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HomeMy WebLinkAbout2019.07.01 Council Meeting PacketRegular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. July 1, 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 June 17, 2019. 9 - 10 (b) Bills and Communications To approve claims in the total amount of $4,247,741.53 ($2,649,568.93 in Check Nos. 229716-230007; $802,775.56 in Electronic Transfer Nos. 824841-824885, 824892-824927, 824934-825007, 825009-825033, 825035, 825037-825083, 825087-825164, 825166-825170, 825178; $24,993.14 in Check Nos. 52642-52677; $770,403.90 in Electronic Transfer Nos. 30135448-30135989). 11 - 14 (c) Settlement for Total Site Services Claim To approve the Compromise, Settlement, and Release Agreement with Total Site Services, LLC and, further, authorize the City Manager to execute the Agreement. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 15 - 16 (a) Proclamation for "Pacific Northwest Mustang Club" Council to present Proclamation to Pacific Northwest Mustang Club officers: Corky Farrell, President and Alan Anderson, Treasurer Page 1 of 109 Regular Meeting July 1, 2019 17 - 22 (b) Yard and Business of the Month Awards Mayor Watkins to present Certificates of Appreciation for June 2019 "Yard of the Month" and "Business Appearance of the Month" to: • Javier Acencion, 1723 N. 6th Avenue • Santos Echeverria, 1516 W. Bonneville Street • Erika Loe, 4708 Meadow View Lane • Craig Sakach, 3121 Chardonnay Drive • Northwest Farm Credit Services, 9915 Saint Thomas Drive 23 (c) All-America City Delegation Recognition Mayor Watkins to present letters of appreciation to members of 2019 All- America City delegation. 5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers 24 - 26 (b) General Fund Monthly Report - May 2019 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 27 - 34 (a) Easement Vacation: Vacating (7) Easements at Stevens Middle School (MF# VAC 2019-003) CONDUCT PUBLIC HEARING MOTION: I move to approve Ordinance No. 4443, vacating seven easements at 1023 N. 24th Avenue, and further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Page 2 of 109 Regular Meeting July 1, 2019 35 - 56 (a) Code Amendment: Shared Street Frontages (MF# CA 2018-008) MOTION: I move to adopt Ordinance No. 4444, amending PMC Section 21.20.050 “Lot Requirements” and creating Section 21.20.060 "Lots Without Public Street Frontage," and further, authorize publication by summary only. 57 - 60 (b) 20th Avenue Overlay Project Bid Award MOTION: I move to award the low bid for the 20th Ave Overlay Project to Central Washington Asphalt of Benton City in the amount of $386,587.65 and, further, authorize the City Manager to execute the contract documents. 61 - 77 (c) Burbank Irrigation District Water Rights - Purchase and Sale Agreement MOTION: I move to approve the Water Right Purchase & Sale Agreement with Burbank Irrigation District and, further, authorize the City Manager to execute the Agreement. 78 - 85 (d) Foster Wells Force Main Agreement MOTION: I move to approve the Foster Wells Forcemain Reimbursement Agreement with the Processors, for the purpose of providing an additional force main for processed wastewater transmission from the Foster Wells Lift Station to the PWRF and, further, authorize the City Manager to execute the Agreement. 86 - 90 (e) Bid Award - 18080 Foster Wells Force Main Improvements MOTION: I move to award the Foster Wells Force Main Improvements project to C&E Trenching, LLC in the amount of $4,768,614.05 for the Base Bid and Additive Bid 1 and authorize the City Manager to execute the contract documents. 91 - 94 (f) Final Project Acceptance - Capital Avenue Sewer Lift Station MOTION: I move to approve Resolution No. 3909 accepting work performed by C & E Trenching, LLC under contract for the Capital Avenue Sewer Lift Station Construction. 95 - 109 (g) Collective Bargaining Agreement with Pasco Police Officer’s Association (PPOA) Non-Uniform MOTION: I move to approve the Collective Bargaining Agreement with Pasco Police Officer's Association Non-Uniform, for years 2020 - 2022 and, further authorize the City Manager to execute the agreement. Page 3 of 109 Regular Meeting July 1, 2019 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” REMINDERS: • Parks & Recreation Advisory Council - Cancelled due to July 4th Holiday (Councilmember Milne, Rep.; Councilmember Martinez, Alt) This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability. (Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos d ías antes para garantizar la disponibilidad.) Page 4 of 109 AGENDA REPORT FOR: City Council June 26, 2019 TO: Dave Zabell, City Manager Regular Meeting: 7/1/19 FROM: Angela Pashon, City Clerk Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 6.17.19 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Meeting dated June 17, 2019. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 109 REGULAR MEETING MINUTES PASCO CITY COUNCIL JUNE 17, 2019 CALL TO ORDER: ROLL CALL: Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, Saul Martinez, David Milne, Pete Serrano, and Matt Watkins. Staff present: Dave Zabell, City Manager; Eric Ferguson, City Attorney; Zach Ratkai, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; Richa Sigdel, Finance Director; Ken Roske, Deputy 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 Meeting dated June 3, 2019. Bills and Communications To approve claims in the total amount of $3,336,184.71 ($2,449,517.32 in Check Nos. 229401-229715; $47,805,92 Electronic Transfer No. 824933; $26,098.04 in Check Nos. 52606-52641; $812,763.43 in Electronic Transfer Nos. 30134902-30135447). 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 $225,267.45 and, of that amount, authorize $93,925.65 to be turned over for collection. Downtown Pasco Development Authority Funding Agreement To approve an extension of the 2017/2018 DPDA Funding Agreement through December 31, 2019. Resolution 3904 - Duplicative Adjustment To approve the modification of Resolution No. 3904 approved at the June 3, 2019 City Council meeting to Resolution No. 3904A. Assignment of Resolution No. - Pasco Inclusion, Diversity and Equity Commission To assign Resolution No. 3906 to the June 3, 2019 City Council action for name change and extended term of ad-hoc commission. (RC) MOTION: Mr. Maloney moved to approve the Consent Agenda as read. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGEMENTS: Page 1 of 3 Page 6 of 109 REGULAR MEETING MINUTES PASCO CITY COUNCIL JUNE 17, 2019 Proclamation for "Juneteenth Day" Council presented Proclamation to Edmon Daniels, Tri-Cities Juneteenth Community Council, President. Proclamation for "All-America City Award Days" Council presented Proclamation to the Tri-Cities Community Health Board President, Ana Peralta. VISITORS - OTHER THAN AGENDA ITEMS: • Jeffrey Robinson spoke about his gratitude for the progress in our community. • Justin Kerry spoke about Constitutional Amendments and special use permits. • David Scott spoke about de-escalation techniques and first amendment rights. REPORTS FROM COMMITTEES AND/OR OFFICERS: HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 2020-2025 Six Year Transportation Improvement Plan Mayor Watkins declared the Public Hearing open. Zahra Roach discussed bicycle lanes and the Bike-Pedestrian Master Plan, sidewalks on the Road 100 overpass (Project 13), and interchange/overpass at East A Street and US-12 (Project 22). Council and staff discussed the purpose of the Transportation Improvement Plan. Following three calls for comment, Mayor Watkins declared the Public Hearing closed. MOTION: Mr. Maloney moved to approve Resolution No. 3907, adopting the 2020-2025 Six-Year Transportation Improvement Program for the City of Pasco for the purpose of guiding the development, design, and construction of local and regional transportation improvements. Mr. Martinez seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Code Amendment: Special Permits (MF# CA2019-008) Council and staff discussed the proposed Resolution for denial of code amendment. Dwight Hume discussed available property in I-1 and I-2 zones and on behalf of the code amendment. MOTION: Mr. Maloney moved to approve Resolution 3908, denying the proposed code amendment to add automobile wrecking yards as an Unclassified Use to Title 25 of the Pasco Municipal Code. Mr. Alvarado seconded. Motion carried 5-2. Page 2 of 3 Page 7 of 109 REGULAR MEETING MINUTES PASCO CITY COUNCIL JUNE 17, 2019 MISCELLANEOUS DISCUSSION: • Mr. Zabell stated the recent Fire Recruit Academy Graduation contained three Pasco Firefighters - Cole Devoir, Josh Bertheas, and Scott Garrelts. • Mr. Zabell stated the Police Department received the Washington Association of School Administrators - Police Award recognizing their close partnership. • Mr. Zabell stated two police officers were graduating from the Basic Law Enforcement Academy - David Dillsworth and Conrad Christenson. ADJOURNMENT. There being no further business, the meeting was adjourned at 8:14 PM. PASSED AND APPROVED this 1st day of July 2019 APPROVED: ATTEST: Matt Watkins, Mayor Angela Pashon, Interim City Clerk Page 3 of 3 Page 8 of 109 AGENDA REPORT FOR: City Council June 27, 2019 TO: Dave Zabell, City Manager Regular Meeting: 7/1/19 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 07.01.19 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $4,247,741.53 ($2,649,568.93 in Check Nos. 229716-230007; $802,775.56 in Electronic Transfer Nos. 824841-824885, 824892- 824927, 824934-825007, 825009-825033, 825035, 825037-825083, 825087-825164, 825166-825170, 825178; $24,993.14 in Check Nos. 52642-52677; $770,403.90 in Electronic Transfer Nos. 30135448-30135989). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 9 of 109 July 1, 2019 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 229716-230007 52642-52677 Total Check Amount $2,649,568.93 $24,993.14 Total Checks 2,674,562.07$ Electronic Transfer Numbers 824841-824885 30135448-30135989 824892-824927 824934-825007 825009-825033 825035 825037-825083 825087-825164 825166-825170 825178 Total EFT Amount $802,775.56 $770,403.90 $0.00 $0.00 Total EFTs 1,573,179.46$ Grand Total 4,247,741.53$ Councilmember 625,735.15 14,575.32 0.00 0.00 11,791.39 1,004.46 646,829.61 4,959.08 2,948.87 91,084.49 1,813.21 1,284.24 300.97 27,886.93 21,298.08 8,178.60 29,265.69 5,141.67 HOTEL/MOTEL EXCISE TAX 12,086.70 767,197.89 998,637.37 46,588.91 2,554.56 67,241.61 9,993.15 849,343.58 GRAND TOTAL ALL FUNDS:4,247,741.53$ The City Council C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved 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 1st day of July, 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 RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY EQUIPMENT RENTAL - OPERATING BUSINESS SPECIAL ASSESSMENT LODGING REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS PAYROLL CLEARING Page 10 of 109 AGENDA REPORT FOR: City Council June 26, 2019 TO: Dave Zabell, City Manager Regular Meeting: 7/1/19 FROM: Angela Pashon, City Clerk Administrative & Community Services SUBJECT: Settlement for Total Site Services Claim I. REFERENCE(S): Total Site Services, LLC - Proposed Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Compromise, Settlement, and Release Agreement with Total Site Services, LLC and, further, authorize the City Manager to execut e the Agreement. III. FISCAL IMPACT: $145,000.00 which is with total project budget and represents payment for additional work by the contractor. IV. HISTORY AND FACTS BRIEF: The City has been in negotiations regarding a claim filed by the general contractor, Total Site Services, LLC associated with construction of the Pasco Police Services Building. After extended negotiations, Total Site Services, LLC pursued their claim in Franklin County Superior Court and parties now wish to settle this matter short of trial. Close out of this project has been a priority, with this dispute resolved, that can now occur. Council discussed this item at the June 24, 2019 meeting. V. DISCUSSION: Council approval of the settlement agreement is recommended to resolve claim. Page 11 of 109 COMPROMISE, SETTLEMENT, AND RELEASE AGREEMENT THIS COMPROMISE, SETTLEMENT, AND RELEASE AGREEMENT (“Agreement”) is entered into as of the date the last party executed this Agreement (the “Effective Date”) by and between The City of Pasco , a Washington municipal corporation duly organized under the laws of the State of Washington, whose address is 525 N 3rd Avenue, Pasco, WA 99301 (“City”), and Total Site Services, LLC (“TSS”), whose address is 2780 Salk Ave, Richland, WA 99354 and are sometimes referred to collectively as the “Parties.” Recitals The City advertised for submission of bids for the completion of the City’s Pasco Police Community Services Building, Project No. C5-GN9A-14-01 (the “Project”). On or about June 1, 2015, TSS entered into a lump sum contract “(the Contract”) to provide construction services on the Project. The Notice to Proceed was issued on June 10, 2015 and TSS began work on June 15, 2015. The Project was originally scheduled to be substantially complete no later than April 30, 2016 (320 calendar day duration). However, the Project duration ultimately expanded to over 600 days. After work began, it became apparent to TSS that the plans were incomplete and defective, and as a consequence, TSS’s work was impacted and the Proje ct delayed. The City’s disputes liability and responsibility for the issues TSS encountered on the Project. After the Project was complete, TSS met with the City to discuss a delay and impact claim, and also provided additiona l information regarding the basis of TSS’s claim. The Parties were unable to resolve TSS’s claim and TSS commenced a lawsuit in Franklin County Superior Court, Case No. 19-250141-11 (the “Lawsuit”). The City of Pasco asserted a counterclaim against TSS for breach of contract. The Parties desire to enter into this Settlement Agreement in order to resolve all known claims and disputes against one another arising from the Lawsuit or otherwise associated with the Pasco Police Community Services Building Project. NOW, THEREFORE, in consideration of the terms and conditions set forth in this Agreement, the Parties agree as follows: 1. Settlement Payment : The City shall pay TSS the sum of $145,000.00 within fifteen (15) days of execution of this Agreement by all Parties. 2. Full Mutual Release: In consideration of the mutual covenants, mutual release between the Parties and the promises contained herein, the sufficiency of which is expressly acknowledged, and the $145,000.00 Settlement Payment described above, TSS voluntarily Page 12 of 109 2 releases, waives, and forever discharges the City and its past and present employees, agents, officials, officers, board members, representatives, successors, attorneys, and all affiliated organizations, companies, foundations, and corporations, from any and all claims, demands, and causes of action, known and unknown, that TSS may now have or that might subsequently accrue arising out of or connected with, directly or indirectly, with the Project. In consideration of the mutual covenants, the mutual release between the Parties and the promises contained herein, the sufficiency of which is expressly acknowledged, the City voluntarily releases, waives, and forever discharges TSS and its past and present employees, agents, officials, officers, board members, representatives, successors, attorneys, and all affiliated organizations, companies, foundations, and corporations, from any and all claims, demands, and causes of action, known and unknown, that the City may now have or that might subsequently accrue arising out of or connected with, directly or indirectly, with the Project. 3. No Admission of Liability. The Parties understand and acknowledge that this Agreement constitutes a compromise and settlement of a number of disputed issues, claims, and allegations between the parties. No action taken by the Parties hereto, or either of them, either previously or in connection with this Agreement shall be deemed or construed to be (a) an admission of the truth or falsity of any claims made or (b) an acknowledgment or admission by either party of any fault or liability whatsoever to the other party or to any third party. 4. Capacity to Execute. Each of the Parties and each of the undersigned individuals hereby warrant to the other Parties that the undersigned have the authority to execute this Agreement and to bind the respective Parties to this Agreement. The Parties represent and warrant that they are the owners of all claims settled and released herein, that they have the authority to release all claims settled and released herein, and that they have not assigned to any other person or entity all or any portion of any claim settled and released herein. 5. Governing Law / Enforcement . This Agreement shall in all respects be interpreted, enforced, and governed under the laws of the State of Washington. This Agreement was negotiated and prepared at arms-length by counsel for the parties and shall be interpreted in accordance with its plain meaning, and shall not be construed for or against any party. In the event either party takes legal action to enforce the terms of the Agreement, the substantially prevailing party shall be awarded its attorney fees. 6. Attorney Fees, Costs, Disbursements, and Expenses. The parties acknowledge that they are responsible for their own attorney fees, costs, disbursements, and expenses incurred in connection with the claims and allegations arising from or associated with the Project. 7. Entire Agreement . This Agreement sets forth the entire agreement between the Parties, and fully supersedes any and all prior agreement s or understandings between them Page 13 of 109 3 pertaining to the subject matter of this Agreement. It is agreed that this Agreement may be modified only by a subsequent written agreement executed by both Parties. 8. Severability. Should any portion of this Agreement be declared or be determined to be illegal, invalid, or unenforceable, the validity of the remaining parts, terms, or provisions shall not be affected thereby and said illegal, invalid, or unenforceable part, term, or provision shall be deemed not to be a part of this Agreement. 9. Multiple Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. Facsimile or photocopies of original signatures shall be binding with the same force and effect as if such facsimile or photocopy were an original thereof. IN WITNESS WHEREOF the Parties have voluntarily executed this Agreement. By executing this Agree ment, each Party stipulates, agrees, and warrants as follows: (1) that the terms of this Agreement are reasonable; (2) that the persons executing this Agreement have carefully read and understands all of the provisions of this Agreement and have had an opportun ity to review this Agreement with personal counsel, and are voluntarily and knowingly entering into this Agreement; (3) that the persons executing this Agreement will not challenge or contest in any way the capacity or authority of any party hereto to enter into this Agreement; and (4) that the person executing this Agreement has the necessary and appropriate authority and capacity to execute this Agreement and to make this Agreement fully binding upon and enforceable against himself, herself, or the entity he or she represents. DATED this ______ day of June, 2019. THE CITY OF PASCO: TOTAL SITE SERVICES, LLC By: By: Lisa Chapman-Rosa Its: Its: Owner Page 14 of 109 AGENDA REPORT FOR: City Council June 25, 2019 TO: Dave Zabell, City Manager Regular Meeting: 7/1/19 FROM: April Culwell, Executive Administrative Assistant Executive SUBJECT: Proclamation for "Pacific Northwest Mustang Club" I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Council to present Proclamation to Pacific Northwest Mustang Club officers: Corky Farrell, President and Alan Anderson, Treasurer III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 15 of 109 Proclamation “Pacific Northwest Mustang Club Appreciation Month” July 2019 WHEREAS, the City of Pasco, Washington, continues to appreciate the many years of support, service and volunteerism of the Pacific Northwest Mustang Club and its members; active in the Tri-Cities area since 1979, supporting charities and other organizations; and WHEREAS, it is important to acknowledge the role the club plays within the City of Pasco and the greater Tri-Cities area, as the contributions made by the club help to foster a more vibrant community and a spirit of collaboration within the community; and WHEREAS, one of the ongoing services the Club has provided the community, has been to shuttle dignitaries and royalty during the annual Grand Old 4th Parade in their showcase vehicles; and WHEREAS, the groups they have served in this capacity at one time or another have included County Commissioners, Juneteenth Royalty, Miss Tri-Cities Royalty, Grand Old 4th Parade Grand Marshals, Pasco City Councilmembers, and more; and WHEREAS, I have the fondest personal memories over 16 years of sitting on blanket covered convertible tops of lovingly maintained and restored Mustangs, waving to crowds, talking with owners, and cruising the streets of Pasco; and WHEREAS, the club will again be providing this service during the 2019 Grand Old 4th of July Parade; and without their support the city could not continue to showcase the Grand Old 4th of July Parade to the public in such a high fashion; NOW, THEREFORE, I, Matt Watkins, Mayor of the City of Pasco, Washington, do hereby declare July 2019, as Pacific Northwest Mustang Club Appreciation Month in the City of Pasco, Washington, and proclaim the service rendered by the Mustang Club and all community volunteerism a vital part of our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Pasco, Washington, to be affixed this 1st day of July 2019. Matt Watkins, Mayor City of Pasco Page 16 of 109 AGENDA REPORT FOR: City Council June 26, 2019 TO: Dave Zabell, City Manager Regular Meeting: 7/1/19 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Yard and Business of the Month Awards I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Mayor Watkins to present Certificates of Appreciation for June 2019 "Yard of the Month" and "Business Appearance of the Month" to: • Javier Acencion, 1723 N. 6th Avenue • Santos Echeverria, 1516 W. Bonneville Street • Erika Loe, 4708 Meadow View Lane • Craig Sakach, 3121 Chardonnay Drive • Northwest Farm Credit Services, 9915 Saint Thomas Drive III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 17 of 109 Citg015Cpaeco Certi?cateof?ljajareciation The City Council of the City of Pasco is proud to select 1723 N.6TH AVENUE Home of IAVIERACENCION “YARD OF THE MONTH” We hereby express our gratitude for your contribution toward community enrichment and quality of life by the improvements made to the natural beauty of your surroundings and serving as a good example for others. Matt Watkins,Mayor \.Page 18 of 109 Citg015Cpasco Certi?cateofiljojoreciation The City Council of the City of Pasco is proud to select 1516 W.BONNEVILLE STREET Home of SANTOS ECHEVERRIA “YARD OF THE MONTH” We hereby express our gratitude for your contribution toward community enrichment and quality of life by the improvements made to the natural beauty of your surroundings and serving as a good example for others.Page 19 of 109 Citg06Cpaeco Certi?catecfiljojareciation The City Council of the City of Pasco is proud to select 4708 MEADOW VIEW LANE Home of ERIKA LOE “YARD OF THE MONTH” We hereby express our gratitude for your contribution toward community enrichment and quality of life by the improvements made to the natural beauty of your surroundings and serving as a good example for others. Matt Watkins,Mayor Page 20 of 109 Citg05Cpasco Certi?catecfLlljojareciation The City Council of the City of Pasco is proud to select 3121 CHARDONNAY DRIVE Home of CRAIG SAKACH “YARD OF THE MONTH” We hereby express our gratitude for your contribution toward community enrichment and quality of life by the improvements made to the natural beauty of your surroundings and serving as a good example for others.Page 21 of 109 A Citgoécpasco Certi?catecfflygpreciation The City Council of the City of Pasco is proud to select 9915 SAINT THOMAS DRIVE Home of NORTHWEST FARM CREDIT SERVICES ‘BUSINESSOFTHEMONTHAPPEARANCEAWARD” We hereby express our gratitude for your contribution toward community enrichment and quality of life by the improvements made to the natural beauty of your surroundings and serving as a good example for others.Page 22 of 109 AGENDA REPORT FOR: City Council June 28, 2019 TO: Dave Zabell, City Manager Regular Meeting: 7/1/19 FROM: Angela Pashon, City Clerk Administrative & Community Services SUBJECT: All-America City Delegation Recognition I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Mayor Watkins to present letters of appreciation to members of 2019 All -America City delegation. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 23 of 109 AGENDA REPORT FOR: City Council June 26, 2019 TO: Dave Zabell, City Manager Regular Meeting: 7/1/19 FROM: Richa Sigdel, Finance Director Finance SUBJECT: General Fund Monthly Report - May 2019 I. REFERENCE(S): General Fund Report II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: N/A III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Attached is a monthly financial update to the City Council on the General Fund, the City's major fund. The administration provides quarterly reports to Council for other non-major funds. V. DISCUSSION: The General Fund is on track for both revenue and expenses as of May 2019 month- end. Many revenues and expenses do not track linearly throughout the year. Staff analysis suggests that the major revenues and expenses are progressing as anticipated. Variations explained briefly in the attachment can be expanded upon if needed. Page 24 of 109 Fund NameFund DescriptionReport MonthMay, 2019Elapsed Time20%2017 Actual 2018 Actual2019-2020 Budget2019-2020 Actual2019-2020 ProjectedVariance% of Biennial BudgetCommentsRevenuesTaxesProperty 7,963,302 8,352,750 21,548,971 5,506,500 21,548,971 0 26% Timing of payment from State.Sales 13,180,233 14,154,008 27,519,809 5,516,470 27,519,809 0 20%Public Safety 1,523,723 1,661,707 3,373,400 634,329 3,373,400 0 19%Utility 9,409,979 9,585,916 19,538,919 4,269,079 19,538,919 0 22%Other 1,252,023 1,299,862 2,437,750 590,547 2,587,750 -150,000 23% Higher than expected revenue from gambling tax.Licenses & Permits 2,177,235 2,640,720 4,459,000 1,279,328 4,459,000 0 29%License expiration cycle impacts this area. Will even out in future with new license model.Intergovernmental 2,130,300 2,294,273 4,737,868 593,784 4,737,868 0 13% Timing of payment from State.Charges Goods & Services 6,932,637 7,385,382 15,417,018 3,166,371 15,417,018 0 21%Fines & Forfeits 788,474 943,321 1,811,200 321,036 1,811,200 0 18%Miscellaneous 657,342 1,731,200 1,195,800 965,923 1,195,800 0 81% Property sale revenue not budgeted.Debt & Transfer In 638,000 232,298 17,705,200 57,335 17,705,200 0 0% Timing of debt proceeds and grant transfers.Total Revenues 46,653,248 50,281,437 119,744,935 22,900,700 119,894,935 -150,000 19%ExpendituresCity Council 111,918 124,533 260,540 44,774 260,540 0 17%Municipal Court 1,458,682 1,504,212 3,228,697 564,119 3,228,697 0 17%City Manager 1,709,640 1,635,045 4,261,136 631,169 4,261,136 0 15%Police 16,497,955 16,565,400 35,524,184 6,332,613 35,524,184 0 18%Fire 7,660,554 7,874,894 15,266,340 3,119,083 15,266,340 0 20%Administrative & Community Services 7,370,500 7,502,803 16,217,814 2,653,161 16,217,814 0 16%Community & Economic Development 1,748,053 1916402 3,878,345 754,109 3,878,345 0 19%Finance 2,196,310 2,270,459 5,105,873 927,111 5,105,873 0 18%Engineering 1,726,983 1,555,552 3,791,421 602,604 3,791,421 0 16%Library 1,445,550 1,375,894 2,905,818 475,303 2,905,818 0 16%Non-Departmental 2,025,292 2,795,354 4,367,755 1,326,328 4,367,755 0 30% Insurance premium payment.Debt & Transfer Out 3,592,619 1,914,455 24,224,750 285,420 24,224,750 0 1% Timing of debt payments.Total Expenditures 47,544,056 47,035,003 119,032,673 17,715,793 119,032,673 0 15%Status - LaborStatus - Non LaborAnticipated Future IssueGeneral FundLargest fund within the City portfolio. Taxes are major revenue sources and Public Safety salaries and benefits are major expenses within this fund.Regular and over-time labor is on track, however, overtime patterns are varies with each department. For e.g., Fire Department expends most of its overtime during fire season. Staff will continue to track overtime patterns, and notify Council if/when any action is needed.City is expected to be on track for non labor expenses. Non-Departmental expenditure, that mainly consist of non labor cost is higher than elapsed time. This is to be expected due to large payment of insurance premium made in the begining of the year. General fund could be expected to subsidize Street fund for large portion of snow removal cost. Street fund receives revenue from General fund, as well as Motor Vehicle Fuel Tax from State to operate. By design, the fund maintains low level of fund balance and will need support to absorb impact of this year's snow event. Staff will notify Council when action is needed. Page 25 of 109 $0$5,000$10,000$15,000$20,000$25,000$30,000$35,000$40,000$45,000$50,000JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECThousands2019 Cumulative General Fund Revenue & Expenditures2019 Cumulative Revenue2019 Cumulative Expenditures5-Yr Average Rev5-Yr Average ExpPage 26 of 109 AGENDA REPORT FOR: City Council June 25, 2019 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 7/1/19 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: Easement Vacation: Vacating (7) Easements at Stevens Middle School (MF# VAC 2019-003) I. REFERENCE(S): Proposed Ordinance Overview Map Exhibit 1 Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I move to approve Ordinance No._____, vacating seven easements at 1023 N. 24th Avenue, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Pasco School District will be demolishing Stevens Middle School to construct a newly-designed middle school in its place. Thus, the PSD is seeking the vacate easements on the property in order to facilitate future development. As recommended at the regular meeting on June 3, 2019, Council set July 1, 20 19 as the date to consider the proposed vacation in a public hearing. V. DISCUSSION: Page 27 of 109 Per PMC 12.40 the Council may require compensation for vacated rights-of-way. However, because this proposal does not concern City rights-of-way, no compensation is required. The proposal involves the vacation of the following: 1. A 5-foot wide private sewer easement described in AF# 403946; 2. A 6-foot wide overhead utility easement shown on the plat of the Morath Subdivision along the boundary of Lots 5 and 6; 3. A 10-foot wide PUD utility easement shown on the plat of the Morath Subdivision along the northern boundary of Lots 1 through 7; 4. A 30-foot wide FCID easement described in AF# 115099; 5. A 15-foot wide City water easement described in AF# 410620; 6. A 20-foot wide utility easement shown on the plat of the Hillhaven Addition at the north 10 feet of Lots 8 through 11 and the south 10 feet of Lots 1 through 4; and 7. A 10-foot wide utility easement shown on the plat of the Hillhaven Addition along the west boundary of Lot 7. The Public Works Department has reviewed the proposal and has determined the vacation of the City-owned water line easement to be non-problematic. Notice for the vacation of the remaining easements has been dispersed to the PUD and FCID for comment. The Franklin County Irrigation District (FCID) notified staff that the vacation of the irrigation easement has been discussed with the Board of Directors and will be finalized at the next Board meeting on July 2, 2019. The Franklin County PUD has advised that the District has no issues with the vacation of their easements since alternate arrangements have been made by the School District. Staff recommends Council's favorable consideration of the vacation request. Page 28 of 109 1 WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: Planning Director 525 North 3rd Pasco, WA 99301 ORDINANCE NO. __________ AN ORDINANCE VACATING SEVEN EASEMENTS ON THE STEVENS MIDDLE SCHOOL PROPERTY AT 1023 N 24TH AVENUE. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate easements; and WHEREAS, a petition for the vacation of seven easements on the Stevens Middle School property has been submitted to the City; and, WHEREAS, the vacation process provided in PMC 12.40 requires a title report and an appraisal of value and compensation unless waived by the City Council; and, WHEREAS, this vacation proposal does not concern City rights-of-way and therefore does not require a title report and appraisal of value; and, WHEREAS, Stevens Middle School will be undergoing demolition in order to allow for the construction of a newly-designed middle school; and, WHEREAS, to facilitate development on the property, the Pasco School District is seeking the vacation of seven easements, all of which are owned by separate agencies; and, WHEREAS, all steps and procedures required by law to vacate said easements have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That seven easements on the Stevens Middle School property at 1023 N 24th Avenue, as depicted in Exhibit “1” be and the same are hereby vacated. Page 29 of 109 2 Section 2. That a certified copy of this Ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 3. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this _____ day of ____________________, 2019. _____________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ City Clerk Kerr Law Group Page 30 of 109 Item:Vacation of (7)Easements Applicant:Pasco School District #1. File #2 3 Overview Page 31 of 109 Page 32 of 109 Page 33 of 109 5401 Ridgeline Drive, Suite 160, Kennewick, Washington 99338 | 509.222.0959 PHONE 1 knutzenengineering.com Exhibit A May 20th, 2019 i. The 5 feet wide sewer easement described in the attached document recorded in Franklin County under Auditor File #403946 and shown on the survey by Stratton Surveying and Mapping submitted with this document, dated January 2nd, 2018. ii. The 6 feet wide Overhead Utility easement shown on the attached plat of Morath Subdivision, along the boundary of lots 5 and 6, and shown on the survey by Stratton Surveying and Mapping submitted with this document, dated January 2nd, 2018. iii. The 10 feet wide utility easement shown on the attached plat of Morath Subdivision, along the northern boundary of lots 1 through 7 and shown on the survey by Stratton Surveying and Mapping submitted with this document, dated January 2nd,2018. iv. The 30 feet wide irrigation easement described in the attached document, “Deed Record No. 68”, recorded in Franklin County under Auditor File #115099, and shown on the survey by Stratton Surveying and Mapping submitted with this document, dated January 2nd, 2018. v. The 15 feet wide water easement described in the attached document, “City Resolution No. 1430”, recorded in Franklin County under Auditor File #410620, and shown on the survey by Stratton Surveying and Mapping submitted with this document, dated January 2nd, 2018. vi. The 20 wide utility easement on the West half of the Hillhaven Addition, shown on the attached document “Plat of Hillhaven Addition” in the north 10 feet of lots 8 through 11, and the south 10 feet of lots 1 through 4. vii. The 10 feet wide utility easement shown on the west boundary of Lot 7 in the attached document “Plat of Hillhaven Addition”. Page 34 of 109 AGENDA REPORT FOR: City Council June 25, 2019 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 7/1/19 FROM: Jacob Gonzalez, Senior Planner Community & Economic Development SUBJECT: Code Amendment: Shared Street Frontages (MF# CA 2018-008) I. REFERENCE(S): Ordinance Report to Planning Commission Dated 5/16/2019 Planning Commission Minutes Dated: 5/16/2019 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. _____, amending PMC Section 21.20.050 “Lot Requirements” and creating Section 21.20.060 "Lots Without Public Street Frontage," and further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Continued growth and the need to provide housing has prompted interest from local property owners, developers and staff on methods to increase housing stock. Housing constructed within the City Limits are required to meet the various requirements identified in the Pasco Municipal Code’s Subdivision Regulations (Title 21) and Zoning (Title 25). The standards and requirements in the PMC provide a mechanism for the regulation and division of land. While this creates a consistent and uniform manner for the city to develop there are some constraints that limit the potential for housing construction to occur. The Pasco Municipal Code requires all lots to abut on a street (PMC 21.20.050). However, the City contains lots, particularly west of Highway 395 and sout h of Page 35 of 109 Interstate I-182 that are land locked or have irregular shapes that limit the public street frontage. Although these lots meet the lot size requirements to develop additional housing, the public frontage requirement essentially prohibits the owner from subdividing the property. Shared street frontages, or lots without public frontage provide the opportunity to increase the diversity of housing styles and types and to promote the infill of vacant or underutilized land within the City. The Planning Commission reviewed the code amendment in late 2018 and held a public hearing in January 2019 with a recommendation for approval at the May 16th, 2019 meeting. The Pasco City Council considered and discussed the Planning Commission recommendation at the June 10th Workshop meeting. V. DISCUSSION: City Council has identified affordable housing and infill as Council Goals. Amending the Pasco Zoning Code to allow for greater flexibility in housing production may assist in meeting those goals. Recent changes in Olympia, Spokane and Vancouver, Washington have included similar changes to their zoning requirements. Shared street frontages allow lots to have access via a private or shared driveway or street. This would enable the development of infill housing in vacant and underutilized lands to occur through the regulation of “flag lot” development. Flag lots are defined as lots not meeting minimum frontage requirements and where access to the public right - of-way is by a narrow private driveway (PMC 25.15.140). At the June 10th City Council Workshop,a question was raised on the duration of maintenance (easement) agreements. After discussion with city staff and legal, the text within the ordinance (21.20.060 (2) (K)) confirms that easements are permanent and thus their maintenance. The code amendment would provide another option for the City to meet the goals and policies identified in the Comprehensive Plan including more efficient utilization of properties within the Urban Growth Boundary/City limits and a possible reduction in the escalating cost of developing additional building lots. Page 36 of 109 Ordinance - 1 ORDINANCE NO. _______ AN ORDINANCE of the City of Pasco, Washington, Amending Section 21.20.050 “Lot Requirements”; and Creating Section 21.20.060 “Lots Without Public Street Frontage” WHEREAS, the City has pursuant to PMC 21.05.020 identified a benefit in regulating the division of land within the Pasco Urban Growth Area to promote the health, safety, convenience, comfort, prosperity and general welfare of the present and future inhabitants of the Pasco Urban Growth Area; and WHEREAS, the City has existing isolated lots where the width exceeds the depth, creating constraints for efficient use of underutilized properties; and WHEREAS, the requirement for public street frontage for each lot can prevent development and the efficient use of land; and WHEREAS, the City’s Comprehensive Plan identifies the encouragement of infill and density development to protect open space and critical areas, and to accommodate population increases and provide support for more walkable neighborhoods (LU-3-B); WHEREAS. “Flag Lots” are defined as lots not meeting minimum frontage requirements and where access to the public right-of-way is by a narrow private driveway, as defined in PMC 25.15.140; and WHEREAS, the City recognizes that providing shared street frontage for isolated residential lots (flag lots) may assist in meeting the goals of the City’s Comprehensive Plan, The Washington State Growth Management Act and City Council Goals. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 21.20.050 entitled “Lot Requirements” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 21.20.050 LOT REQUIREMENTS. Every lot shall abut on a street. (1) Lots with double frontage shall be avoided when possible. (2) Corner lots in residential districts shall be designed to allow for appropriate setbacks of a building from both streets. (3) Side lines of lots shall be approximately at right angles to the street line or radial to curved street lines. Page 37 of 109 Ordinance - 2 (4) A plat containing lots adjacent to an arterial street shall not be approved unless the plat recites a waiver of the right of direct access to the arterial. Exceptions to this requirement may be permitted due to pre-existing development patterns that create practical difficulties for limiting arterial access. (5) Lots without public frontage may only be approved in residential zones where due to geometric, topographic, or other physical features in proportion to the size of the development, it would be impractical to extend or build a publicly dedicated street. Regulations can be found in Section 21.20.060 of the PMC. [Ord. 3398 § 2, 1999; Code 1970 § 26.16.050.] Section 2. That Section 21.20.060 entitled “Lots Without Public Street Frontage” of the Pasco Municipal Code shall be and hereby is created and shall read as follows: 21.20.060 LOTS WITHOUT PUBLIC STREET FRONTAGE. (1) Characteristics. Flag lot developments may be approved on a lot without full public street frontage in which access is provided by an approved private driveway / access strip. (2) Restrictions and Standards. The City’s preferred standard for lot configuration is defined in Section 21.20.050. Creation of residential lots without public street frontage may be approved only by meeting the criteria identified in 21.20.060 (2) (a-n): (a) Allowed in residential zones where construction of a public street would prevent the achievement of the minimum residential density of the underlying zone designation; (b) Permitted only where due to geometric, topographic, or other physical features in proportion to the size of the development, it would be impractical to extend or build a publicly dedicated street; (c) Must be approved through Subdivision process identified in Title 21 of the Pasco Municipal Code; (d) There shall be no more than three adjoining lots created without public street frontage; (e) Emergency Access: When the furthest point of a proposed structure is greater than 150 feet in distance from the public right-of-way, as measured along an accessible route, an approved fire vehicle turnaround is required as defined by the International Fire Code (f) Parking: No parking is permitted along the access (shared driveway) portion of the lot. The installation of No Parking signage may be required as a condition of approval; Page 38 of 109 Ordinance - 3 (g) Utilities: Fire hydrants shall be located to meet the requirements of the International Fire Code. Extension of sanitary sewer, storm sewer, water or other utility lines that result from the creation of lot(s), will be at the expense of the property owners and subject to approval by the City Public Works, Building and Fire departments; (h) Drainage and storm water shall meet the requirements of PMC 16.10.050; (i) Signage with addresses shall be posted on the public street side for all properties that are adjacent to any private shared driveway or access; (j) Structural setbacks on lots without public street frontage shall conform to the requirements of the applicable zone; (k) Access, maintenance and utility easements necessary to accommodate and maintain proposed driveway / shared access improvements and utilities shall be approved through the Subdivision process in Title 21 and included on the face of the final plat; (l) Pavement sections for non-public street frontage driveway improvements are subject to approval by the Pasco Public Works and Fire Department. Gravel lots will not be permitted; (m) The shared driveway / access must be maintained by the Homeowner’s Association or by the adjoining property owners. A maintenance agreement must be recorded prior to the issuance of the certificate of occupancy and signage on the plat and must include provisions for snow removal, garbage pickup and any other necessary provisions as determined by the City; and (n) Access shared/common driveways for lots without public street frontage shall abide by the minimum frontage, pavement and easement widths shown in the table below: Lot Configuration Minimum Lot Frontage (Flag Width) Minimum Pavement Width Minimum Easement Width Single Family Detached; One Dwelling Unit per Lot 1 lot 12 10 14 2 lots with adjacent flags 8 (per lot) 15 19 3 lots with adjacent flags 8 (per lot) 20 24 Multiple Dwellings Duplex on 1 lot (2 Units on 1 lot) 12 (per unit) 15 20 Page 39 of 109 Ordinance - 4 Section 3. This Ordinance shall be in full force and effect five days after passage and publication as required by the law. PASSED by the City Council of the City of Pasco, 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 40 of 109 MEMORANDUM TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers DATE: THURSDAY, May 16th, 2019 7:00 PM 1 TO: Planning Commission FROM: Jacob B. Gonzalez, Senior Planner SUBJECT: Shared Street Frontages (Lots) (MF# CA 2018-008) Background The purpose of this memorandum is to provide an update to the Planning Commission regarding the ongoing efforts to address appropriate infill and development strategies for the City. This item was introduced to the Planning Commission in late 2018 followed by a public hearing in February. It was postponed at the March 2019 meeting to allow for additional staff review, considerations and refinement. The discussions originate from the increasing need to accommodate housing needs in our city. Staff has coordinated the details of the ordinances for review including the impacts and relationship to housing, safety (fire and emergency) and transportation. The following ordinance was proposed: Ordinance: Residential Lots without Public Street Frontage (new) Attached to the staff report are references (sketches) and ordinance for your review. ______________________________________________________________________________ RECOMMENDATION: MOTION: I move to close the public hearing on the proposed code amendments. MOTION: I move the Planning Commission recommend to the City Council the adoption of the proposed code amendments for Shared Street Frontages as contained in the May 16th, 2019 Planning Commission staff report. Page 41 of 109 ORDINANCE NO. _______ AN ORDINANCE of the City of Pasco, Washington Amending Section 21.20 “Lots and Blocks” to Allow the creation of Residential Lots without Public Street Frontage WHEREAS, the City has pursuant to PMC 21.05.020 identified that regulating the division of land within the Pasco Urban Growth Area to promote the health, safety, convenience, comfort, prosperity and general welfare of the present and future inhabitants of the Pasco Urban Growth Area; and WHEREAS, the City has existing isolated lots where the width exceeds the depth, creating constraints for efficient use of underutilized properties; and WHEREAS, the requirement for public street frontage for each lot can prevent development and the efficient use of land; and WHEREAS, the City Comprehensive Plan identifies the encouragement of infill and density development to protect open space and critical areas, accommodate population increases and provide support for more walkable neighborhoods (LU-3-B); WHEREAS. “Flag Lots” are defined as lots not meeting minimum frontage requirements and where access to the public right-of-way is by a narrow private driveway, as defined in PMC 25.15.140; and WHEREAS, the City recognizes that providing shared street frontage for isolated residential lots (flag lots) may assist in meeting the goals of the City Comprehensive Plan, The Washington State Growth Management Act and City Council Goals. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 21.20.060 of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: 21.20.060 LOTS WITHOUT PUBLIC STREET FRONTAGE (1) Characteristics Flag lot developments may be approved on a lot without full public street frontage in which access is provided by an approved private driveway / access strip. (2) Restrictions and Standards The City’s preferred standard for lot configuration are defined in Section 21.20.050. Creation of residential lots without public street frontage may be approved only by meeting the criteria identified in 21.20.060 (2) (a-n): Page 42 of 109 a) Allowed in residential zones where construction of a public street would prevent the achievement of the minimum residential density of the underlying zone designation; b) Permitted only where due to geometric, topographic, or other physical features in proportion to the size of the development, would be impractical to extend or build a publically dedicated street; c) Must be approved through Subdivision process identified in Title 21 of the Pasco Municipal Code; d) There shall be no more than three adjoining lots created without public street frontage; e) Emergency Access: When the furthest point of a proposed structure is greater than 150 feet in distance from the public right-of-way, as measured along an accessible route, an approved fire vehicle turnaround is required as defined by the International Fire Code f) Parking: No parking is permitted along the access (shared driveway) portion of the lot. The installation of No Parking signage may be required as a condition of approval; g) Utilities: Fire hydrants shall be located to meet the requirements of the International Fire Code. Extension of sanitary sewer, storm sewer, water or other utility lines that results from the creation of lot(s), will be at the expense of the property owners and subject to approval by the City Public Works, Building and Fire departments; h) Drainage and storm water shall meet the requirements of PMC 16.10.050 i) Signage with addresses shall be posted on the public street side for all properties that are adjacent to any private shared driveway or access; j) Structural setbacks on lots without public street frontage shall conform to the requirements of the applicable zone; k) Access, maintenance and utility easements necessary to accommodate and maintain proposed driveway / shared access improvements and utilizes shall be approved through the Subdivision process in Title 21 and included on the face of the final plat; Page 43 of 109 l) Pavement sections for non-public street frontage driveway improvements are subject to approval by the Pasco Public Works and Fire Department. Gravel lots will not be permitted; m) The shared driveway / access must be maintained by the Homeowners Association or by the adjoining property owners. A maintenance agreement must be recorded prior to the issuance of the certificate of occupancy and signage on the plat and must include provisions for snow removal, garbage pickup and any other necessary provisions as determined by the City; n)Access shared/common driveways for lots without public street frontage shall abide by the minimum frontage, pavement and easement widths shown in the table below: Lot Configuration Minimum Lot Frontage (Flag Width) Minimum Pavement Width Minimum Easement Width Single Family Detached; One Dwelling Unit per Lot 1 Lot 12 10 14 2 lots with adjacent flags 8 (per lot) 15 19 3 lots with adjacent flags 8 (per lot) 20 24 Multiple Dwellings Duplex on 1 lot (2 Units on 1 lot) 12 15 20 Section 2. That Section 21.20.050 of the Pasco Municipal Code (Lot Requirements), shall be and hereby is amended and shall read as follows: Every lot shall abut on a street. (1)Lots with double frontage shall be avoided when possible. (2)Corner lots in residential districts shall be designed to allow for appropriate setbacks of a building from both streets. (3)Side lines of lots shall be approximately at right angles to the street line or radial to curved street lines. (4)A plat containing lots adjacent to an arterial street shall not be approved unless the plat recites a waiver of the right of direct access to the arterial. Exceptions to this requirement may be permitted due to pre-existing development patterns that create practical difficulties for limiting arterial access. [Ord. 3398 § 2, 1999; Code 1970 § 26.16.050.] (5) Lots without public frontage may be only be approved in residential zones where due to geometric, topographic, or other physical features in proportion to the size of the development, Page 44 of 109 would be impractical to extend or build a publically dedicated street. Regulations can be found in Section 21.20.060 of the PMC; Section 3. This ordinance shall be in full force and effect five days after passage and publication as required by the law. PASSED by the City Council of the City of Pasco, and approved as provided by law this ________ day of ____________________, 2019. _____________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ________________________ __________________________ City Clerk City Attorney Page 45 of 109 n) Lot Configuration Minimum Lot Frontage / Flag Width Minimum Pavement Width Minimum Easement Width Single Family Detached; One Dwelling Unit per Lot 1 lot 12 10 14 2 lots with adjacent flags 8 (for each lot) 15 19 3 lots with adjacent flags 8 (for each lot) 20 24 Multiple Dwellings Duplex on 1 lot (2 units on 1 lot) 12 (for each lot) 15 20 Page 46 of 109 SFDU – 1 Lot New Lot Existing Lot < - 14' Min Easement Width - > Min Pavement Width Min Lot Frontage Width<- 12' Min -> <-10' -> PUBLIC STREET Shared Frontage / Access Fire / Emergency Access: If length is 150 ft or more, turnaround required as per IFC. Page 47 of 109 SFDU – 2 Lots Adjacent Lot 2 Adjacent Lot 1 Existing Lot < - 19' Min Easement Width - > Min Pavement Width <- 16' Ft Min ->Min Lot Frontage Width <-15' -> PUBLIC STREET Shared Frontage / Access Fire / Emergency Access: If length is 150 ft or more, turnaround required as per IFC. Page 48 of 109 SFDU – 3 Lots Adjacent Lot 3 Adjacent Lot 2 Adjacent Lot 1 Existing Lot < - 24' Min Easement Width - > Min Pavement Width Min Lot Frontage Width< - 24' Min - > <-20' -> PUBLIC STREET Shared Frontage / Access Fire / Emergency Access: If length is 150 ft or more, turnaround required as per IFC. Page 49 of 109 MDU – Duplex New Lot Existing Lot < - 20' Min Easement Width - > Min Pavement Width Min Lot Frontage Width <-15' -> <- 12' Min -> PUBLIC STREET Shared Frontage / Access Fire / Emergency Access: If length is 150 ft or more, turnaround required as per IFC. Page 50 of 109 MINUTES PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers THURSDAY, MAY 16, 2019 7:00 PM Planning Commission Meeting Page 1 May 16, 2019 CALL TO ORDER: The meeting was called to order at 7:00 pm by Chairperson Roach. ATTENDANCE: Commissioners Present: Tanya Bowers, Joseph Campos, Abel Campos, Isaac Myhrum, Zahra Roach, Pam Bykonen Staff Present: Rick White (Community & Economic Development Director), Jacob B. Gonzalez (Senior Planner), Darcy Bourcier (Planner I), Krystle Shanks (Administrative Assistant II) MEETING VIDEO ON DEMAND: This meeting in its entirety has been posted and can be viewed on the City’s webpage at https://psctv.viebit.com. APPEARANCE OF FAIRNESS: Chairperson Roach read a statement about the appearance of fairness for hearings on land use matters. There were no declarations. Chairperson Roach then asked the audience and the Planning Commission if there were any objections based on a conflict of interest or appearance of fairness question regarding the items to be discussed. There were no objections. ADMINISTERING THE OATH: Chairperson Roach explained that state law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairperson Roach swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Myhrum moved, seconded by Commissioner A. Campos that the minutes dated March 21, 2019. The motion passed unanimously. OLD BUSINESS: A. Preliminary Plat Preliminary Plat, Black Belle Estates (33 lots) (J&J Kelly Construction) (MF# PP 2019-001) Chairperson Roach read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the preliminary plat application for Black Belle Estates (33 lots). There Page 51 of 109 Planning Commission Meeting Page 2 May 16, 2019 were no further questions or comments. Commissioner Bowers moved, seconded by Commissioner Bykonen, to adopt findings of fact and conclusions therefrom as contained in the May 16, 2019 staff report. The motion passed unanimously. Commissioner Bowers moved, seconded by Commissioner Bykonen, based on the findings of fact and conclusions, as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat for Black Belle Estates with conditions as listed in the May 16, 2019 staff report. The motion passed unanimously. B. Rezone Rezone from C-1 (Retail Business) to C-3 (General Business) (YESMAR Properties Inc.) (MF# Z 2019-004) Chairperson Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the rezone application from C-1 (Retail Business) to C-3 (General Business) with a concomitant agreement to eliminate some of the heavier uses typically allowed in C-3 zones but would allow for specific uses as the applicant requested. Commissioner Myhrum asked if the applicant was in agreement with the current conditions as listed in the staff report and concomitant agreement. The applicant did not wish to further speak to the item and was in agreement with the conditions. Commissioner A. Campos moved, seconded by Commissioner J. Campos, to close the hearing and adopt findings of fact and conclusions therefrom as contained in the May 16, 2019 staff report. The motion passed unanimously. Commissioner A. Campos moved, seconded by Commissioner Myhrum, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council rezone the parcel from C-1 (Retail Business) to C-3 (General Business), with a concomitant agreement limiting the uses to those found in the C-1 zoning district, with the addition of microbreweries, and adding conditions pertaining to design standards. The motion passed unanimously. PUBLIC HEARINGS: A. Special Permit Location of Franklin County Museum Annex Building (Franklin County Historical Society) (MF# SP 2019-002) – Continued from a previous meeting Chairperson Roach read the master file number and asked for comments from staff. Jacob B. Gonzalez, Senior Planner, discussed the special permit application for the location of the Franklin County Museum Annex Building. A new site plan was submitted but there are still remaining concerns to parking. Page 52 of 109 Planning Commission Meeting Page 3 May 16, 2019 There was discussion between Staff and Commissioner regarding the PUD Easement, power access and the revised site plan and alley way access. Richard Scheuerman, 2685 Torrey Pines Way, Richland, WA spoke in support of his special permit application. He stated that they have revised the site plan due to feedback from the previous meeting. Commissioner Roach asked Mr. Scheuerman if he had a chance to look over the approval conditions, parking in particular. Mr. Scheuerman replied that he had and they are willing to do what it takes. Commissioner Bowers moved, seconded by Commissioner J. Campos, moved to continue the public hearing for the special permit on the proposed location of an annex building for the Franklin County Museum in the R-3 (Medium Density Residential) zoning district to the June 20, 2019 Planning Commission Meeting. The motion passed unanimously. B. Code Amendment Code Amendment for Minimum Lot Sizes (MF# CA 2017-009) – Continued from a previous meeting Chairperson Roach read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the code amendment for minimum lot sizes. In March 2019, the Planning Commission was in agreement to leave the R-1 zoning district at 7,200 square foot minimum lot sizes and 60’ of frontage. Proposed revisions were to R-2 (5,000 sqft. minimum), R-3 (4,500 sqft. minimum) and R-4 (4,000 sqft. minimum) to change them to 50’ lot frontages. There was discussion between Staff and Commissioners regarding the revisions, ensuring the minimum lot sizes and frontages were proportionate, and minimum frontages in neighboring cities compared to the proposed lot frontages for Pasco. Commissioner Bowers moved, seconded by Commissioner Myhrum, to close the public hearing on the proposed code amendment and set June 20, 2019 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. C. Code Amendment Code Amendment for Shared Street Frontages (MF# CA 2018- 008) – Continued from a previous meeting Chairperson Roach read the master file number and asked for comments from staff. Jacob B. Gonzalez, Senior Planner, discussed the code amendment for shared street frontages. The code amendment would allow for infill development in particular in areas with irregular lot shapes that are not able to develop with the current code that requires frontage. This would allow to develop with a private driveway. The criteria and standards were discussed in detail for development, fire and safety. This would be a tool for infill and not for regular development but would help meet housing goals. Chairwoman Roach asked if it would be written in the code to be used only for infill. Page 53 of 109 Planning Commission Meeting Page 4 May 16, 2019 Mr. Gonzalez explained that it would. Commissioner Myhrum asked about emergency access standards. Mr. Gonzales replied that cul de sacs would be preferred. Rick White, Community & Economic Development Director, added that it would be a 60’ radius turn around in the cul de sac. Commissioner Bowers asked about multiple dwellings that was given as an option and was concerned about density. Mr. Gonzalez stated that it would still have to meet the density standards of the zoning. Commissioner Myhrum moved, seconded by Commissioner A. Campos, to close the public hearing on the proposed code amendment. The motion passed unanimously. Commissioner Myhrum moved, seconded by Commissioner A. Campos, the Planning Commission recommend to the City Council the adoption of the proposed code amendments for shared street frontages as contained in the May 16, 2016 Planning Commission staff report. The motion passed unanimously. D. Code Amendment Code Amendment Regarding Special Permits for Auto-Wrecking (MF# CA 2019-008) – Continued from a previous meeting Chairperson Roach read the master file number and asked for comments from staff. Jacob B. Gonzalez, Senior Planner, discussed the code amendment regarding special permits for auto- wrecking. The applicant wishes to amend the Pasco Municipal Code section regarding special permits to add an unclassified use to allow for automobile wrecking yards. Special permits are required to undergo special review by Staff, Planning Commission and City Council. Staff illustrated in the staff report where this code amendment could be applicable if approved. If permitted, it still would not be allowed in the C-1 or C-2 zones but would be allowed via special permit in the C-3, BP and I-1 zoning districts. The zoning code already permits the use of auto-wrecking in I-2 and I-3 zoning districts. Because it is already allowed in the I-2 and I-3 zoning districts, City Staff did not recommend the approval of the code amendment. Dwight Hume, 9101 N. Mountain View Lane, Spokane, WA spoke on behalf of his client how currently owns an auto-wrecking yard in Pasco. His client is looking to remediate code enforcement violations because part of their business is on a non-conforming site. He discussed in detail the issues with non-conforming uses in Pasco. Commissioner Bowers asked for clarification to for the location of the non-conforming portion of his client’s property. Mr. Hume stated that it is an adjoining property. Page 54 of 109 Planning Commission Meeting Page 5 May 16, 2019 Rick White, Community & Economic Development Director, added that the location is on ‘A’ Street but the issues isn’t a site specific issues. This code amendment would apply city-wide. Commissioner Myhrum agreed with staff that this code amendment would not be optimal. He asked if there was a way to handle non-conforming use expansion on a case by case basis. Mr. Gonzalez stated that earlier in the year the Planning Commission did look at expansion of non- conforming uses but that request was withdrawn by the applicant to pursue this code amendment instead. Mr. White reminded the Planning Commission that they also didn’t express interest at that time in expanding non-conforming uses. Commissioner Myhrum asked if the applicant could apply for a rezone to conform. Mr. White said rezones could be requested. In this case, it may need to be accompanied by a Comprehensive Plan Amendment. Commissioner Bowers asked if the staff recommendation for denial of the code amendment was due to its proximity to residential. Mr. Gonzalez said the main reason was because there are already existing zones were this type of use is appropriate. Chairwoman Roach asked what Staff would recommend in this case for the auto-salvaging company in order to resolve their issues. Mr. White replied that Staff didn’t know if they could recommend anything. The Planning Commission needs to look at whether they are comfortable with wrecking yards in C-3 Zones. He briefly went over the history of the property in question and non-conforming uses. Commissioner Bowers said it is unfortunate that the applicant is having difficulties operating their business due to its non-conformity but with that said, she was not in favor of adding wrecking yards to the list of unclassified uses. Chairwoman Roach, Commissioner Myhrum and Commissioner A. Campos were in agreement with Commissioner Bowers. Commissioner Bowers moved, seconded by Commissioner A. Campos, to close the hearing on the proposed code amendment. The motion passed unanimously. Commissioner Bowers moved, seconded by Commissioner A. Campos, to deny the proposed code amendment to the Pasco Municipal Code and not allow for the addition of automobile wrecking yards as an Unclassified Use as defined in PMC 25.200.020. The motion passed unanimously. WORKSHOP: Page 55 of 109 Planning Commission Meeting Page 6 May 16, 2019 A. Code Amendment Code Amendment to Increase Dwelling Height in R-3 and R-4 Zones (MF# CA 2019-009) Chairperson Roach read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the proposed code amendment to increase dwelling heights in the R-3 and R-4 zoning districts. There was discussion between Staff and Commissioners regarding some concerns as well as support for the code amendment. No action was required at this time but the Commissioners agreed to bring it back to the June meeting as a public hearing item. OTHER BUSINESS: A. Comprehensive Plan Comprehensive Plan Update (April 22, 2019 City Council Workshop Meeting) Chairperson Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, gave a presentation on the Comprehensive Plan Update. The slides presented were from the April 22, 2019 City Council Meeting. ADJOURNMENT: With no further discussion or business, the Planning Commission was adjourned at 8:36 PM. Respectfully submitted, Krystle Shanks, Administrative Assistant II Community & Economic Development Department Page 56 of 109 AGENDA REPORT FOR: City Council June 25, 2019 TO: Dave Zabell, City Manager Regular Meeting: 7/1/19 FROM: Steve Worley, Director Public Works SUBJECT: 20th Avenue Overlay Project Bid Award I. REFERENCE(S): Vicinity Map Bid Tabulation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to award the low bid for the 20th Ave Overlay Project to Central Washington Asphalt of Benton City in the amount of $386,587.65 and, further, authorize the City Manager to execute the contract documents. III. FISCAL IMPACT: Budgeted in the Overlay Fund (130) in the amount of $440,000. IV. HISTORY AND FACTS BRIEF: The City's Pavement Preservation program includes the maintenance and repair of the street network to ensure the City’s overall pavement condition is maintained at a desired level of service. With more than 600 lane miles of street pavement to maintain, a continued investment in routine maintenance helps extend the life of the City's transportation system. The 2019 Pavement Preservation program includes the 20th Avenue – Court Street to I-182 Overlay project. This project includes resurfacing the street with asphalt paving, updating the pedestrian ramps to meet current ADA requirements, and other related work. This project is scheduled to last about two and half months. Work will be coordinated to minimize the impact on schools and traffic. Page 57 of 109 V. DISCUSSION: On June 12, 2019 the City received three (3) bids for construction of the 20th Avenue Overlay project. The lowest responsive bidder, Central Washington Asphalt, submitted a bid in the amount of $386,587.65 for the work. Staff has reviewed the bid submittals and found no exceptions or irregularities. Staff recommends the award of the 20th Avenue – Court Street to I-182 Overlay project contract to Central Washington Asphalt. This item was discussed at the June 24th, 2019 Council Workshop meeting. The question of number of working days was asked. The contract calls for 50 working days, this amount to time was based on scope and complexity of the project. As 20th Avenue is a busy arterial, connecting the Court and Sylvester Street corridors to Interstate 182, resurfacing of this corridor will cause some delays for motorists. Although it is allowable for traffic to be reduced to a minimum of one lane each direction at times, no full road closures are anticipated; however, the public can expect to see lane closures and other significant traffic control measures throughout the duration of this project. Page 58 of 109 W COURT ST20TH AVE AGATE STPEARL STI-182RUBY STVICINITY MAPNTSPage 59 of 109 m_cmcz_z_>z< IE Fine03.42..Franc no...><o:...o«.3m.,;< o:no._:_m_._n_>mu:u=no. w_2._m=.___.2) 4|1| mg.mamoan. E24:23uanmEoczq 8.8988.8a8mm.8c.o¢ 8.898am._8o.8am.8o.8._. Pmooco$8.8Emcee mN88E98E98 ~o_o8.8moumoco8.ao.oo $9838.83.0008. NNSPSmooEmmobo §_§mo.oo8.83.80.8 ??coaMA.00a,mmo.8 O$.m8_8Sum:.u$.mo 0ouwobo98m.m$.oo. $m.omo.oommmm§_9~% Nmmuwooagomp?mbo r>+wmo8898$8.8 wmumoomac838.8. —>38.8898“.898. 6m?mooGonem.8o.oo E_3m.ooN398Eiwoco 898T8$5.8 .._8m.oo._;oedmao umwooemm85¢ 895bummmunm émmososumm.oE.8 Nmcwoo:58~$m.8 ac_3c.mmmg.83 00:39.mmrmsuno...>m_u_.m=v-\m.Nm\m Page 60 of 109 AGENDA REPORT FOR: City Council June 25, 2019 TO: Dave Zabell, City Manager Regular Meeting: 7/1/19 FROM: Steve Worley, Director Public Works SUBJECT: Burbank Irrigation District Water Rights - Purchase and Sale Agreement I. REFERENCE(S): Purchase and Sale Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Water Right Purchase & Sale Agreement with Burbank Irrigation District and, further, authorize the City Manager to execute the Agreement. III. FISCAL IMPACT: If approved, the purchase of the subject water rights, in the amount of $560,000 spread equally over a four-year period, will be paid for from the Water Fund 411. The 2019- 2020 Budget includes $275,000 each year for the purchase of water rights. IV. HISTORY AND FACTS BRIEF: As the City continues to grow, additional water rights are needed to serve new residences and businesses. To stay ahead of the curve, staff is continuously looking for available water rights for purchase or long-term lease. The Burbank Irrigation District has 320 acre-feet of water rights available for the City of Pasco to purchase at the going market price. V. DISCUSSION: Currently the City possesses sufficient water rights to meet the current domestic water needs, but not enough to meet all future needs. In addressing planned future growth, the City staff has been pursuing additional water rights for sale or lease. Here are examples of these efforts: Page 61 of 109 • Annual lease of 5,000 acre-feet/year split of municipal domestic water rights from the WA Department of Ecology Quad City Water Right S4-33044 due to the available water related to the Lake Roosevelt draw-down authorized by the state in 2006. Cost will $38/acre-feet/year. Application under review. • Annual lease of an additional 10,000 acre-feet/year of municipal domestic water rights and 5,000 acre-feet of municipal irrigation water rights S3-30852 from the Lake Roosevelt draw-down. Cost will be $38/acre-foot/year. Application under review. A portfolio of owned and leased water rights is a reasonable strategy for meeting the needs of the growth planned over the next few decades. Purchase of the subject 320 acre-feet of municipal water rights from the Burbank Irrigation District provides the City with additional municipal water rights to help meet the City's continual growth needs. City staff continues to pursue all available municipal and irrigation water rights to assure future water needs are met. This item was discussed at the June 24th, 2019 Council Workshop, follow up to the discussion is as follows: The right of refusal language in the contract was added by the District due to the fact that the purchase of the subject water rights is over a period of four years involving 4 annual payments. The District’s intent in including the language being that should the City default, the District would get first consideration. Once the City satisfies the purchase agreement the option dissolves along with the agreement and the City has sole ownership of the water rights. On the question of surface or ground water rights; while the District draws this water from wells, the wells are considered “ground water under the influence of surface water” as they are hydraulically connected to the Columbia River. Similarly, the City will be pulling water from wells under the influence of surface water. The water is, and will be, drawn from the McNary pool, which allows these rights to be moved upstream. There are a number of unique terms associated with the use of water rights. A question was asked as to the status of the water rights in question. To clarify, the water rights under consideration are certificated water rights. The fact that these rights are moving across the Snake River means that there will be a “perfecting” process that the City will have to accomplish at the new withdrawal point. Essentially this mean pulling the water out of the ground at a rate and amount consistent with the water right(s) being perfected. Staff recommends approval of the proposed purchase and sale agreement. Page 62 of 109 Page 63 of 109 WATER RIGHT PURCHASE AND SALE AGREEMENT THIS AGREEMENT (“Agreement”)is entered into this day of ,2019 by and between Burbank Irrigation District,hereafter collectively referred to as “Seller”,and City of Pasco,hereafter collectively referred to as “Purchaser”. IN CONSIDERATION of the conditions stated herein,and for good and valuable consideration, the receipt and suf?ciency of which are hereby acknowledged,Seller and Purchaser agree as follows: 1.Earnest Money.Thirty (30)days following execution of this Agreement,Purchaser shall pay to Seller earnest money in the amount of Ten Thousand Dollars ($10,000.00),which shall apply to the purchase price at Closing.The earnest money is considered non-refundable unless this transaction does not close due to the fault of the Seller.If due to the Seller’s fault, said earnest money shall be refunded to the Purchaser,except as provided herein. 2.Agreement to Sell/Purchase;Description of Water Rights.The Seller agrees to sell,transfer and convey to the Purchaser and the Purchaser agrees to purchase and accept from the Seller,upon the terms and conditions contained herein,the transferable portion of the water rights set forth below held under the water right Certi?cate G3 —26578C.A copy of the Certi?cate is attached hereto as Exhibit A. This is a transfer of water rights only.Any improvements associated with the water right, including such improvements for a diversion system or delivery system,installed at the current point of diversion or withdrawal and/or place of use are not included in this sale.It is understood and agreed that only the transferable portion of the Water Right shall qualify for sale/purchase under this agreement.The transferable portion as used herein is de?ned as the water right quantities approved for ?nal transfer by the Franklin County Water Conservancy Board and as approved by the Department of Ecology in deciding the water right change application.Said transferable portion shall be referred to herein as the “Water Right”.The Water Right shall include the maximum transferable acre-feet allowed for transfer,and the proportionate maximum flow rate based on acre-feet transferred. Preliminary estimate of available water is 320 acre-feet of water right,based on annual usage,and 690 gallons per minute instantaneous ?ow. 3.Purchase Price;Pament.The Purchase Price is the sum of One Thousand Seven Hundred and Fi?y and No/100 ($1,750.00)dollars per acre-foot of transferred annual volume for up to Three Hundred Twenty (320)acre-feet of annual volume;payable in a four (4)year schedule as follows: Within thirty days of Agreement execution —$10,000 pre—paidas earnest money Page 64 of 109 Year One:One Hundred Thirty Thousand Dollars ($130,000) Payable within 30 days of ?nal approval of Department of Ecology, estimated to be paid in approximately March 2020. Year Two:One Hundred Forty Thousand Dollars ($140,000) Payable 12 months after first payment Year Three:One Hundred Forty Thousand Dollars ($140,000) Payable 24 months a?er first payment Year Four:One Hundred Forty Thousand Dollars ($140,000) Payable 36 months after first payment If the review and approval of the Department of Ecology results in a reduction of the acre—feetto be transferred,then the above dollars will be changed to reflect that reduction. 4.Transfer.Within thirty (30)days of both Seller and Purchaser executing this Agreement,Purchaser shall provide earnest money to Seller pursuant to Section 1 in the form of a check made payable to Burbank Irrigation District No.4 and delivered to Kuffel,Hultgrenn, Klashke,Shea &Ellerd.Within sixty (60)days of an executed Agreement,Seller (or their Agent) shall provide an Application for Change/Transfer of Water Right to the Department of Ecology. Seller shall facilitate the Application as quickly as possible,however,both Seller and Purchaser acknowledge that the Change/Transfer process can take up to twelve (12)months from submittal of application to complete.The parties agree to cooperate fully to support the transfer of the maximum amounts of the Water Right(s),including performing any and all acts and executing any and all documents as may be reasonable,necessary and proper to accomplish the purposes of this Agreement.If the transfer is not finalized,including the expiration of an appeal period,within sixteen (16)months of the date of this Agreement,Purchaser or Seller shall have the right to terminate this Agreement without further obligation to complete the sale.Seller,at its sole discretion,may grant extensions of this time period.If the Seller elects to terminate this agreement as provided herein,the earnest money shall be refunded to Purchaser,notwithstanding any other provision contained herein to the contrary.Upon termination by Seller as provided for herein, Purchaser agrees to execute any and all documents necessary to rescind and withdraw the transfer application and shall make no claim of title to the Water Right(s)in the name of the Seller. 5.Form of Deed.Seller shall convey title to the Water Right(s)to Purchaser by Quit Claim deed,along with the required Ecology Documentation,in substantially the same form and format as Exhibit B attached hereto and incorporated by this reference after the last payment is made as set forth in Section 3 above. 6.Possession.Purchaser shall be entitled to use of the water on the closing date. 7.Disclaimer of Warranties and Release. (6) Page 65 of 109 (i)Seller warrants that Seller has good marketable title to the Water Right sold herein and that there are no liens or encumbrances against the Water Right(s). (ii)Seller further warrants that they are a municipality and at least a portion of the water rights are being used. (iii)The representations and warranties of Seller contained in this Agreement are true and correct as of the closing date and will survive the closing of the transaction contemplated by this Agreement. (b)Disclaimer.Except as stated hereinabove in subsection 7(a)of this Agreement, (0) the Water Right(s)conveyed under this Agreement are sold “AS IS.”Seller does not make and specifically disclaims any warranties,express or implied, including any warranty of merchantability or fitness for a particular purpose. Further,Seller does not guarantee or warrant the quality and quantity of any water transferred under this Agreement and the water supply.The Seller shall not be liable for any water-related problems due to lack,failure,shortage, abandonment,or relinquishment of either instantaneous quantity or annual quantity,interruption or stoppage of the Water Right(s). Release.Except as stated hereinabove in subsection 7(a)of this Agreement, Purchaser hereby fully releases Seller from any and all liability to Purchaser arising out of or related to the quality,quantity,and availability of the water covered by the Water Right(s)prior to,at,or after closing. 8.Contingency.The obligations of the parties to this Agreement are contingent upon: (3) (b) The ?nal approval from the Department of Ecology and/or through the Franklin County Water Conservancy Board (“the Agencies”)for change of the Water Right(s)to meet Purchaser’s needs for water use.During the time allowed for appeal of any decision of the Agencies regarding the transfer of the Water Right(s),Purchaser may appeal the decision at its sole discretion. “Final Approval”means the approval that stands either after the expiration of any appeal period;or after the exhaustion of appeal opportunities.The exhaustion of appeal opportunities may occur either as a result of Purchaser’s choice not to appeal,or as a result of due course in any judicial review proceedings. A favorable recommendation to Purchaser,by Purchaser’s consultant(s)and legal advisor(s),that the proposed transfer(s)appear to be feasible;said recommendation to be based on factual review of statutory tests for transfer and discussion with the Department of Ecology,at Purchaser’s discretion. Purchaser shall notify Seller within ninety (90)days of signing this Agreement of the recommendation.Purchaser may waive the contingency within this subsection 8(b),at Purchaser’s sole discretion.In the event that Purchaser Page 66 of 109 terminates this Agreement as a result of the recommendation of its consultant(s)and legal advisor(s)pursuant to this subsection 8(b),Seller shall retain the earnest money deposit and this Agreement shall terminate. (c)All provisions and/or conditions of any Final Approval must be acceptable to Purchaser at Purchaser’s sole discretion.Purchaser shall not unreasonably withhold acceptance of any provisions or conditions for approval of the Water Right(s)transfer. 9.Closing.The date of closing of the purchase transaction shall be within thirty (30) days of the satisfaction of the contingency (see Section No.8(a)above).The closing shall take place in the offices of Kuffel,Hultgrenn,Klashke,Shea &Ellerd,LLP,or other location as agreed to by both Seller and Purchaser. 10.Closing Costs.Seller shall be responsible for payment of real estate excise taxes if any required.The Parties shall share equally the cost of recording the deed,closing attorney’s fees,escrow fees and title insurance,and all other closing costs. 11.Closing Activities.As soon as practicable following the closing date,the Seller’s agent shall properly record and/or ?le necessary instruments and documents and proceeds of sale shall be distributed to Seller and/or applied against obligations of Seller and Purchaser as provided in this Agreement and in any closing statements executed by Seller and Purchaser as part of closing. 12.Failure to Close.If Seller or Seller’s agent is unable to close the conveyance of the Water Right(s)by 5:00 p.m.on the last possible closing date in compliance with the provisions of this Agreement because of the fault of one or the other of the parties,the party who is not at fault with respect to Seller's inability to close shall have the right,upon giving written notice to Seller’s agent,to terminate this Agreement. 13.Survival.The obligations not satis?ed at closing or intended to continue beyond closing shall not be deemed to have merged in the deed. l4.Notices.All notices required or permitted to be given hereunder shall be in writing and shall be deemed given upon personal service or deposit in the United States first class mail, postage prepaid,and addressed as follows: a.Seller:Burbank Irrigation District No.4 c/o Ms.Heidi Ellerd Kuffel,Hultgrenn,Klashke,Shea &Ellerd,LLP 1915 Sun Willows Blvd,Ste A Pasco,WA 99301 Page 67 of 109 b.Purchaser:City of Pasco Steve Worley,Public Works Director Public Works Department 525 N.Third Avenue Pasco,WA 99301 The foregoing addresses may be changed by written notice. 17.Entire Agreement.This Agreement constitutes the entire Agreement between the parties.No prior and contemporaneous negotiations,understandings and agreements,whether oral or written,are merged in these documents and the rights and obligations of the parties shall be as set forth herein. 18.Binding Nature;Assignment of Rights.All rights and obligations arising out of this Agreement shall inure to the benefit of and be binding upon the respective successors,heirs, assigns,administrators,if any,of the parties hereto.However,this Agreement shall not be assignable by Purchaser without the prior written consent and acceptance by Seller,which shall be at Seller’s sole and absolute discretion.No transfer,renewal,extension,or assignment of this Agreement or of the Water Right(s)or,if applicable,of any improvements,or any interest hereunder shall release the Purchaser from the Purchaser’s obligations hereunder. 19.Washington Law.This Agreement shall be construed,interpreted,and enforced pursuant to the laws of the State of Washington and venue shall be in Franklin County.The terms of this Agreement shall be given their ordinary meaning and shall not be construed in favor of or against either party hereto. 20.Time of the Essence.Time is of the essence in this Agreement.No waiver or consent to any breach or other default in the performance of any of the terms of this Agreement shall be deemed to constitute a waiver of any subsequent breach of the same or any other term or condition hereof.In the event time for performance falls on a weekend or legal holiday designated by the United States or Washington State,performance shall be deemed to be timely rendered if so rendered on the next business day. 21.Waiver,Modi?cation,or Amendment.No waiver,modi?cation,or amendment of any term or condition of this Agreement shall be effective unless in writing and signed by both parties,and no waiver or indulgence by either party of any deviation by the other party from full performance of this Agreement shall be a waiver of the right to subsequent or other full,strict,and timely performance. 22.Captions.The captions and section headings hereof are inserted for convenience purposes only and shall not be deemed to limit or expand the meaning of any section. 23.Invalidity.If any provisions of the Agreement shall be invalid,void or illegal,it shall in no way affect,impair or invalidate any of the other provisions hereof. Page 68 of 109 24.Good Faith.Both parties shall act reasonably and in good faith in order to consummate this transaction. 25.Dispute Resolution.In the event of a dispute regarding the enforcement,breach, default,or interpretation of this Agreement,the City of Pasco and the Burbank Irrigation District, 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. 26.Default.If either party defaults (that is,fails to perform the acts required of it)in the performance of the contractual requirements specified herein,the non-defaulting party may seek specific performance pursuant to the terms of this Agreement,damages,or rescission.If the non-defaulting party seeking damages or rescission is Purchaser,the Earnest Money,upon demand of Purchaser,shall be refunded to Purchaser.If the non-defaulting party seeking damages or rescission is the Seller,the Earnest Money,upon demand of Seller,shall be forfeited to Seller.In the event of default,neither party shall be liable for consequential damages. 27.Acceptance Deadline.If this Agreement is not signed by both parties on or before August 31,2019,then the terms offered herein shall be null and void and the earnest money shall be immediately refunded to Purchaser. IN WITNESS WHEREOF,the parties have executed this Agreement as of the clayand year first hereinabove written. %,“Purchaser""Seller" Burbank Irrigation District No.Dave Zabell City Manager Address:Address: Burbank Irrigation District No.4 City of Pasco c/0 Ms.Heidi Ellerd 525 N.Third Avenue Kuffel,Hultgrenn,Klashke,Shea &Ellerd,LLP Pasco,WA 99301 1915 Sun Willows Blvd,Ste A Telephone:(509)545—3404 Pasco,WA 99301 Telephone:(509)545-8531 Page 69 of 109 _.—\.7 ~'--...«—v----w Iv-.-—-,--~~‘ivy’.--—uwv V-—y.-aw.‘V?VVVVI-fvrwvrvrgy u._~;_..—.,~~y-\.~.T..v..,. 0 STATBWWASIWGNN. DEPARTMENTOFEMMQV . 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Page 71 of 109 STATE OF WASHINGTON DEPARTMENTOFECOLOGY 4601 N Monroe Street ‘I Spokane,Washington99205-1295 -(5 09)329-3400 June 10,2009 Burbank IrrigationDistrictNo.4 P.O.Box 2368 ' Pasco,WA 99302 Dear Sirs: Re:Applicationfor changeltransferunder Ground Water Certi?cate No-G3-26578 WALL 08-09 ' In accordancewith RCW 90.80.080 the Departmentof Ecology has reviewed the Recordof Decision (ROD),Report of Examination (ROE),and all comments,protests,objections and other relevant informationsubmittedby the Walla Walla County Water Conservancy Board for theabove referenced applicationfor change.. The Department of Ecologyhas modi?ed the decisionof theBoard and the proposedchange/transferof water right is approved under the following conditions: Summary of Ecology’s ?nal order MAXUWUMCUBF17SECOND MAXHVIUMG MAXDIIUMACRE-FFIYR TYPE OF USE,PERIOD OF USE Municipal Supply SOURCE TRIEUTARYOF (IF SURFACE WATER) Four (4)wells AT A POINTLOCATED. PARCELN0.‘/4 ‘/4 RANGE wma COUNTY. 1-300302532100 SE SE 30 E.32 I Walla Walla 2.300802532100 SE SE 30 E.32 Walla Walla 3.300811110002 NE NE 11 30 E.32 Walla Walla 4-310935310003 NE SW 35 31 E.33 Walla Walla LEGAL DESCRIPTIONOF PROPERTY ON WHICHWATER IS TO BE USED‘AS APPROVED BY THE BOARD Area served by Burbank IrrigationDistrictNo.4 (BID #4),within the SE%of Sec.2;the SW‘/4of Sec.1;and the NE‘/:of Sec.11,ALL WITHINT.8 N.,R.30 E.W.M. ALSO,A portion of Sec.35,T.9 N.,R.31 E.W.M.described as follows:Beginning at the intersection of the Northerly right-of-way line of Secondary State HighwayNo.3-D (SR 124)with the Easterly right—of-wayof the Oregon—Washington Railroad&Navigation Company in the SW%of said Sec.35,running thence Northeasterly,along said Easterly Railroad right—of-wayline,a distance of 2,000 feet;thenceSouthwesterly at right angles to said right—of~wayline,a distance of 500 feet;thenceSouth,parallelto the East line of the SW%of said Sec.35 a distanceof 1232.93feet more or less to the Northerly right-of—wayline of said Secondary State Highway No.3-D (SR 124);thence Westerly along said highway North right-of-way line to the point of beginning,ALL WITHIN T.9 N.,R.31 E.W.M.Containing approximately34 acres.(Hillside Farms IndustrialSite) nncrano.'sacnow Various ‘ A 1.)1,2andll 2.)35 Page 72 of 109 Burbank Irrigation District Q4 June 10,2009 Page 2 The following are modifications to the Decision of the Board: 1.ROE —Page 3,Board ’s Decisionon Application:The locations of the wellsauthorizedfor use i have been modi?ed.The Boards Decisionon the Applicationlists three wells within the NE‘/sNE‘/sof Sec.-1l,T.8 N.,R 30 E.W.M.This is the correct locationfor Well #3;however,Well Nos.1 and 2 are located withinSec.2,T.8 N.,R.30 E.W.M.The ParcelNumbersare also incorrect,and have been .modi?ed to reflectthe correct numbers. 2.ROE —Pg.6,Other Water Rights Appurtenaut to Property:The statement is made that BID #4 has a single water right certi?cate—-G3-26578C.Burbank Irrigation DistrictNo.4 currently holds four (4)water rights:Ground Water Certi?cate Nos.2272;3206;G3~25422Cand G3-26578C,each with separate priority dates.While G3—26578Cincorporatedthe quantities and wells authorizedfor use under the precedingwater rights,it did not supersedethese certi?cates.Certi?cate No.G3—26S78Chas the most junior priority date of the four rights,and would be the first of these four water rights to be subject to regulation if such actions were necessary.. 3.ROE —Page 9,PROVISIONS:The second provision down states that water use data shall be recorded weekly and maintainedby the property owner for a minimumof 5 years,and shallbe promptly submittedto Ecology upon request.‘Meter data is requiredto be submitted to Ecology annually.This provision is modi?edto read as follows:C Water use data shall be recorded weekly,fromall sources.We maximum rate of diversion./withdrawal and the annual total volume,fromall sources,shall be submitted to the Department ofEcology by January 31st ofeach calendaryear.i The second to last provisionreads as follows:All water wells constructed within the State shall meet the minimum standards for constructionand maintenanceas provided under RCW 18.104 '(Washington Water Well Construction Act of 1971)and Chapter 1730160 (sic)WAC (Minimum Standards for Construction and Maintenance of Water Wells).This provision is modi?ed to read as follows: All wells constructed in the state shall meet the construction requirements of WAG 1 73-160 titled ‘Minimum Standards for the Constructionand Maintenance of Wells”and RCW 18.104 titled “Water Well Construction”.Any well which is unusable,abandoned,or whose use has been permanently discontinued,or which is in such disrepair that its continued use is impractical or is an environmental,safety or public health hazard shall be decommissioned .4.ROE —-Page 9,PROVISIONS:The following Provisions/Conditions are addedto the ?nal decision: 1.In accordance with WAC1 73-160,wellsshall not be located within certain minimum distances ofpotential sources of contamination.These minimum distances shall comply with local health regulations,as appropriate.In general,wells shall be located at least I 00feetfrom sources ofcontamination.Wells shall not be located within 1,000 feet ofthe boundary ofa solid waste land?ll. 2.All wells‘shall be tagged with a Department ofEcology unique well identificationnumber.If you have an existing well and it does not have a tag,please contact the well-drilling coordinator at the regional Department ofEcology officeissuing this decision.Ihis tag shall remain attached to the well Ifyou are required to submit water measuring reports,reference this tag number. Page 73 of 109 BurbankInigation District”.4 June 10,2009 Page 3 .3.Prior to any new construction or alterationsofa public water supply system,the State Board of Health rules require public water supply owners to obtain written approval fromthe Officeof Drinking Water ofthe Washington State DepartmentofHealth.Please contact the Officeof Drinking Water prior to beginning (or modifying)your project at Eastern Drinking Water Operations,23403 E.Mission Ave.,Suite 114,Liberty Lake,WA 99019,(509)45 6~3l15. The water right holder shall ?le the notice ofgroiect completion when the permanent distribution system has been constructed grid the quantity ofwater required by the project has been put to full beneficialuse.The superseding certificatewill reflecttheextent ofbeneficial use within the limitations ofthe change authorization.Elements oftheproject completion inspection may include,as appropriate,the source(s),system instantaneous capacity,beneficial use(s),annual quantity,place ofuse,and compliance with provisions.4 King County Superior Court Judge Jim Rogers provided an oral ruling on June 11,2008 in Lunmzi Indian Nation,et al.v.State,thefacialchallenge to the constitutionality ofthe 2003 Municipal Water Law.The Court ruled that three MWLprovisions violate separation of powersunder the state Constitution:RCW 90.03.015(3)and (4),(definitions)and RCW 90.03.330(3)(”good standing”).Because this decision is under appeal,there is uncertainty as to the ultimate status ofthese statutory provisions and it is possible that they may be reinstated by the Supreme Court in the future.A majority ofthe water authorizedfor withdrawal under 0 CertificateNo.G3—26578C'is inchoate water right;that is water rightfor which a certificate has issued,but water has never been put to actual beneficialuse.The outcome ofthis Supreme Court case could affectthe validityofthe inchoate water right associated with CertificateNo. G3-26578C,and thus the validity ofthis specific decision.The water right holder should make appropriate provisions for the potential outcomes ofthis case. The following provisions are added fromthe original certi?cate: 6.The quantities authorizedfor use herein are limited to 1250 gallons per min ute,616 acrefeet per year for continuous municipal supply LESS all that water withdrawn under Ground Water CertificateNos.2272,3206,and G3~25422C'.The total withdrawal authorizedby this Certificateand Ground Water CertificateNos.2272,3206,and G3-25422C is 1250 gallons per minute,616 acre-feetper year. Well No.3,which is located about 5 00feet south from the NE corner ofSec.11,T.8 N.,R.30 E.W.1ll.,sh all be cased and permanently sealed to a minimum depth of 90feet below land surfaceor a minimum depth of1 0feet into the basalt formation,whichever is greater. You have a right to appeal this decision.To appealthis you must: File your appeal with the Pollution Control Hearings Board within 30 days of the “date of receipt”of this document.Filing means actual receipt by the Board during regular office hours. Serve your appeal on the Departmentof Ecology within 30 days of the “date of receipt”of ?1is document.Servicemay be accomplishedby any of the procedures identi?ed in WAC 371—O8— 305(10).“Date of receipt”is de?ned at RCW 43.21B.OOl(2). Be sure to do the following: Include a copy of this document that you are appealing with your Notice of Appeal. Serve and ?le your appeal in paper form;electroniccopies are not accepted. Page 74 of 109 Burbank Irrigation District”.4 . June 10,2009 Page 4 1.To file your appealwith the Pollution Control HearingsBoard Mail appeal to:Deliver yom appeal in person to: TheiPollutionControl HearingsBoard The Pollution ControlHearings Board PO Box 40903 OR 4224 —6th Ave SE Rowe Six,Bldg 2 Olympia,WA 98504-0903 Lacey,WA 98503 2.To serve your appeal on the Department of Ecology Mail appeal to:Deliver your appeal in person to: The Department of Ecology The Department of Ecology Appeals&Applicationfor Relief QR Appeals &Applicationfor Relief Coordinator Coordinator p 300 DesmondDr SE PO Box 47608 Lacey,WA 98503 Olympia,WA 98504-7608 3.And send a copy of your appeal to: Keith L.Stoffel Departmentof Ecology Eastern Regional Office 4601 North Monroe Street .Spokane,WA 99205 DA une,at Spokane,Washington. KeithL.Stoffel Section Manager Water ResourcesProgram Eastern Regional Office KLS:BN:ka cc:Janet Rajala,Ecology ERO Walla Walla County Water Conservancy Board RGW Enterprises,Attn:Roger Wright Page 75 of 109 Recording requested by: Burbank Irrigation District No.4 c/o Ms.Heidi Ellerd Kuffel,Hultgrenn,Klaske,Shea &Ellerd,LLP 1915 Sun Willows Blvd,Ste A Pasco,WA 99301 Water Rights Quit Claim Deed THE GRANTOR Burbank Irrigation District No.4,for good and valuable consideration,the receipt of which is hereby acknowledged,hereby conveys and quit claims to GRANTEE,City of Pasco,a Municipal Corporation,any interest the Grantor has or may have,at the date of conveyance,for 320 acre-feet of water right Certificate G3-26578C,situated in the County of Franklin,State of Washington,and more particularly described as follows: Description:320.0 acre-feet of Burbank Irrigation District Water Certificate G3—26578C as described in the Purchase and Sale Agreement dated , and as documented in Washington State Department of Ecology,Division of Water Rights form signed Place of use of water right: Dated this day of ,2019. Burbank Irrigation District No.4 Acknowledgement to follow: Page 76 of 109 ACKNOWLEDGMENT STATE OF WASHINGTON ) I )ss. COUNTY —l I ) On this day of ,2019,before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn, personally appeared ,to me known to be the of the Burbank Irrigation District,No.4,the corporation that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said municipal corporation. WITNESS my hand and official seal affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington,residing at My Commission Expires Print Name Page 77 of 109 AGENDA REPORT FOR: City Council June 18, 2019 TO: Dave Zabell, City Manager Regular Meeting: 7/1/19 FROM: Steve Worley, Director Public Works SUBJECT: Foster Wells Force Main Agreement I. REFERENCE(S): Vicinity Map Pasco Municipal Code Chapter 13.55 Reimbursement Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Foster Wells Forcemain Reimbursement Agreement with the Processors, for the purpose of providing an additional force main for processed wastewater transmission from the Foster Wells Lift Station to the PWRF and, further, authorize the City Manager to execute the Agreement. III. FISCAL IMPACT: Estimated project cost - $3.75 million Funded with revenue bonds Paid by Processors IV. HISTORY AND FACTS BRIEF: The City of Pasco has owned and operated the Pasco Process Water Reuse Facility (PWRF) since 1995. The PWRF and associated farm properties are located in an area of irrigated agriculture production fields on approximately 1,800 acres north of Pasco off Foster Wells Road, east of Highway 395 in Franklin County. The PWRF currently receives process wastewater from five food processors: Pasco Processing, Twin City Foods, Reser’s, Simplot RDO, and Freeze Pack. Flows from the first three processors listed are pumped from the Foster Wells Lift Station, located at the northeast corner of E Foster Wells Road and Industrial Way, through two force mains (16” and 8” diameters) to the PWRF. Page 78 of 109 V. DISCUSSION: Due to the age of the existing Foster Wells force main system, breaks within the piping system frequently occur. Repair of these breaks are costly and vary in duration and complexity. Further, they result in necessary and unplanned shut downs of the processors, which can and have caused severe financial impacts to system users. Adding a redundant system will dramatically increase overall system reliability and largely, if not completely, eliminate the need for unplanned shut downs of the processors. The Foster Wells Force Main system serves a limited number of customers, who solely fund the repair and maintenance of these facilities. The processors support the proposed plan to build a redundant force main from the Foster Wells Lift Station to the PWRF. This additional force main would provide reliability through redundancy to the system, which would allow the flows from the lift station to the PWRF to be switched from the existing force mains to the new force mains; such that repairs to either system could be made without requiring the processors to shut down. The processors have asked the City to move forward as quickly as possible with the design and construction of this new force main and as security have executed the subject reimbursement agreement for the cost of these improvements. The agreement will be fully executed and recorded. Staff recommends approval of the reimbursement agreement. This item was discussed at the June 10, 2019 Council Workshop Meeting. Page 79 of 109 EXISTING FOSTERWELLS LIFT STATIONNEW COLUMBIA EASTFORCE MAINS UNDERSEPARATE CONTRACTEXISTING FOSTER WELLSFORCE MAINS(SCHEDULE A)NEW FOSTER WELLSFORCE MAINFOSTER WELLS ROADFOSTER WELLS ROAD US 395 US 395 CAPITAL AVENUE PWRF(SCHEDULE B)COLUMBIA EASTFORCE MAINPage 80 of 109 FILED FOR RECORD AT REQUEST OF: City of Pasco,Washington WHEN RECORDED RETURN TO: City Clerk City of Pasco,Washington 525 North 3rd Pasco WA 9930! FOSTER WELLS FORCE MAIN REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT between the City of Pasco,a Washington Municipal Corporation,hereinafter referred to as “City”;and Reser’s Fine Foods,Inc., hereinafter referred to as “Reser’s’;Tri-Cities Foods,Inc.,hereinafter referred to as “Twin City Foods,lnc.”;and Pasco Processing,LLC,hereinafter referred to as “Pasco Processing”,and collectively referred to as “Processors”enter into this Agreement for the purpose of providing an additional force main processed wastewater transmission from the Processors’business sites to the City's Reuse Facility according to the following terms and conditions. WHEREAS,the City operates and maintains a Reuse Facility for the disposal of wastewater from the Processors’plants;and WHEREAS,the existing 8”and 16"force mains,which were built as part of the original Reuse Facility and the original Foster Wells Lift Station,are aging and often experience leaks that need to be repaired;and WHEREAS,when repairs to the existing 8”and/or 16”force mains are needed, shutdown of the Processors flows to the Foster Wells Li?Station is sometimes needed,thus causing economic impacts to the Processors;and WHEREAS,the Processors have requested that the City construct a redundant 16”force main from the Foster Wells Lift Station to the Reuse Facility such that if repairs to any of the force mains are needed in the future,?ows from the Processors can continue to the Reuse Facility using the redundant force main.and WHEREAS,the City has agreed,at its initial cost,to design and construct such redundant 16”force main line;and WHEREAS,as a result of the Processors’request and direct benefit for the City‘s design and construction of this pipeline,the Processors have agreed to reimburse the City for the actual costs of the design and construction of the pipeline. Foster Wells Force Main Reimbursement Agreement -I of 5 Page 81 of 109 NOW,THEREFORE, IN CONSIDERATION OF THE MUTUAL CONVENANTS CONTAINED HEREIN,the Parties agree as follows: 1.Design and Construction of the 16”Force Main Wastewater Pipeline.The City,at its sole expense,shall provide for the design and construction of a 16”(iron pipe size or equivalent HDPE size)force main wastewater distribution pipeline more particularly described in Exhibit A which is attached hereto and incorporated herein by this reference.The wastewater distribution pipeline as described above,upon acceptance,shall be the sole and exclusive property of the City with all rights and title thereto reserved to the City alone. 2.Cost of Project.The estimated cost of the project is $3,750,000.The City shall upon completion of the design and execution of this Agreement expeditiously place the project out for bid,and timely award the bid to a qualifying contractor in accordance with State law. Upon completion of the project and acceptance by the City,the ?nal actual cost of the project shall be detemtined.The ?nal actual cost of the project shall be the reimbursement amount required to be paid by the Processors as provided in Section 3 below. 3.Allocation of Reimbursement Costs.The ?nal reimbursement costs shall be allocated among the Processors as a percentage based upon their existing permitted ?ows to the Reuse Facility.The estimated costs and percentage of reimbursement for each processor is identi?ed below.These amounts shall be adjusted based on the ?nal actual costs for the Project. A.Reser’s Fine Foods Inc. Flow Amount 115 million gallons/year Percentage 16% B.Twin City Foods,Inc. Flow Amount:220 million gallons/year Percentage:3 1% C.Pasco Processing,LLC Flow Amount 383 million gallons/year Percentage 53% 4.Reimbursement Schedule.Each Processors‘portion of the reimbursement cost, together with interest,hall be paid to the City based on the debt service schedule of the ?nancial instrument used to fund the project.It is currently anticipated the City will sell bonds to be repaid over a period of ??een (l5)years.Reimbursements shall be payable on the 15‘day of each month in the following amounts.These amounts shall be adjusted based on the ?nal actual costs for the Project. A.Reser’s Fine Foods,Inc.$4,284 B.Twin City Foods,Inc.398,196 C.Pasco Processing,LLC $14,268 Foster Wells Force Main Reimbursement Agreement -2 of S Page 82 of 109 5.Ci§y’s Responsibility.The City shall assume sole responsibility and cost for the maintenance and operation.and repair of the facility identi?ed in Section 1 above except for any damage or accelerated deterioration caused in whole or in part,by the negligent acts or omissions of a Processor,including discharge of material inconsistent with the standards establishedby the City for wastewater transmission,which damages,including the repair or replacement of the effective portions of the pipeline,shall be the responsibility of the Processor or contributing processors causing the damage who shall be solely liable for the reasonable costs of the repair or replacement of the damaged components of the pipeline. Processors shall have full use of the transmission pipeline,as an altemate or primary (at the discretion of the City)transmission of processed wastewater from its plant to the City's Reuse Facility. 6.Default.In the event any Processor fails to make payment as provided in Section 4 above within thirty (30)days of the date due,a late fee in an amount equal to live percent (5%) of the payment shall be assessed and due and payable by Processor.In the event Processor fails to make payment,including the late fee,within sixty (60)days of the payment due date,the City may elect to accelerate Processor’s obligation at which time the entire unpaid principal balance, together with accrued interest,shall be payable in full.Processor shall not be entitled to any offset against the payments required under this Agreement for any reason. 7.Dispute Resolution.In the event of failure to make any of the payments as required above,and upon election by the City to accelerate that debt,venue for such action shall be in Franklin County,Washington,the laws of the State of Washington shall apply,and the prevailing party shall be awarded their reasonable fees and costs.In the event of any other dispute other than the payment of money,the parties shall first meet in a good faith attempt to resolve such dispute,with or without the assistance of mediation.In the event the dispute remains,it shall be resolved by binding arbitration pursuant to RCW 7.04A,as amended,and the Mandatory Rules of Arbitration (MAR).Venue shall be placed in Franklin County,Washington; the laws of the State of Washington shall apply;and the prevailing party shall be entitled to its reasonable attorney fees and costs. 8.Supplemental Agreements.This Agreement applies only to the construction of the pipeline described in Section 1 above by the City,including the capital contributions by the Processors.Maintenance and operation of the pipeline,together with the Reuse Facility,is subject to a subsequent and supplemental agreement. 9.Assignabiligy.This Agreement,and the rights and responsibilities hereunder, shall not be assigned,conveyed,sublet,or transferred by the Processor without the prior written consent of the City,which consent shall not be unreasonably withheld. 10.Notice.Any notice or information required or permitted to be given to the parties under this Agreement shall be to the following addresses,unless otherwise speci?ed: Foster Wells Force Main Reimbursement Agreement —3 of 5 Page 83 of 109 A.City of Pasco Mr.Dave Zabell,City Manager 525 North 3” Pasco,WA 99301 (509)545-3404 zabelld@pasco—wa.gov B.Reser’s Fine Foods Inc. Mr.Paul Leavy 15570 SW Jenkins Road Beaverlon OR 97006-0003 C.Twin City Foods,Inc. Mr.Mark Lervick 10120 269"‘Place NW Stanwood WA 98292 D.Pasco Processing LLC Janelle McClory (jmcclory@westemmo11.com) PO Box 3]l0 Pasco,WA 99302 CC:sschossberger@oregonpotato.com Notice shall be deemed given upon receipt of personal delivery.e-mail transmission.or three (3)days after deposit in the United States Mail in the case of regular mail,or next day in the case of overnight delivery. 11.Modi?cation.This Agreement may not be amended,modi?ed,or termination except by written agreement signed and approved by all parties. 12.Effective Date.This Agreement shall become effective as of the ‘Z day of tlf/am~,2019,or upon the date of signature approval by the last party,whichever shall last_._._J¢_.... occur. DATED this .2 i/day of 504/Hg1 ,2019. [Signature page follows] Foster Wells Force Main Reimbursement Agreement -4 of 5 Page 84 of 109 CITY OF PASCO: By: Dave Zabell,City Manager RESER’S FINE FOODS By: Paul Le vy TWIN CITY FOODS,INC. By: Mark Lervick PASCO PROCESSING,LLC By:»,:1";2.~~ _Steven Schossberger ‘."ff\?M’S.J u “'L,P:’<,2V’‘“.:v/1'»/<31<1um'.v’\«"‘—~”“”*"}X“:W‘? ../7’/)"1,:/Smffxj’«’\./I ' (V. Poster Wells Force Main Reimbursement Agreemenl -5 of 5 Date: Date: Date: Date:I0,/$235"/’«:L;m Page 85 of 109 AGENDA REPORT FOR: City Council June 12, 2019 TO: Dave Zabell, City Manager Regular Meeting: 7/1/19 FROM: Steve Worley, Director Public Works SUBJECT: Bid Award - 18080 Foster Wells Force Main Improvements I. REFERENCE(S): Vicinity Map Bid Tabulation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to award the Foster Wells Force Main Improvements project to C&E Trenching, LLC in the amount of $4,768,614.05 for the Base Bid and Additive Bid 1 and authorize the City Manager to execute the contract documents. III. FISCAL IMPACT: $3,062,296.28 Base Bid +$1,706,317.77 Additive Bid =$4,768,614.05 Bid amount Base bid will be funded through bonds to be paid by system users (Foster Wells service area processors). Additive Bid 1 will be funded through a combination of bonds to be paid by system users (Columbia East service area processors) and grant(s). IV. HISTORY AND FACTS BRIEF: The project includes a base bid and an additive with the following scope: Schedule A: Construction of approximately 12,610 LF of HDPE DR 11, 20-inch diam. (IPS) Forcemain including prefabricated bends, air vacuum valve assemblies, connection to existing Foster Wells Pump Station and existing PWRF facility, and associated items. This project also includes approximately 300 feet of horizontal Page 86 of 109 directional drilling under State Highway 395. Additive Bid Schedule B: Construction of approximately 5,750 LF dual Forcemain (11,500 LF Total Pipe) of HDPE DR 11, 20-inch diam. (IPS) Forcemain including prefabricated bends and air vacuum valve assemblies, connection to existing PWRF facility, and associated items. This additive work is part of the Columbia East Forcemain project. Due to its parallel layout with the Foster Wells Forcemain, along a proposed easement in private property in the northern end of its alignment, it is beneficial to construct it simultaneously with the Foster Wells Forcemain, under one contract. V. DISCUSSION: On June 14, 2019 the City received 4 bids for construction of the project. The lowest bid was from C&E Trenching, LLC in the amount of $3,062,296.28 for the base bid. Basis for award is base bid in this project. C&E Trenching bid for Additive 1 is $1,706,317.77, for a total of $4,768,614.05. This work within the base bid is critical to the existing food processors in the Foster Wells service area of PWRF. The three Foster Wells service area processors requested the project be designed and constructed in an expeditious manner and have agreed to a reimbursement arrangement for the cost of the project. The Schedule B work is needed to serve current and future processors operating in the east Process Water Reuse Facility service area. Because of the ben efit through economy of scale, it is recommended the Schedule B work be constructed at this time as the improvements included in this schedule are immediately adjacent to a large portion of those included in the base bid. Construction of schedule B in the future would require the same trench to be reopened at a later date and would come at a much greater cost. Staff has reviewed the bid submittal and found no exceptions or irregularities. Accordingly, staff recommends award of the contract to C&E Trenching, LLC of Pasco, WA for the Base Bid and Additive Bid 1 scope of work. This item was discussed at the June 10, 2019 Council Workshop. Page 87 of 109 EXISTING FOSTERWELLS LIFT STATIONNEW COLUMBIA EASTFORCE MAINS UNDERSEPARATE CONTRACTEXISTING FOSTER WELLSFORCE MAINS(SCHEDULE A)NEW FOSTER WELLSFORCE MAINFOSTER WELLS ROADFOSTER WELLS ROAD US 395 US 395 CAPITAL AVENUE PWRF(SCHEDULE B)COLUMBIA EASTFORCE MAINPage 88 of 109 w_Umc_s:>m< :%63.=aown._.«mn.o..wrmanmnm .81a:.<__u5.8.<<> mamoanmasmawoa >:ocz«cz_._.uaom>:o5: wm.o8.83.898358.8 o?m_o8.88~.m8.$Ew?oauL$989.8$.33m~_§..$ W8.898mndpmu«N393 é‘88.898S3_omo.oo?3_8o.e9 O.$5.898«$.39:$303» aT$8.8$33.8?uhosmm 3N?wooSwmm?yootn 0m8_m8.oo$8.3“$8.3 oa:.m~o_oo83m$8.»:.8 mtooo$9.5m._25.90 c3.8o.oo?ungamumémo o.$980.883.9.Sm?smo o.3908$3§_3~.8_ m§.m8.8«$9$8_mmm.oo_ 3.w$_8o.8$8.83_N$_m$.3 a3.8983...8m?wwoowa3.898rwmo§.§.oo 38.898moomxmS8.$o.~o ?~o_o8.8mab?oo2we.$o_oo $E.8o.8S$_3u.oo8mo.8m.8 Q3.8.08.8$8.mS.dm8m.m?.$ k2280.8mmmom?$»_8~.$ mu_8o.8§_3m.&%..3m.& 39.898$3.95.?3.33.? S~_omo.oo$95m._m.d~3 I9.3.cm.5500 _nownm..<<,_1 _ no<@3 ??m.-Page 89 of 109 Eumc::>m<_ m_.m3.._:nown4333w_.m:._mnmu_:u 3:5.0xo_mo_.2) O5.9 =95 _mea3..En.mo...n_ zo.Eoczacz_._.uanm>383 >3momas?mmm?oazo.3.8983.80.83.898. >S.~um.m_~oo8_~8_o8.$ S2.f§.mmm~$_m~m.mm wu_m,?_omm.8$.mS.8+9 mo... 353Ozmzmmm$_8o.83.898380.8 mmmomn_<<m<m:2m<3o3.8983.89.83.80.8 mu>m._uE=Emzmmm.8o.8wymmoém~.mmo.$ m»mu_u«m<m_._:o_._Amt.3.08.8mwmmo?S.mmo.£ mm2.06_~m:o:S8_o8.8w8.m.8.8m8_8o.~w_ mm_u_.o_.m2dmsuoama.._.. $8.898mjameoua:.mB_mm_ mumm3o<m_omm=_..o=.:m2980.8$+o?.mmw§_o2.mm ma025:8mclmoicm»%m.moo.8$3.:$3.:.8 mmm?mmzma0_.m<m_ms3_~8.8$.93mjuoio W3mm_._xm:_._0«m<m_3.ma~.8o.8$3.8mmmwgwoo m:xoum.U??.no.3Q3.8m.8o.8$8.8?_$m.§.yoo mamxamimam:mxom<m,3.898$8.38.m8.oo ma_mm3o<m_:...~mu_mnm3m_8.898$3.:§.m:.oo w._A_u_:n<m.<m28_o8.oom$.mS_mmm$m.m_m.mo m._m_0o3U.>_..<m_<m>mm.$m.8o.88.:m.8w$_3c.8. ma_<<m.m«_uo__::o_._9::$9898??oofw?sooogm EV._.cumo__.Axum>$.8o.oowAm.t~?_m8.~o 3.am_$o.83.§m_3o.: 3m._.fm.wm58_Bm.$ ?_3m_8o.8m~_to.~ow.m» 03.43..V>mOO m.2<<1.33.:< ooa__=_g_=2:_u3<_o=m 252m:Eo..m_A>an_:_<mmay<<>m?mm_mm._.mx.m.m..\%._.O._.>_L 0:23.1...mx$:m_o:EU_u_.o._o2zo.._88u:=.mo.z:_.:_um:o_um-m._..w>-._98mamm2:=<_._.m_sno_u_m_dM30Oo:=o_mmanOcm.Eo=o:mwmmOocam80:6._._.m:o:wmo§____m3.eumvgo:2 &c=m___sa_m_<_m$:m_5.ca.m3m_o:Oo::o_Page 90 of 109 AGENDA REPORT FOR: City Council June 25, 2019 TO: Dave Zabell, City Manager Regular Meeting: 7/1/19 FROM: Steve Worley, Director Public Works SUBJECT: Final Project Acceptance - Capital Avenue Sewer Lift Station I. REFERENCE(S): Vicinity Map Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ________ accepting work performed by C & E Trenching, LLC under contract for the Capital Avenue Sewer Lift Station Construction. III. FISCAL IMPACT: Original Construction Contract: $772,154.63 Change Orders: $32,382.47 Final Construction Contract: $804,537.10 IV. HISTORY AND FACTS BRIEF: In spring of 2014, the City Council adopted the City's Comprehensive Sewer Plan. One of the projects identified in the Plan includes the construction of a lift station on Capital Avenue in order to provide sewer for approximately 600 acres of industrial zoned properties. The Capitol Avenue Lift Station project was included in the 2016- 2021 Capital Improvement Plan, which was passed by Council on September 8, 2015 (Resolution No. 3654). The City partnered with Miller Family Trust to develop the project. Miller Family Trust owns a large portion of the properties that will be served by the completed sewer lift station within the area known as the "Genesis Business Park. The Miller Family Trust with the assistance of their consultant, took the lead in the design and completion of the project. Page 91 of 109 The project is now complete and meets specifications. Formal acceptance by the City is required by State law and starts a 45 day waiting period within which an outside vendor, supplier or laborer would have an opportunity to file a claim against this project pursuant to RCW 60.28.011 (2). After 45 days the retainage being held by the City can be released once the City has received the following documents: • An affidavit of no liens • A release from the Department of Revenue that all taxes have been paid • A release from any claims from the Department of Labor and Industries, pursuant to RCW 60.28.051 V. DISCUSSION: Staff has reviewed and inspected the project installation and found no exemptions or irregularities and, therefore, recommends acceptance of the work completed by C & E Trenching, LLC of Pasco, Washington. Page 92 of 109 Page 93 of 109 RESOLUTION NO. ___________ A RESOLUTION accepting work performed by C&E Trenching under the Sewer System Extension Agreement entered into on June 15, 2016 by the City of Pasco and Miller Living Trust, and required by City of Pasco Ordinance No. 4300 dated June 20, 2016, said work also known as the Capital Avenue Sewer Lift Station Project. WHEREAS, the work performed by C & E Trenching, known as the Capital Avenue Sewer Lift Station Project, has been examined by the City of Pasco’s Engineering Department and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is the Engineering Department’s recommendation that the City of Pasco should formally accept this facility and the contractor’s work thereon, and that the project be deemed as complete: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with the Engineering Department’s recommendation and hereby accepts the work performed under the Sewer System Extension Agreement with Miller Living Trust, performed by C & E Trenching, for the Capital Avenue Sewer Lift Station project, as being complete and in apparent conformance with the project specification and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Director. PASSED by the City Council of the City of Pasco this 1st day of July, 2019. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Angela Pashon, Interim City Clerk Kerr Ferguson Law, City Attorney Page 94 of 109 AGENDA REPORT FOR: City Council June 26, 2019 TO: Dave Zabell, City Manager Regular Meeting: 7/1/19 FROM: Colleen Chapin, Human Resources Manager Executive SUBJECT: Collective Bargaining Agreement with Pasco Police Officer’s Association (PPOA) Non-Uniform I. REFERENCE(S): Collective Bargaining Agreement with PPOA Non-Uniform - Proposed Collective Bargaining Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Collective Bargaining Agreement with Pasco Police Officer's Association Non-Uniform, for years 2020 - 2022 and, further authorize the City Manager to execute the agreement. III. FISCAL IMPACT: Increases cost of department operations (base wages and benefits) by approximately $13,646 in 2020 (assuming a CPI of 3% in Jun 2018 & Jun 2019), $12,908 in 2021, $11,064 in 2022. IV. HISTORY AND FACTS BRIEF: The current contract terminates December 31, 2019. V. DISCUSSION: The CBA is a seven (7) member unit and will expire December 31, 2019. There was an interest by both parties to settle the CBA before it expired, it was ratified on April 26, 2019. The negotiations went very smoothly with a reasonable settlement agreed to by the parties: • Effective January 2020: 90% CPI – June to June (2.0 % min 3.5% max) plus 1.0% Page 95 of 109 • Effective January 2021 90% CPI – June to June(2.0 % min 3.5% max) plus 1.0% July • Effective July 2022 3.0% wage increase In addition, a dual language incentive amount of 1% was bargained for the Police Services Specialists. Staff recommends Council ratification of the Agreement. Page 96 of 109 2020 - 2022 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees Page 1 2020 – 2022 COLLECTIVE BARGAINING AGREEMENT Between THE CITY OF PASCO And THE PASCO POLICE OFFICERS ASSOCIATION NON-UNIFORMED EMPLOYEES This Agreement is made and entered into by and between the City of Pasco, Washington, hereinafter referred to as the “Employer” and the Pasco Police Officers Association, hereinafter referred to as the “Association.” ARTICLE 1 – Recognition. The Employer recognizes that the Association is the exclusive bargaining representative for all full-time and regular part-time non-uniformed employees of the Police Department of the City of Pasco. “Employee(s)” as used herein means and is limited to police department employees employed in full-time and regular part-time positions in the Pasco Police Department, excluding the Chief of Police, uniformed personnel within the meaning of RCW 41.56.030(6), supervisors, and confidential employees. Recognized Positions: The current positions specifically identified as being part of the bargaining unit are: (1) Police Services Specialist, (2) Lead Police Services Specialist, (3) Crime Specialist. New non-commissioned positions created in the future by expansion of the Police Department or by reclassification of any current non-commissioned position within the bargaining unit would be recognized as within the bargaining unit unless confidential or supervisory. ARTICLE 2 – Term and Scope of Agreement. Section 1. Effective Date. This Agreement shall become effective on January 1, 2020 and shall remain in full force and effect to and including December 31, 2022. Section 2. Entire Agreement. The Agreement expressed herein in writing constitutes the entire agreement between the parties. Section 3. Collective Bargaining Rights. The parties acknowledge that each has had the unlimited right and opportunity to make proposals with respect to an y matter being the proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. ARTICLE 3 – Management Rights. Except as specifically modified by other Articles of this Agreement, the Association and employees recognized the exclusive right of the City to make and implement decisions with respect Page 97 of 109 2020 - 2022 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees Page 2 to the operation and management of its operations in all respects. Such rights include but are not limited to the following: 1. To establish the qualifications for employment and to employ employees. 2. To establish the makeup of the City work force and make changes from time to time, including the addition or elimination of classifications, and direct the work forces towards the organizational goals established by the City. 3. The right to determine its mission, policies, and all standards of service offered to the public. 4. To plan, direct, schedule, control and determine the operations or services to be conducted by the employees of the Police Department and City. 5. To determine the means, methods and number of personnel needed to carry out the departmental operations and services. 6. To direct the work forces. 7. To hire and assign or transfer employees within the department or police-related functions. 8. To promote, demote, suspend, discipline or discharge employees for cause subject to applicable Civil Service Laws, Rules and Regulations. 9. To lay-off or relieve employees of duty. 10. To make, publish, and enforce rules and regulations including reasonable rules pertaining to secondary employment. 11. To introduce and use new or improved methods, equipment or facilities. 12. To contract for goods and services. 13. To assign work to and schedule employees, and to establish and change work schedules. 14. To determine the City budget and financial policies, including accounting procedures. 15. To establish and administer a personnel system which provides for all types of personnel transactions including determining the procedures and standards for hiring, promotions, transfer, assignment, lay off, discipline, retention and classification of positions. 16. To establish work and productivity standards and, from time to time, to change those standards. 17. To assign overtime. 18. To take whatever action is necessary to carry out the mission of the City in emergencies. Provided, however, that the exercise of any and all of the above rights should not conflict with any of the express written provisions of this Agreement. ARTICLE 4 – Performance of Duty. Neither the Association, its officers, or agents, nor any of the employees covered by the Agreement will engage in, encourage, sanction, support or suggest any strikes, slowdowns, blu flu, speed-ups, mass resignations, mass absenteeism, the willful absence from one’s positions, the stoppage of Page 98 of 109 2020 - 2022 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees Page 3 work or the abstinence in whole or in part of the full, faithful and proper performance of the duties of employment. In the event that any employee violates this Article, the Association shall, upon written request from the City to any elected representative of the Association, immediately notify any such employees in writing to cease and desist from such action and shall instruct them to immediately return to their normal duties. Any and all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined. ARTICLE 5 – Grievance Procedures. A grievance shall be defined as a dispute or disagreement raised by an employee or group of employees against the employer involving the interpretation or application of the specific provisions of this Agreement. It is specifically understood that any disputes regarding matters governed by Civil Service rules or statutory provisions shall not be considered grievances and shall not be subject to the grievance procedure hereinafter set forth. Nor shall any disciplinary actions which may be appealed to the Civil Service Commission be considered grievances and be subject to the grievance procedure herein. Grievances, as herein defined, shall be processed in the following manner. Step 1. Discussion with Supervisor. As soon as possible, but in no case later than ten (10) calendar days after an employee knows or should have known of the event giving rise to a complaint, an employee shall first discuss their complaint with their immediate supervisor. Said supervisor shall make an investigation of the relevant facts and circumstances of the complaint and attempt to resolve the matter. If the complaint is not settled, the employee shall notify the “Non-Uniformed” Unit Grievance Committee of the Association in writing, setting forth the nature of the complaint. Said notifications shall cite the relevant facts, provisions of the Agreement allegedly violated and the remedy sought. The “Non-Uniformed” Unit Grievance Committee shall meet within three (3) calendar days to determine whether a valid grievance does in fact exist. If the complaint is found not to constitute a valid grievance, no further action will be taken. Step 2. Written Grievance to Chief of the Department. If the grievance committee finds a valid grievance, its written findings and the original complaint of the employee shall be forwarded to the Police Chief within fifteen (15) calendar days from the date of the com mittee’s meeting. The police chief shall meet with the employee and a committee representative within seven (7) calendar days and notify the employee in writing of his decision within ten (10) calendar days following said meeting. Step 3. Grievance Appealed to City Manager. If the Association is dissatisfied with the decision of the Police Chief, the Association may, within ten (10) calendar days from the Police Chief’s decision, request a review by the City Manager. Said appeal shall delineate the are as of agreement and disagreement with the response given at Step 2 and the reasons therefore. The City Manager shall hold a hearing on the dispute within fifteen (15) calendar days where the parties may provide evidence and testimony. The City Manager shall issue a written decision and the reasons therefore within fifteen (15) calendar days of such hearing. Page 99 of 109 2020 - 2022 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees Page 4 If the Association is not satisfied with the decision of the City Manager, the Association may within seven (7) working days of the date of the City Manager’s decision, forward a request for review by an independent Fact Finder to the City Manager. Said request shall delineate the areas of agreement and disagreement with the decision of the City Manager and the reasons therefore. The Association and the City shall attempt to agree upon a person who would act in such capacity. If parties fail to agree upon and/or obtain a Fact Finder within seven (7) working days of service of the request, then either party may request a Federal Mediation and Conciliation Service (FMCS) to supply the names of five (5) disinterested individuals who are qualified and willing to perform as an impartial Fact Finder in the dispute. Upon receipt of said names, the parties shall meet within seven (7) working days to make a selection. Selection shall be achieved by alternate striking of names with the party striking first being determined by a coin toss. The Fact Finder shall convene a hearing in the City of Pasco within thirty (30) days of selection by the parties. At said hearing the parties may present evidence and sworn testimony as well as cross-examine one another’s witnesses. Each of the parties agrees to produce any records or materials that the Fact Finder may require relative to the dispute. Upon closure of the hearing, the Fact Finder shall promptly issue written findings and recommended action(s). In formulating his position, the Fact Finder shall designate the losing party. The opinion shall not attempt to destroy, change, delete from, add to or alter the terms of this Agreement. Within ten (10) working days of the City Manager’s receipt of the Fact Finder’s written opinion, the City Manager shall either affirm, disaffirm, or amend said opinion and provide the reasons therefore. The result of the City Manager’s review shall be final and binding on the parties and there shall be no further appeal. Each party shall bear the cost of the preparation of its own case. The cost of the Fact Finder shall be borne by the parties in equal amounts including related fees, expenses and room rental. In the event the City Manager does not follow the recommendation of the Fact Finder’s written opinion, the City shall bear the full cost of the related fees, expenses, etc., of the Fact Finder. Special provisions: 1. The term “employee” as used in the Article shall mean an individual employee, or group of employees, accompanied by a representative. 2. An Association representative and/or aggrieved party shall be granted time off without loss of pay for the purpose of processing a grievance from Step 2 forward. Any investigation undertaken by the Association upon the work site shall be conducted so as not to disturb the work of uninvolved employees and only after advance notice to the department head. 3. A grievance may be entertained or advanced to any step in the grievance procedure if the parties so jointly agree. Page 100 of 109 2020 - 2022 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees Page 5 4. The time limits as specified in this procedure may be extended by mutual written consent of the parties involved. Both parties must sign a statement of the duration of such extension of time. 5. Any grievance shall be considered settled at the completion of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. 6. Failure to act within the time limits specified in any step, other than a failure to meet or respond within the time limits, shall constitute a waiver and forfeiture of the moving party’s right to further consideration of the grievance. Failure to meet or respond shall be deemed a waiver of that step and the grievance may be referred to the next step of the grievance procedure if the aggrieved party gives written notice of its intent to do so within five (5) calendar days after the deadline for meeting or responding. The parties agree to use a standardized form for the submission of grievance. The parties’ agreed to form is attached hereto. ARTICLE 6 –Shift Off Exchange. Section 1. Shift Exchange. Employees shall have the right to exchange shifts off when the exchange does not interfere with the best interests of the police department or result in overtime liability for the employer. Requests for exchanges of shifts off shall be made forty-eight (48) hours in advance of the day requested, excluding holidays and weekends, and be subject to the approval of the Chief of Police or his designee. Section 2. No Overtime Liability. A shift exchange shall not result in overtime liability for the employer. When an exchange results in an employee working hours that would qualify for overtime, the excess hours worked shall be excluded from the calculation of hours for which the employee would otherwise be entitled to overtime. Where employees trade hours, each employee will be credited as if he or she had worked his or her normal work schedule for that shift. ARTICLE 7 – Sick Leave. Section 1. Purpose. It is understood that sick leave is solely for the purpose of illness or injury when the employee is unable or unfit to report to work. For all employees, paid sick leave shall not be available for illness or injury resulting from or caused by accident connected with other gainful employment where the City has not previously approved the outside employment. The Chief of Police, at his discretion, may require a doctor’s certification of unfitness for duty. Section 2. Accrual and Use. All employees shall accrue and receive sick leave benefits as follows: Page 101 of 109 2020 - 2022 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees Page 6 a. Accrual of Sick Leave. Sick leave shall accrue at the rate of eight (8) hours for each month of active service for each regular employee to a maximum accumulated sick leave of 960 hours; however, the severance benefit provided hereafter shall be based on the product of twenty- five percent times the accrued number of sick leave hours up to a total of 720 hours. b. New or Probationary Employees Accrual and Use of Sick Leave. A temporary, provisional or probationary employee shall earn sick leave credit in accordance with Section 2a, which shall be credited to the probationary employee after ninety (90) days of employment. New employees beginning work for the City prior to midnight of the 15th of the month shall earn sick leave credits from the first of the month. All employees beginning work for the City after 12:01 A.M. on the 16th of the month shall not earn sick leave credits until the 1st of the succeeding month. c. Sick Leave with Pay. Employees shall earn and may be granted time off with pay covering periods of illness or involuntary physical incapacity except time off caused by accident connected with other gainful employment not previously approved by the City to the extent that sick leave has accrued. In order to be granted sick leave with pay, an employee must meet the following conditions: (1) Report to the Chief, immediate supervisor or designated representative the reason for the absence. Unless the employee’s condition otherwise prohibits, sick report must be made as soon as possible on the first day of the absence and every day thereafter (unless waived by the Chief or his designee) as far in advance of the scheduled work as possible. Normally, this report shall be made no later than one-half hour before the start of the shift. (2) Keep the Chief, immediate supervisor or designated representative informed of their condition if the absence is of more than three working days duration. (3) If absence extends beyond three working days duration, the employee will be required, at the option of the Chief, to submit a medical certificate signed by a physician stating the kind or nature of sickness or injury, that the employee has been unfit for work for the period of absence or quarantine or required to receive out-patient care and is again physically able to perform his duties. The cost of obtaining such medical certificate shall be at the City’s expense. The medical certificate shall be submitted to the Chief of Police or his designee and the contents of the certification shall be disseminated to other City employees only on a “need to know” basis. (4) Permit the City to make a medical examination by a health care professional if the City deems it so desirable. The City shall pay the expense of such a medical examination and the records shall be maintained consistent with the medical confidentiality requirements. d. Return to Work after Sick Leave. The City may, at its expense, require a certificate from an employee’s physician stating that the employee is physically capable of returning to work. The City may, in addition and at its expense, require the employee to be examined by a physician of the City’s choice to determine the ability of the employee to safely perform his assigned tasks. e. Sick Leave – Payment in Lieu Thereof. An employee at the time of leaving the City, except for any such employee who has not given at least two weeks written notice of their Page 102 of 109 2020 - 2022 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees Page 7 voluntary termination of employment with the City, shall have twenty-five percent of his or her accumulated and unused sick leave up to an aggregate credit of 720 hours paid to them in accordance with regular City payroll procedures. Section 3. Family Illness. The City and the Association agree that the City will follow all state and federal laws for leave use. These include but are not limited to FMLA. WFLA, USERRA, state pregnancy leave laws, Washington Paid sick leave law. Details of specific laws are available in Administrative Orders and with Human Resources. ARTICLE 8 – Work Schedule and Overtime. Section 1. Work Schedule. a. Normal Work Week and Work Day. For Clerical employees the normal workweek shall consist of five (5) consecutive days in a seven (7) day work -period designated by the City. The normal workday will consist of eight (8) consecutive hours of work and an unpaid, off-duty lunch break each day subject to emergency work duties. Provided, this provision is not intended to prohibit, by mutual agreement of the parties, the institution of an alternate work shift in accordance of City of Pasco Administrative Order # 232 – Flex Time. For non-clerical employees their job duties will affect their assignment or work hours. b. Time of Work. Subject to subsection c. below, employees shall begin their work at the time established by the Chief of his designee. c. Change in Regular Long-Term Work Schedules. In the event the regular long-term work schedule for an employee classification is changed, the employer will provide at least thirty (30) days advance written notice except in the case of a bona fide emergency. Prior to making a final decision the City will meet in good faith with the Association on the proposed change. At the meeting with the Association, the City will explain the proposed change; listen to the input of the employees regarding their concerns and suggestions. The Chief will take into consideration the input of the employees in making his final determination, but the determination of the Chief shall be final. d. Breaks. Each employee shall receive a lunch period of thirty (30) minutes approximately half way through the workday in accordance with the work schedule. Changes in the length of the regular lunch period shall be subject to the requirements of subsection c. above. The lunch period shall not be compensable time, unless the employer interferes with the employee’s lunch break or the employee is required to fulfill work responsibilities. Each employee shall receive a rest period not to exceed fifteen (15) minutes approximately half way through the first half shift and approximately half way through the second half shift of each working day, in accordance with a schedule established by the City. Page 103 of 109 2020 - 2022 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees Page 8 Section 2. Overtime. a. Overtime Hour Threshold. All authorized work performed in excess of forty (40) hours worked in a seven (7) day work period shall be paid for at the rate of time and one -half the regular straight time rate of pay, in accordance with City of Pasco Administrative Order #232 - Flex Time. Provided, however, time worked on a sixth or seventh day of work in a seven (7) days work period shall be paid at the time and one-half rate. Hours worked shall not include any paid or unpaid leaves. The workweek shall not be lengthened solely to take advantage of an employee’s illness, vacation, or holiday, so as to avoid overtime payment. Overtime will be distributed equally among those employees who normally perform the work. Compensatory time off may be granted in lieu of any accrued pay on a time and one-half basis at the request of the employee and agreement of the Police Chief or his designee in accordance with the City of Pasco Administrative Order #279 – Works Period, Overtime and Compensatory Time. b. Call Backs. Should an employee be called back to the work site to work on a scheduled day off or after normal working hours, the employee shall receive a premium pay of Twenty Dollars ($20.00) plus wages at time and one-half (1.5x) for actual hours worked during the call out. An employee shall be deemed to have been “called back” only when the employee receives notice of work to be done after having left the work site. Employees who are required to report to work early, contiguous with their regular shift or who are asked to “hold over” after the end of the regular shift shall not be eligible for the callout minimum stated above but shall receive pay at time and one-half if applicable, for only the actual hours worked. c. Authorization by Chief. Overtime will be worked only at the direction of the Chief or his designee. All employees shall work overtime when it is assigned. ARTICLE 9 – Holidays. Section 1. Legal Holidays. The following days are designated as City holidays. Holiday Date New Year’s Day January 1 Martin Luther King’s Birthday 3rd Monday in January President’s Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September Veterans’ Day November 11 Thanksgiving Day 4th Thursday in November Day after Thanksgiving Day 4th Friday in November Christmas Day December 25 Personal Holiday As arranged a. Personal Holiday. The Personal Holiday is a paid day off that may be selected subject to the following conditions: Page 104 of 109 2020 - 2022 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees Page 9 (1) The employee has been continuously employed for more than six (6) months. (2) The employee has given at least fourteen (14) days written notice to his supervisor unless said notice is waived. (3) The supervisor has approved the day. (4) The day is taken during the calendar year. Entitlement to the day will lapse except where the day has been requested and that day and an alternate have been denied. In the event of denial, the employee shall be paid for the day the last pay period of December at the holiday rate of pay unless the employee’s request for a personal holiday is made on or after December 1, in which case the employee shall receive their regular hourly rate of pay. b. Additional Holidays. Any addition holidays declared by the city Council shall apply to the members of the bargaining unit. Section 2. Holiday Compensation Rate. In addition to being paid for the holidays designated above, if an employee is required by the City to work on a paid holiday the employee shall receive one and one-half times their regular rate of pay for the hours actually worked in addition to Holiday pay at straight time rates. Section 3. Weekend Holidays. Whenever any holiday specified above falls on a Saturday, the Friday immediately preceding such holiday shall be observed as the holiday. W hen any of the above holidays falls on a Sunday, the Monday immediately following shall be observed as the holiday. Section 4. Holiday During Vacation Leave. In the event a holiday honored under this Agreement falls during an employee’s annual vacation, vacation leave for that day will not be charged. ARTICLE 10 – Bereavement. Section 1. Death in Family. In the event of a death in the immediate family of an employee, the employee shall be granted up to 32 hours off with pay. Additional leave for such purpose may be taken and charged to other earned leave upon authorization of the Police Chief or his designee. The City may require documentation of the need for such leave. Immediate family for these purposes shall be defined as follows: spouse and children of the employee, mother, father, brother, sister, and grandparents of the employee and those of the employee’s spouse. ARTICLE 11 – Medical, Dental and Life Insurance. Section 1. Medical, Dental and Vision Insurance for Employees and Dependents. The parties have agreed to the following: Page 105 of 109 2020 - 2022 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees Page 10 a. The Non-Represented medical in insurance premium, medical premium cap and medical plan (e.g. coverage, deductibles, maximum out of pocket amount, wellness/preventive, etc.) will be followed. b. The Non-Represented dental plan will be followed. c. The Non-Represented vision plan will be followed. d. Medical Legislation. Notwithstanding the above, in the event state or federal legislation requires the Employer to make changes in the group medical benefits provided employees during the life of this agreement, the Employer reserves the right to make the required changes, provided, however, the employer provides the bargaining representative with at least thirty (30) days advance notice of the change(s) and further provided that, either the employer or the union may require this section to be reopened in negotiations if the change results in a reduction of benefits or an increase (by at least 10%) in the amount of premium paid by either the employer or the employee, by providing the other with written notice within fourteen (14) days of receipt by the Association of the notice from the employer of the proposed changes. Section 2. Life Insurance. The City, for the term of this Agreement, shall continue to provide an employer-paid plan with benefits of Fifteen Thousand Dollars ($15,000.00) of face value term insurance. ARTICLE 12 – Vacations. Section 1. Vacation Credit. All regular employees shall receive vacation credit for each month of continuous service starting from the date of the employee’s probationary employment according to the following accrual schedule: Years of Service Pay Period Accrual Annual Accrual 0-5 3.70 hrs 96 hrs 6-10 4.62 hrs 120 hrs 11-14 5.54 hrs 144 hrs 15 or more 6.46 hrs 168 hrs Section 2. Accumulation of Vacation. No accumulation of accrued vacation credit in excess of what the employee earns in a one and one-half (1½) year period shall be permitted. Time not taken which causes accrual beyond one and one-half (1½) years will be lost to the employee. Section 3. Probationary Employees. A probationary employee will earn vacation credit that shall be credited to the employee when the employee becomes a regular employee. Probationary employees may not use any vacation leave during the first six months of employment/probationary period. They will be allowed to take up to sixteen (16) hours of vacation leave during the second six months of employment/probationary period. Page 106 of 109 2020 - 2022 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees Page 11 Section 4. Vacation Buyback. After entering their tenth year of continuous service, employees may convert up to forty (40) hours accumulated vacation to cash in December of each year. Provided, the employee has maintained satisfactory work performance as shown on their last performance evaluation and has used at least eighty (80) vacation hours during the preceding twelve (12) month period. ARTICLE 13 - Wages. Section 1. Wage Rates for all positions:  2020 – 90% CPI-U (West Coast B/C) June to June – 2.0% Minimum – 3.5% maximum, 1st full pay period of January. o Plus 1% wage increase 1st full pay period of January.  2021 – 90% CPI-U (West Coast B/C) June to June – 2.0% Minimum – 3.5% maximum, 1st full pay period of January. o Plus 1% wage increase 1st full pay period of July.  2022 – 3.0% wage increase 1st full pay period of January. Wage increases are shown on Appendix “A” for all bargaining unit positions. Section 2. Bilingual Incentive. Effective January 2020, Any Association member who is fluent in Spanish or in another foreign language (that is deemed useful to the City) shall have their base wage increased by one percent (1%) per hour, such proficiency shall be reasonably determined by the City. Section 3. Out of Class Pay. Employees assigned to work in a higher classification for more than eighty (80) consecutive work hours shall be paid for all hours worked in the higher classification at a rate of pay equal to ninety percent (90%) of the maximum wage applicable to the higher classification. ARTICLE 14 – Uniforms and Cleaning. Section 1. Uniforms. The employer shall provide three (5) complete uniforms, if required for performance of duties, to each new employee. Uniform items include: Long sleeved shirt (5) Short sleeved shirt (5) Long pants (7) Belt (1) Jacket (1) The City will determine uniform styles, including colors. Uniform items shall remain the property of the City. Page 107 of 109 2020 - 2022 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees Page 12 The City will also provide the following uniform items to the Crime Specialist-Evidence Technician, and will replace those items on an “as needed” basis: Winter coat (1) Rain coat (1) Nomex meth lab suit (fire resistant) two-piece suit, with pants and long sleeved shirt (1) Long sleeve shirts (5) Short sleeve shirts (5) BDU-style pants (7) The City will also provide the Crime Specialist-Evidence Technician with (1) pair of shoes pursuant to the provision of Section 4 of this Article. Section 2. Replacement/Cleaning. Replacement of uniforms and uniform parts shall be on an “as needed” basis determined by the City. The City shall provide without cost to the employees, cleaning of up to twenty-forty (24) uniform articles each month. Section 3. Loss and Damage. Uniform parts lost, stolen, or damaged in the line of duty and without neglect on the part of the employee will be replaced by the employer without recrimination, cost or charge to the employee. Uniform parts lost or damaged by the employee intentionally or through neglect on their part will be replaced by the employee at their cost. Section 4. Shoes. The employee shall supply shoes acceptable to the City as a uniform part. The City shall provide an allowance for each employee required to wear a uniform in the amount of seventy-five ($75.00) annually, to be paid on the first (1st) payroll of January. The employee shall bear any excess costs for the shoes selected. Shoes shall be for duty use only. Section 5. Definition. “Employee” when used in this Article means the employees in the Lead Police Services Specialist position and employees in the Police Services Specialist position. ARTICLE 15 – Substance-Free Work Place Policy. The Substance-Free Work Place Policy set forth in Administrative Order Number 65A, dated August 28, 1992 is incorporated herein by this reference. ARTICLE 16 – Federal Family and Medical Leave Act of 1993. Section 1. Administrative Order No. 231 of the City Manager, originated November 22, 1993 and dated March 17, 2010, setting forth the implementing procedures of the FMLA by the City is hereby incorporated by this referenced herein as if specifically set forth. Page 108 of 109 2020 - 2022 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association Non-Uniformed Employees Page 13 Section 2. Employees are cautioned to be mindful of the thirty (30) day advance notice requirement and the use of the FMLA Leave Request Form when family or medical leave is intended to be used. Section 3. FMLA leave may be coordinated with other leave benefits as noted in Administrative Order No. 231. Any conflict between a provision of this Agreement and Administrative Order No. 231 shall be resolved in favor of the language of this Agreement. ARTICLE 17 – Savings Clause. Should any Article, Section or portion of this Agreement be held unlawful and unenforceable by final order of any court of competent jurisdiction or administrative agency having jurisdiction over the subject matter, or by legislation of the State of Washington or federal government, such decision or legislation shall apply only to the specific Article, Section or p ortion thereof directly affected. Upon issuance of any such decision or legislation, the parties agree immediately to negotiate a substitute, if possible, for the invalidated Article, Section or portion thereof. All other portions of this Agreement and the Agreement as a whole, shall continue without interruption for the term hereof. ARTICLE 18 – Education Assistance Section 1. Education Assistance. The City and the Association recognize the benefits brought to the police function by increased educational levels. In an effort to increase members’ educational levels, the City will provide financial assistance to employees as outlined in City of Pasco Administrative Order Number 228, Education Assistance Policy. Dated this ____ day of _______________, 2019. CITY OF PASCO _______________________________ ___________________________________ Dave Zabell, James Thompson, President City Manager Pasco Police Officer’s Association Page 109 of 109