HomeMy WebLinkAbout2019.04.15 Council Meeting PacketRegular Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
April 15, 2019
Page
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered
to be routine by the City Council and will be enacted by roll call vote as one motion
(in the form listed below). There will be no separate discussion of these items. If
further discussion is desired by Council members or the public, the item may be
removed from the Consent Agenda to the Regular Agenda and considered
separately.
5 - 8 (a) Approval of Minutes
To approve the minutes of the Pasco City Council Meeting dated April 1,
2019.
9 - 11 (b) Bills and Communications
To approve claims in the total amount of $2,841,746.57 ($1,943,743.96 in
Check Nos. 228269-228520; $71,180.97 in Electronic Transfer Nos.
824147, 824229; $29,377.21 in Check Nos. 52486-52507; $797,444.43 in
Electronic Transfer Nos. 30132292-30132795.
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery,
General Accounts, Miscellaneous Accounts, and Municipal Court (non-
criminal, criminal, and parking) accounts receivable in the total amount of
$237,711.35 and, of that amount, authorize $100,110.21 to be turned over
for collection.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGEMENTS:
5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for debate or
for the posing of questions with the expectation of an immediate response. Some
questions require consideration by Council over time and after a deliberative
Page 1 of 74
Regular Meeting April 15, 2019
process with input from a number of different sources; some questions are best
directed to staff members who have access to specific information. Citizen
comments will normally be limited to three minutes each by the Mayor. Those with
lengthy messages are invited to summarize their comments and/or submit written
information for consideration by the Council outside of formal meetings.
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal reports from Councilmembers
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
12 - 23 (a) Pacific Power Franchise Renewal
MOTION: I move to adopt Ordinance No. 4430, granting a Franchise to
PacifiCorp and further, to authorize publication by summary only.
24 - 38 (b) A Resolution Authorizing Investment of Monies in the Local
Government Investment Pool To Finance Director Position
MOTION: I move to adopt Resolution No. 3903, naming Finance Director
as the "authorized individual" to authorize all amendments, changes or
alterations to the Local Government Investment Pool Transaction
Authorization Form and to acknowledge the terms and conditions of
participation as outlined in the prospectus.
39 - 61 (c) Hearing Examiner System for Land Use Permits (MF# CA2018-007)
MOTION 1: I move to adopt Ordinance No. 4431, relating to the use of a
hearing examiner and Amending PMC 2.50.080 “Powers” Relating to the
Hearing Examiner, and further, authorize publication by summary only.
MOTION 2: I move to adopt Ordinance No. 4432, relating to the use of a
hearing examiner and amending PMC 21.25.050 “Public Hearing Required”;
Repealing PMC 21.25.060 “Planning Commission Recommendation”;
Amending PMC 21.25.070 “Findings of Fact”: Repealing PMC 24.25.080
“City Council Consideration”; Amending PMC 21.25.090 “Notice of
Decision”; Amending PMC 21.25.100 “Adjustments of an Approved
Preliminary Plat”; Amending PMC 21.25.110 “Large Developments”
Relating to Use of a Hearing Examiner; and Amending PMC 21.30.010
“Application” and further, authorize publication by summary only.
MOTION 3: I move to adopt Ordinance No. 4433, relating to the use of a
hearing examiner and amending PMC Title 25 "Zoning," and further,
Page 2 of 74
Regular Meeting April 15, 2019
authorize publication by summary only.
9. UNFINISHED BUSINESS:
10. NEW BUSINESS:
62 - 74 (a) Franklin Conservation District Interlocal Agreement Amendment No. 2
MOTION: I move to approve Amendment No. 2 to the Interlocal
Cooperative Agreement with the Franklin Conservation District and, further,
authorize the City Manager to execute the agreement.
11. MISCELLANEOUS DISCUSSION:
12. EXECUTIVE SESSION:
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
REMINDERS:
• Monday, April 15, 6:00 p.m.;LEOFF Disability Board - Conference Room 1 (Mayor
Watkins, Rep.; Councilmember Maloney, Alt.)
• Wednesday, April 17, 5:30 p.m.; Benton, Franklin & Walla Walla Counties Good
Roads & Transportation Association - Clover Island Inn (Councilmember Alvarado,
Rep.; Councilmember Martinez, Alt.)
• Thursday, April 18, 3:30 p.m.; Franklin County Emergency Management Board -
Franklin County Emergency Management (Councilmember Maloney, Rep.; Mayor
Watkins, Alt.)
• Thursday, April 18, 4:00 p.m.; Tri-Cities National Park Committee Meeting - Bechtel
Board Room, Tri-Cities Regional Business & Visitor Center
• Thursday, April 18, 4:00 p.m.; TRIDEC Board - 7130 W. Grandridge Blvd.
(Councilmember Milne, Rep.; Councilmember Maloney, Alt.)
• Friday, April 19, 10:00 a.m.; Benton-Franklin Council of Governments - Ben Franklin
Transit (Councilmember Barajas, Rep.; Councilmember Alvarado, Alt.)
This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed
at www.pasco-wa.gov/psctvlive.
Page 3 of 74
Regular Meeting April 15, 2019
Audio equipment available for the hearing impaired; contact the Clerk for assistance.
Spanish language interpreter service may be provided upon request. Please provide two
business day's notice to the City Clerk to ensure availability. (Servicio de intérprete
puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes
para garantizar la disponibilidad.)
Page 4 of 74
AGENDA REPORT
FOR: City Council April 9, 2019
TO: Dave Zabell, City Manager Regular Meeting: 4/15/19
FROM: Angela Pashon, City Clerk
Administrative & Community Services
SUBJECT: Approval of Minutes
I. REFERENCE(S):
Minutes 4.1.19
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Meeting dated April 1, 2019.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 74
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL APRIL 1, 2019
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney,
Saul Martinez, and Matt Watkins.
Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager;
Leland Kerr, City Attorney; Steve Worley, Public Works Director; Rick White,
Community & Economic Development Director; Richa Sigdel, Finance
Director; Zach Ratkai, Administrative & Community Services Director; Bob
Metzger, Police Chief and Bob Gear, Fire Chief.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Minutes
To approve the minutes of the Pasco City Council Regular Meeting dated
March 18, 2019.
Bills and Communications
To approve claims in the total amount of $2,432,482.50 ($1,540,743.33 in
Check Nos. 227970-228268; $110,632.51 in Electronic Transfer Nos. 823754-
823790, 823797-823845, 823850-823887, 823894-823940, 823942-824032,
824041; $17,146.60 in Check Nos. 52471-52485; $763,960.06 in Electronic
Transfer Nos. 30131792-30132291).
MOTION: Mr. Maloney moved to approve the Consent Agenda as read. Mr.
Martinez seconded. Motion carried by unanimous Roll Call vote.
VISITORS - OTHER THAN AGENDA ITEMS:
• Sabrina Garcia from Downtown Pasco Development Authority formally invited
City Council to the Cinco de Mayo Festival.
• Emily Maloney invited City Council and staff to participate in the 3rd Annual
Taco Crawl benefiting the Boys & Girls Clubs of Benton and Franklin
Counties.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Verbal Reports from Councilmembers
• Ms. Barajas attended the Pasco Police Citizens Academy for a canine
demonstration.
• Mr. Watkins traveled with Councilmembers Alvarado and Barajas to Olympia to
talk with Legislators.
General Fund Monthly Report - February 2019
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Page 1 of 3 Page 6 of 74
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL APRIL 1, 2019
Annexation for Municipal Purposes
• Laurie Farris inquired about future development of the area.
• Tom Kidwell provided history of the adjacent property and easements controlled
by the US Army Corps of Engineers.
• Mary Mahoney discussed the removal of olive trees on the property.
MOTION: Mr. Maloney moved to adopt Ordinance No. 4428, approving the
municipal annexation and zoning of the property between RD 52 and RD 48
north of Court Street. Mr. Martinez seconded. Motion carried unanimously by
Roll Call vote.
Special Permit: Fire Station #83
MOTION: Mr. Maloney moved to approve Resolution No. 3901, granting a
special permit for the location of Fire Station #83 at 5427 Road 76. Mr.
Martinez seconded. Motion carried unanimously.
Award of Animal Control Professional Services Agreement
City Council and staff discussed reporting and service levels. Mary Mahoney inquired
about programs.
MOTION: Mr. Maloney moved to approve Resolution No. 3902, awarding the
Personal Services Agreement to the Chicle Animal Foundation for profess ional
animal control and shelter management services.
Final Assessment Roll Ordinance - Chapel Hill Blvd LID
MOTION: Mr. Maloney moved to adopt Ordinance No. 4429, approving and
confirming the assessments and assessment roll of Local Improvement District
No. 150 for the construction of roadway improvements as provided by
Ordinance No. 4393, and levying and assessing a part of the cost and expense
thereof against the several lots, tracts, parcels of land and other property as
shown on the assessment roll. Seconded by Mr. Alvarado. Motion carried
unanimously.
NEW BUSINESS:
Bid Award - Chapel Hill Blvd Extension
MOTION: Mr. Maloney moved to award the Chapel Hill Blvd Extension
project to Premier Excavation, Inc. in the amount of $3,979,107.06 for the base
bid and additives 1 and 2, and further, authorize the City Manager to execute
the contract documents. Seconded by Ms. Barajas. Motion carried
unanimously.
MISCELLANEOUS DISCUSSION:
• Mr. Zabell announced electronic traffic safety cameras were being installed and
warning signs will be up next week beginning the required notification period
prior to the required warning period.
• Mr. Zabell also announced Washington State Department of Transportation will
begin the installation of a sound barrier wall on the east side of Highway 395 to
alleviate noise for residents in Flamingo Village Mobile Home Park.
• Mr. Zabell also announced Chief Bob Metzger's community farewell event on
Page 2 of 3 Page 7 of 74
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL APRIL 1, 2019
Wednesday, April 3rd at 3:00 p.m. located at the Police Community Services
Building.
ADJOURNMENT.
There being no further business, the meeting was adjourned at 8:00 p.m.
PASSED AND APPROVED this 15th day of April 2019.
APPROVED: ATTEST:
Matt Watkins, Mayor Angela Pashon, Interim City Clerk
Page 3 of 3 Page 8 of 74
AGENDA REPORT
FOR: City Council April 11, 2019
TO: Dave Zabell, City Manager Regular Meeting: 4/15/19
FROM: Richa Sigdel, Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 04.15.19
Bad Debt Write-off/Collection
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $2,841,746.57 ($1,943,743.96 in Check Nos.
228269-228520; $71,180.97 in Electronic Transfer Nos. 824147, 824229; $29,377.21
in Check Nos. 52486-52507; $797,444.43 in Electronic Transfer Nos. 30132292-
30132795.
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General
Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and
parking) accounts receivable in the total amount of $237,711.35 and, of that amount,
authorize $100,110.21 to be turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 9 of 74
REPORTING PERIOD:
April 15, 2019
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 228269-228520 52486-52507
Total Check Amount $1,943,743.96 $29,377.21 Total Checks 1,973,121.17$
Electronic Transfer Numbers 824147 30132292-30132795
824229
Total EFT Amount $71,180.97 $797,444.43 $0.00 Total EFTs 868,625.40$
Grand Total 2,841,746.57$
Councilmember
442,561.67
26,569.22
0.00
0.00
67.62
109.62
0.00
1,740.81
22,794.46
1,887.89
1,461.00
71,254.59
659.12
1,224.90
37,648.42
18,519.32
200.81
827.06
0.00
0.00
49,620.75
0.00
HOTEL/MOTEL EXCISE TAX 12,086.70
0.00
100,878.94
1,148,579.66
35,585.19
5,856.55
9,567.50
0.00
0.00
0.00
0.00
852,044.77
GRAND TOTAL ALL FUNDS:2,841,746.57$
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
OLD FIRE OPEB
FLEX
PAYROLL CLEARING
EQUIPMENT RENTAL - OPERATING BUSINESS
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
RIVERSHORE TRAIL & MARINA MAIN
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
NSP GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
STREET OVERLAY
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described
herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager Richa Sigdel, Finance Director
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
15th day of April, 2019 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
ARTERIAL STREET
The City Council
March 28-April 10, 2019
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
Page 10 of 74
BAD DEBT WRITE-OFF/COLLECTION
March 1-March 31, 2019
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are
under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts
submitted for collection exceed $20.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal
fines, and parking violations over 30 days past due.
4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which
are either un-collectable or have been assigned for collections because the property owner has
not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
Direct
Write-off
Referred to
Collection
Total
Write-off
Utility Billing $ 0.00 36.28 36.28
Ambulance $ 137,661.14 16,117.93 153,779.07
Court A/R $ .00 82,123.00 82,123.00
Code Enforcement $ .00 1,693.00 1,693.00
Cemetery $ .00 .00 .00
General $ .00 140.00 140.00
Miscellaneous $ .00 .00 .00
TOTAL: $ 137,661.14 100,110.21 237,711.35
Page 11 of 74
AGENDA REPORT
FOR: City Council April 10, 2019
TO: Dave Zabell, City Manager Regular Meeting: 4/15/19
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Pacific Power Franchise Renewal
I. REFERENCE(S):
Proposed Ordinance with attachments
Vicinity Maps
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. _____, granting a Franchise to PacifiCorp
and further, to authorize publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
Pacific Power Corporation operates an electrical transmission line which runs from
Pasco east to Highway 12 and into Walla Walla County. Pacific Power's substation is
located near the Port of Pasco dock on the Columbia River, west of the railroad bridge.
PacifiCorp has a franchise with the City in order to place its lines within city rights -of-
way. The franchise has been in place for decades. The current franchise, for a 10 year
term, was approved by Council in October 2008 (Ordinance No. 3882) and extended
for 6 months last October. Staff has worked with Pacific to reach agreement on a
successor franchise document for consideration by Council.
V. DISCUSSION:
signifagreement franchise new proposed, The is as length in shorter icantly
unnecessary language has been deleted from the expiring agreement. (As the utility's
line is only for transmission purposes, much of the previous language has been
determined to be irrelevant.) Staff recommends approval of the franchise new
agreement for a 10 year term, as contained in the attached ordinance.
Page 12 of 74
At the meeting of April 8, Councilmembers had questions regarding Section 7,
Relocation of Electric Facilities; and Section 8, Vegetation Management. The
following additional observations are made:
• The proposed franchise does provide for PacifiCorp to relocate its facilities
within City r-o-w, in the interest of public necessity, safety or welfare, at no
cost to the City. If relocation is proposed due to private development,
PacifiCorp is entitled to reimbursement of costs. This is the same language as in
the current franchise (with the exception that some language regarding cost
recovery has been removed from one subsection and placed in another for
continuity).
• The language on vegetation management is consistent with prior language,
giving PacifiCorp the authority to prune or, with the approval of the owner,
remove vegetation. In the event approval cannot be gained and the vegetation is
in the r-o-w, the City could consider the PMC abatement process for nuisance
vegetation.
The attached photo shows the location of the current transmission line. Council will
note that r-o-w impact is primarily limited to a section along Ainsworth Ave, along 4th
Ave, and Sacajawea Park Road.
Page 13 of 74
1
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, GRANTING TO
PACIFICORP, AN OREGON CORPORATION DOING BUSINESS AS PACIFIC POWER &
LIGHT COMPANY, A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, INSTALL,
OPERATE, AND MAINTAIN AN ELECTRICAL POWER TRANSMISSION SYSTEM IN,
ON, OVER, UPON, ALONG, AND ACROSS CERTAIN DESIGNATED PUBLIC RIGHTS-
OF-WAY OF THE CITY OF PASCO, WASHINGTON, PRESCRIBING CERTAIN RIGHTS,
DUTIES, TERMS, AND CONDITIONS WITH RESPECT HERETO, AND ESTABLISHING
AN EFFECTIVE DATE
WHEREAS, PacifiCorp d.b.a. Pacific Power (the “Company”) is a regulated public
utility that provides electric power and energy to the neighboring City of Burbank and other
surrounding areas of the City of Pasco (the “City”);
WHEREAS, providing electrical power and energy to these areas requires the
installation, operation and maintenance of power poles and other related facilities to be located
within certain public ways of the City;
WHEREAS, the City desires to set forth the terms and conditions by which PacifiCorp
shall use these public ways of the City;
NOW, THEREFORE, be it ordained by the City:
SECTION 1. Grant of Franchise and General Utility Easement. The City hereby
grants to PacifiCorp the non-exclusive right, privilege and authority to construct, maintain,
operate and upgrade its transmission lines and related appurtenances, including underground
conduits and structures, poles, towers, wires, guy anchors, vaults, transformers, transmission
lines, and communication lines (collectively referred to herein as “Electric Facilities”) in, under,
along, over and across the streets, alleys, public ways and public places (collectively referred to
herein as “Public Ways”) within the City, for the purpose of supplying and transmitting electric
power and energy to residents of the City of Burbank and surrounding areas.
The Grantee shall not acquire any rights hereunder to furnish electric power or energy to City or
its inhabitants.
SECTION 2. Term. The term of this Franchise and General Utility Easement is for ten
(10) years commencing on the date of acceptance by the Company as set forth in Section 18
below.
SECTION 3. Non-Exclusive Franchise. The right to use and occupy the Public Ways
of the City shall be nonexclusive and the City reserves the right to use the Public Ways for itself
or any other entity; provided, however, that such use shall not unreasonably interfere with
PacifiCorp’s Electric Facilities or PacifiCorp’s rights granted herein.
Page 14 of 74
2
SECTION 4. City Regulatory Authority. In addition to the provision herein
contained, the City reserves the right to adopt such additional ordinances and regulations as may
be deemed necessary in the exercise of its police power for the protection of the health, safety
and welfare of its citizens and their properties or exercise any other rights, powers, or duties
required or authorized, under the Constitution of the State of Washington, the laws of
Washington or City Ordinances.
SECTION 5. Indemnification. The City shall in no way be liable or responsible for
any loss or damage to property or any injury to, or death, of any person that may occur in the
construction, operation or maintenance by PacifiCorp of its Electric Facilities. PacifiCorp shall
indemnify, defend and hold the City harmless from and against claims, demands, liens and all
liability or damage of whatsoever kind on account of PacifiCorp’s use of the Public Ways within
the City, and shall pay the costs of defense plus reasonable attorneys' fees for any claim, demand
or lien brought thereunder. The City shall: (a) give prompt written notice to PacifiCorp of any
claim, demand or lien with respect to which the City seeks indemnification hereunder; and (b)
unless a conflict of interest exists between the City and PacifiCorp with respect to such claim,
demand or lien, permit PacifiCorp to assume the defense of such claim, demand, or lien with
counsel reasonably satisfactory to City. Notwithstanding any provision hereof to the contrary,
PacifiCorp shall not be obligated to indemnify, defend or hold the City harmless to the extent any
claim, demand or lien to the proportionate extent it is caused by any negligent or willful act or
failure to act of the City or any of its officers, employees or contractors (of any tier).
SECTION 6. Planning, Design, Construction and Installation of Company
Facilities.
6.1 All Electrical Facilities installed or used under authority of this Franchise shall be
used, constructed and maintained in accordance with applicable federal, state and city laws,
codes and regulations.
6.2 Except in the case of an emergency, PacifiCorp shall, prior to commencing new
construction or major reconstruction work in the public way or street or other public places,
apply for a permit from the City which permit shall not be unreasonably withheld, conditioned,
or delayed. PacifiCorp will abide by all applicable ordinances and all reasonable rules,
regulations and requirements of the City, and the City may inspect the manner of such work and
require remedies as may be necessary to assure compliance. Notwithstanding the foregoing,
PacifiCorp shall not be obligated to obtain a permit to perform emergency repairs.
6.3 All Electric Facilities shall be located so as to cause minimum interference with
the Public Ways of the City and shall be constructed, installed, maintained, cleared of vegetation,
renovated or replaced in accordance with applicable rules, ordinances and regulations of the City.
6.4 If, during the course of work on its Electrical Facilities, PacifiCorp causes damage
to or alters the Public Way or public property, PacifiCorp shall (at its own cost and expense and
Page 15 of 74
3
in a manner approved by the City) replace and restore it to a condition comparable to that which
existed before the work commenced.
6.5 Subject to approval by PacifiCorp in each case and entry by the City into a
standard pole attachment agreement, the City shall have the right without cost to use all poles and
suitable overhead structures owned by PacifiCorp within Public Ways for City wires used in
connection with its fire alarms, police signal systems, or other communication lines used for
governmental purposes; provided, however, any such uses shall be for activities owned, operated
or used by the City for a public purpose and shall not include the provision of CATV, internet, or
similar services to the public. Provided further, that PacifiCorp shall assume no liability, nor
shall it incur, directly or indirectly, any additional expense in connection therewith, and the use
of said poles and structures by the City shall be in such a manner as to prevent safety hazards or
interferences with PacifiCorp's use of same. Nothing herein shall be construed to require
PacifiCorp to increase pole size or alter the manner in which PacifiCorp attaches its equipment to
poles or alter the manner in which it operates and maintains its Electric Facilities. City
attachments shall be installed by qualified workers and maintained in accordance with
PacifiCorp’s standard requirements and the current edition of the National Electrical Safety Code
pertaining to such construction. Further, City attachments shall be attached or installed only after
entering into a standard pole attachment agreement with PacifiCorp and receiving written
approval by PacifiCorp, which approval shall not be withheld, conditioned or delayed in a
manner than is inconsistent with PacifiCorp’s standard pole attachment approval protocols and
procedures.
6.6 Before commencing any street improvements or other work within a Public Way
that may affect PacifiCorp’s Electric Facilities, the City shall give written notice to PacifiCorp.
6.7 No structures, buildings or signs shall be erected in a location that prevents
PacifiCorp from accessing or maintaining its facilities.
SECTION 7. Relocation of Electric Facilities.
7.1 The City reserves the right to require PacifiCorp to relocate overhead Electric
Facilities located within the Public Ways by virtue of the rights set forth herein when it is in the
interest of public convenience, necessity, health, safety or welfare at no cost to the City. Within a
reasonable period of time after written notice, PacifiCorp shall promptly commence the overhead
relocation of its Electrical Facilities. Before requiring a relocation of Electric Facilities, the City
shall, with the assistance and consent of PacifiCorp, identify a reasonable alignment for the
relocated Electric Facilities within the Public Ways of the City.
7.2 PacifiCorp shall not be obligated to pay the cost of any relocation that is either
required or made a condition of a private development. If the removal or relocation of facilities
is caused directly or otherwise by an identifiable development of property in the area, or is made
for the convenience of a customer, PacifiCorp may charge the expense of removal or relocation
to the developer or customer. For example, PacifiCorp shall not be required to pay relocation
Page 16 of 74
4
costs in connection with a road widening or realignment where the road project is made a
condition or caused by a private development. In such event, PacifiCorp shall not be obliged to
perform any relocation until the costs of such relocation have been paid to PacifiCorp by such
developer. In addition, in such case, as applicable, the City shall assign or otherwise transfer to
Company all rights it may have to recover the cost for the relocation work and shall support the
efforts of PacifiCorp to obtain reimbursement.
SECTION 8. Vegetation Management. PacifiCorp or its contractor may prune all
trees and vegetation which overhang the Public Ways, whether such trees or vegetation originate
within or outside the Public Ways, to prevent the branches or limbs or other part of such trees or
vegetation from interfering with PacifiCorp’s Electrical Facilities. Such pruning shall comply
with the American National Standard for Tree Care Operation (ANSI A300) and be conducted
under the direction of an arborist certified with the International Society of Arboriculture. A
growth inhibitor treatment may be used for trees and vegetation species that are fast-growing and
problematic. Nothing contained in this Section shall prevent PacifiCorp, when necessary and
with the written approval of the owner of the property on which they may be located, from
cutting down and removing any trees which overhang streets.
SECTION 9. Renewal. At least 120 days prior to the expiration of this Franchise,
PacifiCorp and the City shall meet in attempt to either agree to extend the term of this Franchise
for a mutually acceptable period of time or to use best faith efforts to renegotiate a replacement
franchise. So long as the parties are negotiating in good faith for such extension or replacement
franchise, PacifiCorp shall have the continued right to use the Public Ways of the City as set
forth herein in the event an extension or replacement Franchise is not entered before the date of
expiration of this Franchise, otherwise the franchise will expire at the end of the term.
SECTION 10. No Waiver. Neither the City nor PacifiCorp shall be excused from
complying with any of the terms and conditions of this Franchise by any failure of the other, or
any of its officers, employees, or agents, upon any one or more occasions to insist upon or to seek
compliance with any such terms and conditions.
SECTION 11. Transfer of Franchise. PacifiCorp shall not transfer or assign any rights
under this Franchise to another entity, except transfers and assignments by operation of law,
unless the City shall first give its approval in writing, which approval shall not be unreasonably
withheld;
SECTION 12. Amendment. At any time during the term of this Franchise, the City,
through its City Council, or PacifiCorp may propose amendments to this Franchise by giving
thirty (30) days written notice to the other of the proposed amendment(s) desired, and both
parties thereafter, through their designated representatives, will, within a reasonable time,
negotiate in good faith in an effort to agree upon mutually satisfactory amendment(s). No
amendment or amendments to this Franchise shall be effective until mutually agreed upon by the
City and PacifiCorp and formally adopted as an ordinance amendment.
Page 17 of 74
5
SECTION 13. Notices. Unless otherwise specified herein, all notices from PacifiCorp
to the City pursuant to or concerning this Franchise shall be delivered to the City Clerk's Office,
City of Pasco, 525 N. 3rd Avenue, Pasco, Washington 99301. Unless otherwise specified herein,
all notices from the City to PacifiCorp pursuant to or concerning this Franchise shall be delivered
to the Customer and Community Affairs Vice President, Pacific Power, 825 NE Multnomah,
Lloyd Center Tower Suite 2000, Portland, Oregon 97232, and such other office as PacifiCorp
may advise the City of by written notice.
SECTION 14. Insurance. PacifiCorp shall maintain in full force and effect, at their
own cost and expense, during the term of this franchise, comprehensive general liability
insurance in the amount of $5,000,000 combined single limit for bodily injury and property
damage. PacifiCorp shall provide a certificate of insurance designating the City as an additional
insured. The foregoing requirements may be met by PacifiCorp’s self-insurance program.
SECTION 15. Severability. If any section, sentence, paragraph, term or provision
hereof is for any reason determined to be illegal, invalid, or superseded by other lawful authority
including any state or federal regulatory authority having jurisdiction thereof or unconstitutional,
illegal or invalid by any court of common jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision and such determination shall have no effect on the validity of
any other section, sentence, paragraph, term or provision hereof, all of which will remain in full
force and effect for the term of the Franchise or any renewal or renewals thereof.
SECTION 16. Waiver of Jury Trial. To the fullest extent permitted by law, each of
the parties hereto waives any right it may have to a trial by jury in respect of litigation directly or
indirectly arising out of, under or in connection with this agreement. Each party further waives
any right to consolidate any action in which a jury trial has been waived with any other action in
which a jury trial cannot be or has not been waived.
SECTION 17. Dispute Resolution. In the event of a dispute regarding the enforcement,
breach, default, or interpretation of this Agreement, the City Manager and PacifiCorp
Community Affairs Vice President, or their designees, shall first meet in a good faith effort to
resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties,
said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both
parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin
County, Washington. The substantially prevailing party shall be entitled to its reasonable
attorney fees and costs as additional award and judgment against the other.
SECTION 18. General Provisions.
18.1 The Grantee shall file its written acceptance of this franchise with the City Clerk
within sixty (60) days after its passage.
18.2 This ordinance shall take effect as soon as it shall be published as required by law,
deposited and recorded in the office of its City Clerk and accepted as required herein.
Page 18 of 74
6
18.3 The provisions of Chapter 15.70 of the Pasco Municipal Code shall be considered
incorporated herein by reference and franchisee agrees to abide by all said requirements, with the
exception of all undergrounding requirements, which shall hereby be waived with respect to this
transmission line franchise.
PASSED by the City Council of the City of ________, Washington this ____ day of
______________, 2019.
MAYOR
____________________________________
Matt Watkins
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
___________________________________ _______________________________
Angela Pashon Kerr Law Group
Page 19 of 74
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Page 23 of 74
AGENDA REPORT
FOR: City Council April 14, 2019
TO: Dave Zabell, City Manager Regular Meeting: 4/15/19
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: A Resolution Authorizing Investment of Monies in the Local Government
Investment Pool To Finance Director Position
I. REFERENCE(S):
Resolution
LGIP Prospectus
LGIP Authorization Form
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Resolution No. _____________, naming Finance Director
as the "authorized individual" to authorize all amendments, changes or alterations to
the to and Form Authorization Pool Investment Government Local Transaction
acknowledge the terms and conditions of participation as outlined in the prospectus.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In 1986, the Legislature created a trust fund to be known as the public funds
investment account (commonly referred to as the Local Government Investment Pool
(LGIP)) for the contribution and withdrawal of money by an authorized governmental
entity for purposes of investment by the Office of the State Treasurer.
The City utilizes the investment expertise of State Treasurer's office and invests its
funds into the LGIP. Funds invested in the LGIP are considered to be cash equivalent
and can be withdrawn as needed.
Historically, City Council has designated staff by name to be the authorized individual
to manage all LGIP transactions.
Page 24 of 74
V. DISCUSSION:
As a condition of continued participation in the LGIP, the State Treasurer requires each
investor to provide a copy of a Resolution that acknowledges the governing body has
read, received and understands the prospectus as well as specifically designates, by
position, the "authorized individual" that is authorized to create all amendments,
changes and alterations to the Transaction Authorization Form (which controls who is
allowed to move money and to designate which bank accounts money comes in and out
of). Changes to the "authorized individual" must be made by a new resolution.
Staff has discussed the best management of this process with the State Treasurer's
Office and it has been recommended that City use the title of the position, rather than
individual's name.
Staff recommends that Council approve the resolution as provided.
Page 25 of 74
RESOLUTION AUTHORIZING INVESTMENT
OF CITY OF PASCO MONIES IN THE
LOCAL GOVERNMENT INVESTMENT POOL
WHEREAS, pursuant to Chapter 294, Laws of 1986, the Legislature created a trust fund
to be known as the public funds investment account (commonly referred to as the Local
Government Investment Pool (LGIP)) for the contribution and withdrawal of money by an
authorized governmental entity for purposes of investment by the Office of the State Treasurer;
and
WHEREAS, from time to time it may be advantageous to the authorized governmental
entity, City of Pasco, the “governmental entity”, to contribute funds available for investment in
the LGIP; and
WHEREAS, the investment strategy for the LGIP is set forth in its policies and
procedures; and
WHEREAS, any contributions or withdrawals to or from the LGIP made on behalf of
the governmental entity shall be first duly authorized by the Pasco City Council, the “governing
body” or any designee of the governing body pursuant to this resolution, or a subsequent
resolution; and
WHEREAS the governmental entity will cause to be filed a certified copy of said
resolution with the Office of the State Treasurer; and
WHEREAS the governing body and any designee appointed by the governing body with
authority to contribute or withdraw funds of the governmental entity has received and read a
copy of the prospectus and understands the risks and limitations of investing in the LGIP; and
WHEREAS, the governing body attests by the signature of its members that it is duly
authorized and empowered to enter into this agreement, to direct the contribution or withdrawal
of governmental entity monies, and to delegate certain authority to make adjustments to the
incorporated transactional forms, to the individuals designated herein.
NOW THEREFORE, BE IT RESOLVED that the governing body does hereby
authorize the contribution and withdrawal of governmental entity monies in the LGIP in the
manner prescribed by law, rule, and prospectus.
BE IT FURTHER RESOLVED that the governing body has approved the Local
Government Investment Pool Transaction Authorization Form (Form) as completed by Richa
Sigdel and incorporates said form into this resolution by reference and does hereby attest to its
accuracy.
BE IT FURTHER RESOLVED that the governmental entity designates Finance
Director, the “authorized individual” to authorize all amendments, changes, or alterations to the
Page 26 of 74
Form or any other documentation including the designation of other individuals to make
contributions and withdrawals on behalf of the governmental entity.
BE IT FURTHER RESOLVED that this delegation ends upon the written notice, by
any method set forth in the prospectus, of the governing body that the authorized individual has
been terminated or that his or her delegation has been revoked. The Office of the State Treasurer
will rely solely on the governing body to provide notice of such revocation and is entitled to rely
on the authorized individual’s instructions until such time as said notice has been provided.
BE IT FURTHER RESOLVED that the Form as incorporated into this resolution or
hereafter amended by delegated authority, or any other documentation signed or otherwise
approved by the authorized individual shall remain in effect after revocation of the authorized
individual’s delegated authority, except to the extent that the authorized individual whose
delegation has been terminated shall not be permitted to make further withdrawals or
contributions to the LGIP on behalf of the governmental entity. No amendments, changes, or
alterations shall be made to the Form or any other documentation until the entity passes a new
resolution naming a new authorized individual; and
BE IT FURTHER RESOLVED that the governing body acknowledges that it has
received, read, and understood the prospectus as provided by the Office of the State Treasurer.
In addition, the governing body agrees that a copy of the prospectus will be provided to any
person delegated or otherwise authorized to make contributions or withdrawals into or out of the
LGIP and that said individuals will be required to read the prospectus prior to making any
withdrawals or contributions or any further withdrawals or contributions if authorizations are
already in place.
PASSED AND ADOPTED by the City Council of the City of Pasco, State
of Washington on this _______ day of ________,2019.
_____________________
Matt Watkins, Mayor
ATTEST:
_____________________
Angela Pashon, City Clerk
APPROVED AS TO FORM:
_____________________________
Kerr Ferguson Law, City Attorney
Page 27 of 74
LOCAL GOVERNMENT
INVESTMENT POOL
Prospectus
August 2016
James L. McIntire
Washington State Treasurer
Page 28 of 74
2
Contents
I. The LGIP 3-4
II. Local Government Investment Pool – Money Market Fund 4-9
III. Management 10
IV. Miscellaneous 10
Page 29 of 74
3
I. The LGIP
The Local Government Investment Pool (the “LGIP”) is an investment pool of public funds placed in the custody of
the Office of the Washington State Treasurer (the “State Treasurer”) for investment and reinvestment as defined
by RCW 43.250.020. The purpose of the LGIP is to allow eligible governmental entities to participate with the state
in the investment of surplus public funds, in a manner that optimizes liquidity and return on such funds. In
establishing the LGIP, the legislature recognized that not all eligible governmental entities are able to maximize the
return on their temporary surplus funds, and therefore it provided a mechanism whereby they may, at their
option, utilize the resources of the State Treasurer to maximize the potential of their surplus funds while ensuring
the liquidity of those funds.
The State Treasurer has established a sub-pool within the LGIP whose shares are offered by means of th is
Prospectus: The LGIP-Money Market Fund (the “LGIP-MMF” or the “Fund”). The State Treasurer has the authority
to establish additional sub-pools in the future.
The Fund offered in this Prospectus seeks to provide current income by investing in high-quality, short term money
market instruments. These standards are specific to the Fund, as illustrated in the following table. The LGIP -MMF
offers daily contributions and withdrawals.
FUND SNAPSHOT
The table below provides a summary comparison of the Fund’s i nvestment types and sensitivity to interest rate
risk. This current snapshot can be expected to vary over time.
Fund Investment Types Maximum Dollar-Weighted
Average Maturity
for LGIP-MMF
LGIP-Money Market Fund
Current Investments (as of July 1,
2016)
Cash
Bank Deposits
US Treasury bills
Repurchase agreements
US Government agency obligations
60 days
Fees and Expenses
Administrative Fee. The State Treasurer charges pool participants a fee representing administration and recovery
costs associated with the operation of the Fund. The administrative fee accrues daily from pool participants’
earnings prior to the earnings being posted to their account. The administrative fee will be paid monthly. In the
event that there are no earnings, the administrative fee will be deducted from principal.
The chart below illustrates the operating expenses of the LGIP-MMF for past years, expressed in basis points as a
percentage of fund assets.
Page 30 of 74
4
Local Government Investment Pool-MMF
Operating Expenses by Fiscal Year (in Basis Points)
2009 2010 2011 2012 2013 2014 2015 2016
Total Operating Expenses 0.88 0.64 0.81 0.68 0.87 0.88 0.95 0.88
(1 basis point = 0.01%)
Because most of the expenses of the LGIP-MMF are fixed costs, the fee (expressed as a percentage of fund assets)
will be affected by: (i) the amount of operating expenses; and (ii) the assets of the LGIP -MMF. The table below
shows how the fee (expressed as a percentage of fund assets) would change as the fund assets change, assuming
an annual fund operating expenses amount of $950,000.
Fund Assets $8.0 bn $10.0 bn $12.0 bn
Total Operating Expenses (in Basis Points) 1.19 0.95 0.79
Portfolio Turnover: The Fund does not pay a commission or fee when it buys or sells securities (or “turns over” its
portfolio). However, debt securities often trade with a bid/ask spread. Consequently, a higher portfolio turnover
rate may generate higher transaction costs that could affect the Fund’s performance.
II. Local Government Investment Pool – Money Market Fund
Investment Objective
The LGIP-MMF will seek to effectively maximize yield while maintaining liquidity and a stable net asset value per
share, e.g., all contributions will be transacted at $1.00 net asset value per share .
Principal Investment Strategies
The LGIP-MMF will seek to invest primarily in high-quality, short term money market instruments. Typically, at
least 55% of the Fund’s assets will be invested in US government securities and repurchase agreements
collateralized by those securities. The LGIP-MMF means a sub-pool of the LGIP whose investments will primarily
be money market instruments. The LGIP-MMF will only invest in eligible investments permitted by state law. The
LGIP portfolio will be managed to meet the portfolio maturity, quality, diversification and liquidity requirements
set forth in GASB 79 for external investment pools who wish to measure, for financial reporting purposes, all of
their investments at amortized cost. Investments of the LGIP-MMF will conform to the LGIP Investment Policy, the
most recent version of which will be posted on the LGIP website and will be available upon request.
Principal Risks of Investing in the LGIP-Money Market Fund
Counterparty Credit Risk. A party to a transaction involving the Fund may fail to meet its obligations. This could
cause the Fund to lose the benefit of the transaction or prevent the Fund from selling or buying other securities to
implement its investment strategies.
Interest Rate Risk. The LGIP-MMF’s income may decline when interest rates fall. Because the Fund’s income is
based on short-term interest rates, which can fluctuate significantly over short periods, income risk is expected to
Page 31 of 74
5
be high. In addition, interest rate increases can cause the price of a debt security t o decrease and even lead to a
loss of principal.
Liquidity Risk. Liquidity risk is the risk that the Fund will experience significant net withdrawals of Fund shares at a
time when it cannot find willing buyers for its portfolio securities or can only sell its portfolio securities at a
material loss.
Management Risk. Poor security selection or an ineffective investment strategy could cause the LGIP -MMF to
underperform relevant benchmarks or other funds with a similar investment objective.
Issuer Risk. The LGIP-MMF is subject to the risk that debt issuers and other counterparties may not honor their
obligations. Changes in an issuer’s credit rating (e.g., a rating downgrade) or the market’s perception of an issuer’s
creditworthiness could also affect the value of the Fund’s investment in that issuer. The degree of credit risk
depends on both the financial condition of the issuer and the terms of the obligation. Also, a decline in the credit
quality of an issuer can cause the price of a money market security to decrease.
Securities Lending Risk and Reverse Repurchase Agreement Risk. The LGIP-MMF may engage in securities lending
or in reverse repurchase agreements. Securities lending and reverse repurchase agreements involve the risk that
the Fund may lose money because the borrower of the Fund’s securities fails to return the securities in a timely
manner or at all or the Fund’s lending agent defaults on its obligations to indemnify the Fund, or such obligations
prove unenforceable. The Fund could also lose money in the event of a decline in the value of the collateral
provided for loaned securities or a decline in the value of any investments made with cash collateral .
Risks Associated with use of Amortized Cost. The use of amortized cost valuation means that the LGIP-MMF’s
share price may vary from its market value NAV per share. In the unlikely event that the State Treasurer were to
determine that the extent of the deviation between the Fund’s amortized cost per share and its market -based NAV
per share may result in material dilution or other unfair results to shareholders, the State Treasurer may cause the
Fund to take such action as it deems appropriate to eliminate or reduce to the extent practicable such dilution or
unfair results.
An investment in the LGIP-MMF is not a bank deposit and is not insured or guaranteed by the Federal Deposit
Insurance Corporation or any other government agency. Although the Fund seeks to preserve the value of
investments at $1 per share, pool participants could lose money by investing in the LGIP-MMF. There is no
assurance that the LGIP-MMF will achieve its investment objective.
Performance
The following information is intended to address the risks of investing in the LGIP -MMF. The information
illustrates changes in the performance of the LGIP-MMF’s shares from year to year. Returns are based on past
results and are not an indication of future performance. Updated performance information may be obtained on
our website at www.tre.wa.gov or by calling the LGIP toll-free at 800-331-3284.
Page 32 of 74
6
Local Government Investment Pool-Money Market Fund
Average Accrued Net Yield
1 Year 3 years 5 years 10 years
0.31%
0.18%
0.17%
1.28%
Transactions: LGIP-MMF
General Information
The minimum transaction size (contributions or withdrawals) for the LGIP-MMF will be five thousand dollars. The
State Treasurer may, in its sole discretion, allow for transactions of less than five thousand dollars.
Valuing Shares
The LGIP-MMF will be operated using a net asset value (NAV) calculation based on the amortized cost of all
securities held such that the securities will be valued at their acquisition cost, plus accrued income, amortized
daily.
The Fund’s NAV will be the value of a single share. NAV will normally be calculated as of the close of business of
the NYSE, usually 4:00 p.m. Eastern time. If the NYSE is closed on a particular day, the Fund will be priced on the
next day the NYSE is open.
5.21%
4.04%
1.59%
0.36% 0.22% 0.14% 0.17% 0.11% 0.12% 0.31%
-1.00%
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
6.00%
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
Fiscal Year-by-Year Returns: Net Yield
Local Government Investment Pool
Page 33 of 74
7
NAV will not be calculated and the Fund will not process contributions and withdrawals submitted on days when
the Fund is not open for business. The time at which shares are priced and until which contributions and
withdrawals are accepted is specified below and may be changed as permitted by the State Treasurer.
To the extent that the LGIP-MMF’s assets are traded in other markets on days when the Fund is not open for
business, the value of the Fund’s assets may be affected on those days. In addition, trading in some of the Fund’s
assets may not occur on days when the Fund is open for business.
Transaction Limitations
The State Treasurer reserves the right at its sole discretion to set a minimum and/or maximum transaction amount
from the LGIP-MMF and to limit the number of transactions, whether contribution, withdrawal, or transfer
permitted in a day or any other given period of time.
The State Treasurer also reserves the right at its sole discretion to reject any proposed contribution, and in
particular to reject any proposed contribution made by a pool participant engaged in behavior deemed by the
State Treasurer to be abusive of the LGIP-MMF.
A pool participant may transfer funds from one LGIP-MMF account to another subject to the same time and
contribution limits as set forth in WAC 210.10.060.
Contributions deposited by ACH will be unavailable for withdrawal for a period of five business days following
receipt of funds
Contributions
Pool participants may make contributions to the LGIP-MMF on any business day. All contributions will be effected
by electronic funds to the account of the LGIP-MMF designated by the State Treasurer. It is the responsibility of
each pool participant to pay any bank charges associated with such electronic transfers. Failure to submit funds by
a pool participant after notification to the State Treasurer of an intended transfer will result in penalties. Penalties
for failure to timely submit will be assessed to the account of the pool participant responsible.
Notice of Wire contribution. To ensure same day credit, a pool participant must inform the State Treasurer of any
contribution over one million dollars no later than 9 a.m. on the same day the contribution is made. Contributions
for one million dollars or less can be requested at any time prior to 10 a.m. on the day of contribution. For all
other contributions over one million dollars that are requested prior to 10 a.m., a pool participant may receive
same day credit at the sole discretion of the State Treasurer. Contributions that receive same day credit will count,
for earnings rate purposes, as of the day in which the contribution was made. Contributions for which no notice is
received prior to 10:00 a.m. will be credited as of the following business day.
Notice of ACH contribution. A pool participant must inform the State Treasurer of any contribution submitted
through ACH no later than 2:00 p.m. on the business day before the contribution is made. Contributions that
receive same day credit will count, for earnings rate purposes, as of the day in which the contribution was made.
Contributions for which proper notice is not received as described above will not receive same day credit, but will
be credited as of the next business day from when the contribution is made. Contributions deposited by ACH will
be unavailable for withdrawal for a period of five business days following receipt of funds.
Notice of contributions may be given by calling the Local Government Investment Pool (800 -331-3284) OR by
logging on to State Treasurer’s Treasury Management System (“TMS”). Please refer to the LGIP-MMF Operations
Manual for specific instructions regarding contributions to the LGIP-MMF.
Direct deposits from the State of Washington will be credited on the same business day.
Page 34 of 74
8
Pricing. Contribution requests received in good order will receive the NAV per unit of the LGIP -MMF next
determined after the order is accepted by the State Treasurer on that contribution date.
Withdrawals
Pool participants may withdraw funds from the LGIP -MMF on any business day. Each pool participant shall file
with the State Treasurer a letter designating the financial institution at which funds withdrawn from the LGIP -MMF
shall be deposited (the “Letter”). This Letter shall contain the name of the financial institution, the location of the
financial institution, the account name, and the account number to which funds will be deposited. This Letter shall
be signed by local officials authorized to receive and disburse funds, as described in WAC 210-10-020.
Disbursements from the LGIP-MMF will be effected by electronic funds transfer. Failure by the State Treasurer to
transmit funds to a pool participant after proper notification to the State Treasurer to disburse funds to a pool
participant may result in a bank overdraft in the pool participant's bank account. The State Treasurer will
reimburse a pool participant for such bank overdraft penalties charged to the pool participant's bank account.
Notice of Wire withdrawal. In order to withdraw funds from the LGIP -MMF, a pool participant must notify the
State Treasurer of any withdrawal over one million dollars no later than 9 a.m. on the same day the withdrawal is
made. Withdrawals for one million dollars or less can be requested at any time prior to 10 a.m. on the day of
withdrawal. For all other withdrawals from the LGIP -MMF over one million dollars that are requested prior to 10
a.m., a pool participant may receive such withdrawal on the same day it is requested at the sole discretion of the
State Treasurer. No earnings will be credited on the date of withdrawal for the amounts withdrawn. Notice of
withdrawals may be given by calling the Local Government Investment Pool (800-331-3284) OR by logging on to
TMS. Please refer to the LGIP-MMF Operations Manual for specific instructions regarding withdrawals from the
Fund.
Notice of ACH withdrawal. In order to withdraw funds from the LGIP-MMF, a pool participant must notify the
State Treasurer of any withdrawal by ACH no later than 2 p.m. on the prior business day the withdrawal is
requested. No earnings will be credited on the date of withdrawal for the amounts withdrawn.
Notice of withdrawals may be given by calling the Local Government Investment Pool (800-331-3284) OR by
logging on to TMS. Please refer to the LGIP-MMF Operations Manual for specific instructions regarding
withdrawals from the Fund.
Pricing. Withdrawal requests with respect to the LGIP-MMF received in good order will receive the NAV per unit
of the LGIP-MMF next determined after the order is accepted by the State Treasurer on that withdrawal date.
Suspension of Withdrawals. If the State Treasurer has determined that the deviation between the Fund’s
amortized cost price per share and the current net asset value per share calculated using available market
quotations (or an appropriate substitute that reflects current market conditions) may result in material di lution or
other unfair results, the State Treasurer may, if it has determined irrevocably to liquidate the Fund, suspend
withdrawals and payments of withdrawal proceeds in order to facilitate the permanent termination of the Fund in
an orderly manner. The State Treasurer will distribute proceeds in liquidation as soon as practicable, subject to the
possibility that certain assets may be illiquid, and subject to subsequent distribution, and the possibility that the
State Treasurer may need to hold back a reserve to pay expenses.
The State Treasurer also may suspend redemptions if the New York Stock Exchange suspends trading or closes, if
US bond markets are closed, or if the Securities and Exchange Commission declares an emergency. If any of these
events were to occur, it would likely result in a delay in the pool participants’ redemption proceeds.
Page 35 of 74
9
The State Treasurer will notify pool participants within five business days of making a determination to suspend
withdrawals and/or irrevocably liquidate the fund and the reason for such action.
Earnings and Distribution
LGIP-MMF Daily Factor
The LGIP-MMF daily factor is a net earnings figure that is calculated daily using the investment income earned
(excluding realized gains or losses) each day, assuming daily amortization and/or accretion of income of all fixed
income securities held by the Fund, less the administrative fee. The daily factor is reported on an annualized 7 -day
basis, using the daily factors from the previous 7 calendar days. The reportin g of a 7-day annualized yield based
solely on investment income which excludes realized gains or losses is an industry standard practice that allows for
the fair comparison of funds that seek to maintain a constant NAV of $1.00.
LGIP-MMF Actual Yield Factor
The LGIP-MMF actual yield factor is a net daily earnings figure that is calculated using the total net earnings
including realized gains and losses occurring each day, less the administrative fee.
Dividends
The LGIP-MMF’s dividends include any net realized capital gains or losses, as well as any other capital changes
other than investment income, and are declared daily and distributed monthly.
Distribution
The total net earnings of the LGIP-MMF will be declared daily and paid monthly to each pool participant’s account
in which the income was earned on a per-share basis. These funds will remain in the pool and earn additional
interest unless withdrawn and sent to the pool participant’s designated bank account as specified on the
Authorization Form. Interest earned will be distributed monthly on the first business day of the following month.
Monthly Statements and Reporting
On the first business day of every calendar month, each pool participant will be sent a monthly statement which
includes the pool participant’s beginning balance, contributions, withdrawals, transfers, administrative charges,
earnings rate, earnings, and ending balance for the preceding calendar month. Also included with the statement
will be the monthly enclosure. This report will contain information regarding the maturity structure of the portfolio
and balances broken down by security type.
Page 36 of 74
10
III. Management
The State Treasurer is the manager of the LGIP -MMF and has overall responsibility for the general management
and administration of the Fund. The State Treasurer has the authority to offer additional sub-pools within the LGIP
at such times as the State Treasurer deems appropriate in its sole discretion.
Administrator and Transfer Agent. The State Treasurer will serve as the administrator and transfer agent for the
Fund.
Custodian. A custodian for the Fund will be appointed in accordance with the terms of the LGIP Investment Policy.
IV. Miscellaneous
Limitation of Liability
All persons extending credit to, contracting with or having any cla im against the Fund offered in this Prospectus
shall look only to the assets of the Fund that such person extended credit to, contracted with or has a claim
against, and none of (i) the State Treasurer, (ii) any subsequent sub-pool, (iii) any pool participant, (iv) the LGIP, or
(v) the State Treasurer’s officers, employees or agents (whether past, present or future), shall be liable therefor.
The determination of the State Treasurer that assets, debts, liabilities, obligations, or expenses are allocable to the
Fund shall be binding on all pool participants and on any person extending credit to or contracting with or having
any claim against the LGIP or the Fund offered in this Prospectus. There is a remote risk that a court may not
enforce these limitation of liability provisions.
Amendments
This Prospectus and the attached Investment Policy may be amended from time to time. Pool participants shall
receive notice of changes to the Prospectus and the Investment Policy. The amended and restated documents will
be posted on the State Treasurer website: www.tre.wa.gov.
Should the State Treasurer deem appropriate to offer additional sub-pools within the LGIP, said sub-pools will be
offered by means of an amendment to this prospectus.
LGIP-MMF Contact Information
Internet: www.tre.wa.gov Treasury Management System/TMS
Phone: 1-800-331-3284 (within Washington State)
Mail: Office of the State Treasurer
Local Government Investment Pool
PO Box 40200
Olympia, Washington 98504
FAX: 360-902-9044
Page 37 of 74
LOCAL GOVERNMENT INVESTMENT POOL
TRANSACTION AUTHORIZATION FORM
Please fill out this form completely, including any existing information, as this form will replace the previous form.
Name of Entity: City of Pasco Mailing Address: 525 N. 3rd Avenue
Pasco, WA 99301 Fax Number:
E-mail Contact:
Statements can only be emailed ONE address due to system restrictions. We will use the address listed above.
Please note – if you choose to receive statements via email and/or fax.
Bank account where funds will be wired when a withdrawal is requested.
(Note: Funds will not be transferred to any account other than that listed).
Bank Name:
Branch Location:
Bank Routing Number:
Account Number:
Account Name:
Persons authorized to make deposits and withdrawals for the entity listed above.
Name Title Signature Telephone Number
Richa Sigdel Finance Director 509-544-3065
By signature below, I certify I am authorized to represent the institution/agency for the purpose of this transaction.
(Authorized Signature) (Title) (Date)
(Print Authorized Signature) (E-mail Address) (Telephone number)
Any changes to these instructions must be submitted in writing to the Office of the State Treasurer. Please mail
this form to the address listed below:
OFFICE OF THE STATE TREASURER
LOCAL GOVERNMENT INVESTMENT POOL
PO BOX 40200
OLYMPIA, WA 98504-0200
FAX: (360) 902-9044
Date Received: ____ / ____ / _____
Fund Number: ____________
(for LGIP use only)
State of Washington )
County of ) SS.
Signed or attested before me by .
Dated this ___ day of ___________, 20__.
Signature of Notary
SEAL OR STAMP
Typed or printed name of Notary
Notary Public in and for the State of Wash.
My appointment expires:
Email Fax
Page 38 of 74
AGENDA REPORT
FOR: City Council April 10, 2019
TO: Dave Zabell, City Manager Regular Meeting: 4/15/19
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Hearing Examiner System for Land Use Permits (MF# CA2018-007)
I. REFERENCE(S):
Proposed Ordinance Amending Title 2 of the PMC
Proposed Ordinance Amending Title 21 of the PMC
Proposed Ordinance Amending Title 25 of the PMC
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION 1: I move to adopt Ordinance No. _____, relating to the use of a hearing
examiner and Amending PMC 2.50.080 “Powers” Relating to the Hearing Examiner,
and further, authorize publication by summary only.
MOTION 2: I move to adopt Ordinance No. ____, relating to the use of a hearing
examiner and amending PMC 21.25.050 “Public Hearing Required”; Repealing PMC
21.25.060 21.25.070 PMC Amending Commission “Planning Recommendation”;
“Findings of Fact”: Repealing PMC 24.25.080 “City Council Consideration”;
Dec“Notice 21.25.090 PMC Amending of Amending 21.25.100 PMC ision”;
“Adjustments of an Approved Preliminary Plat”; Amending PMC 21.25.110 “Large
Developments” a Relating to Use of Hearing Examiner; and Amending PMC
21.30.010 “Application” and further, authorize publication by summary only.
MOTION 3: I move to adopt Ordinance No. _____, relating to the use of a hearing
examiner and amending PMC Title 25 "Zoning," and further, authorize publication by
summary only.
III. FISCAL IMPACT:
The fee structure for land use applications will remain in place as currently codified.
Once experience with the conduct of public hearings and rendering of decisions by the
hearing examiner is obtained, staff will reassess applicable fees and return to Council
for direction if the public subsidy for processing land use applications increases or
decreases.
Page 39 of 74
IV. HISTORY AND FACTS BRIEF:
At the Council Workshop in October 2018, City Council concurred that incorporating
the use of a hearing examiner system for additional responsibilities in land use and
project permitting was a preferred course for the City. City Council also concurred that
the hearing examiner system (including the rendering of final decisions on applicable
land use actions) would increase expediency and decrease liability in land use and
project permitting. Toward that end, staff has prepared revisions to Pasco Municipal
Code Title 2 (Administration and Personnel - Powers of the Hearing Examiner); Title
21 (Pasco Urban Area Subdivision regulations) and Title 25 (Zoning);
At present, the hearing examiner duties include:
• Variances, review of administrative actions, waiver of violations, extension on
use of borders of zoning districts and administrative exceptions;
• Appeals of administrative decisions;
• SEPA appeals;
• Vehicle impounds; and,
• Appeals of decisions of the Poundmaster and Business license revocations,
appeals and reinstatement.
In November and December of 2018 the Planning Commission conducted a workshop
on expansion of the hearing examiner duties and held a public hearing on the proposed
code revisions necessary to accommodate that process. The Planning Commission
recognized that use of a hearing examiner for additional land use and project permitting
would reserve for the Commission:
• Comprehensive Plan development and review;
• Master Plans/special planning projects or design standard developments;
• Shoreline Management Plan development and review;
• Annexation Zoning;
• Development Agreements;
• Code Amendments; and
• Block Grant and HOME Advisory Committee recommendations.
The Commission has forwarded a recommendation to Council for approval of the
attached code amendments. Since the Planning Commission consideration late last year
and the January 2019 update to Council - staff has requested proposals from the
Hearing Examin service professional a prepared Association of ers Washington,
agreement and scope of work, chosen a hearing examiner and prepared the attached
ordinances revising applicable sections of the PMC.
V. DISCUSSION:
Page 40 of 74
The enhanced hearing examiner process will affect the submittal of special/conditional
use permits and preliminary plats in that the examiner will conduct the public hearing
and issue a final decision. The examiner will also conduct the public hearing for
rezone requests and forward a recommendation to City Council, as decision making
authority for rezones is vested in Council by state law.
The hearing examiner contract is effective May 1, 2019 with the first hearing examiner
business meeting to occur on June 12, 2019 (and thereafter on the second Wednesday
of the month as needed).
Staff recommends Council approval of the proposed ordinances as expanding the use
of a hearing examiner for land use and project permitting will decrease processing time
and liability potential and increase Planning Commission resources for detailed
comprehensive planning.
Page 41 of 74
Page 1 of 3
ORDINANCE NO. ______
AN ORDINANCE of the City of Pasco, Washington,
Amending PMC 2.50.080 “Powers” Relating to the Hearing Examiner
WHEREAS, cities have the responsibility to regulate and control the physical development
within their borders and to ensure public health, safety and welfare are maintained; and
WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and
development; and
WHEREAS, over time, regulations and case law have evolved to produce a complicated
administration process related to land use; and
WHEREAS, use of politically appointed or elected officials administering land use law has
become prone to liability and complicated land use and project approval decisions; and
WHEREAS, use of a hearing examiner system has proven to be an advantageous revision to
municipalities in the area of land use regulations; and
WHEREAS, a hearing examiner is a specifically trained individual that is experienced in the
knowledge and application of land use law and project permitting; and
WHEREAS, use of a hearing examiner system can reduce the liability exposure of the City
and increase the resources that the City Council and Planning Commission can concentrate on policy
decisions; and
WHEREAS, the City Council has determined that to further the purposes of comprehensive
planning and to maintain and protect the welfare of the community, it is necessary to amend Chapter
2.50 PMC to establish increase decision authority for the hearing examiner, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. That Section 2.50.080 entitled “Powers” of the Pasco Municipal Code shall be
and hereby is amended and shall read as follows:
2.50.080 POWERS. The examiner shall receive and examine available information,
conduct public hearings and prepare a record thereof, and enter decisions as provided f or herein. The
examiner, subject to the appropriate conditions and safeguards as provided by the Pasco Municipal
Code, shall hear and decide:
(1) Land use decisions including preliminary plats, special and conditional use permits,
planned density developments, recreational vehicle parks, wineries, variances, review of administrative
actions, waiver of violations, extension of use on border of district, and administrative exceptions as
provided in PMC 25.84.020. The examiner may also conduct hearings and prepare recommendations
for City Council consideration of rezone and planned unit development applications.
Page 42 of 74
Page 2 of 3
(2) Administrative Decisions. Appeals of administrative decisions or determinations may
be heard by the examiner as directed by the City Manager, City Council or by ordinance.
(3) SEPA Appeals. Appeals of administrative decisions and determinations made pursuant
to Chapter 43.21C RCW may be heard by the examiner.
(4) Vehicle Impounds. The examiner shall conduct vehicle impound hearings as provided
in Chapter 10.25 PMC.
(5) Criminal Seizure and Forfeiture Hearings. The examiner may, as designee of the Chief
Law Enforcement Officer of the City of Pasco, conduct seizure and forfeiture hearings as provided in
RCW 10.105.010.
(6) Animal Code - Wild, Potentially Dangerous or Dangerous Animals. The examiner
shall hear the appeal of any owner of an animal determined by the Poundmaster to be a dangerous or
potentially dangerous animal as provided in Chapter 6.05 PMC.
(7) Hear revocations, appeals, and requests for reinstatement of business license under
PMC Title 5.
(8) Hear appeals of a Right-of-Way Use Permit, Construction Permit, or the renewal or
conditioning thereof.
(8)(9) Other Powers. In the performance of duties prescribed by this Chapter or other
ordinances, examiners may:
(a) Administer oaths and affirmations, examine witnesses, rule upon offers of
proof, receive relevant evidence, and conduct discovery procedures which may include
propounding interrogatories and taking oral depositions pursuant to Washington State Court
Rules; provided, that no person shall be compelled to divulge information which he could not
be compelled to divulge in a court of law.
(b) Upon the request of any other party, or upon his own volition, issue, and cause
to be served subpoenas to the attendance of witnesses and for production of examination of
any books, records, or other information in the possession or under the control of any witness;
provided, that such subpoenas shall state the name and address of the witness sought, and if for
production of books, documents or things, shall specifically identify the same and the relevance
thereof to the issues involved.
(c) Regulate the course of the hearing in accordance with this and other applicable
ordinances.
(d) Hold conferences for the settlement or simplification of the issues by consent
of the parties.
(e) Dispose of procedural requests or similar matters.
(f) Take any other action authorized by ordinance. In case of failure or refusal
without lawful excuse of any person duly subpoenaed to attend pursuant to said subpoena, or
Page 43 of 74
Page 3 of 3
to be sworn, or to answer any material and proper question, or to produce upon reasonable
notice any material of proper books or records or other information in his possession and under
his control, the examiner may invoke the aid of the City Attorney who shall apply to the
appropriate court for an order or other court action necessary to secure enforcement of the
subpoena.
(g) The examiner is hereby empowered to act in lieu of the Code Enforcement
Board, and such officials, boards or commissions as may be assigned. Wherever existing
ordinances, codes or policies authorize or direct the Code Enforcement Board, or other
officials, boards or commissions to undertake certain activities which the examiner has been
assigned, such ordinances, codes or policies shall be construed to refer to the examiner.
(h) The examiner may, as a part of any land use hearing, conduct an unescorted
view of the subject property and shall report on the record the date, time and general location
of the view. [Ord. 4347, 2017; Code 1970 § 2.19.080.]
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:
__________________________________ __________________________________
Angela Pashon, Interim City Clerk Kerr Ferguson Law, PLLC, City Attorney
Page 44 of 74
Page 1 of 5
ORDINANCE NO. ______
AN ORDINANCE of the City of Pasco, Washington,
Amending PMC 21.25.050 “Public Hearing Required”; Repealing
PMC 21.25.060 “Planning Commission Recommendation”;
Amending PMC 21.25.070 “Findings of Fact”: Repealing PMC
24.25.080 “City Council Consideration”; Amending PMC
21.25.090 “Notice of Decision”; Amending PMC 21.25.100
“Adjustments of an Approved Preliminary Plat”; Amending PMC
21.25.110 “Large Developments” Relating to Use of a Hearing
Examiner; and Amending PMC 21.30.010 “Application”
WHEREAS, cities have the responsibility to regulate and control the physical
development within their borders and to ensure public health, safety and welfar e are maintained;
and
WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and
development; and
WHEREAS, over time, regulations and case law have evolved to produce a complicated
administration process related to land use; and
WHEREAS, use of politically appointed or elected officials administering land use law
has become prone to liability and complicated land use and project approval decisions; and
WHEREAS, use of a hearing examiner system has proven to be an advantageous revision
to municipalities in the area of land use regulations; and
WHEREAS, a hearing examiner is a specifically trained individual that is experienced in
the knowledge and application of land use law and project permitting; and
WHEREAS, use of a hearing examiner system can reduce the liability exposure of the
City and increase the resources that the City Council and Planning Commission can concentrate
on policy decisions; and
WHEREAS, the City Council has determined that to further the purposes of
comprehensive planning and to maintain and protect the welfare of the community, it is necessary
to amend PMC Title 26 to establish increase decision authority for the hearing examiner, NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 21.25.050 entitled “Public Hearing Required” of the Pasco
Municipal Code shall be and hereby is amended to read as follows:
Page 45 of 74
Page 2 of 5
21.25.050 PUBLIC HEARING REQUIRED.
(1) Upon receipt of a fully completed application for preliminary plat approval, a date
shall be set for an open record pre-decision hearing before the Hearing Examiner Planning
Commission at the next regular meeting for which adequate notice can be given.
(2) Any notice of public hearing required by this section shall include the hour and
location of the hearing and a description of the property to be subdivided. The description may be
in the form of either a vicinity location sketch or a written description other than a legal description.
(3) At a minimum, a notice of the pre-decision open record hearing is to be given in
the following manner:
(a) Notice shall be published not less than 10 14 days prior to the hearing in a
newspaper of general circulation within Franklin County;
(b) Notice shall be mailed to the owners of real property, as shown by the
records of the County Assessor, located within 300 feet of any portion of the boundary of
the proposed subdivision;
(c) Where the proposed subdivision adjoins the municipal boundaries of the
City of Pasco notice shall be mailed to the appropriate county officials;
(d) Where the proposed subdivision is located adjacent to the right-of-way of a
state highway notice shall be mailed to the Washington State Department of
Transportation; and
(e) Where the proposed subdivision is located within two miles of a publicly
owned airport, notice shall be mailed to the Washington State Secretary of Transportation.
[Ord. 3398 § 2, 1999; Code 1970 § 26.24.050.]
Section 2. That Section 21.25.060 entitled “Planning Commission Recommendation”
of the Pasco Municipal Code shall be and hereby is repealed in its entirety.
21.25.060 PLANNING COMMISSION RECOMMENDATION. After a open
record pre-decision hearing on a proposed preliminary plat, the Planning Commission shall render
a recommendation within fourteen (14) days to the City Council as to whether the proposal based
on the findings shall be denied, approved or approved with modifications or conditions. [Ord. 3398
§ 2, 1999; Code 1970 § 26.24.060.]
Section 3. That Section 21.25.070 entitled “Findings of Fact” of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
21.25.070 060 FINDINGS OF FACT. Upon conclusion of the public hearing, the Hearing
Examiner Planning Commission shall approve the preliminary plat with or without conditions or
deny the preliminary plat. The Hearing Examiner shall make and enter into findings from the
record and conclusions thereof as to whether or not:
Page 46 of 74
Page 3 of 5
(1) Adequate provisions are made for the public health, safety and general welfare and
for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes,
parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking
conditions for students and other public needs;
(2) The proposed subdivision contributes to the orderly development and land use
patterns in the area;
(3) The proposed subdivision conforms to the policies, maps and narrative text of the
Comprehensive Plan;
(4) The proposed subdivision conforms to the general purposes of any applicable
policies or plans which have been adopted by the City Council;
(5) The proposed subdivision conforms to the general purposes of this title;
(6) The public use and interest will be served by approval of the proposed subdivision.
[Ord. 3398 § 2, 1999; Code 1970 § 26.24.070.]
Section 4. That Section 24.25.080 entitled “City Council Consideration” of the Pasco
Municipal Code shall be and hereby is repealed in its entirety.
21.25.080 CITY COUNCIL CONSIDERATION. (1) Unless a proper and timely
appeal is filed or the City Council by majority vote deems further review is necessary, the
recommendation of the Planning Commission shall be confirmed by a resolution of the City
Council without further review. In the event of an appeal or the City Council deems further review
is necessary, it shall conduct a closed record hearing, notice of which shall be given in accordance
with Section 26.24.050.
(2) In those cases that require further review, the City Council shall at the conclusion
of such a closed record hearing make and enter findings of fact following the review criteria of
26.24.070 and take one of the following actions:
(a) Approve the preliminary plat with or without conditions;
(b) Deny the preliminary plat. [Ord. 3398 § 2, 1999; Code 1970 § 26.24.080.]
Section 5. That Section 21.25.090 entitled “Notice of Decision” of the Pasco
Municipal Code shall be and hereby is amended to read as follows:
21.25.090 070 NOTICE OF DECISION. Following adoption of a resolution approving
or denying a preliminary plat, the applicant shall be notified of the City Council’s Hearing
Examiner’s action. The notice shall be accompanied by a copy of the adopted resolution and shall
also inform the applicant of applicable time limitations for final plat submittal if the preliminary
plat was approved. The approved preliminary plat does not constitute an acceptance of the
Page 47 of 74
Page 4 of 5
subdivision, but is deemed to be an authorization to proceed with preparation of the final plat.
[Ord. 3398 § 2, 1999; Code 1970 § 26.24.090.]
Section 6. That Section 21.25.100 entitled “Adjustments of an Approved Preliminary
Plat” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
21.25.100 080 ADJUSTMENTS OF AN APPROVED PRELIMINARY PLAT.
(1) Minor Adjustments. Minor adjustments may be made and approved by the City
Planner. Minor adjustments are those which may affect the precise dimensions of the plat but
which do not affect the basic character or arrangement of the lots and streets. The adjustments
cannot be inconsistent with the requirements of the preliminary plat approval. The adjustments
cannot cause the subdivision to be in violation of this title, the zoning ordinance, any other
applicable City land use controls, Chapter 58.17 RCW, or any other applicable state law or
regulation.
(2) Major Adjustments. Major adjustments are those, when determined by the City
Planner, that substantially change the basic design, layout, open space or other requirements of the
plat. When the City Planner determines a change constitutes a major adjustment, a new application
for a preliminary plat is required and shall be processed as a new and separate application.
(3) Time Limitations. A preliminary plat shall be valid for a five-year period following
City Council Hearing Examiner approval of the preliminary plat. [Ord. 3398 § 2, 1999; Code 1970
§ 26.24.100.]
Section 7. That Section 21.25.110 entitled “Large Developments” of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
21.25.110 090 LARGE DEVELOPMENTS. In order to discourage premature subdivision
and unfeasible improvements of streets, the following procedure is provided for:
(1) When a developer or group of developers have in their control an area of land which
they wish to plat, but of such a large size that the sale of a majority of the lots in the area would
take more than a year, they may cause to be prepared a preliminary plat for the entir e area of
development;
(2) On such preliminary plat, development divisions may be designated;
(3) Upon approval of the preliminary plat, the developer may cause to be prepared a
final plat for one or more development divisions, provided the order of development allows for the
provision of utilities and streets with proper alignment with existing and future utilities and streets;
(4) Each development division shall be considered as a final plat and provisions of
these regulations shall be complied with for such development division. [Ord. 3398 § 2, 1999;
Code 1970 § 26.24.110.]
Page 48 of 74
Page 5 of 5
Section 8. That Section 21.30.010 entitled “Application” of the Pasco Municipal Code
shall be and hereby is amended and shall read as follows:
21.30.010 APPLICATION.
(1) Except as provided in subsection (2) of this section, a final plat meeting all of the
requirements of this Chapter shall be submitted to the City Planner Planning Division for approval
within seven years of the date of the preliminary plat approval if the date of the preliminary plat
approval was on or after January 1, 2008 but before December 31, 2014, and within five years of
the date of preliminary plat approval, if the date of preliminary plat approval was on or after
January 1, 2015.
(2) A final plat meeting all requirements of this Chapter shall be submitted to the City
Planner Planning Division for approval within 10 years of the date or preliminary plat approval if
the project is within the City limits, not subject to the requirements adopted under Chapter 90.48
RCW (Shoreline Management Plan), and the date of the preliminary plat approval was on or before
December 31, 2007.
(3) A complete application for final plat approval shall consist of ten full -sized, four
11x17 paper copies and an electronic copy of the plat. The paper copies together with such
supplementary information and certificates which may be required shall be submitted to the City
Planner Planning Division at least twenty ten days prior to the date sought for final plat approval.
Following written notification of corrections or modifications necessary for the final plat, if any,
the applicant shall submit a signed, dated and stamped mylar drawing of the subdivision with an
updated electronic copy and the applicable bonding instrument as identified in PMC 21.30.050. A
bond will only be needed if there are outstanding improvements to complete. (Ord. 4383, 2018;
Ord. 4107, 2013; Ord. 4056, 2012; Ord. 3398 Sec. 2, 1999.)
Section 9. 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:
__________________________________ __________________________________
Angela Pashon, Interim City Clerk Kerr Ferguson Law, PLLC, City Attorney
Page 49 of 74
Page 1 of 12
ORDINANCE NO. ______
AN ORDINANCE of the City of Pasco, Washington,
Relating to Use of a Hearing Examiner and Zoning Amending PMC
Title 25 “Zoning”
WHEREAS, cities have the responsibility to regulate and control the physical
development within their borders and to ensure public health, safety and welfare are maintained;
and
WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and
development; and
WHEREAS, over time, regulations and case law have evolved to produce a complicated
administration process related to Title 25 of the Pasco Municipal Code; and
WHEREAS, use of politically appointed or elected officials administering land use law
has become prone to liability and complicated land use and project approval decisions; and
WHEREAS, use of a hearing examiner system has proven to be an advantageous revision
to municipalities in the area of land use regulations; and
WHEREAS, a hearing examiner is a specifically trained individual that is experienced in
the knowledge and application of land use law and project permitting; and
WHEREAS, use of a hearing examiner system can reduce the liability exposure of the
City and increase the resources that the City Council and Planning Commission can concentrate
on policy decisions; and
WHEREAS, the City Council has determined that to further the purposes of
comprehensive planning and to maintain and protect the welfare of the community, it is necessary
to amend PMC Title 25 to establish increase decision authority for the hearing examiner, NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 25.140.090 of the Pasco Municipal Code titled “Procedure for
Approval of Planned Unit Developments” shall be and hereby is amended to read as follows:
25.140.090 PROCEDURE FOR APPROVAL OF PLANNED UNIT
DEVELOPMENTS. The approval of a planned unit development shall be by the City Council,
upon recommendation of the Planning Commission Hearing Examiner, and shall be processed in
accordance with the following procedures:
(1) Who May Apply. Any owner or group of owners of contiguous property acting
jointly may submit an application for a PUD.
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Page 2 of 12
(2) Pre-application. Prior to the acceptance of an application for PUD approval a pre-
application conference between representatives of the city and the potential applicant is required.
This conference shall be set by the Planning Department at the request of the potential applicant.
The purpose of the pre-application conference is to acquaint the applicant with various code
requirements affecting PUD districts.
(3) Application. The applicant shall file a PUD district application for preliminary plan
approval with the City Planner Planning Division. All applications will be processed in accordance
with the provisions of Chapter 25.210 PMC. The application shall be accompanied by the
following:
(a) A filing fee in an amount equal to the rezone fee;
(b) A completed SEPA checklist;
(c) A vicinity map; and
(d) Twelve copies of maps and drawings comprising the preliminary plan.
(4) Preliminary Plan. The preliminary PUD district plan shall indicate or include the
following:
(a) Written documents including but not limited to:
(i) A legal description;
(ii) Statement of present ownership;
(iii) Statement of intent, including any plans for selling or renting the
property;
(iv) A timetable of development, including a phasing schedule if project
will be developed in phases;
(v) Provisions to assure maintenance of all common areas; and
(vi) Proposed restrictive covenants, if any.
(b) Relationship of the property to the surrounding area including identification
of land use and zoning of both the site and vicinal properties.
(c) Names and dimensions of streets bounding, traversing or touching upon the
site.
(d) Location and width of proposed streets and pedestrian ways, arrangement
of common off-street parking and recreational vehicle storage areas.
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(e) Location, layout and conceptual landscape design of all common yards,
open space and recreational areas.
(f) Proposed method of street lighting and signing.
(g) Existing and proposed utility systems, including irrigation plan.
(h) Existing site conditions, showing contours at five-foot intervals and location
of significant geographic features.
(i) Approximate building locations, buildable areas and building heights.
(5) Public Hearing Before the Planning Commission Hearing Examiner. Following a
public hearing, the Planning Commission Hearing Examiner may recommend approval or denial
of the application and accompanying PUD plans or may recommend imposition of such conditions
of approval as are necessary to insure conformity to all applicable regulations and the purposes of
the PUD district. A PUD may be recommended for approval only when it has been determined
that:
(a) The PUD district development will be compatible with nearby
developments and uses.
(b) Peripheral treatment insures proper transition between PUD uses and
nearby external uses and developments.
(c) The development will be consistent with the comprehensive plan and the
purposes of the PUD district.
(d) The public health, safety and welfare have been served. [Ord. 3354 § 2,
1999; Code 1970 § 25.62.090.]
Section 2. That Section 25.140.110 entitled “Preliminary PUD Approval Expiration”
of the Pasco Municipal Code shall be and hereby is amended to read as follows:
25.140.110 PRELIMINARY PUD APPROVAL EXPIRATION. Preliminary PUD
approval shall be effective for five years from the date of approval by the City Council during
which time a final PUD or the first phase of a staged PUD shall be submitted for approval. If the
final PUD or initial phase is not submitted within the five-year approval period, the preliminary
PUD shall be null and void, unless the City Council Hearing Examiner grants an extension not to
exceed a one-year period. A one-year extension of the preliminary PUD approval does not require
a public hearing. In a phased PUD, successive phases are to be approved and constructed within
five years of the previously approved phase. [Ord. 3354 § 2, 1999; Code 1970 § 25.62.110.]
Section 3. That Section 25.140.120 of the Pasco Municipal Code entitled “Final PUD
Application” shall be and hereby is amended to read as follows:
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25.140.120 FINAL PUD APPLICATION. After receiving preliminary approval, the
applicant may submit a detailed final development plan in conformity to the approved preliminary
PUD. The procedures for final PUD approval shall be as those prescribed for preliminary PUD
approval in PMC 25.140.090 except the Planning Commission Hearing Examiner review is not
required for final PUD approval under this section. Detailed development plans shall contain the
following information:
(1) Vicinity map;
(2) A detailed site plan in conformance with the approved preliminary plan showing
land uses and vehicular and pedestrian circulation;
(3) Boundary survey of the entire property or the development phase;
(4) Construction specification for streets and pedestrian ways, including a typical
roadway section showing location of all utilities;
(5) Location and height of all buildings indicating either the dimensions or the limits
within which buildings will be constructed;
(6) Preliminary engineering plans for water, sewer, storm drainage, electric power,
telephone and gas;
(7) Preliminary subdivision plat if the property is to be subdivided;
(8) Landscape plans for open space, common areas, streets, pedestrian ways and
recreational facilities;
(9) Location, arrangement and dimensions of parking facilities and loading areas;
(10) Preliminary architectural plans and elevations of typical buildings and structures;
and
(11) Covenants, property owner agreements or other provisions, which will govern the
use, maintenance and perpetual care of the PUD and all of its open space and property held in
common. [Ord. 3354 § 2, 1999; Code 1970 § 25.62.120.]
Section 4. That Section 25.140.140 of the Pasco Municipal Code entitled “Changes and
Modifications” shall be and hereby is amended to read as follows:
25.140.140 CHANGES AND MODIFICATIONS.
(1) Major changes in the approved final development plan shall be considered as a new
application for preliminary approval. Major changes include:
(a) Change in use;
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(b) Major realignment of vehicular circulation patterns;
(c) Increase in density or relocation of density pattern;
(d) Reduction of open space;
(e) Change in exterior boundaries, except survey adjustments;
(f) Increase in building height.
(2) The City Planner Planning Division may approve changes in the development plan
that are minor in nature and are consistent with the approved plan. [Ord. 3354 § 2, 1999; Code
1970 § 25.62.140.]
Section 5. That Section 25.145.080 of the Pasco Municipal Code entitled “Procedure”
shall be and hereby is amended to read as follows:
25.64.080 PROCEDURE.
(1) Any property owner or property owners may petition by application for a planned
density development designation. There shall be filed with the application a title report showing
an existing interest in the property by the applicant. Said title report shall also include the names
and addresses of all property owners within 300 feet of the exterior boundaries of the subject
property;
(2) The petition shall be presented to the City Planning Commission Hearing Examiner
who shall after public hearing make their recommendation to the City Council his/her decision in
writing as to whether the planned density development shall be approved, modified or denied. All
planned density developments shall be platted in accordance with PMC Title 21, Plats and
Subdivisions; and
(3) The City Council may, after receiving the recommendation of the Planning
Commission, designate by ordinance the planned density development and shall require said
designation to be entered on the preliminary plat; and
(4)(3) If the preliminary plat is not given final approval within five years from the date of
the public hearing at which approval was granted, the plat shall become invalid and approval for
the planned density development shall expired. [Ord. 3354 § 2, 1999; Code 1970 § 25.64.080.]
Section 6. That Section 25.160.100 of the Pasco Municipal Code entitled “Recreational
Vehicle Park Application Procedure” shall be and hereby is amended to read as follows:
25.160.100 RECREATIONAL VEHICLE PARK APPLICATION PROCEDURE.
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(1) The applicant shall make application at least 30 calendar days prior to the Planning
Commission meeting open record hearing at which action is desired; on forms provided by the
Planning Officer;
(2) The application shall include a $300 fee as established in PMC Title 3, be
accompanied by an environmental checklist with associated fee, and a report from a title insurance
company showing ownership of the property involved and a list of the names and addresses of all
owners of property within three hundred (300) feet of the proposed development;
(3) The application shall further be accompanied by 20 copies of a site plan which shall
be drawn at a scale of not less than 100 feet to the inch, and shall be clear and precise. If necessary,
the site plan can consist of more than one drawing. The site plan shall contain, but not necessarily
be limited to, the following:
(a) Name of the owner and operator, with address and phone numbers; and the
name of the proposed recreational vehicle park.
(b) Legal description of the subject tract of land.
(c) Name, address and phone number of the person or firm preparing the site
plan.
(d) Scale of the drawing and north arrow.
(e) The area and dimensions of the tract of land.
(f) The number, size and location of all recreational vehicle spaces.
(g) The number, location and size of all off-street parking spaces.
(h) The location and width of all streets and walkways.
(i) The location of service buildings, management offices, sanitary stations,
recreation areas, and any other proposed facilities or structures.
(j) Location of all utility easements.
(k) Specifications of the water supply, sewage disposal, electrical supply, and
refuse collection systems.
(l) Drainage plan (may be submitted on a separate drawing).
(m) Landscaping plan (may be submitted on a separate drawing).
(n) Topography at an appropriate contour interval unless specifically waived
by the City Engineer.
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(o) A vicinity map indicating the names and locations of all streets within at
least a quarter mile radius of the subject area.
(p)(o) Signage.
(q)(p) Fencing and screening.
(4) Special Permit Review. Once a complete application has been received by the City,
the Planning Office will schedule a hearing before the Hearing Examiner Planning Commission.
The application will then continue through the standard special permit process until a special
permit is approved or denied. [Ord. 3354 § 2, 1999; Code 1970 § 25.69.100.]
Section 6. That Section 25.165.210 of the Pasco Municipal Code entitled “Wineries”
shall be and hereby is amended to read as follows:
25.165.210 WINERIES. The following standards must be met or exceeded:
(1) Outdoor Storage. Outdoor storage of any kind, except wine storage, is prohibited
unless such storage is completely screened from public view by an opaque screening device.
Screening visible from public rights-of-way and less intense zoning districts shall be constructed
of brick, decorative concrete, natural stone, decorative masonry or cedar fencing material.
Screening shall be constructed and maintained at a sufficient height to visually screen all stored
materials;
(2) Utility Areas. All areas of the property used for loading and unloading purposes,
trash receptacles, transformers and utility purposes shall be visually screened as provided in
subsection (1) of this section;
(3) Landscape and Buffering. In addition to the landscape provisions of Chapter 25.180
PMC, the Planning Commission Hearing Examiner may require additional landscape features to
ensure the proposed winery will be in harmony with and not impair the value of present and future
development of adjacent lands. The spacing of shade trees in all buffer areas shall not be greater
than 30 linear feet. Buffer area trees shall be a caliper size of one and one-half inches at the
planting;
(4) Exterior Lighting. Exterior lighting shall be directed on site so as not to interfere
with the comfort and repose of adjoining property owners; and
(5) Building Design. The exterior of all structures shall be constructed of brick, natural
stone, exposed aggregate, decorative concrete, stucco, cedar siding or lap siding as approved by
the Planning Commission Hearing Examiner. Roofing materials may consist of composition
shingles, standing rib or delta rib, baked enamel metal roofs, or alternate as approved by the
Planning Commission. Hearing Examiner. [Ord. 3354 § 2, 1999; Code 1970 § 25.70.160.]
Section 6. That Section 25.195.020 of the Pasco Municipal Code entitled “Land Use
Decision Authority” shall be and hereby is amended to read as follows:
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25.195.020 LAND USE DECISION AUTHORITY. The Hearing Examiner shall
receive and examine available information, conduct public hearings, and prepare a record thereof,
and enter findings of fact, conclusions and a decision as provided for herein. The Hearing
Examiner shall hear and decide the following land use decisions:
(1) Variances. Applications for variances from the terms of this title; provided, that
any variance granted shall be subject to such conditions as will assure that the adjustment thereby
authorized shall not constitute a grant of special privilege inconsistent with the limitations upon
other properties in the vicinity and zoning which the subject property is situated, and that the
following circumstances are found to apply:
(a) Because of special circumstances applicable to the subject property,
including size, shape, topography, location of surroundings, the strict application of the
zoning ordinance is found to deprive subject property of rights and privileges enjoyed by
other properties in the vicinity and under identical zone classification.
(b) That the granting of the variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in the vicinity and zone in
which the subject property is situated.
(c) The special circumstances applicable to the subject property were not
created through the action(s) of the applicant or any predecessor in interest.
(2) Review - Administrative Action. Appeals may be heard by the examiner, where it
is alleged by the applicant that there is error in any order, requirement, permit, decision or
determination made by the City Planner in the administration or enforcement of this title. Where
the street or lot lay out actually on the ground, or as recorded, are different from the street and lot
lines as shown on the zoning map, the examiner, after notice to the owners of the property, and
after public hearings, shall interpret the map in such a way as to carry out the intent and purposes
of this title. In case of any questions as to the location of any boundary line between zoning
districts, a request for interpretation of the zoning map may be made to the examiner, and a
determination shall be made by the examiner.
(3) Waiver of Violations. Recognizing the fact that a building may be erected in good
faith with every intent to comply with the provisions of this title in respect to the location of the
building upon the lot and the size and location of required yards, and that it may later be determined
that such building does not comply in every detail with such requirements, although not violating
the spirit or intent of the zoning ordinance, the examiner may issue a waiver of violation subject
to such conditions as will safeguard the public health, safety, convenience and general welfare.
(4) Extension of Use on Border of District. The examiner may hear and approve the
extension of a use or building into a more restricted zone classification immediately adjacent
thereto, but not more than 30 feet beyond the dividing line of the two zone classifications, and
under such conditions as will safeguard development in the more restricted district.
(5) Administrative Exceptions. An administrative exception not to exceed one foot of
any dimensional standard pertinent to front yard, side yard, rear yard, flanking street, and building
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line may be granted by administrative action of the examiner without public hearing and without
posting or public notices.
(6) Land use decisions described in PMC 2.50.080. [Ord. 3765 § 4, 2006; Code 1970
§ 25.84.020.]
Section 7. That Section 25.195.030 of the Pasco Municipal Code entitled “Land Use
Application” shall be and hereby is amended to read as follows:
25.195.030 LAND USE APPLICATION. Applications for permits or approvals within
the jurisdiction of the hearing examiner shall be presented to the City Planner office of the Planning
Division. The City Planner shall accept such applications only if application shall be accepted
only if applicable filing requirements are met. The City Planner Planning Division shall be
responsible for assigning a date for and assuring due notice of public hearing for each application,
which date and notice shall be in accordance with the statute or ordinance governing the
application. [Ord. 3765 § 4, 2006; Code 1970 § 25.84.030.]
Section 8. That Section 25.195.040 of the Pasco Municipal Code entitled “Report of
Community and Economic Development Department for Land Use aAplication.” shall be and
hereby is amended to read as follows:
25.195.040 REPORT OF COMMUNITY AND ECONOMIC DEVELOPMENT
DEPARTMENT FOR LAND USE APPLICATION. For any land use issue coming before the
examiner, the Department of Community Development shall coordinate and assemble the reviews
of other City departments, governmental agencies, and other interested parties and shall prepare a
report summarizing the factors involved and the department's finding and recommendations. At
least seven calendar days prior to the scheduled hearing, the report shall be filed with the examiner
and copies thereof shall be mailed to the applicant and made available for public inspection.
Copies thereof shall be provided to interested parties upon payment of reproduction costs. In the
event that information to be provided by the applicant or other parties outside of City control has
not been provided in sufficient time for filing seven days in advance of the hearing, the Community
and Economic Development Department may reschedule the hearing and notify interested parties.
[Ord. 3765 § 4, 2006; Code 1970 § 25.84.040.]
Section 9. That Section 25.200.070 of the Pasco Municipal Code entitled “Public Hearing
required” shall be and hereby is amended to read as follows:
25.200.070 PUBLIC HEARING REQUIRED. Upon the filing of a complete
application for a special permit, the application shall be scheduled for an open record pre-decision
hearing before the Planning Commission Hearing Examiner. Notice of such open record hearing
shall be given as provided for in PMC 25.210.040, except that in the case of commercial
agricultural uses, the notification distance shall be increased to 1,000 feet. The open record hearing
may be continued as deemed necessary by the Planning Commission Hearing Examiner, provided
the applicant consents to any such continuance. In the event the applicant does not consent to a
continuance, the Planning Commission Hearing Examiner shall close the public hearing and render
a decision recommendation to the City Council in accordance with the provisions of PMC
25.200.080 and 25.200.100. [Ord. 3354 § 2, 1999; Code 1970 § 25.86.050.]
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Section 9. That Section 25.200.080 of the Pasco Municipal Code entitled “Findings of
fact by Planning Commission” shall be and hereby is amended to read as follows:
25.200.080 FINDINGS OF FACT BY PLANNING COMMISSION HEARING
EXAMINER. Upon conclusion of the open record predecision hearing, the Hearing Examiner
Planning Commission shall make and enter findings from the record and conclusions thereof as to
whether or not:
(1) The proposal is in accordance with the goals, policies, objectives, maps and/or
narrative text of the Comprehensive Plan;
(2) The proposal will adversely affect public infrastructure;
(3) The proposal will be constructed, maintained and operated to be in harmony with
the existing or intended character of the general vicinity;
(4) The location and height of proposed structures and the site design will discourage
the development of permitted uses on property in the general vicinity or impair the value thereof;
(5) The operations in connection with the proposal will be more objectionable to
nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would
be the operation of any permitted uses within the district; and
(6) The proposal will endanger the public health, or safety if located and developed
where proposed, or in any way will become a nuisance to uses permitted in the district. [Ord. 3354
§ 2, 1999; Code 1970 § 25.86.060.]
Section 10. That Section 25.200.090 of the Pasco Municipal Code entitled
“Supplemental Findings of Fact and Conclusions by Planning Commission for Shops/Garages”
shall be and hereby is amended to read as follows:
25.200.090 SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS BY
PLANNING COMMISSION HEARING EXAMINER FOR SHOPS/GARAGES. In addition to
making and entering conclusions from the record for special permits based on the criteria in PMC
25.200.080 the Planning Commission Hearing Examiner shall consider the following for special
permits dealing with increased heights and/or floor area for detached shops and garages:
(1) Will the shop/garage match the principle structure in design and exterior treatments
such as roofing materials, siding, color, window and door openings, eave overhangs, fenestrations
and other architectural features;
(2) Will the existing topography and elevation of the site and surrounding property
exacerbate or attenuate the height of the proposed shop/garage;
(3) Will the proposal include landscaping features or berms to ameliorate the height
and/or floor area of the shop/garage;
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(4) Will the shop/garage be erected on the property utilizing minimum setbacks;
(5) Is the site larger than the minimum lot size requirement for the zoning district. [Ord.
4144 § 8, 2014; Ord. 4110 § 30, 2013; Code 1970 § 25.86.065.]
Section 11. That Section 25.200.100 of the Pasco Municipal Code entitled
“Recommendation of Planning Commission” shall be and hereby is repealed in its entirety.
Section 12. That Section 25.200.110 of the Pasco Municipal Code entitled “Appeal –
Filing requirements” shall be and hereby is repealed in its entirety.
Section 13. That Section 25.200.120 of the Pasco Municipal Code entitled “City Council
consideration” shall be and hereby is repealed in its entirety.
Section 14. That Section 25.200.130 of the Pasco Municipal Code entitled “Effective date”
shall be and hereby is repealed in its entirety.
Section 15. That Section 25.200.150 of the Pasco Municipal Code entitled “Extensions”
shall be and hereby is amended to read as follows:
25.200.150 EXTENSIONS. The City Council Hearing Examiner may grant a one-time
extension without a public hearing provided the extension does not exceed six months and an
application for extension is submitted to the City Planner Hearing Examiner no later than 30 days
prior to the expiration date of the special permit. This provision does not apply to temporary
special permits. [Ord. 4110 § 30, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.86.120.]
Section 16. That Section 25.200.160 of the Pasco Municipal Code entitled “Revocation
of Permit” shall be and hereby is amended to read as follows:
25.200.160 REVOCATION OF PERMIT. Any special permit may be revoked by the
City Council Hearing Examiner if, after a public hearing, notice of which shall be given in
accordance with PMC 25.210.040, it is found that the conditions upon which the special permit
was authorized have not been fulfilled or if the use authorized has changed in size, scope, nature
or intensity so as to become a detriment to the surrounding area. The decision of the City Council
is final. (Ord. 3354 Sec. 2, 1999.)
Section 17. That Section 25.210.040 of the Pasco Municipal Code entitled “Notice
Requirements” shall be and hereby is amended to read as follows:
25.210.040 NOTICE REQUIREMENTS. At least 10 14 days’ notice of time, place and
general purpose of any open record hearing required by this chapter shall be published in a
newspaper of general circulation in the City. In addition thereto, written notice of the hearing shall
be mailed to each property owner of record within 300 feet of the boundaries of the area proposed
to be changed or altered. Owners of record shall be determined by a title company report or report
from the Franklin County Assessor’s Office not more than 30 calendar days preceding the date of
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publication. Substantial compliance shall be deemed to be full and sufficient compliance. [Ord.
3354 § 2, 1999; Code 1970 § 25.88.040.]
Section 18. 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:
__________________________________ __________________________________
Angela Pashon, Interim City Clerk Kerr Ferguson Law, PLLC, City Attorney
Page 61 of 74
AGENDA REPORT
FOR: City Council April 10, 2019
TO: Dave Zabell, City Manager Regular Meeting: 4/15/19
FROM: Steve Worley, Director
Public Works
SUBJECT: Franklin Conservation District Interlocal Agreement Amendment No. 2
I. REFERENCE(S):
Interlocal Cooperative Agreement
Amendment 1 to the Interlocal Cooperative Agreement
Amendment 2 to the Interlocal Cooperative Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Amendment No. 2 to the Interlocal Cooperative
Agreement with the Franklin Conservation District and, further, authorize the City
Manager to execute the agreement.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The City and Franklin Conservation District have previously entered into an Interlocal
Cooperative Agreement dated June 15, 2016; and Amendment No. 1 dated May 24,
2017.
Amendment No. 1, signed May 24, 2017, provided for the assistance in preparation and
oversight of water right applications, guidance and recommendation of changes and/or
transfers of water right applications, points of diversion, and water use, ultimately
leading to the preparation of Proof Reports of Examination and Record of Decision
documents required by Washington State Department of Ecology for change/transfer
application of water right use.
This extension will allow continued effort toward perfection of water rights, proper
Page 62 of 74
appropriation of water rights between points of diversion, and case specific guidance
on the development, transfer, or acquisition of future unknown water right issues.
V. DISCUSSION:
Staff recommends the approval of Amendment No. 2 to the Interlocal Cooperative
Agreement with the Franklin Conservation District.
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FILED FOR RECORD AT REQUESTOF:
City of Pasco,Washington
WHEN RECORDED RETURN TO:AFN #134755?AGREE
525 North 3rd Matt Beaten,Auditor
Pasco WA 99301 Franklin Co..WA
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN THE CITY OF PASCO AND
THE FRANKLIN CONSERVATION DISTRICT
THIS INTERLOCAL COOPERATIVE AGREEMENT,is made and entered
into this /5/day of 29¢;/)8/’2016,pursuant to the Interlocal
Cooperation Act,RCW 39.34,by and between the City of Pasco,a municipal
corporation of the State of Washington,hereinafter referred to as the “City”and
Franklin Conservation District,a governmental subdivision of this State,and a public
body corporate and politic,hereinafter called the “District”.
WHEREAS,the City of Pasco possesses certain specialized water rights that it
desires to have changed into water rights that it may use for municipal purposes;and
WHEREAS,the City of Pasco desires to contract with the Franklin County
Conservation District to collect and assemble necessary information and to prepare
reports necessary for the applications for the change/transfer of such water rights.
NOW,THEREFORE,in considerationof mutual covenant contained herein,it
is agreed by and between the Parties hereto as follows:
1.Scope of Work.
A)The District’s obligations shall be:
1)Collect and assemble the technical information necessary and
prepare the Report of Examination (ROE)and Record of Decision (ROD)
required for change/transfer application numbers FRAN-16-01,FRAN-16-O2,
FRAN-16-O3,FRAN-16-04,FRAN-16-O5,FRAN-16-06,and FRAN-16-07 for
water rights G3-24546P,G3-25l75P,G3—20245P,G3-20247P,G3-2249lP,G3-
Interlocal Agreement —City of Pasco
and Franklin Conservation District -l
Page 64 of 74
22499P,and G3 -23867P respectively.These water rights have been submitted to
the Franklin County Water Conservancy Board (Board)and are pending action
by the Board contingent upon receiving technical information from the CITY.
Preparation of the above reports does not guarantee approval of the
change/transfer applications by the Board or the Department of Ecology but the
technical information assemble and prepared by the DISTRICT shall be of
sufficient content that the Board and Ecology may make an informed and fact
based decision.
2)Provide to the City,when completed,electronic and hard copies
of technical reports necessary to prepare the ROE and ROD.
3)Invoice the City for time,travel,and material associated with
assembling and preparation of the above reports not to exceed $2,000 per water
right change/transfer application or not to exceed a total of $14,000 for all the
water right change/applications identi?ed above unless written authorization is
received from the City.
B)The City’s obligations shall be:
1)Provide data,reports,or other technical information in its
possession to the District to aid in the efficient and timely preparation of the
technical evaluation and reports necessary.
2)Provide payment to the District within 30 days upon receipt of a
properly executed invoice to the City and upon receipt of the Report of
Examination and Record of Decision for each water right change/transfer
application.
2.Term.
A)The term of this Agreement shall be for a period of one year
commencing on 5 Egg [5,20/9 and ending on 5 2;;/7e /1!20/7 ;
unless otherwise extended in writing signed by both parties,or terminated in
writing signed by either party.
B)This agreement may be modified or extended,in writing,at any
time by the mutual consent and of the parties hereto.
C)Either party may cancel this agreement on 30 (thirty)days written
notice with or without cause.Any payment due either party up to the effective
date of cancellationshall be due and payable to the appropriateparty.
Interlocal Agreement —City of Pasco
and Franklin Conservation District —2
Page 65 of 74
3.Liability/Hold Harmless.
A)The City shall indemnify,defend,and hold harmless the District,
its officers,agents and employees,from and against any and all claims,losses or
liability,including attorney’s fees,arising from injury or death to persons or
damage to property occasioned by an act,omission or failure of the City,its
of?cers,agents and employees,in the performance of the Agreement.
B)The District shall indemnify,defend,and hold harmless the City,
its officers,agents and employees,from and against any and all claims,losses or
liability,including attorney’s fees,arising from injury or death to persons or
damage to property occasioned by an act,omission or failure of the District,its
officers,agents and employees,in the performance of the Agreement.
4.Non—Discrimination.The District and City agrees not to discriminate
against any client,employee or applicant for employment or for services because of
race,creed,color,national origin,sex or age with regard to but not limited to the
following:employment upgrading;demotion or transfer;recruitment or any recruitment
advertising;layoff or termination;rate of pay or other forms of compensation;selection
for training or rendition of services.If the District or City violates this non-
discrimination provision,the District or City may terminate this agreement,in whole or
in part,without incurring liability for such termination.
5.Jurisdiction.The agreement shall be construed and interpreted in
accordance with the laws of the State of Washington and the venue of any action
brought hereunder shall be in the Superior Court for Franklin County.
6.Waiver.Any waiver by any party hereto with regard to any of its rights
hereunder shall be in writing and shall not constitute or act as a waiver to any future
rights which such party might have hereunder.
7.Entire Agreement.This agreement sets forth in full the entire
agreement of the parties in relation to the subject matter hereof,and any other
agreement,representation,or understanding,verbal or otherwise,relating to the
professional services of the District or otherwise dealing in any manner with the subject
matter of this agreement is hereby deemed to be null and void and of no force and effect
whatsoever.This agreement may be waived,changed,modified,or amended only by
written agreement executed by both of the parties hereto.If any provisions of this
agreement shall be deemed in con?ict with any statute or rule of law,such provision
shall be deemed modi?ed to be in conformance with said statute or rule of law.
8.Interlocal Cooperation Act Provisions.All vehicles,equipment,
inventory and any improvement thereon or ?xtures purchased by the City,shall remain
Interlocal Agreement —City of Pasco
and Franklin Conservation District —3
Page 66 of 74
the sole property of the City.All vehicles,equipment,inventory and any improvements
thereto and non-fixture improvements to the premises purchased by the District,shall
remain the sole property of the District.All personnel utilized by the City in the
ful?llment of this Agreement shall be solely within the supervision,direction and
control of the City and shall not be construed as "loan servants"or employees of the
District.The City Manager of the City of Pasco,Washington,shall be designated as the
Administrator of this Interlocal Agreement.
No independent special budget or funds are anticipated,nor shall be created
without the prior written agreement of the parties.It is not intended that a separate legal
entity be established to conduct this cooperative undertaking,nor is the acquiring,
holding,or disposing of real or personal property other than as specifically provided
within the terms of this Agreement.
A copy of this Agreement shall be filed with the Franklin County Auditor's
office or posted on the City or Port's website as required by RCW 39.34.040.
9.General Provisions.For the purpose of this Agreement,time is of the
essence.
This Agreement is governed,construed and enforced in accordance with the
substantive laws of the State of Washington.Should any dispute arise concerning the
enforcement,breach or interpretation of this Agreement,venue shall be placed in
Franklin County,Washington,and the prevailing party shall be entitled to its reasonable
attorney fees and costs as additional judgment.
In the event of a dispute regarding the enforcement,breach,default,or
interpretation of this Agreement,the City Manager and District Manager,or their
designees,shall first meet in a good faith effort to resolve such dispute.In the event the
dispute cannot be resolved by agreement of the parties,said dispute shall be resolved by
arbitration pursuant to RCW 7.04A,as amended,with both parties waiving the right of
a jury trial upon trial de novo,with venue placed in Pasco,Franklin County,
Washington.The substantially prevailing party shall be entitled to its reasonable
attorney fees and costs as additional award and judgment against the other.
10.Notices.Written notice shall be directed to the parties as follows:
Franklin Conservation District
Attn:Mark Nielson,District Manager
1724 E.Superior St.
Pasco,WA 99301
Interlocal Agreement —City of Pasco
and Franklin Conservation District -4
Page 67 of 74
City of Pasco
Attn:Ahmad Qayoumi
PO Box 293
Pasco,WA 99301
IN WITNESS WHEREOF,the undersigned having full authorization on behalf
of the parties,have executed this Agreement on the year and date set forth above.
CITY OF PASCO,WASHINGTON
Dave ZabeéénagerE
QQ
Deb 1e Clark,City Clerk
Approved as to form:
¢Z1w%x
Leland B.Kerr,City Attorney
FRANKLIN CONSERVATION DISTRICT
«£4/it
Mark Nielson,District Manager
\\\\\\\S\\\
Interlocal Agreement —City of Pasco
and Franklin Conservation District —5
Page 68 of 74
STATE OF WASHINGTON )
:ss.
County of Franklin )
On this day personally appeared before me Dave Zabell,City Manager of the
City of Pasco,to be known to be the individual described in and who executed the
within and foregoing instrument,and acknowledged that he signed the same as his free
and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and of?cial seal this day of
,
2016.
NOTARY PUBLIC in an for he State of Washington
Residing at:\&.QA/v..L*,QQ1.My Commission Expires:
TONI L.ZUNKER
NOTARYPUBLIC
1 STATE OF WASHINGTON i
*COMMISSIONEXPIRES
MARCH3.2020
kC\’\-‘.X\1‘C§\3‘~:\;"<>‘»\C ;\;\?0..'\JSTATEOFWASHINGTON)
:ss.
County of Franklin )
On this day personally appeared before me Mark Nielson,District Manager of
the Franklin Conservation District,to be known to be the individual described in and
who executed the within and foregoing instrument,and acknowledged that he signed
the same as his free and voluntary act and deed for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal this ‘AW day of Ekjsz.,
NOTARY PUBLIC in d for the State of VV\(i§)l:11’1gt01’1Residingat:4?J‘<x\:\§L—\‘\\\Q00 \\
My Commission Expires:Lo~\<2 *‘D,O\?
Interlocal Agreement —City of Pasco
and Franklin Conservation District —6
Page 69 of 74
FILED FOR RECORD AT REQUEST OF:
City of Pasco,Washington
WHEN RECORDED RETURN TO:
City of Pasco
525 North 3“
Pasco WA 9930]
AMENDMENT TO THE INTERLOCAL COOPERATIVE
AGREEMENT BETWEEN THE CITY OF PASCO AND
THE FRANKLIN CONSERVATION DISTRICT
This Amendment is made and entered into this E day of May ,2017,by
and between the City of Pasco,a Municipal Corporation,hereinafter referred to as
“City”and Franklin Conservation District,a governmental subdivision of this State,and
a public body corporate and politic,hereinafter referred to as “District.”
WHEREAS,the City and District have previously entered into an lnterlocal
Cooperative Agreement dated June 15,2016,and said parties desire to amend portions
of said agreement,
NOW,THEREFORE,the parties do agree as follows:
1.The term of the Agreement shall be extended to June 14.2018;and
2.All remaining temis of the lnterlocal Cooperative Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF,the undersigned having full authorization on behalf
of the parties,have executed this Agreement on the year and date set forth above.
FRANKLIN CONSERVATION DISTRICT
1,.
Mark Nielson,District Manager
CITY OF PASCO,WA
Dave §%ll,City Manager
Attest:
477
Daniela Erickson,City Clerk
Amendment to lnterlocal Agreement —City of
Pasco and Franklin Conservation District -I
,.?’727
Page 70 of 74
Approved as to form:
Leland B.Kerr,City Attorney
STATE OF WASHINGTON )
)ss.
County of Franklin )
On this day personally appeared before me Dave Zabell,City Manager of the
City of Pasco,to be known to be the individual described in and who executed the
within and foregoing instrument,a.nd acknowledged that he signed the same as his free
and voluntary act and deed for the uses and purposes therein mentioned.
*r£
GIVEN under my hand and official seal this Q day of ,
2017.
.TON i
S 2%K4,
NOTARY PUEIICi for ti State of WashingtonNOTARYPUBLIC
Residing at:
I,sure or WASHINGTON C,
My Commission Expires:
cowission amass
MARCH 3,2020
C-—\‘\\'\"T ;\.\.\_\5,‘\_‘;‘~;\\.'\.\,
STATE OF WASHINGTON )
)ss.
County of Franklin )
On this day personally appeared before me Mark Nielson,District Manager of
the Franklin Conservation District,to be known to be the individual described in and
who executed the within and foregoing instrument,and acknowledged that he signed
the same as his free and voluntary act and deed for the uses and purposes therein
mentioned.
GIVEN under my hand and of?cial seal this QB day of '3\_xg<__,
pgSE!is gig }
NOTARY PUBLIC in and for the te of Washington
Residing at:\cg,x\‘(.\\\\Qcam
My Commission Expires:kg -1 2..
Amendment to Interloeal Agreement —City of
Pasco and Franklin Conservation District -2
Page 71 of 74
Amendment No. 2 to Interlocal Agreement
City of Pasco/Franklin Conservation District - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco
525 North 3rd
Pasco WA 99301
______________________________________________________________________
AMENDMENT NO. 2 TO THE
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN THE CITY OF PASCO AND
THE FRANKLIN CONSERVATION DISTRICT
THIS AMENDMENT is made and entered into this _____ day of April, 2019, by and
between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as
“City”, and Franklin Conservation District, a governmental subdivision of this State, and a public
body corporate and politic, hereinafter referred to as “District.”
WHEREAS, the City and District have previously entered into an Interlocal Cooperative
Agreement dated June 15, 2016; and Amendment No. 1 dated May 24, 2017, and said parties
desire to amend portions of said Interlocal Cooperative Agreement; and
WHEREAS, the City desires to formalize the Agreement. NOW, THEREFORE,
IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES set
forth in the original Agreement and this Amendment thereto, and in exercise of the authority
granted by the Interlocal Cooperation Act Chapter 39.34 RCW, the City of Pasco and the
Franklin Conservation District do hereby agree to amend the Interlocal Agreement to read as
follows:
Section 1. That Section 1, Scope of Work, shall be and hereby is amended to read as
follows:
1. Scope of Work.
A) The District’s obligations shall be:
Page 72 of 74
Amendment No. 2 to Interlocal Agreement
City of Pasco/Franklin Conservation District - 2
1) Provide water rights, research and technical information as
requested by the City.
2) Provide to the City, when completed, electronic and hard copies of
research and technical information.
3) Invoice the City for time, travel, and material associated with
assembling and preparation of the research and technical information described
above in a total amount not to exceed Ten Thousand Dollars and 00/100
($10,000.00) for all of the services identified above and in previous versions of
this Interlocal Cooperative Agreement, unless written authorization is received
from the City.
Section 2. That Section 2, Term, shall be and hereby is amended and shall read as
follow:
2. Term.
A) The term of this Agreement shall be for a period of two (2) years
commencing on June 15, 2018, and ending on June 14, 2020; unless otherwise extended
in writing signed by both parties, or terminated in writing signed by either party.
B) This Agreement may be modified or extended, in writing, at any time by
the mutual consent of the parties hereto.
C) Either party may cancel this agreement on thirty (30) days written notice
with or without cause. Any payment due either party up to the effective date of
cancellation shall be due and payable to the appropriate party.
Section 3. All remaining terms of the Interlocal Cooperative Agreement shall remain
in full force and effect.
Section 4. This Amendment shall become effective upon approval and execution by
both parties and by the posting of the Amendment on the website of either of the parties thereto.
IN WITNESS WHEREOF, the undersigned having full authorization on behalf of the
parties, have executed this Agreement on the year and date set forth above.
CITY OF PASCO, WASHINGTON FRANKLIN CONSERVATIN DISTRICT
By: __________________________ By: ______________________________
Dave Zabell, City Manager Mark Nielson, District Manager
Page 73 of 74
Amendment No. 2 to Interlocal Agreement
City of Pasco/Franklin Conservation District - 3
Attest:
________________________________
Angela Pashon, Interim City Clerk
Approved as to Form:
_________________________________
Kerr Ferguson Law, PLLC, City Attorney
STATE OF WASHINGTON )
: ss.
County of Franklin )
On this day personally appeared before me Dave Zabell, City Manager of the City of
Pasco, to be known to be the individual described in and who executed the within and foregoing
instrument, and acknowledged that he signed the same as his free and voluntary act and deed for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal this _____ day of _____________, 2019.
____________________________________________
NOTARY PUBLIC in and for the State of Washington
Residing at: __________________________________
My Commission Expires: _______________________
STATE OF WASHINGTON )
: ss.
County of Franklin )
On this day personally appeared before me Mark Nielson, District Manager of the
Franklin Conservation District, to be known to be the individual described in and who executed
the within and foregoing instrument, and acknowledged that he signed the same as his free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this _____ day of _____________, 2019.
____________________________________________
NOTARY PUBLIC in and for the State of Washington
Residing at: __________________________________
My Commission Expires: _______________________
Page 74 of 74