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
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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
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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
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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.
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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:
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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
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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.
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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:
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(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:
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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.
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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.
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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.
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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
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