLIRIS LNKOHLER RDARGENT RDROAD 36 NN ELM AVEDIETRICH RDCHAPEL HILL BLVDN 1 S T A V E WRIGLEY DRS O R E G O N A V E SACAJAWEA PARK RDE B CIRCBROADMOOR BLVDPIMLICO DRPOWERLINE RDLAREDO DRS T E A R M A N A V E CONVENTION DRROAD 90HILLTOP DRDRADIE STROAD 80I N D U S T R I A L W A Y ROAD 42 NS ROAD 40 EPEARL STS ELM AVESHO R E L IN E R D E B STROAD 30N WEHE AVEWELSH DROLIVERDRFENWAY DRYUMA DRN CEDAR AVEROAD 54RICHARDSON RDROAD 57PIEKARSKI RDROAD 108CAPITOL AVEQUADRA DRKAUTRAILRDMIDLAND LNS CEDAR AVEFOSTERWELLSRDOCHOCO LN KING AVE HUDSOND R LINCOLN DRARTHUR L N MAPLE DRSEROAD36E SUPERIOR STMEADOWVIEWDRN 5TH AVED STROAD 39WRIVERSTC O MMERCIAL AVE ROAD 92N 13TH AVEROAD 62S 28TH AVEROAD 50SANTAFELN W PARK STDESERET DRHOMERUNRDW BELL STBURLINGTONSTR I C H V I E W D R ROAD 45FRONTAGE RDE ADAMS STADOBE DRSYRAHDRJUNEAU LNPHEASANT LNT E R M IN A L D R VALLEY VIEW PLS 2ND AVEROAD 80ROAD 60ROAD 84ROAD 56ROAD 68ROAD 68ROAD 52LegendExisting Service AreaPlanning Service Area*Urban Growth BoundaryCity LimitParcelRiverComprehensive Water System Plan UpdateCity of Pasco©Figure ES-2Planning Areas15-1710May 201804,0002,000 FeetI:\BOI_Projects\15\1710 Pasco Comprehensive Water System Plan\GIS\MXD\REPORT FIGURES\ES\Fig_ES_2_PlanningAreas_11x17.mxd 4/20/2018 12:19:39 PM Heather.Pina*The Planning Service Area aligns with theCity's Service Area and intended place of use of water rights.Page 48 of 109 15-1710.4084 Page ES-7 City of Pasco January 2019 Executive Summary Comprehensive Water System Plan ES.4 Population and Water Demand The City’s water system service area goes beyond the existing City limits, including unincorporated areas within the UGB. The 2014 population for the existing water service area was approximately 70,770. At this time, the City’s water system serves approximately 82 percent of the Franklin County population. The projected population for the 2036 City Water Service Area is 112,200, representing an increase of 70 percent from 2014. Table ES-3 shows the annual water production and average and maximum water usage for 2008-2014; this information was used to develop demands for system analysis. Table ES-3 City of Pasco Total Annual Water Usage Year Total Raw Water Produced (MG) Total Net Water (MG) 1 Average Water Usage (mgd) 2 Maximum Water Usage (mgd) 3 Maximum/Average Water Usage Peaking Factor 2008 4,227 4,215 11.5 24.8 2.1 2009 4,437 4,432 12.1 30.1 2.5 2010 4,350 4,338 11.9 25.3 2.1 2011 4,372 4,314 11.8 23.7 2.0 2012 5,131 5,061 13.9 23.8 1.7 2013 4,471 4,268 11.7 19.8 1.7 2014 4,598 4,416 12.1 20.2 1.7 Notes: 1 Total Net Water is the Total Raw Water minus the WTPs filter backwash 2 Based on Total Net Water 3 Based on City’s Water Monthly Data reports ES.4.1 Water Use Efficiency Program The City is committed to ensuring its water resources are used efficiently to maintain the community’s high quality of life for generations to come. In keeping with this commitment, the City’s Water Use Efficiency (WUE) program includes incentives that encourage wise water use and utilizes technologies and processes associated with City activities to improve water savings. ES.4.2 Future Demands System-wide future consumption projections were estimated as a part of the 2016 Regional Water Forecast and Conservation Plan (RWFCP). Future demands in the RWFCP were estimated using current patterns of water use and projected population. Table ES-4 presents the average and maximum day projections developed from the RWFCP. Page 49 of 109 15-1710.4084 Page ES-8 City of Pasco January 2019 Executive Summary Comprehensive Water System Plan Table ES-4 Future Water Supply Projections Year Description City of Pasco Water Service Area 2014 Water Service Population 70,770 Total Supply (gallons) 4,597,500,000 Total Supply (gpm) 8,747 Supply per Capita (gallons/yr) 64,964 ERUs1 29,707 2022 Water Service Population 82,500 Total Supply (gallons) 5,359,527,342 Total Supply (gpm) 10,197 Supply per Capita (gallons/yr) 64,964 ERUs1 34,631 2027 Water Service Population 93,775 Total Supply (gallons) 6,091,996,079 Total Supply (gpm) 11,591 Supply per Capita (gallons/yr) 64,964 ERUs1 39,364 2036 Water Service Population 112,200 Total Supply (gallons) 7,288,957,185 Total Supply (gpm) 13,868 Supply per Capita (gallons/yr) 64,964 ERUs1 47,098 Notes: Source: Regional Water Forecast and Conservation Plan Report, January 2016 1 Based on an existing ERU = 424 gallons per day per residential family unit; gpdpd=gallons per dwelling per day The key findings of the water use analysis (discussed in Section 3 – Population and Water Demand) are: • In 2022, the City’s water distribution system must have adequate capacity to serve a maximum day demand of 31.0 mgd, with a peak hour demand of 39.3 mgd, for a growth of 16 percent when compared to current demands (2015). For this planning horizon, the expected additional industrial demand is 0.6 mgd. • In 2027, the City’s water distribution system must have adequate capacity to serve a maximum day demand of 35.8 mgd, with a peak hour demand of 45.3 mgd, for a growth of 33 percent when compared to current demands (2015). For this planning horizon, the expected additional industrial demand is 1.0 mgd. • In 2036, the City’s water distribution system must have adequate capacity to serve a maximum day demand of 41.9 mgd, with a peak hour demand of 53.4 mgd, for a growth of 56 percent when compared to current demands (2015). For this planning horizon, the expected additional industrial demand is 3.1 mgd. Page 50 of 109 15-1710.4084 Page ES-9 City of Pasco January 2019 Executive Summary Comprehensive Water System Plan • Per-capita water usage and other indicators of water use in the system were evaluated on a system-wide level and do not include impacts from the separate irrigation system water use. Water usage developed is conservative since there is the potential that future potable demands may be lower. As recommended in ES.6 Capital Improvement Program a water demand study would help to improve future projections. ES.4.3 Water Rights Section 4 – Water Supply Summary presents the water rights evaluation for City of Pasco. The City currently holds surface water rights for 13,613.50 acre-ft of annual withdrawal and 20,149 gpm (29 mgd) of instantaneous withdrawal. The source for these rights is the Columbia River which are to be used for domestic potable purposes. The City also holds individual groundwater rights sourced by various wells for separate irrigation purposes. Water rights held by the City are anticipated to increase in the future pending the following: • Pending water rights transactions. • The outcome of applications for new water rights made to Ecology in 2011 and 2015. • Additional water rights available through subsequent distributions of water available under the regional Quad City Water Right (QCWR) permit. The QCWR permit identifies a total allocation of 178 cubic feet per second (cfs) (79,892 gpm) and 96,619 acre-feet, to be distributed amongst the Quad Cities (Pasco, Kennewick, Richland, and West Richland) in phases. • Additional future water rights acquisitions. ES.4.4 Water Quality and Protection The City’s complies with all drinking water regulations and has no water quality issues or violations. Both English and Spanish versions of the current Consumer Confidence Report which provides information on the water quality, are available on the City’s website. Section 4 – Water Supply Summary also presents the City of Pasco’s Watershed Control Program. ES.5 Water Distribution System Analysis The adequacy of the system’s various components was evaluated by comparing the existing capacity with the requirements dictated by the hydraulic criteria, for current and future demand conditions (2022 and 2036 planning horizons). The evaluation is subject to the low quality of data that is available at this time. Recommendations for the improvement data are defined in ES.6 Capital Improvement Program. The criteria are described in Section 5 – Design and Construction Standards. The hydraulic model was used to assess the system’s ability to convey flows under maximum day, peak hour, and fire flow conditions while maintaining minimum residual pressures. Additionally, supply, storage, and pumping capacity evaluations were performed to identify Page 51 of 109 15-1710.4084 Page ES-10 City of Pasco January 2019 Executive Summary Comprehensive Water System Plan the adequacy of those respective system components. The methodology and results of the system analysis are presented in Section 6 – Water Distribution System Analysis. Here are the main conclusions of the system analysis: • The results show that in general, the system has adequate capacity to provide for existing demands and to accommodate the 2022, 2027, and 2035 planning horizons. • The supply capacity evaluation shows that the system has enough “reliable” capacity as defined in Section 4 – Water Supply Summary to serve 2022 needs. The planned expansion of the West Pasco WTP will provide the additional supply (3.2 mgd and 9.0 mgd) that will be required by 2027 and 2036 respectively. • The storage capacity evaluation shows existing deficiencies in Zones 2 and 3 (combined deficiency of 5.8 MG). These deficiencies increase to 6.70 MG for 2022, 7.97 for 2027 and 9.05 MG for 2036. • The hydraulic analysis confirms the existing network is able to deliver water to meet peak hourly demand at the required pressure to customers, under existing and future conditions. • Fire flow availability was adequate in most of the system, with the exception of four locations under existing conditions and one location under future conditions. The associated improvement for these locations will be the upgrade or installation of short segments of pipe (less than 1,000 feet each). • The transmission system is adequate to serve existing and future needs, with only one deficiency on the 20-inch transmission line from West Pasco WTP to Broadmoor Pump Station during 2036 PHD conditions. • The City has partially developed infill areas with inadequate fire coverage and/or domestic water service area that have been identified. Specific improvements have not been defined at this time. As future infill development occurs the City will evaluate to determine required improvements required to improve fire flow and service. ES.6 Capital Improvement Program The results of these evaluations were used to develop improvement concepts for each deficient area. Once improvement strategies were defined, conceptual alignment/location, size, cost opinion and timeframe were determined for each project. This information is presented in Section 7 – Capital Improvement Program. Page 52 of 109 15-1710.4084 Page ES-11 City of Pasco January 2019 Executive Summary Comprehensive Water System Plan The following process was used to develop the capital improvement projects: • Improvements were sized to serve demands through 2036. • Pipe improvements utilize standard 8-, 12-, 16-, 20-, 24-, 30- and 36-inch diameters. No improvements under 8 inches in diameter were recommended. • Costs related to expanding the water treatment plant were developed by other consultants and provided by the City for inclusion in the CIP. The CIP includes 31 projects through 2036, of these 28 capital projects and six studies are recommended by 2027. Another three capital projects are recommended for the long-term (11-20 years). The total expected cost per project type and timeframe are summarized in Table ES-5. To serve the growth within the City’s planned future service area, concepts have been developed. The proposed future service area piping projects were developed with the intent of providing these areas with new pipes connecting to the existing system in different locations, creating loops to maintain redundancy and fire flow availability. Future service area projects are defined in Table ES-6, which provides an anticipated cost for expansion of the transmission system. The timing and funding of these projects is dependent on growth and development pressures with funding from the development community. Figure ES-3 presents the location of the proposed capital projects and the future service piping project concepts. The CWSP effort is an opportunity to improve and consolidate system information from different sources and to identify gaps or quality issues. Data quality or availability issues were identified throughout this CWSP; these include the following: • Limited pipe database with system connectivity as well as diameter, material, pressure zone, and age information. Continued development of water distribution pipe network geographical information system would allow the City to better management their water distribution system element information. • Characterization of the reduction in water demands for those customers that are served by separate irrigation coupled with spatial service meter demand information. Understanding of the location of use patterns will improve future demand projections and the results of future system evaluations. To aid the City in the development of the next CWSP, Table ES-7 summarizes the recommended data improvement studies and their cost. The cost ranges defined below are for planning purposes and will be further refined for each study as the City identifies the respective scopes of work. Page 53 of 109 çPTW çPTW UT UT UT [Ú [Ú [Ú [Ú [Ú UT UT çPTWçPTW çPTWCOLUMBIA R .SNAKE R.YAKIMA R. §¨¦I-182 £¤395£¤12 West Pasco WTP Butterfield WTP FP -0 18 FP-019 FP-029 FP-020FP-001 FP-023FP-026 FP-027FP-017FP-028FP-022FP-024FP-021FP-029FP-020FP-018FP-026FP-025S-003 S-002: Phase 2 S-001: Phase 1 DP-015 DP- 0 1 6 DP-007DP-004DP-006DP-009DP-005DP-012DP-013D P -0 0 3 DP-004DP-005DP-008 DP-002 D P -0 1 0 T-001 T-002 IP-005IP-002 IP-004 IP-003IP-001 DENT RD E A ST CLARK RD N 4TH AVEW COURT ST W A STROAD 68W SYLVESTER ST N RAI LROAD AVESANDIFUR PKWY W L E W IS S T E FOSTER WE LLS RD ROAD 44ROAD 48ROAD 84ROAD 56BURDEN BLVD WERNETT RD ROAD 60HARRIS RD N 20TH AVEROAD 64ROAD 36IVY RD ROAD 96W A R G E N T R D E LEWIS ST N 14TH AVEROAD 52PA S C O K AH LO TU S R D ROAD 72ROAD 76E AINSWORTH AVE W C L A R K S T NCAPITOLAVEE CRANE STN COMMERCI AL AVEROAD 88N 24TH AVEROAD 68 NGLADE NORTH RDROAD 100W B ST ALD E R S O N R D W HENRY ST ROAD 34BLASDEL RDN 19TH AVEN OREGON AVEW PEARL ST E LEWIS PL IRIS LN KOHLER RDARGENT RD PIEKARSKI RDROAD 36 NN ELM AVEDIETRICH RDCHAPEL HILL BLVD N 1ST AVEWRIGLEY DR SOREGONAVESACAJAW EA PARK RDE B CIRCBROADMOOR BLVDPIMLI C O D R N 3RD AVEPOWERL INE RD LAREDO DR S10THAVESTEARMAN AVEROAD 90HILLTOP DR DRADIE ST ROAD 80S 4TH AVEI NDUSTRI AL WAYROAD 42 NS ROAD 40 EPEARL ST S ELM AVESHORELINERDE B ST OLIVER DR YUMADRBYERS RDROAD 54ROAD 57ROAD 108CAPITOL AVEMIDLAND LNSALEM DR N 17TH AVEFOSTERW ELLSRD KINGAVEHUD S ONDRL I N C OL N D R MAPLE DR S E ROAD36E S U P E R IO R S T MEADOW VIE W D R N5THAVECHIAWANA PARK RD D STCOMMERCIALAVESANTAFELNMADRONA AVEW PARK ST HOMER U NRDW NIXON ST BURLINGTONSTN 10TH AVES 25TH AVEENZ IAN FALL S D R E ADAMS STAVION DRPHEASANT LNMANZANITA LNT E R M I N A L D R VALLEY VIEW PL JACOBS LN N 8TH AVEQUATSINO DR ROAD60ROAD 84Rd 36 PS Broadmoor PS East Side PS Riverview Hights PS Rd 68 Tank Broadmoor Tank Riverview Hights Tank LegendçPTWSupply Improvemen t UT Stora ge Impr ovement [Ú Pump Station Imp rove men t Proposed Pip ing CIP (IP) Previously Defin ed Pipin g CIP (DP) Fu ture S ervice P ipi ng Projects (FP) [Ú Pump Station UT Storage TankçPTWWater Tr eatment P lant Par cel River Pipe Diameter <=10 i nch 12-16 inch >16 inch Pressure Zone Zo ne 1 Zo ne 1 -A Zo ne 2 Zo ne 2 -A Zo ne 2 -B Zo ne 2 -C Zo ne 3 C o m p r e h e n s i v e W a t e r S y s t e m P l a n U p d a t eCity o f P a s c o ©F i g u r e E S -3Capital I m p r o v e m e n tProgram 1 5 -1 7 1 0May 2 0 1 8 0 3,000 Feet I:\BOI_Projects\15\1710 Pasco Comprehensive Water System Plan\GIS\MXD\REPORT FIGURES\ES\Fig_ES_3_CIP_11x17.mxd 5/3/2018 5:19:10 PM Heather.PinaP-003 AP-04AP-06 AP-03AP-05 Projects AP-08 and S-004 are not shown on this Figure. Page 54 of 109 15-1710.4084 Page ES-13 City of Pasco January 2019 Executive Summary Comprehensive Water System Plan Table ES-5 CIP Projects Project ID Type of Improvement Project Title Location Time Frame Cost AP-03 Supply CIP Butterfield Water Treatment Plant PLC and Control Upgrades Project #00039 Zone 1 2017-2018 $600,000 AP-04 Supply CIP Columbia Water Supply Project #11001 Zone 1 2017-2018 $8,705,000 AP-06 Supply CIP West Pasco Water Treatment Plant Backwash Ponds Project #16008 Zone 1 2017-2020 $2,226,000 S-005 Supply CIP Riverview Heights PS Backup Power Zone 1 2018 $380,000 S-004 Supply CIP ASR Feasibility Study System Wide 2019 $75,000 AP-05 Supply CIP Butterfield Water Treatment Plant Chlorine Safety Improvements City Project #17004 Zone 1 2019-2020 $325,000 S-003 Supply CIP Butterfield WTP Facility Plan Zone 1 2020 $300,000 S-001 Supply CIP West Pasco Water Treatment Plant Filter Expansion Phase 2 Zone 2 2024-2027 $1,350,001 S-002 Supply CIP West Pasco WTP Expansion - Phase 2 Zone 1 2035 $1,350,000 S-002- PS1 Supply CIP West Pasco WTP Expansion – Phase 2 – Pump Station Upgrade West Pasco WTP 2035 $910,000 T-001 Storage CIP New Storage Reservoir: 5.75 MG Project #00041 Zone 2 2020-2023 $11,700,000 T-002 Storage CIP New Storage Reservoir: 3.5 MG Zone 3 2035 $7,469,000 IP-005 Proposed Piping CIP Water Main Installation - Crescent - Chapel Hill Transmission Main Zone 1-3 2018-2019 $2,507,080 IP-001 Proposed Piping CIP Waterline Extension -Irving Street (West to Road 49) Project #00047 Zone 1 2022 $87,200 IP-003 Proposed Piping CIP Waterline Extension - W Court St to N 3rd St. Zone 1 2022 $30,000 IP-002 Proposed Piping CIP Waterline Extension - Riverhaven Street (Road 36 to Road 40) Project #00048 Zone 1 2023 $305,200 IP-004 Proposed Piping CIP Waterline Replacement - Along Empire Dr (West of N 5th Ave) Zone 2 2026 $327,000 DP-012 Previously Defined Piping CIP Waterline Extension - Schuman Lane (West from Road 96) Project #00040 Zone 1 2018 $ 80,000 DP-002 Previously Defined Piping CIP Waterline Replacement - Richardson Road (Road 92 to Road 96) Project #00043 Zone 1 2019 $460,000 AP-08 Previously Defined Piping CIP Automated Meter Reading Project #00050 System Wide 2019-2023 $4,750,000 Page 55 of 109 15-1710.4084 Page ES-14 City of Pasco January 2019 Executive Summary Comprehensive Water System Plan Project ID Type of Improvement PROJECT TITLE Location Time Frame Cost DP-005 Previously Defined Piping CIP Waterline Replacement - Road 60 (Pearl Street, Court Street, Agate Street, and 62nd Place) Project #00044 Zone 1 2020 $900,000 DP-007 Previously Defined Piping CIP Waterline Replacement - Road 76 (Wernett Road to Court Street) Project #00045 Zone 1 2020 $826,000 DP-010 Previously Defined Piping CIP Waterline Extension - Alton Street (Wehe Avenue to the alley west of Owen Street) Project #00046 Zone 2 2021 $153,000 DP-013 Previously Defined Piping CIP Waterline Extension - Road 103 (Maple Street to Willow Way) Project #00049 Zone 1 2023 $113,000 DP-003 Previously Defined Piping CIP Waterline Replacement - Star Lane (West of Road 97) Zone 1 2024 $113,000 DP-008 Previously Defined Piping CIP Waterline Replacement - Maple Road (Road 100 to Road 104) CP7.WT.2R.15.20 Zone 1 2024 $300,000 DP-009 Previously Defined Piping CIP Waterline Replacement - Road 88 (Franklin Road to Court Street) Zone 1 2024 $200,000 DP-006 Previously Defined Piping CIP Waterline Replacement - Road 80 (North along Agate Street) Zone 1 2025 $125,000 DP-004 Previously Defined Piping CIP Waterline Replacement - Road 84 (Court Street to Argent Road) Zone 2 2025-2026 $450,000 DP-015 Previously Defined Piping CIP Wernett Road Waterline CP7.WT.2A.14.01 Zone 1 2025-2026 $873,000 DP-016 Previously Defined Piping CIP East Airport Waterline (Port of Pasco) Zone 2 2026-2027 $895,000 Page 56 of 109 15-1710.4084 Page ES-15 City of Pasco January 2019 Executive Summary Comprehensive Water System Plan Table ES-6 Future Service Area Piping Projects Project ID Type of Improvement Project Title Location Time Frame Cost FP-001 Future Service Area Piping Projects Chapel Hill Boulevard Waterline (DNR Property) Zone 3 2018 $920,000 FP-024 Future Service Area Piping Projects Road 76 (DNR Property) Zone3 2024 $918,000 FP-025 Future Service Area Piping Projects I-182 Crossing (DNR Property) Zone 3 2025 $428,400 FP-017 Future Service Area Piping Projects Waterline Loop - Broadmoor Blvd. Zone 3 2026 $1,420,764 FP-019 Future Service Area Piping Projects Broadmoor to Road 52 Waterline Ext. Zone 3 2026-2027 $6,300,060 FP-021 Future Service Area Piping Projects Road 92 (Riverview Service) Zone 1 2027 $440,946 FP-029 Future Service Area Piping Projects Road 52 to N. Glade Rd Transmission Improvements Zone 3 2028 $4,925,000 FP-020 Future Service Area Piping Projects West Pasco Loop Zone 1 2028-2031 $7,645,178 FP-022 Future Service Area Piping Projects Road 68 (Riverview Service) Zone 1 2029 $1,054,000 FP-027 Future Service Area Piping Projects Pasco Kahlotus Rd. Pipe Improvements Zone 2 2029 $2,266,800 FP-026 Future Service Area Piping Projects WAST Property Loop Improvements Zone 2 2030 $3,132,300 FP-023 Future Service Area Piping Projects Road 52 (Riverview Service) Zone 1 2031 $1,640,160 FP-018 Future Service Area Piping Projects Road 100 Corridor North. Zone 1-3 2031-2034 $11,105,488 FP-028 Future Service Area Piping Projects Tank Farm Transmission Loop Improvements Zone 2 2034 $5,319,000 Note: It is anticipated that funding for these projects will be from the development community to aid in the implementation. The final configuration and phasing of water system improvement will depend on future growth and development needs. The timing and funding of these projects is also dependent on growth and development in the future service areas. Page 57 of 109 15-1710.4084 Page ES-16 City of Pasco January 2019 Executive Summary Comprehensive Water System Plan Table ES-7 Recommended Studies CIP ID Recommended Study Study Area Time Frame Cost O-001 Water System GIS Development System-wide 2019-2022 $50,000-$75,000 O-002 Hillsboro PRV Flow Study Local Study 2019-2022 $5,000-$10,000 O-003 Geocode Water Meters System-wide 2019-2022 $10,000-$20,000 O-004 Demand Study - Characterize Demand Patterns in each Pressure Zone and separate irrigation impacts System-wide 2019-2022 $25,000-$50,000 O-005 Audit of Authorized Unmetered Consumption System-wide 2019-2022 $50,000-$75,000 O-006 Additional Calibration (after pipe inventory validation) System-wide 2019-2022 $10,000-$20,000 ES.7 Financial Plan The cost to operate the City’s Water Utility is based on the following three main categories of expenditure, which are reviewed as part of the annual budgeting process: 1. Operations/maintenance/general administration/taxes; 2. Debt Service; 3. Capital Improvements. The results of the 2015 Rate Study identified that the current rate schedules were not adequate to fund the Water Utility for operations, capital and reserves and that a 5 percent yearly rate increase was required starting in 2016 through 2021. This rate increased was approved by the City Council on November 20, 2015, Ordinance 4252. Additionally, the revenue requirements summarized in Table 8-1, assume that there will be a 2.5 percent rate increase for 2022 and 0 percent for 2023-2027. A “Cost-of-Service” analysis was performed with the goal to maintain equity for the water and sewer utilities. A conservation based (inclining block) rate structure evaluation was completed for the City focusing on the single family residential class, since it represents 87 percent of the total City accounts. The current single family residential rate for the City is composed of a fixed meter charge differentiated by meter size and a uniform rate for all usage. The financial considerations are summarized in Section 8 – Financial Plan. ES.8 Operations and Maintenance Program Staff from the City’s Water Utility are responsible for the operation and maintenance of the treatment and distribution systems through the Water Treatment Plant Division and Water Distribution Division respectively. The Water Utility is structured and currently operated with 19 full-time equivalent employees (FTEs). The City maintains a Water Quality Page 58 of 109 15-1710.4084 Page ES-17 City of Pasco January 2019 Executive Summary Comprehensive Water System Plan Monitoring Program, Emergency Response Program, and Cross Connection Control Program to ensure a high-level service and safety to customers and staff. The review of staffing indicates that the City should at a minimum add 2 FTEs for the implementation of the uni-directional flushing program. The addition of 1 to 3 FTEs should be considered over the next 5 years based on system expansion. This includes West Pasco WTP upgrades to double capacity and require full time onsite staff and implementation of the meter AMI/AMR upgrade program. ES.9 Conclusion In general, the City’s main distribution and transmission system is adequate to provide required flows at adequate pressure under existing and future conditions. There are partially developed areas with inadequate fire service and/or domestic water service that need to be addressed as future infill development occurs. The treatment systems will need to be expanded to meet future peak demands which can be accommodated at the West Pasco WTP. The quality of the water is high without the need for additional treatment to address specific contaminants. The City does need to make an investment in the quality of their data in particular with respect to the continued development of a water system Geographic Information System (GIS). This information will be used to improve the quality of their hydraulic model in addition to tracking the age, material, size and condition of their piping. Improvements to the demand information relative to customer location, availability of non-potable irrigation, and peak usage should also be completed prior to future planning projects. Page 59 of 109 Pasco City Council Meeting March 11, 2019 Page 60 of 109 Comprehensive Water System Plan Update •Updates the 2010 CWSP •Planning Horizon 2036 •Per DOH guidelines •Required by WAC 246-290-100 Page 61 of 109 Existing System Infrastructure Page 62 of 109 System Evaluation for Planning Horizon •Treatment •Pump Stations •Water Quality •Storage •Transmission •Water Rights Page 63 of 109 Capital Improvement Plan •Additional supply capacity •New storage tank(s) •Pipe (Extensions, Replacement, and Upsizing) Includes 29 projects and 8 studies Estimated total CIP Implementation Cost = $48 Million Page 64 of 109 Recommended Projects Page 65 of 109 Pasco City Council Meeting March 11, 2019 Page 66 of 109 RESOLUTION NO. ______ A RESOLUTION adopting the Comprehensive Water System Plan as updated. WHEREAS, on February 7, 2011 the City adopted a Comprehensive Water System Plan by Resolution No. 3306; and WHEREAS, the City of Pasco is required to update the Comprehensive Water System Plan every six years to comply with the Washington State Department of Health (WSDOH) Regulations; and WHEREAS, the City has updated the February 7, 2011 Comprehensive Water System Plan; and has complied with all WSDOH Regulations; and WHEREAS, the City will forward the Resolution adopting the Comprehensive Water System Plan to the WSDOH for formal acceptance after the Council adopts it; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Comprehensive Water System Plan is hereby approved (as updated) by the City of Pasco. PASSED by the City Council of the City of Pasco at its regular meeting this 11th day of March, 2019. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: City Clerk Kerr Ferguson Law PLLC, City Attorney Page 67 of 109 AGENDA REPORT FOR: City Council March 7, 2019 TO: Dave Zabell, City Manager Workshop Meeting: 3/11/19 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Presentation - Boulevard Maintenance Fund I. REFERENCE(S): PMC Section 3.100 - Boulevard Perpetual Maintenance Fund II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: This fund has a beginning balance for 2019 of $2,311,220. The fund saw a negative Net Operating Impact of ($96,124) in 2018. IV. HISTORY AND FACTS BRIEF: The Boulevard Perpetual Maintenance Fund was established in 2005 in order to provide a funding mechanism for City-controlled maintenance of property along selected major roadways abutting selected subdivisions. This program is funded through one-time fees collected on new subdivision development as stipulated in Section 3.100 of the Pasco Municipal Code. The fund is growth-based, meaning that year-to-year revenue is subject to rate of residential growth, which is difficult to estimate and not a sustainable source for a continual maintenance fund. The original intent of the fund was that interest from the total fund balance would provide the funding for maintenance of the boulevard; however, the fund has a negative net operating impact. While the overall fund balance appears to be healthy, it could quickly be reduced when residential growth stabilizes and/or slows. V. DISCUSSION: It is staff's intention to discuss the establishment of this program, its current state of Page 68 of 109 funding, and projections for future growth and sustainability of the program in the coming years. Staff will be working to identify a selection of potential solutions by Summer of 2019, but wanted to utilize this workshop to give a history of the Boulevard Maintenance Fund and outline some future concerns. Page 69 of 109 AGENDA REPORT FOR: City Council March 6, 2019 TO: Dave Zabell, City Manager Workshop Meeting: 3/11/19 FROM: Steve Worley, Director Public Works SUBJECT: Authority to Sell Personal Property I. REFERENCE(S): Proposed Resolution Surplus List II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: DISCUSSION III. FISCAL IMPACT: The proceeds from the sale of surplus property will be deposited back into the accounts from which the items were originally purchased. IV. HISTORY AND FACTS BRIEF: The Municipal Code requires that the City Council approve the disposal of items, valued in excess of $10,000/item, in addition to the manner of disposal. The City has several items which are enumerated on the attached list that were used for various City related purposes. It has been determined that these items are no longer needed for City purposes. While some items may be valued at below the $10k threshold, staff suggests that the most reasonable thing to do is to have Council review the list and declare the items described in the attached Resolution as surplus property and authorize City staff to dispose or sell said surplus property at public auction for a price that is in the best interest of the City. V. DISCUSSION: Discussion Page 70 of 109 RESOLUTION NO. ___ A RESOLUTION of the City of Pasco, Washington, authorizing the sale of equipment and personal property, surplus to City needs. WHEREAS, RCW 35A.11.010 authorizes code cities to dispose of personal property for the common benefit; and WHEREAS, the Pasco Municipal Code Section 2.46.080 authorizes the City to sell surplus personal property not needed for public use; and WHEREAS, the City has determined that it has certain equipment and personal property items which are surplus to City needs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. The items listed on the attached, “Exhibit A,” are hereby declared to be surplus to City needs. Section 2. That the City Manager and/or his designee is hereby authorized to provide for the disposal of the items at public auction, or for scrap, as determined to be in the best interests of the City. Passed by City Council of the City of Pasco at a regular meeting this ______ day of March 2019. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Interim City Clerk Kerr Ferguson Law, City Attorney Page 71 of 109 Equip. #Make Model VIN/Serial#Odometer Plate #Item Description 4107 Chevrolet S-10 PU 237040 95000 12455D Pick-up 3128 Chevrolet S-10 PU 244361 109791 29727D Pick-up 4119 Ford F-600 60278 73550 09741D Heavy Truck 7732 Chevrolet C2500 E145212 122812 51111D Pick-up 3130 Chevrolet Ambulance 113195 95226 51205D Ambulance 21201 Ford Interceptor 204562 39978 55453D Police Vehicle Attachment JRB Broom N/A N/A Attachment Attachment Loftness Flail Mower N/A N/A Attachment Attachment G-30 Auger N/A N/A Attachment Attachment Sweepster Broom N/A N/A Attachment 4121 Toro 580D 30581-210000495 8084 N/A Mower 7709 Toro 224 30224-60274 1957 N/A Mower 4110 Toro 325D 30786-90185 3753 N/A Mower Attachment Toro Sweepster 9639023 N/A N/A Attachment Taylor Dunn Utility Cart N/A N/A Utility Vehicle Miles Electric UTV N/A N/A Electric Utility Vehicles Miles Electric UTV N/A N/A Electric Utility Vehicles Katolight 60kW Genset N/A N/A Stationary Generator 61 Lincoln Port. Welder N/A D0854 Portable Welder Unknown Generator N/A N/A Stationary Genset 7637 Ford Windstar BB63716 61569 19570D Police Vehicle 3120 Ford Ambulance HA1103 140657 38012D Ambulance 3116 Central States Fire Truck WZ19063 89600 26546D Pumper 3117 Ford Ambulance BB3987 136246 N/A Ambulance N/A Traffic Lights N/A N/A Traffic Signal Heads, used Attachment Bobcat Hoe Attachment N/A N/A Model 607 Hoe Attachment N/A Compressor N/A N/A Turbo Air Compressor N/A Compressor N/A N/A Turbo Air Compressor 21244 Ford Police SUV GB93083 26012 58205D Police Vehicle 21161 Ford Crown Vic AX129559 56292 51199D Police Vehicle 7738 Kubota RTV500 N/A N/A Utility Vehicle N/A Mowhawk TP15 A1G225 N/A 15,000# Vehicle Lift N/A Coats Tire Changer 1218 N/A N/A Tire change Machine N/A OTC Crusher 1877 N/A N/A Filter Crusher N/A Unknown Hydraulic Press OD281 N/A N/A Mechanics Press N/A Unknown Hose Reel N/A N/A Hydaulic fluid hose reel N/A Unknown Hose Reel N/A N/A Hydaulic fluid hose reel N/A Lincoln Welder 1222 N/A N/A Ideal Arc 250 Welder N/A Nexiq Prolink Plus N/A N/A Auto/Truck Scan Tool N/A OTC Monitor 4000 N/A N/A Auto/Truck Scan Tool N/A OTC Genysis N/A N/A Auto/Truck Scan Tool Page 72 of 109 AGENDA REPORT FOR: City Council March 6, 2019 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Workshop Meeting: 3/11/19 FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Homeless Temporary Shelters I. REFERENCE(S): Proposed Ordinance Planning Commission Packet Dated: 2/21/2019 Planning commission Minutes Dated: 1/17/2019 and 2/21/2019 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: On January 22, 2018 the City Council held a workshop to discuss homeless shelter provisions for religious organizations. City Council subsequently sent the item to the Planning Commission for review. Staff subsequently worked with the City Attorney's office over the space of several months to address concerns and to craft a useable and defensible ordinance. In November and December of 2018 the Planning Commission held Workshops to discuss the code amendment for temporary homeless shelters for religious organizations. Staff explained to the Planning Commission that court cases have clearly trended towards religious organizations being able to use their property for that purpose. In January of 2019 the Planning Commission held a public hearing to consider amending PMC Title 25 by creating a new Chapter 25.99 "Homeless Temporary Page 73 of 109 Shelters." Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to recommend approval of that code provision through the attached ordinance. V. DISCUSSION: Both state and federal law allow discretion to religious organizations that provide services for the homeless (including homeless shelters) and the needy as part of their core mission on property that is owned or controlled by them. In effect, this establishes a limited "preemption" of full local control of land use issues involving establishing and conducting homeless facilities or services. The proposed ordinance: • requires a Special Permit application; • focuses specific requirements of the shelter on health, safety, and general welfare of both site occupants and surrounding neighbors; • establishes a maximum timeframe for the duration of the temporary shelter; • addresses site security through photo ID requirements, simple background checks, of prohibition and conduct plans, codes alcohol, security of nonprescription drugs, weapons, violence and open fires. Both legal and municipal authorities recommend that communities prepare ordinances that detail the requirements for religious organizations that wish to sponsor homeless shelters before the community is faced with an immediate application for a shelter. Municipalities cannot necessarily deny religious organizations from establishing shelters, but they can be reasonably regulated. Staff the of discussion requests consideration Council proposed and ordinance establishing criteria for temporary homeless shelters for religious organizations. Page 74 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 1 ORDINANCE NO. ________ AN ORDINANCE of the City of Pasco, Washington Creating Chapter 25.99 “Homeless Temporary Shelters”. WHEREAS, RCW 35A.21.360 allows for religious organizations to host temporary shelters for the homeless on property owned or controlled by the religious organization whether within buildings located on the property or elsewhere on the property outside of buildings; and WHEREAS, the City wishes to establish a system that protects public health and safety and does not substantially burden the decisions or actions of a religious organization regarding the location of housing or shelter for homeless persons on property owned by the religious organization; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 25.99 of the Pasco Municipal Code entitled “Homeless Temporary Shelters” shall be and hereby is created and shall read as follows: Chapter 25.99 HOMELESS TEMPORARY SHELTERS Sections: 25.99.010 Purpose and Duty. 25.99.020 Definitions. 25.99.030 Special Permit Required – Who May Apply. 25.99.040 Application Procedures. 25.99.050 Requirements for Approval. 25.99.060 Process for Final Approval. 25.99.070 Requirements Upon Approval. 25.99.080 Fire, Safety, and Health. 25.99.090 Limitations. 25.99.100 Revocation. 25.99.110 Proof of Insurance. 25.99.120 Emergency Shelters. 25.99.130 Penalty for Violations. 25.99.140 Severability. 25.99.010 PURPOSE AND DUTY. The City recognizes the rights of religious organizations to exercise their religious liberties and understands that this religious exercise may include hosting those who are homeless or transient. It is the purpose of this Chapter to provide a standardized application process for a special permit for those religious organizations wishing to Page 75 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 2 host homeless persons. It is also the purpose of this Chapter to provide for standards that will protect the health, safety, and welfare of both the hosted residents and the public. Nothing in this Chapter is intended nor shall be construed to create or form the basis of liability on the part of the City or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City related in any manner to the interpretation or enforcement of this Chapter by its officers, employees, or agents. 25.99.020 DEFINITIONS. For the purposes of this Chapter, the following words and terms shall have the meaning ascribed to them by this section: A) “Approved shelter” means a car, tent, trailer, camper, or a structure approved by the Director or his/her appointee that is less than 100 square feet in total floor area and has no kitchen or plumbing facilities but may have electricity so long as the wiring has been inspected and approved by the appropriate governmental agency. B) “City” means the City of Pasco, Washington. C) “Department” means the City’s Community & Economic Development Department. D) “Director” means the Director of the City’s Community & Economic Development Department. E) “Entrance attendee” means an individual appointed by the managing agency that is at least eighteen years of age and at least one of the following: 1) A volunteer, agent, member, or employee of the managing agency; or 2) A permitted temporary shelter resident authorized by the managing agency to serve as the entrance attendee. (F) “Managing agency” means a religious organization applying for, hosting, and operating a permitted temporary shelter that owns or controls the site where the permitted temporary shelter is or will be situated. G) “Managing agency contact” means an individual appointed by the managing agency that is at least eighteen years of age and a volunteer, agent, member, or employee of the managing agency that serves as the contact person for the managing agency available twenty-four hours a day, seven days a week. The managing agency contact need not be a singular individual. H) “Occupancy registration” means a City-issued permit for the operation of a noncommercial use not otherwise regulated by Chapter 5.04 PMC. Page 76 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 3 I) “Permitted temporary shelter” means a temporary shelter operated by a managing agency that provides housing or shelter to homeless persons in compliance with the provisions of this Chapter. J) “PMC” means the Pasco Municipal Code; K) “Religious organization” means the federally-protected practice of a recognized religious assembly, school or institution that owns or controls the property upon which a permitted temporary shelter is located or proposed. L) “Site” means the property or part of the property where the permitted temporary shelter is or will be situated. M) “Special permit” means a special permit granted to a religious organization by the City’s Community & Economic Development Department to host and serve as the managing agency of a permitted temporary shelter. 25.99.030 SPECIAL PERMIT REQUIRED – WHO MAY APPLY. A) For-profit businesses otherwise regulated by Title 5 PMC are excluded from the provisions of this Chapter. B) It is unlawful for any person to erect, maintain, place, permit to be or remain in or upon any private lot, building, structure or premises in the City any temporary camp, encampment, shelter, or collection of shelters that allows for homeless or transient individuals to stay overnight without a valid special permit for a permitted temporary shelter granted by the City. This Subsection shall not apply to residents or visitors of any temporary camp, encampment, shelter, or collection of shelters unless they own or control the private lot, building, structure or premises where the temporary camp, encampment, shelter, or collection of shelters is situated or are a volunteer, agent, member, or employee of the person that owns or controls the private lot, building, structure, or premises. C) Special permits for a permitted temporary shelter shall be granted only to bona fide, tax-exempt religious organizations. 25.99.040 APPLICATION PROCEDURES. Each managing agency shall apply for a special permit under this section and shall certify compliance with all applicable requirements for approval and conditions of this Chapter and the application. A) As part of the special permit review process the managing agency shall submit an application to the Department containing the following information: 1) The name, street address, and telephone number of the managing agency; Page 77 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 4 2) The name, street address, and telephone number of the managing agency contact; 3) A site plan showing the proposed location, street address, dimensions, and layout of the proposed permitted temporary shelter; 4) The length of time the managing agency expects to operate the proposed permitted temporary shelter; 5) A signed and notarized statement from the owner of the Site stating that the managing agency lawfully owns or controls the site in a way that will endure for at least the expected operational time of the proposed permitted temporary shelter specified in the application; 6) The maximum number of residents proposed at the proposed permitted temporary shelter; 7) The dates the managing agency intends to begin and end operation of the proposed permitted temporary shelter; 8) A copy of the managing agency’s plan for reporting the period of time residents resided at the proposed permitted temporary shelter and when residents left the proposed permitted temporary shelter to live in permanent housing or other temporary housing; 9) A copy of the managing agency’s operations and security plan and a code of conduct that satisfies the requirements of PMC § 25.99.050(B); and (10) Proof of insurance that satisfies the requirements of PMC § 25.99.110. B) Other special conditions not present in Subsection (A) of this Section may be required of the managing agency as part of the special permit review process at the discretion of the Department. C) There shall be no fee required of an applicant qualified to apply for and receive a special permit for a permitted temporary shelter under this Chapter. D) In addition to the requirements for special permit review, the following additional procedures apply: 1) Occupancy Registration Required. Upon receipt of a special permit the managing agency shall obtain an occupancy registration pursuant to Chapter 5.07 PMC through the Department a minimum of fourteen days before the proposed date of establishment for the permitted temporary shelter. The Occupancy Registration shall be valid for a maximum of one hundred eighty (180) days. Page 78 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 5 2) Pasco School District #1 Notified. In addition to the notice requirements of Title 4 PMC, upon receipt of an application for a special permit for a permitted temporary shelter the Director shall send a copy of the application to the administrative offices of the Pasco School District #1 for its review and consideration. 3) Continuum of Care/Mental Health Providers Notified. In addition to the notice requirements of Title 4 PMC, upon receipt of an application for a special permit for a permitted temporary shelter the Director shall send a copy of the application to the administrative offices of the Pasco Continuum of Care and/or to mental health providers within the city of Pasco for review and consideration. 25.99.050 REQUIREMENTS FOR APPROVAL. The City may issue a temporary and revocable special permit for a permitted temporary shelter subject to the following criteria and requirements: A) Site Criteria. 1) Size. The property must be sufficient in size to accommodate the maximum number of residents and, for permitted temporary shelters not situated within a permanent structure, must have necessary on-site facilities, including but not limited to the following: (a) A food tent or building and host tent or building; (b) Sanitary toilets in the number required to meet capacity guidelines; (c) Hand washing facilities near the toilets and by any food areas; and (d) Refuse receptacles. (e) Verified service contracts for all temporary facilities for the duration of the temporary shelter 2) Water Source. The managing agency shall provide an adequate source of potable water to the permitted temporary shelter as approved by the City. 3) Sensitive Areas. No permitted temporary shelter shall be located within a sensitive or critical area or its buffer as defined in Title 28 PMC. 4) Limitation on Residents. For each permitted temporary shelter, the Department shall determine if the proposed maximum number of residents at the permitted temporary shelter is so great as to endanger public health and safety. In making this determination, the Department may consider the site’s size, location, structures, and any other relevant factors. 5) Parking. The site shall provide an adequate number of parking spaces for the number of vehicles used by permitted temporary shelter residents and staff. If the site has other uses besides the permitted temporary shelter, it shall be shown that the permitted temporary shelter will not create an undue shortage of required on-site parking for the other use or uses on the property. Page 79 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 6 6) Public Transportation. Whenever possible, the permitted temporary shelter should be located within one quarter mile of a bus stop with service seven days per week. If the permitted temporary shelter is not located within one quarter mile of a bus stop with service seven days per week, the managing agency shall demonstrate the ability for residents to obtain access to the nearest public transportation stop, such as carpools or shuttle buses. 7) Screening. The permitted temporary shelter shall be adequately buffered and screened to be sight-obscuring from adjacent rights-of-way and residential properties. Screening shall be a minimum height of six feet and may include, but is not limited to, a combination of fencing, landscaping, or the placement of the permitted temporary shelter behind buildings. The type of screening shall be approved by the City. 8) Privacy for Sanitary Facilities. All sanitary portable toilets shall be screened to be sight-obscuring from adjacent properties and rights-of-way. The type of screening shall be approved by the City and may include, but is not limited to, a combination of fencing and/or landscaping. 9) Distance Requirements to Sensitive Land Uses. No permitted temporary shelter shall be permitted within three hundred feet of a licensed child daycare facility or any public or private pre-school or elementary, middle, or high school. However, this prohibition may be waived by provisions contained in the special permit if the owner of such daycare or school states in a signed and notarized statement that he or she agrees to the placement of the permitted temporary shelter on that site. Any such statement must be submitted to the Department either with the application for a special permit or within seven calendar days of the application’s submission. 10) Approved Shelters. Except as provided in Subsection C of this Section, no permitted temporary shelter shall be permitted unless the managing agency plans to shelter residents in approved shelters provided by the managing agency, provided by the residents themselves, or otherwise provided for the residents. B) Security. 1) Operations and Security Plan. The managing agency shall demonstrate the capacity to implement the operations and security plan required by PMC § 25.99.040(A)(9). 2) Code of Conduct. The managing agency shall ensure that the permitted temporary shelter has a written, enforceable code of conduct which at a minimum prohibits alcohol, nonprescribed drugs, weapons, violence, and open fires. The code of conduct should also address other issues related to camp and neighborhood safety. The managing agency shall demonstrate the capacity to enforce the code of conduct. Page 80 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 7 3) In addition to the standards in this subsection, the managing agency may adopt and enforce additional code of conduct conditions not otherwise inconsistent with this section. C) Indoor Permitted Temporary Shelters. The special permit may allow for an indoors permitted temporary shelter inside a permanent building or structure subject to the following criteria and requirements: 1) Compliance with Building Codes. An indoor permitted temporary shelter shall comply with the requirements of the City’s building codes. However, pursuant to RCW § 19.27.042, the City’s Inspection Services Division shall have the authority to exempt code deficiencies, but in no event will it exempt code deficiencies constituting a clear and present, grave and immediate danger to public health or safety. 2) Building Criteria. The buildings proposed for use shall be of sufficient size to accommodate the residents and must have necessary on-site facilities, including but not limited to the following: (a) An adequate supply of potable water; (b) Sanitary toilets in the number required to meet capacity guidelines; (c) Hand washing facilities by the toilets and food areas; (d) Refuse receptacles; and (e) Kitchen facilities for food preparation. (3) All applicable health standards for providing and using facilities required under Subsection (C)(2) of this Section shall be satisfied as required by the City’s Inspection Services Division. 25.99.060 PROCESS FOR FINAL APPROVAL. Applications for a special permit for a homeless temporary shelter shall be processed pursuant to Title 4 PMC. 25.99.070 REQUIREMENTS UPON APPROVAL. A) Signed Agreement. All permitted temporary shelter residents must sign an agreement to abide by the code of conduct required by PMC § 25.99.050(B)(2). Failure to do so shall result in the noncompliant resident’s immediate and permanent expulsion from the permitted temporary shelter. The managing agency shall be responsible to enforce each agreement. (B) Log of Overnight Guests. The managing agency shall keep a digital log of all individuals who stay overnight in the permitted temporary shelter. The log shall include the name and date of birth of each individual, and the dates that the individual spent at the permitted Page 81 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 8 temporary shelter. The log must be kept reasonably up-to-date. The log shall be maintained by the managing agency for a minimum of six months after it was last revised and shall be made available to the City’s Police Chief and the Director upon request. C) Identification. The managing agency shall require verifiable photo identification documents of each and every individual who stays overnight in the permitted temporary shelter. Acceptable forms of photo identification documents for purposes of this section include a driver’s license, government-issued identification card, military identification document, or passport. If a verifiable photo identification document cannot be obtained, the individual must agree to be fingerprinted or the individual shall not otherwise be admitted to the camp. If the managing agency cannot obtain fingerprints from individuals, the City must either offer the services of the City’s Police Department to provide fingerprinting services at the site at no cost to the managing agency or issue the managing agency a waiver of the fingerprinting requirements of this subsection for each permitted temporary shelter. D) Simple Background Checks. The managing agency shall engage the City’s Police Department to use the verifiable photo identification document to check each individual who stays overnight in the permitted temporary shelter for outstanding in-state and out-of-state warrants and the individual’s potential registered sex offender status. The City must either offer the services of the City’s Police Department to provide these background check services at no cost to the managing agency or issue the managing agency a waiver of the background check requirements of this subsection for each permitted temporary shelter. 1) Outstanding Warrants. If any warrant check reveals an existing or outstanding warrant from any jurisdiction in the United States, the managing agency shall immediately report the finding to the City’s Police Department for the apprehension of the individual. 2) Sex Offender Status. If the sex offender status check reveals that the individual is a registered sex offender, the individual shall not be admitted to the permitted temporary shelter. E) Security. The managing agency shall ensure the permitted temporary shelter is secure and managed to strictly prohibit alcohol, prohibited drugs, weapons, fighting, abuse of any kind, littering, or other nuisances while located on the property. As necessary, the City’s Police Department shall be available to enforce state and local laws and ordinances. The managing agency may be billed for excessive use of City Police Department resources. F) Entrance/Host Tent or Building; Entrance Attendee. The managing agency shall ensure there is an entrance/host tent or building at the permitted temporary shelter that is staffed twenty-four hours a day and seven days a week by at least one entrance attendee. G) Managing Agency Contact. The managing agency contact shall serve on-call and be available for the entrance attendee twenty-four hours a day and seven days a week. The Page 82 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 9 managing agency contact shall be available to provide help and assistance to the entrance attendee as may be necessary to ensure the permitted temporary shelter functions properly. H) Enforcement. The entrance attendee staffing the entrance shall notify the managing agency contact as necessary in the enforcement of permitted temporary shelter rules and expectations, and/or the City’s Police Department as necessary to enforce local and state laws. The entrance attendee shall also serve as a point-of-contact for the City’s Police Department and will orient the department on how the managing agency accepts and processes potential residents. The names of the entrance attendee will be posted daily at the entrance/host tent or building. The City shall provide contact telephone numbers of nonemergency personnel which shall be posted at the entrance/host tent or building. I) Visitors. Visitors to the permitted temporary shelter must meet the following procedures and requirements: 1) The requirements that apply to individuals staying overnight in the permitted temporary shelter pursuant to Subsection (C) of this Section shall also apply to all visitors to the permitted temporary shelter. 2) Visitors shall be accompanied by the resident that invited the visitor while at the permitted temporary shelter. 3) Visitors shall be allowed to visit the permitted temporary shelter only between the hours of 9:00 a.m. and 10:00 p.m. After 10:00 p.m., all visitors must be evicted from the permitted temporary shelter. 4) Visitors may not stay overnight unless they receive permission from the managing agency and complete all requirements necessary to become a resident, including the requirements of Subsections (C) and (D) of this Section. 5) For purposes of this Section, the following shall not be considered visitors to the permitted temporary shelter: (a) Volunteers, agents, members, or employees of the managing agency rendering aid, care, assistance, security, or comfort to residents of the permitted temporary shelter; (b) Law enforcement personnel, including members of the City’s Police Department; (c) Emergency fire/medical personnel; (d) Entrance attendees; and (e) The managing agency contact. Page 83 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 10 J) Age Restrictions. Residents of the permitted temporary shelter must be at least eighteen years of age. No minors shall be permitted entrance to the permitted temporary shelter unless they are a relative of a resident of the permitted temporary shelter. Minors related to a resident may be admitted to the permitted temporary shelter as visitors pursuant to Subsection (I) of this Section. 25.99.080 FIRE, SAFETY, AND HEALTH. Permitted temporary shelters shall meet the following fire, safety, and health requirements: A) Fire Safety. The permitted temporary shelter shall conform to the following requirements: 1) Open Fires. No open fires shall be permitted within approved shelters or outside an approved fire pit or appliance. 2) Heating Appliances. No heating appliances shall be permitted within approved shelters. 3) Cooking. (a) The managing agency may allow for a common tent to provide community cooking facilities and services for the permitted temporary shelter. Common tents shall be approved by the managing agency and the Department. (b) No cooking appliances shall be permitted within approved shelters. 4) Fire Extinguishers. The managing agency shall provide an adequate number and appropriate rating of fire extinguishers at the permitted temporary shelter as approved by the Department or the City’s Fire Department. 5) Emergency Access. The managing agency shall ensure that adequate access for fire and emergency medical personnel and apparatuses is provided for at the permitted temporary shelter, as determined by the City’s Fire Marshal. 6) Shelter Separation. The managing agency shall ensure that there is an adequate distance between approved shelters and other structures, as determined by the City’s Fire Marshal. 7) Electrical Service. Any electrical service provided to the permitted temporary shelter shall be in accordance with City code. Any electrical cords used outdoors shall be approved for outdoor use. B) Health. The managing agency shall provide all necessary sanitary facilities, including temporary outhouses or portable toilets and facilities for hand-washing. All applicable Page 84 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 11 health standards for providing and using such facilities shall be satisfied as required by the Department. Facilities and staff shall be available to provide minor medical treatment to temporary shelter residents; excessive use of the city emergency medical services for non-emergent care will result in billing to the temporary shelter sponsor. Non-emergent care is defined as care that does not require transportation to the emergency room. C) Access for Inspections. The managing agency shall permit inspections by City staff to ensure compliance with the conditions of this permit. Inspections shall occur at reasonable times and may occur without prior notice. D) Approved Shelters. Residents of the permitted temporary shelter may reside only in approved shelters at the permitted temporary shelter. 25.99.090 LIMITATIONS. A) Duration. Permitted temporary shelters may be approved for a time period not to exceed one hundred eighty (180) days. B) Limitation. No other permitted temporary shelter, regardless of the managing agency, may occupy the same site as a previous homeless temporary shelter, whether it was permitted or unpermitted, until City staff has ensured that all residents of the previous temporary shelter and any temporary structures, tents, trailers, etc. have been completely vacated from the site. 25.99.100 REVOCATION. Upon determination that there has been a violation of any approval criteria or a condition of the special permit application or that the managing agency has failed to take action against a resident who violates the terms and conditions of the special permit, code of conduct, or has committed violence, the Director may give written notice to the managing agency describing the alleged violation. Within fourteen days of the mailing of the notice of violation, the managing agency shall show cause why the permit shall not be revoked. At the end of the fourteen-day period, the Director shall sustain or revoke the permit. When a special permit for a permitted temporary shelter is revoked, the Director shall notify the managing agency holding the permit by certified mail of the revocation and the findings upon which the revocation is based. Appeals of decisions to revoke a temporary permitted temporary shelter permit shall be to Franklin County Superior Court. 25.99.110 PROOF OF INSURANCE. A religious organization or managing agency shall show the City proof of general liability insurance with respect to a permitted temporary shelter with minimum limits of one million dollars per occurrence. The City shall not require a religious organization or managing agency to obtain insurance pertaining to the City’s liability with respect to permitted temporary shelters or otherwise require the religious organization or managing agency to indemnify the City against such liability. 25.99.120 EMERGENCY SHELTERS. The provisions of this Chapter shall not apply to emergency or cold weather shelters as defined in PMC 25.12.156 and permitted under the Page 85 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 12 provisions of PMC 25.86 where the screening of individuals to be temporarily housed in such shelters is conducted by a non-profit organization or a religious organization providing the emergency shelter. 25.99.130 PENALTY FOR VIOLATIONS. A) Every person who violates PMC 25.99.030(B) has committed a code infraction and shall pay a penalty not to exceed five hundred dollars per incident. B) Nothing in this Chapter shall be interpreted to prevent the applicability of Chapter 9.60 PMC (Public Nuisances) or Chapter 16.50 PMC (Unsafe and Unfit Buildings, Structures, and Premises) to homeless temporary shelters, either permitted or unpermitted. 25.99.140 SEVERABILITY. If any section, subsection, sentence, clause, phrase, or other portion of this chapter, or its application to any person, is for any reason declared invalid in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. 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: ______________________________ ___________________________________ City Clerk Kerr Ferguson Law Group, City Attorney Page 86 of 109 MEMORANDUM TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers DATE: THURSDAY, FEBRUARY 21, 2019 7:00 PM 1 TO: Planning Commission FROM: Jeffrey B. Adams, Associate Planner SUBJECT: Temporary Shelter (MF# CA 2019‐001) After many years of decline, homelessness in Washington is growing despite significant investment and efforts to reduce it over the last decade. Factors contributing to this rise include escalating housing costs, inadequate mental health and chemical dependency treatment systems, the opioid crisis, inadequate coordination of prevention efforts and levels of funding on the local, state and federal government levels. Contributing Factors Around 15% of all homeless adults were identified as survivors of domestic violence in a 2014 survey of 25 US cities. Abuse often leads the victim to seek shelter away from the abuser. Victims of abuse frequently lack resources to support themselves and sometimes end up homeless. Between 20% and 25% of the homeless population in the United States suffers from some form of severe mental illness according to the Substance Abuse and Mental Health Services Administration. Serious mental illnesses disrupt people’s ability to carry out essential aspects of daily life, such as self‐care and household management. Mental illnesses may also prevent people from forming and maintaining stable relationships or cause people to misinterpret others’ guidance and react irrationally. This often results in pushing away caregivers, family, and friends who may be the force keeping that person from becoming homeless. Roughly 32% of individuals experiencing homelessness suffer from addiction to drugs and alcohol—a figure approximately 20% higher than reported abuse of alcohol and illicit drugs by the general population. Communities and Homelessness Homelessness is a regional issue that is not confined to any particular city or county and is an issue that presents complex difficulties. Solving this issue is next to impossible by any single provider of government services. The cost of homelessness to taxpayers is significant in terms of increased police calls, emergency room visits and locally‐funded homeless services. There are also indirect costs resulting from homeless services on public perception when those services are provided in business districts. Legal Issues Here in Washington State ‐ many communities have experienced la nd use conflicts with homeless services and revitalization efforts ‐ including neighboring communities here in our area. In March of 2017, City Council adopted an ordinance prohibiting unauthorized camping subject to the Page 87 of 109 2 availability of alternative accommodations ‐however this prohibition applies only to parks and other public locations. Both state and federal law allow discretion to religious organizations that provide services for the homeless (including homeless shelters) and the needy as part of their core mission on property that is owned or controlled by them. In effect ‐ this establishes a limited "pre‐emption" of full local control of land use issues involving establishing and conducting homeless facilities or services. Both legal and municipal authorities recommend that communities prepare ordinances that detail the requirements for religious organizations that wish to sponsor homeless shelters or encampments ‐ before the community is faced with an immediate application for a shelter. Municipalities cannot necessarily deny religious organizations from establishing shelters or encampments, but they can be reasonably regulated. The regulations would be driven by conformance with state and local law that protect public interest, health and safety. Possible Solutions In researching municipalities that have established standards for regulating such facilities a potential land use ordinance could include at least the following provisions relating to such shelters or encampments: limiting the siting of such facilities on property owned or controlled by the religious organization; requirement to meet appropriate setbacks, buffering and other standards; limiting such facilities to specific zoning districts; limiting the maximum number of residents; requiring a minimum age for residents, e.g. eighteen; establishing a code of conduct to include prohibitions on illegal drugs, alcohol, weapons, loitering and other behaviors; conformance with state and local standards relating to drinking water, human and solid waste disposal, electric systems and fire systems; the conduct of appropriate background and identification checks (ie; sex offenders and outstanding warrants) by the religious organization; conformance to a minimum distance between other shelters or encampments; conformance with a maximum time period for the duration of a shelter or encampment‐ including a separation period between such time periods; and irrevocable permission for the City to abate the use and reimbursement for those costs if the shelter or encampment is noncompliant with conditions of the ordinance or permit. Page 88 of 109 3 Preliminary Findings 1. Homelessness in Washington is growing. 2. Factors contributing to the rise in homelessness include but are not limited to the following: a. Escalating housing costs b. Inadequate mental health treatment systems c. Inadequate chemical dependency treatment systems d. The opioid crisis e. Inadequate coordination of prevention efforts, and f. Inadequate levels of funding on the local, state and federal government levels. 3. Around 15% of all homeless adults were identified as survivors of domestic violence. 4. Abuse often leads the victim to seek shelter away from the abuser. 5. Victims of abuse frequently lack resources to support themselves and sometimes end up homeless. 6. Between 20% and 25% of the homeless population in the United States suffers from some form of severe mental illness. 7. Serious mental illnesses disrupt people’s ability to carry out essential aspects of daily life, such as self‐care and household management. 8. Mental illnesses may also prevent people from forming and maintaining stable relationships or cause people to misinterpret others’ guidance and react irrationally. This often results in pushing away caregivers, family, and friends who may be the force keeping that person from becoming homeless. 9. Roughly 32% of individuals experiencing homelessness suffer from addiction to drugs and alcohol. 10. The cost of homelessness to taxpayers is significant in terms of a. increased police calls, b. emergency room visits and c. locally‐funded homeless services. 11. Homeless services provided in business districts affect public perception. 12. Many neighboring communities have experienced land use conflicts with homeless services and revitalization efforts 13. In March of 2017 City Council adopted an ordinance prohibiting unauthorized camping subject to the availability of alternative accommodations 14. The City of Pasco ordinance prohibiting unauthorized camping applies only to parks and other public locations. 15. Both state and federal law allow discretion to religious organizations that provide services for the homeless (including homeless shelters) and the needy as part of their core mission on property that is owned or controlled by them. 16. These state and federal laws establish a limited de facto "pre‐emption" of full local control of land use issues involving establishing and conducting homeless facilities or services. Page 89 of 109 4 17. Legal and municipal authorities recommend that communities prepare ordinances that detail the requirements for religious organizations that wish to sponsor homeless shelters or encampments before the community is faced with an immediate application for a shelter. 18. Municipalities cannot necessarily deny religious organizations from establishing shelters or encampments, but they can be reasonably regulated. 19. The regulations must be driven by conformance with state and local law that protect public interest, health and safety. Staff recommends an ordinance (as per attached), permitting homeless uses via Hearing Examiner Special Permit review process. RECOMMENDATION MOTION: I move the Planning Commission adopt the findings of fact as contained in the February 21, 2019 staff memo regarding Temporary Shelters. MOTION: I move the Planning Commission recommend the City Council adopt the proposed code amendments regarding Temporary Shelters as attached to the February 21, 2019 staff memo to the Planning Commission. Page 90 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 1 ORDINANCE NO. ________ AN ORDINANCE of the City of Pasco, Washington Creating Chapter 25.99 “Homeless Temporary Shelters” WHEREAS, RCW 35A.21.360 allows for religious organizations to host temporary shelters for the homeless on property owned or controlled by the religious organization whether within buildings located on the property or elsewhere on the property outside of buildings; and WHEREAS, the City wishes to establish a system that protects public health and safety and does not substantially burden the decisions or actions of a religious organization regarding the location of housing or shelter for homeless persons on property owned by the religious organization; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 25.99 of the Pasco Municipal Code entitled “Homeless Temporary Shelters” shall be and hereby is created and shall read as follows: Chapter 25.99 HOMELESS TEMPORARY SHELTERS Sections: 25.99.010 Purpose and Duty. 25.99.020 Definitions. 25.99.030 Special Permit Required – Who May Apply. 25.99.040 Application Procedures. 25.99.050 Requirements for Approval. 25.99.060 Process for Final Approval. 25.99.070 Requirements Upon Approval. 25.99.080 Fire, Safety, and Health. 25.99.090 Limitations. 25.99.100 Revocation. 25.99.110 Proof of Insurance. 25.99.120 Emergency Shelters. 25.99.130 Penalty for Violations. 25.99.140 Severability. 25.99.010 PURPOSE AND DUTY. The City recognizes the rights of religious organizations to exercise their religious liberties and understands that this religious exercise may include hosting those who are homeless or transient. It is the purpose of this Chapter to provide Page 91 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 2 a standardized application process for a special permit for those religious organizations wishing to host homeless persons. It is also the purpose of this Chapter to provide for standards that will protect the health, safety, and welfare of both the hosted residents and the public. Nothing in this Chapter is intended nor shall be construed to create or form the basis of liability on the part of the City or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City related in any manner to the interpretation or enforcement of this Chapter by its officers, employees, or agents. 25.99.020 DEFINITIONS. For the purposes of this Chapter, the following words and terms shall have the meaning ascribed to them by this section: A) “Approved shelter” means a car, tent, trailer, camper, or a structure approved by the Director or his/her appointee that is less than 100 square feet in total floor area and has no kitchen or plumbing facilities but may have electricity so long as the wiring has been inspected and approved by the appropriate governmental agency. B) “City” means the City of Pasco, Washington. C) “Department” means the City’s Community & Economic Development Department. D) “Director” means the Director of the City’s Community & Economic Development Department. E) “Entrance attendee” means an individual appointed by the managing agency that is at least eighteen years of age and at least one of the following: 1) A volunteer, agent, member, or employee of the managing agency; or 2) A permitted temporary shelter resident authorized by the managing agency to serve as the entrance attendee. (F) “Managing agency” means a religious organization applying for, hosting, and operating a permitted temporary shelter that owns or controls the site where the permitted temporary shelter is or will be situated. G) “Managing agency contact” means an individual appointed by the managing agency that is at least eighteen years of age and a volunteer, agent, member, or employee of the managing agency that serves as the contact person for the managing agency available twenty‐ four hours a day, seven days a week. The managing agency contact need not be a singular individual. Page 92 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 3 H) “Occupancy registration” means a City‐issued permit for the operation of a noncommercial use not otherwise regulated by Chapter 5.04 PMC. I) “Permitted temporary shelter” means a temporary shelter operated by a managing agency that provides housing or shelter to homeless persons in compliance with the provisions of this Chapter. J) “PMC” means the Pasco Municipal Code; K) “Religious organization” means the federally‐protected practice of a recognized religious assembly, school or institution that owns or controls the property upon which a permitted temporary shelter is located or proposed. L) “Site” means the property or part of the property where the permitted temporary shelter is or will be situated. M) “Special permit” means a special permit granted to a religious organization by the City’s Community & Economic Development Department to host and serve as the managing agency of a permitted temporary shelter. 25.99.030 SPECIAL PERMIT REQUIRED – WHO MAY APPLY. A) For‐profit businesses otherwise regulated by Title 5 PMC are excluded from the provisions of this Chapter. B) It is unlawful for any person to erect, maintain, place, permit to be or remain in or upon any private lot, building, structure or premises in the City any temporary camp, encampment, shelter, or collection of shelters that allows for homeless or transient individuals to stay overnight without a valid special permit for a permitted temporary shelter granted by the City. This Subsection shall not apply to residents or visitors of any temporary camp, encampment, shelter, or collection of shelters unless they own or control the private lot, building, structure or premises where the temporary camp, encampment, shelter, or collection of shelters is situated or are a volunteer, agent, member, or employee of the person that owns or controls the private lot, building, structure, or premises. C) Special permits for a permitted temporary shelter shall be granted only to bona fide, tax‐exempt religious organizations. 25.99.040 APPLICATION PROCEDURES. Each managing agency shall apply for a special permit under this section and shall certify compliance with all applicable requirements for approval and conditions of this Chapter and the application. Page 93 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 4 A) As part of the special permit review process the managing agency shall submit an application to the Department containing the following information: 1) The name, street address, and telephone number of the managing agency; 2) The name, street address, and telephone number of the managing agency contact; 3) A site plan showing the proposed location, street address, dimensions, and layout of the proposed permitted temporary shelter; 4) The length of time the managing agency expects to operate the proposed permitted temporary shelter; 5) A signed and notarized statement from the owner of the Site stating that the managing agency lawfully owns or controls the site in a way that will endure for at least the expected operational time of the proposed permitted temporary shelter specified in the application; 6) The maximum number of residents proposed at the proposed permitted temporary shelter; 7) The dates the managing agency intends to begin and end operation of the proposed permitted temporary shelter; 8) A copy of the managing agency’s plan for reporting the period of time residents resided at the proposed permitted temporary shelter and when residents left the proposed permitted temporary shelter to live in permanent housing or other temporary housing; 9) A copy of the managing agency’s operations and security plan and a code of conduct that satisfies the requirements of PMC § 25.99.050(B); and (10) Proof of insurance that satisfies the requirements of PMC § 25.99.110. B) Other special conditions not present in Subsection (A) of this Section may be required of the managing agency as part of the special permit review process at the discretion of the Department. C) There shall be no fee required of an applicant qualified to apply for and receive a special permit for a permitted temporary shelter under this Chapter. Page 94 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 5 D) In addition to the requirements for special permit review, the following additional procedures apply: 1) Occupancy Registration Required. Upon receipt of a special permit the managing agency shall obtain an occupancy registration pursuant to Chapter 5.07 PMC through the Department a minimum of fourteen days before the proposed date of establishment for the permitted temporary shelter. The Occupancy Registration shall be valid for a maximum of one hundred eighty (180) days. 2) Pasco School District #1 Notified. In addition to the notice requirements of Title 4 PMC, upon receipt of an application for a special permit for a permitted temporary shelter the Director shall send a copy of the application to the administrative offices of the Pasco School District #1 for its review and consideration. 3) Continuum of Care/Mental Health Providers Notified. In addition to the notice requirements of Title 4 PMC, upon receipt of an application for a special permit for a permitted temporary shelter the Director shall send a copy of the application to the administrative offices of the Pasco Continuum of Care and/or to mental health providers within the city of Pasco for review and consideration. 25.99.050 REQUIREMENTS FOR APPROVAL. The City may issue a temporary and revocable special permit for a permitted temporary shelter subject to the following criteria and requirements: A) Site Criteria. 1) Size. The property must be sufficient in size to accommodate the maximum number of residents and, for permitted temporary shelters not situated within a permanent structure, must have necessary on‐site facilities, including but not limited to the following: (a) A food tent or building and host tent or building; (b) Sanitary toilets in the number required to meet capacity guidelines; (c) Hand washing facilities near the toilets and by any food areas; and (d) Refuse receptacles. (e) Verified service contracts for all temporary facilities for the duration of the temporary shelter 2) Water Source. The managing agency shall provide an adequate source of potable water to the permitted temporary shelter as approved by the City. 3) Sensitive Areas. No permitted temporary shelter shall be located within a sensitive or critical area or its buffer as defined in Title 28 PMC. Page 95 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 6 4) Limitation on Residents. For each permitted temporary shelter, the Department shall determine if the proposed maximum number of residents at the permitted temporary shelter is so great as to endanger public health and safety. In making this determination, the Department may consider the site’s size, location, structures, and any other relevant factors. 5) Parking. The site shall provide an adequate number of parking spaces for the number of vehicles used by permitted temporary shelter residents and staff. If the site has other uses besides the permitted temporary shelter, it shall be shown that the permitted temporary shelter will not create an undue shortage of required on‐site parking for the other use or uses on the property. 6) Public Transportation. Whenever possible, the permitted temporary shelter should be located within one quarter mile of a bus stop with service seven days per week. If the permitted temporary shelter is not located within one quarter mile of a bus stop with service seven days per week, the managing agency shall demonstrate the ability for residents to obtain access to the nearest public transportation stop, such as carpools or shuttle buses. 7) Screening. The permitted temporary shelter shall be adequately buffered and screened to be sight‐obscuring from adjacent rights‐of‐way and residential properties. Screening shall be a minimum height of six feet and may include, but is not limited to, a combination of fencing, landscaping, or the placement of the permitted temporary shelter behind buildings. The type of screening shall be approved by the City. 8) Privacy for Sanitary Facilities. All sanitary portable toilets shall be screened to be sight‐obscuring from adjacent properties and rights‐of‐way. The type of screening shall be approved by the City and may include, but is not limited to, a combination of fencing and/or landscaping. 9) Distance Requirements to Sensitive Land Uses. No permitted temporary shelter shall be permitted within three hundred feet of a licensed child daycare facility or any public or private pre‐school or elementary, middle, or high school. However, this prohibition may be waived by provisions contained in the special permit if the owner of such daycare or school states in a signed and notarized statement that he or she agrees to the placement of the permitted temporary shelter on that site. Any such statement must be submitted to the Department either with the application for a special permit or within seven calendar days of the application’s submission. 10) Approved Shelters. Except as provided in Subsection C of this Section, no permitted temporary shelter shall be permitted unless the managing agency plans to shelter residents in approved shelters provided by the managing agency, provided by the residents themselves, or otherwise provided for the residents. Page 96 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 7 B) Security. 1) Operations and Security Plan. The managing agency shall demonstrate the capacity to implement the operations and security plan required by PMC § 25.99.040(A)(9). 2) Code of Conduct. The managing agency shall ensure that the permitted temporary shelter has a written, enforceable code of conduct which at a minimum prohibits alcohol, nonprescribed drugs, weapons, violence, and open fires. The code of conduct should also address other issues related to camp and neighborhood safety. The managing agency shall demonstrate the capacity to enforce the code of conduct. 3) In addition to the standards in this subsection, the managing agency may adopt and enforce additional code of conduct conditions not otherwise inconsistent with this section. C) Indoor Permitted Temporary Shelters. The special permit may allow for an indoors permitted temporary shelter inside a permanent building or structure subject to the following criteria and requirements: 1) Compliance with Building Codes. An indoor permitted temporary shelter shall comply with the requirements of the City’s building codes. However, pursuant to RCW § 19.27.042, the City’s Inspection Services Division shall have the authority to exempt code deficiencies, but in no event will it exempt code deficiencies constituting a clear and present, grave and immediate danger to public health or safety. 2) Building Criteria. The buildings proposed for use shall be of sufficient size to accommodate the residents and must have necessary on‐site facilities, including but not limited to the following: (a) An adequate supply of potable water; (b) Sanitary toilets in the number required to meet capacity guidelines; (c) Hand washing facilities by the toilets and food areas; (d) Refuse receptacles; and (e) Kitchen facilities for food preparation. Page 97 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 8 (3) All applicable health standards for providing and using facilities required under Subsection (C)(2) of this Section shall be satisfied as required by the City’s Inspection Services Division. 25.99.060 PROCESS FOR FINAL APPROVAL. Applications for a special permit for a homeless temporary shelter shall be processed pursuant to Title 4 PMC. 25.99.070 REQUIREMENTS UPON APPROVAL. A) Signed Agreement. All permitted temporary shelter residents must sign an agreement to abide by the code of conduct required by PMC § 25.99.050(B)(2). Failure to do so shall result in the noncompliant resident’s immediate and permanent expulsion from the permitted temporary shelter. The managing agency shall be responsible to enforce each agreement. (B) Log of Overnight Guests. The managing agency shall keep a digital log of all individuals who stay overnight in the permitted temporary shelter. The log shall include the name and date of birth of each individual, and the dates that the individual spent at the permitted temporary shelter. The log must be kept reasonably up‐to‐date. The log shall be maintained by the managing agency for a minimum of six months after it was last revised and shall be made available to the City’s Police Chief and the Director upon request. C) Identification. The managing agency shall require verifiable photo identification documents of each and every individual who stays overnight in the permitted temporary shelter. Acceptable forms of photo identification documents for purposes of this section include a driver’s license, government‐issued identification card, military identification document, or passport. If a verifiable photo identification document cannot be obtained, the individual must agree to be fingerprinted or the individual shall not otherwise be admitted to the camp. If the managing agency cannot obtain fingerprints from individuals, the City must either offer the services of the City’s Police Department to provide fingerprinting services at the site at no cost to the managing agency or issue the managing agency a waiver of the fingerprinting requirements of this subsection for each permitted temporary shelter. D) Simple Background Checks. The managing agency shall engage the City’s Police Department to use the verifiable photo identification document to check each individual who stays overnight in the permitted temporary shelter for outstanding in‐state and out‐of‐state warrants and the individual’s potential registered sex offender status. The City must either offer the services of the City’s Police Department to provide these background check services at no cost to the managing agency or issue the managing agency a waiver of the background check requirements of this subsection for each permitted temporary shelter. 1) Outstanding Warrants. If any warrant check reveals an existing or outstanding warrant from any jurisdiction in the United States, the managing agency shall Page 98 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 9 immediately report the finding to the City’s Police Department for the apprehension of the individual. 2) Sex Offender Status. If the sex offender status check reveals that the individual is a registered sex offender, the individual shall not be admitted to the permitted temporary shelter. E) Security. The managing agency shall ensure the permitted temporary shelter is secure and managed to strictly prohibit alcohol, prohibited drugs, weapons, fighting, abuse of any kind, littering, or other nuisances while located on the property. As necessary, the City’s Police Department shall be available to enforce state and local laws and ordinances. The managing agency may be billed for excessive use of City Police Department resources. F) Entrance/Host Tent or Building; Entrance Attendee. The managing agency shall ensure there is an entrance/host tent or building at the permitted temporary shelter that is staffed twenty‐four hours a day and seven days a week by at least one entrance attendee. G) Managing Agency Contact. The managing agency contact shall serve on‐call and be available for the entrance attendee twenty‐four hours a day and seven days a week. The managing agency contact shall be available to provide help and assistance to the entrance attendee as may be necessary to ensure the permitted temporary shelter functions properly. H) Enforcement. The entrance attendee staffing the entrance shall notify the managing agency contact as necessary in the enforcement of permitted temporary shelter rules and expectations, and/or the City’s Police Department as necessary to enforce local and state laws. The entrance attendee shall also serve as a point‐of‐contact for the City’s Police Department and will orient the department on how the managing agency accepts and processes potential residents. The names of the entrance attendee will be posted daily at the entrance/host tent or building. The City shall provide contact telephone numbers of nonemergency personnel which shall be posted at the entrance/host tent or building. I) Visitors. Visitors to the permitted temporary shelter must meet the following procedures and requirements: 1) The requirements that apply to individuals staying overnight in the permitted temporary shelter pursuant to Subsection (C) of this Section shall also apply to all visitors to the permitted temporary shelter. 2) Visitors shall be accompanied by the resident that invited the visitor while at the permitted temporary shelter. Page 99 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 10 3) Visitors shall be allowed to visit the permitted temporary shelter only between the hours of 9:00 a.m. and 10:00 p.m. After 10:00 p.m., all visitors must be evicted from the permitted temporary shelter. 4) Visitors may not stay overnight unless they receive permission from the managing agency and complete all requirements necessary to become a resident, including the requirements of Subsections (C) and (D) of this Section. 5) For purposes of this Section, the following shall not be considered visitors to the permitted temporary shelter: (a) Volunteers, agents, members, or employees of the managing agency rendering aid, care, assistance, security, or comfort to residents of the permitted temporary shelter; (b) Law enforcement personnel, including members of the City’s Police Department; (c) Emergency fire/medical personnel; (d) Entrance attendees; and (e) The managing agency contact. J) Age Restrictions. Residents of the permitted temporary shelter must be at least eighteen years of age. No minors shall be permitted entrance to the permitted temporary shelter unless they are a relative of a resident of the permitted temporary shelter. Minors related to a resident may be admitted to the permitted temporary shelter as visitors pursuant to Subsection (I) of this Section. 25.99.080 FIRE, SAFETY, AND HEALTH. Permitted temporary shelters shall meet the following fire, safety, and health requirements: A) Fire Safety. The permitted temporary shelter shall conform to the following requirements: 1) Open Fires. No open fires shall be permitted within approved shelters or outside an approved fire pit or appliance. 2) Heating Appliances. No heating appliances shall be permitted within approved shelters. 3) Cooking. Page 100 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 11 (a) The managing agency may allow for a common tent to provide community cooking facilities and services for the permitted temporary shelter. Common tents shall be approved by the managing agency and the Department. (b) No cooking appliances shall be permitted within approved shelters. 4) Fire Extinguishers. The managing agency shall provide an adequate number and appropriate rating of fire extinguishers at the permitted temporary shelter as approved by the Department or the City’s Fire Department. 5) Emergency Access. The managing agency shall ensure that adequate access for fire and emergency medical personnel and apparatuses is provided for at the permitted temporary shelter, as determined by the City’s Fire Marshal. 6) Shelter Separation. The managing agency shall ensure that there is an adequate distance between approved shelters and other structures, as determined by the City’s Fire Marshal. 7) Electrical Service. Any electrical service provided to the permitted temporary shelter shall be in accordance with City code. Any electrical cords used outdoors shall be approved for outdoor use. B) Health. The managing agency shall provide all necessary sanitary facilities, including temporary outhouses or portable toilets and facilities for hand‐washing. All applicable health standards for providing and using such facilities shall be satisfied as required by the Department. Facilities and staff shall be available to provide minor medical treatment to temporary shelter residents; excessive use of the city emergency medical services for non‐ emergent care will result in billing to the temporary shelter sponsor. Non‐emergent care is defined as care that does not require transportation to the emergency room. C) Access for Inspections. The managing agency shall permit inspections by City staff to ensure compliance with the conditions of this permit. Inspections shall occur at reasonable times and may occur without prior notice. D) Approved Shelters. Residents of the permitted temporary shelter may reside only in approved shelters at the permitted temporary shelter. 25.99.090 LIMITATIONS. A) Duration. Permitted temporary shelters may be approved for a time period not to exceed one hundred eighty (180) days. Page 101 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 12 B) Limitation. No other permitted temporary shelter, regardless of the managing agency, may occupy the same site as a previous homeless temporary shelter, whether it was permitted or unpermitted, until City staff has ensured that all residents of the previous temporary shelter and any temporary structures, tents, trailers, etc. have been completely vacated from the site. 25.99.100 REVOCATION. Upon determination that there has been a violation of any approval criteria or a condition of the special permit applicat ion or that the managing agency has failed to take action against a resident who violates the terms and conditions of the special permit, code of conduct, or has committed violence, the Director may give written notice to the managing agency describing the alleged violation. Within fourteen days of the mailing of the notice of violation, the managing agency shall show cause why the permit shall not be revoked. At the end of the fourteen‐day period, the Director shall sustain or revoke the permit. When a special permit for a permitted temporary shelter is revoked, the Director shall notify the managing agency holding the permit by certified mail of the revocation and the findings upon which the revocation is based. Appeals of decisions to revoke a temporary permitted temporary shelter permit shall be to Franklin County Superior Court. 25.99.110 PROOF OF INSURANCE. A religious organization or managing agency shall show the City proof of general liability insurance with respect to a permitted temporary shelter with minimum limits of one million dollars per occurrence. The City shall not require a religious organization or managing agency to obtain insurance pertaining to the City’s liability with respect to permitted temporary shelters or otherwise require the religious organization or managing agency to indemnify the City against such liability. 25.99.120 EMERGENCY SHELTERS. The provisions of this Chapter shall not apply to emergency or cold weather shelters as defined in PMC 25.12.156 and permitted under the provisions of PMC 25.86 where the screening of individuals to be temporarily housed in such shelters is conducted by a non‐profit organization or a religious organization providing the emergency shelter. 25.99.130 PENALTY FOR VIOLATIONS. A) Every person who violates PMC 25.99.030(B) has committed a code infraction and shall pay a penalty not to exceed five hundred dollars per incident. B) Nothing in this Chapter shall be interpreted to prevent the applicability of Chapter 9.60 PMC (Public Nuisances) or Chapter 16.50 PMC (Unsafe and Unfit Buildings, Structures, and Premises) to homeless temporary shelters, either permitted or unpermitted. 25.99.140 SEVERABILITY. If any section, subsection, sentence, clause, phrase, or other portion of this chapter, or its application to any person, is for any reason declared invalid Page 102 of 109 Ordinance Creating Chapter 25.99 Homeless Encampments - 13 in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. 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 APPROVED AS TO FORM: ___________________________________ ATTEST: _____________________________ City Clerk Leland B. Kerr, City Attorney Page 103 of 109 Codes of Conduct for Homeless Encampments If your agency has made the decision to allow a homeless encampment to remain on public land, even temporarily, but you are not entering into a formal lease agreement with a third party (e.g., a nonprofit agency) to manage the camp, consider working with the camp residents early on to establish camp codes of conduct. This allows your agency to exert some control over who is in the encampment, what activities take place, and how the site will be maintained. Setting these rules also helps establish clear expectations, both of your agency and of the camp residents, and clear consequences and enforcement procedures if those expectations are not met. Finally, developing codes of conduct with camp residents can also help to build trust and respect between parties, which is very important to ensuring smooth and productive future interactions. Potential Elements to Consider in Developing a Homeless Encampment Code of Conduct • Presence of drugs or alcohol • Presence of weapons • Presence of residents with criminal history (what kind of background is okay, what is not) • Presence of children (particularly if sex offenders are allowed to live in the camp) • Presence of pets (Remember to allow assistance animals) • Loitering in surrounding areas • Open flames • Quiet hours • Participation in site maintenance »» Security shifts »» Number of volunteer hours required per month • Participation in camp governance »» Attendance at weekly meetings • Check‐ins: Periodic meetings with social service providers or other city or agency representatives to demonstrate that they are searching for work or permanent shelter • How new residents are admitted »» Vote by existing camp residents Page 104 of 109 Homeless Shelter Code of Conduct Examples TC3 – Code of Conduct—All Tent City 3 residents must adhere to the camp’s Code of Conduct: 1) No alcohol or drugs are permitted; sobriety is a must 2) No weapons are allowed 3) No men in women’s tents/no women in men’s tents 4) No loitering in the surrounding neighborhood 5) Quiet time imposed from 9 pm to 8 am 6) No open flames are permitted 7) No violence or crime is tolerated 8) Cooperation and participation in camp maintenance is expected Dignity Village‐‐ 5 Basic Rules: 1) No violence to yourself or others. 2) No theft 3) No alcohol, illegal drugs, or drug paraphernalia on‐site or within a 1‐block radius 4) No constant disruptive behavior 5) Everyone must contribute to the operation and maintenance of the Village. Everyone must do a minimum of 10 hours “sweat” equity a week. 6) Everyone must pay the required insurance fee of $35.00 by the 5th day of every month. SHARE/WHEEL Tent City—Code of conduct We, the people of share/wheel, in order to keep a more harmonious community, ask that you observe the following code of conduct: 1) Share/wheel’s tent city is a drug and alcohol free Zone. Those caught drinking or using drugs will be Asked to leave. Sobriety is required. 2) No weapons are allowed. Knives over 3‐1/2 inches must be checked in. 3) Any violence will not be tolerated. Please attempt to resolve any conflict in a creative and peaceful manner. 4) Degrading ethnic, racist, sexist or homophobic Remarks are not acceptable. No physical punishment, verbal abuse or intimidation Will be tolerated. 5) We are a community. Please respect the rights and privacy of your fellow citizens. 6) No men in the women’s tents. No women in the men’s tents. No open flames. No loitering or disturbing neighbors. No trespassing. 7) Attendance of at least one of the several community Meetings held through the week is required. Days and times will be posted so that you may work it into your schedule. 8) If these rules are not respected and enforced Tent City may be permanently closed. Page 105 of 109 MINUTES PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers THURSDAY, JANUARY 17, 2019 7:00 PM Planning Commission Meeting Page 1 January 17, 2019 PUBLIC HEARINGS: C. Code Amendment Temporary Shelters (MF# CA 2018-001) Chairperson Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the proposed code amendment for temporary shelters. This code amendment is the result of the State who recognizes religious organizations, if part of their core religious mission, have the ability to provide temporary homeless shelters on property they own or control. Currently in Pasco there isn’t a way for that to happen – there is no code in place that lays out a method or conditions to have a shelter. This should be in place before a religious organization applies for a temporary homeless shelter. With the help of the City Attorney’s Office, staff has been working on code to address temporary homeless shelters. Mr. White briefly explained what the ordinance would do and include. Chairperson Roach asked how the ordinance would be implemented in regards to comprehensive background checks and the use of the City of Pasco Police Department for that service. Mr. White said it’s already an established protocol. He added that the permits would be approved via conditional use permit process to work out any such problems that may arise. Chairperson Roach asked how background checks could be done on someone who may not have an ID card, such as many homeless might not have. Mr. White replied that the majority have some type of ID, but that would be addressed by the Police Department. Commissioner Bowers said she noticed a minimum age requirement of 18 years old how that effects families. Mr. White answered that has been an issue state-wide. The thinking is, when minors are allowed in temporary shelters, it brings rise to an entirely new level of scrutiny. Commissioner Bowers addressed rules regarding drugs and alcohol but not cigarette smoking and asked if that would be handled or addressed. Mr. White stated that staff didn’t think that was necessary. Commissioner Myhrum thanked staff and stated that many of his previous concerns have been put aside. Commissioner Bowers asked if there would be measures to address any problems or if the code would be revisited. Page 106 of 109 Planning Commission Meeting Page 2 January 17, 2019 Mr. White replied that code amendments can always be made if issues arise, however, there is case law that in a way pre-empts the City in many ways. Commission J. Campos reminded the Commission that these would be addressed individually by special use permits and conditions could be in place. Chairperson Roach asked why a permit fee would not be required for the temporary shelter special use permit. Mr. White said due to case law so that fees do not discourage applications. There was a brief discussion on the length of the permit and continuum of care. Commissioner Myhrum moved, seconded by Commissioner A. Campos, to close the hearing on the proposed code amendment and set February 21, 2019 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. Page 107 of 109 MINUTES PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers THURSDAY, FEBRUARY 21, 2019 7:00 PM Planning Commission Meeting Page 1 February 21, 2019 OLD BUSINESS: A. Code Amendment Temporary Shelters (MF# CA 2018-001) Chairperson Myhrum read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the proposed code amendment regarding temporary shelters. Staff had no further comments to add since the previous meeting. Commissioner Bowers asked about homeless populations that were victims of domestic violence and if there was anything included in the proposed code that addressed the domestic violence population. Mr. White replied that there was not. Commissioner Roach stated that she appreciated the work done by staff who had addressed any concerns and comments discussed previously by the Commission. She asked for clarification regarding site criteria and the adequate number of parking spaces. She wanted to know how that number would be calculated. Mr. White answered that most of the proposed ordinance is strategically vague because many matters, such as parking, would need to be done by a case by case determination. Many conditions would be based on the number of people as well as clarification from the managing entity. Commissioner Roach added that there are many churches that operate preschools so those would likely need to be looked at on individually. Commissioner Mendez noted that the proposed ordinance appears to be driven by the state RCW, but in that it specifically mentions religious organizations. He asked if it would apply to all non-profits or just religious organizations. Mr. White said it would apply to all non-profits and would be able to apply for a special permit. Commissioner Greenaway asked about adding in wording for non-profits to the ordinance. Mr. White said it wasn’t necessary. Chairperson Myhrum stated that he appreciated the thorough process and the language is very thorough. Commissioner Roach appreciated the code of conduct and the examples provided. She asked what the process would be for the City if the organization breaks their code of conduct and if it would be penalized. Mr. White said the managing entity will have to manage their code of conduct and they will be the responsible Page 108 of 109 Planning Commission Meeting Page 2 February 21, 2019 party. If there is a problem it will likely be handled much like Code Enforcement handles chronic nuisance properties. Commissioner Roach moved, seconded by Commissioner Greenaway, the Planning Commission adopt the findings of fact as contained in the February 21, 2019 staff memo regarding temporary shelters. The motion passed unanimously. Commissioner Roach moved, seconded by Commissioner Greenaway, the Planning Commission recommend the City Council adopt the proposed code amendments regarding temporary shelters as attached to the February 21, 2019 staff memo to the Planning Commission. The motion passed unanimously. Page 109 of 109