HomeMy WebLinkAbout2020.03.02 Council Meeting PacketRegular Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
March 2, 2020
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 - 11 (a) Approval of Meeting Minutes
To approve the minutes of the Pasco City Council meeting held on February
18, 2020 and workshop held on February 24, 2020.
12 - 13 (b) Bills and Communications
To approve claims in the total amount of $3,937,087.66 ($3,070,751.90 in
Check Nos. 234170-234415; $76,511.29 in Electronic Transfer Nos.
827294-827348, 827351-827366, 827368-827430, 827437-827543, 827547;
$15,760.86 in Check Nos. 53203-53218; $774,063.61 in Electronic Transfer
Nos. 30144537-30145038).
14 - 29 (c) Public Records Policy Updates
To approve Resolution No. 3943, updating the City of Pasco's Public
Records Policy.
MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGEMENTS:
5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for debate or
for the posing of questions with the expectation of an immediate response. Some
questions require consideration by Council over time and after a deliberative
process with input from a number of different sources; some questions are best
Page 1 of 103
Regular Meeting March 2, 2020
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
(b) COVID-19 Presentation by Dr. Amy, Health Officer with the Benton-
Franklin Health District
30 - 33 (c) General Fund Monthly Report - January 2020
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
34 - 57 (a) Public Hearing - Northwest Area Sewer LID Formation
MOTION: I move to adopt Ordinance No. 4483, relating to improvements
for a new sanitary sewer trunk line and other sewer improvements in the
City’s Northwest (Broadmoor) Area (collectively, the “improvements”);
ordering the improvements of approximately 12,000 linear feet of new trunk
sewer piping consistent with Resolution No. 3932; establishing Local
Improvement District No. 151, and ordering the carrying out of the proposed
improvements; providing that payment for the improvements be made by
special assessments upon the property in the district, payable by the mode of
“payment by bonds;” and, providing for the issuance and sale of local
improvement district warrants redeemable in cash or other short-term
financing and local improvement district bonds, and further, authorize
publication by summary only.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
58 - 86 (a) Q* Sandy Heights RV Park LLC Rezone (Z 2019-014)
MOTION: I move to adopt Ordinance No. 4484, rezoning a parcel located
at the 8200 Block of Chapel Hill Boulevard, from CR to C-1, and further,
authorize publication by summary only.
87 - 100 (b) *Pasco Public Facilities District Charter Amendments
MOTION: I move to adopt Ordinance No. 4485, amending the Charter of
the Pasco Public Facilities District, and further, authorize publication by
summary only.
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Regular Meeting March 2, 2020
9. UNFINISHED BUSINESS:
10. NEW BUSINESS:
101 - 103 (a) *Pearl St. Lift Station Bid Award
MOTION: I move to award the bid for construction of the Pearl Street Lift
Station to C&E Trenching, LLC, in the amount of $982,721.40 including
Washington State Sales Tax, and further authorize the City Manager to
execute the contract documents.
11. MISCELLANEOUS DISCUSSION:
12. EXECUTIVE SESSION:
13. ADJOURNMENT:
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
(b)
REMINDERS:
• Wednesday, March 4, 7:00 PM: Community Forum - HAPO
Center at 6600 Burden Boulevard
• Thursday, March 5, 5:30 PM: Parks & Recreation Advisory Board
– P&R Classroom, Pasco City Hall (COUNCILMEMBER DAVID
MILNE, Rep.; MAYOR SAUL MARTINEZ, Alt.)
• Monday, March 9, 12:00 PM Pasco Chamber of Commerce Lunch
Meeting - Pasco Red Lion Hotel
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for
assistance.
Servicio de intérprete puede estar disponible con aviso. Por favor avisa la
Secretaria Municipal dos días antes para garantizar la disponibilidad.
(Spanish language interpreter service may be provided upon request.
Please provide two business day's notice to the City Clerk to ensure
Page 3 of 103
Regular Meeting March 2, 2020
availability.)
Page 4 of 103
AGENDA REPORT
FOR: City Council February 26, 2020
TO: Dave Zabell, City Manager Regular Meeting: 3/2/20
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Approval of Meeting Minutes
I. REFERENCE(S):
02.18.20 & 02.24.20 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council meeting held on February 18, 2020
and workshop held on February 24, 2020.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
None
V. DISCUSSION:
None
Page 5 of 103
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL FEBRUARY 18, 2020
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Saul Martinez, Mayor.
ROLL CALL:
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney,
Saul Martinez, David Milne, Zahra Roach, and Pete Serrano.
Staff present: Dave Zabell, City Manager; Colleen Chapin, Human Resources
Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach Ratkai,
Administrative & Community Services Director; Brent Cook, Deputy Police
Chief; Richa Sigdel, Finance Director; Rick White, Community & Economic
Development Director; Steve Worley, Public Works Director; and Debby
Barham, City Clerk.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Meeting held on February 3,
2020 and Workshop held on February 10, 2020.
Bills and Communications
To approve claims in the total amount of $3,490,989.12 ($2,542,443.03 in
Check Nos. 233900-234169; $103,782.77 in Electronic Transfer Nos. 827431-
827432, 827434-827436; $19,316.93 in Check Nos. 53184-53202; $825,446.39
in Electronic Transfer Nos. 30144028-30144535).
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
$261,262.14 and, of that amount, authorize $144,677.63 to be turned over for
collection.
MOTION: Mayor Pro Tem Barajas moved to approve the Consent Agenda as
read. Mr. Maloney seconded. Motion carried by unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGEMENTS:
Proclamation for "Black History Month"
Mayor Martinez read and presented a proclamation honoring February as
"Black History Month" to Vanis Daniels, a representative of the African
American Community Cultural and Educational Society.
Mr. Zabell, Mr. Maloney and Ms. Roach also commented about the celebration
of Black History Month. Council expressed gratitude to Mr. Daniels for
accepting the proclamation.
VISITORS - OTHER THAN AGENDA ITEMS:
Ryan Cooper, Franklin County resident and representative of the Benton Franklin
Libertarian Party, talked about the Red Light Cameras within Pasco and Marijuana
Moratorium.
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REGULAR MEETING
MINUTES
PASCO CITY COUNCIL FEBRUARY 18, 2020
Mr. Zabell, stated that staff will be reporting on the status of the Red Light Cameras to
Council shortly.
J.D. Raymond, Franklin County resident and Franklin County Sheriff, stated that Pasco
has a problem with homelessness, poverty, drug-use and the problem is growing. He is
a participant of the local Substance Abuse Coalition and supports the re-purposing of
the old Kennewick General Hospital (KGH) building to house the homeless. He
submitted two DVDs for Council's review, one DVD was a recent meeting of the
Franklin County Commissioners and the other DVD was a KEPR television newscast
of an individual jailed as a last resort.
Rock Broadway, Pasco resident, requested that Council make Pasco a second
amendment City.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Verbal Reports from Councilmembers
Mr. Alvarado stated that he attended his first Ben Franklin Transit Board
meeting.
Mr. Maloney commented about the two most recent meetings of the Pasco
Public Facilities District Board.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Ordinance Amending the PMC Based on Code Publishing
Recommendations
Council and staff had a brief discussion regarding the updates within the
proposed ordinance.
MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4482,
amending sections 2.45.020, 9.20.050, 9.125.040, 9.125.050, 9.130.020 and
9.135.030 of the Pasco Municipal Code (PMC), updating and clarifying
provisions of the PMC. Mr. Serrano seconded. Motion carried unanimously.
*Street Vacation: Vacating Portions of Streets and Alleys in Washington
Addition (MF# VAC2019-007)
Mr. White provided a brief report on proposed public hearing, which will
consider a street vacation and answered the Council's questions.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No.3941,
setting 7:00 P.M., Monday, March 16, 2020 as the time and date to conduct a
public hearing to consider vacating roads and alleys lying north of the
centerline of Helena Street and east of the centerline of Missoula Street within
the plat of Washington Addition. Ms. Roach seconded. Motion carried
unanimously.
City Council Representation on Boards and Committees
Mr. Zabell explained that an additional local organization was added to the
2020-2021 Council Assignments representing the City on local and regional
boards and committees. Ms. Roach had previously asked to represent the City
on the Benton Franklin Community Action Connections (CAC) Board.
Ms. Roach noted that the CAC Board meets on the fourth (4th) Thursday of
each month and not on the third (3rd) Thursday as reflected on the assignments
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REGULAR MEETING
MINUTES
PASCO CITY COUNCIL FEBRUARY 18, 2020
list.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 3942,
confirming Councilmember Roach as the City of Pasco Council representative
on the Benton Franklin Community Action Connections Board of Directors.
Mr. Alvarado seconded. Motion carries unanimously.
NEW BUSINESS:
Fire Station No. 83 Bid Award
Council and Chief Gear briefly discussed the bids received for the construction
of the fire station.
MOTION: Mayor Pro Tem Barajas moved to award the bid for construction
of Fire Station No. 83 to Chervenell Construction Co. in the amount of
$4,730,616.00 including Washington State Sales Tax, and further authorize the
City Manager to execute the contract documents. Mr. Milne seconded. Motion
carried unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Zabell announced the upcoming City of Pasco's community forums
scheduled for Wednesday, February 26 at 7:00 PM at Tierra Vida's Recreation
Center and on Wednesday, March 4 at 7:00 PM at the HAPO Center.
Mr. Alvarado expressed interest in a determining a way to know which
community members are from Pasco versus other cities and those from the
counties when they speak at the forums.
Mr. Zabell stated that speakers could be asked to state their name and address
for the record.
ADJOURNMENT:
There being no further business the meeting adjourned at 7:44 PM.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
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WORKSHOP
MEETING
MINUTES
PASCO CITY COUNCIL FEBRUARY 24, 2020
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Saul Martinez, Mayor.
ROLL CALL:
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney,
Saul Martinez, David Milne, Zahra Roach, and Pete Serrano.
Staff present: Dave Zabell, City Manager; Colleen Chapin, Human Resources
Director; Eric Ferguson, City Attorney; Ed Dunbar, Deputy Fire Chief; Zach
Ratkai, Administrative & Community Services Director; Brent Cook, Deputy
Police Chief; Richa Sigdel, Finance Director; Rick White, Community &
Economic Development Director; Steve Worley, Public Works Director; and
Debby Barham, City Clerk.
The meeting was opened with the Pledge of Allegiance.
VERBAL REPORTS FROM COUNCILMEMBERS:
Mr. Alvarado commented on the Benton Franklin Council of Governments
meeting he attended on Friday, February 21.
Mr. Milne commented the Downtown Pasco Development Authority (DPDA)
meeting he attended on Thursday, February 20.
Mayor Martinez commented on the Tri-Cities National Park Committee
meeting he attended on Thursday, February, 20.
ITEMS FOR DISCUSSION:
Reimann Industrial Center Presentation
Mr. White introduced Randy Hayden, the Port of Pasco Executive Director.
Mr. Hayden provided a brief presentation regarding the Reimann Industrial
Center, a new 300-acre industrial park.
Council and Mr. Hayden briefly discussed the development of the industrial
park.
Issuance of 2020 Revenue Bond and Refunding of Previous Bonds
Ms. Sigdel introduced a new bond issue and updated Council on the refunding
of existing bonds.
Council expressed support for the proposed bond schedule.
Public Records Policy Updates
Mr. Ratkai provided a report regarding the updates to the Public Records Policy
and the recommendation to place the policy under the City of Pasco's
Administrative Orders.
Council and staff briefly discussed the Public Records Policy. The resolution
and policy will be brought back to Council for approval at the March 2, 2020
Council meeting.
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WORKSHOP
MEETING
MINUTES
PASCO CITY COUNCIL FEBRUARY 24, 2020
East Riverview Area Sewer Service and Development Policies
Mr. Zabell introduced the discussion of the development of City sewer and
water service within east Riverview Estates. This area is located outside of City
limits and is often referred to as a "doughnut hole," as these Franklin County
lands are surrounded by the City of Pasco.
Mr. Zabell, Mr. Worley, Mr. White and Ryan Withers, the City's consultant
from RH2 Engineering described the past development within that area, the
current and future infrastructure needs for the area including water, sewer
streets improvements, as well as fire, ambulance and police services. This area
is in the center of the City's Urban Growth Area (UGA) and the future
development within that area will need to conform to the UGA standards. Both
the City of Pasco and Franklin County are bound by law to mitigate urban
sprawl through the Growth Management Act. The City and Franklin County
have been discussing entering into an interlocal agreement for joint
development standards for the past several years; however, no agreement has
come to fruition. As a result, this has caused a significant challenge to both the
land owners and the City with the current and future development of the
Riverview Estates area.
Mr. Withers described the City's sewer system overall and then focused in on
the Riverview area. Mr. Withers provided Council with three sewer system
alternatives within that area based on three population density growth models.
Council and staff discussion ensued regarding the development alternatives, the
development standards for City utilities and roadways, medical and emergency
services needs, the options for recouping the development costs, the UGA
requirements, and obtaining water rights as the population grows with
development within the UGA.
Continued discussion on this topic will occur with Council and staff.
PMC Amendments - Based on Code Publishing Recommendations
Mr. Ferguson stated that the proposed ordinance amending the Pasco Municipal
Code (PMC), related to City parks revisions, is the second of five omnibus
ordinances.
Council and staff briefly discussed the proposed PMC amendments and how the
park infractions must be tied to one of four classes of civil infractions as
described in PMC Section 1.05.080, Penalties.
Council asked staff for the past Park infraction(s) statistics before moving
forward on adopting these PMC amendments.
MISCELLANEOUS COUNCIL DISCUSSION:
Mr. Zabell reminded Council of the community forum scheduled for
Wednesday, February 26, the new Fire Station No. 83 ground-breaking event
scheduled for Friday, February 28. Mr. Zabell also announced the first softball
tournament of the section is scheduled for the coming weekend and there are
tournaments scheduled for the next six weeks. Lastly, Mr. Zabell stated that
there are several applications in for the City's boards and commissions and the
application packets will be forwarded onto the Mayor for review shortly.
Mr. Maloney stated that the Franklin Council Commissioners will be discussing
the redistricting of their districts on Tuesday, February 25. Mr. Maloney
encouraged the public to attend the Commissioners meetings to express their
needs.
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WORKSHOP
MEETING
MINUTES
PASCO CITY COUNCIL FEBRUARY 24, 2020
Mayor Martinez congratulated the two Pasco high schools' athletes and teams
that made it to the state level competions for their sports.
ADJOURNMENT:
There being no further business, Mayor Martinez closed the workshop at 8:45
PM.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 3 of 3 Page 11 of 103
AGENDA REPORT
FOR: City Council February 27, 2020
TO: Dave Zabell, City Manager Regular Meeting: 3/2/20
FROM: Richa Sigdel, Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 03.02.2020
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $3,937,087.66 ($3,070,751.90 in Check Nos.
234170-234415; $76,511.29 in Electronic Transfer Nos. 827294-827348, 827351-
827366, 827368-827430, 827437-827543, 827547; $15,760.86 in Check Nos. 53203-
53218; $774,063.61 in Electronic Transfer Nos. 30144537-30145038).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 12 of 103
REPORTING PERIOD:
March 2, 2020
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 234170-234415 53203-53218
Total Check Amount $3,070,751.90 $15,760.86 Total Checks 3,086,512.76$
Electronic Transfer Numbers 827294-827348 30144537-30145038
827351-827366
827368-827430
827437-827543
827547
Total EFT Amount $76,511.29 $774,063.61 $0.00 Total EFTs 850,574.90$
Grand Total 3,937,087.66$
Councilmember
100 676,722.26
110 12,962.78
120 0.00
130 0.00
140 12.57
142 0.00
145 2,202.32
150 29,204.77
160 18,858.28
165 2,644.43
166 18,495.50
170 1,576.64
180 2,094.17
185 0.00
188 0.00
189 0.00
190 651.10
191 14,583.33
192 0.00
194 54,560.21
195 0.00
196 HOTEL/MOTEL EXCISE TAX 12,086.70
245 0.00
367 35,272.02
410 2,248,786.56
510 2,556.83
511 0.00
520 0.00
630 0.00
690 803,817.19
GRAND TOTAL ALL FUNDS:3,937,087.66$
MEDICAL/DENTAL INSURANCE
FLEX
PAYROLL CLEARING
EQUIPMENT RENTAL - OPERATING BUSINESS
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
RIVERSHORE TRAIL & MARINA MAIN
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
STREET OVERLAY
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described
herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager Richa Sigdel, Finance Director
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
2nd day of March, 2020 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
ARTERIAL STREET
The City Council
February 13 - February 26, 2020
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
Page 13 of 103
AGENDA REPORT
FOR: City Council February 25, 2020
TO: Dave Zabell, City Manager
Zach Ratkai, Administrative & Community
Services Director
Regular Meeting: 3/2/20
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Public Records Policy Updates
I. REFERENCE(S):
Proposed Resolution & Public Records Policy
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve Resolution No. ______, updating the City of Pasco's Public Records
Policy.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The City's Public Records Policy (Resolution No. 3460) was last updated in March
2013. Since that date, the State has made many revisions to the Washington State
Public Records Act and the City's Public Records Policy n eeds to reflect those
revisions.
The most notable updates within the proposed Public Records Policy include:
• Addition of fees for electronic records per RCW 42.56.120 (2)(iii, iv and v)
• Addition of Body Worn Camera (BWC) records description, fees associated
with BWC records, waivers of fees, etc. per RCW 42.56.240 and 42.56.050
• Addition of Public Records Retention language - following the Washington
State Archivist’s Retention Schedules unless the City determines that the
records will be maintained beyond the State’s minimum retention per RCW
40.14
• Additional language about “Duplicate Requests” and how to respond to such
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requests
• Additional language about “Notice to Third Parties”
• Additional language about “No Duty to Create Records”
• Additional language about “No Duty to Supplement Responses” for requests
already closed
• Addition of a link to the Code Reviser's website that provides the most up-to-
date list of records “Exempt from Public Disclosure” per RCW 42.56.070(2)
Beyond statutory and practical updates listed above, as indicated within the proposed
resolution, staff and the City Attorney are proposing that the Public Records Policy be
moved under the City's Administrative Orders (AO). This will avoid future conflict s
with State law and allow staff to maintain and quickly update the City's public records
policy on an ongoing basis as state laws and best practices change related to the City
records including; public records requests, records retention and records disposition.
The Public Records Policy will continue to be accessible to the public on the City's
website and at the City Clerk's Office as required by law per RCW 42.56.040.
V. DISCUSSION:
The proposed Resolution, with the updated Policy attached to it, was discussed at the
February 24, 2020 Council workshop.
Page 15 of 103
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
RESCINDING RESOLUTION NO. 3460 REGARDING PUBLIC RECORDS
REQUESTS AND REPLACING IT WITH A COMPREHENSIVE PUBLIC
RECORDS POLICY THROUGH ADMINISTRATIVE ORDER.
WHEREAS, the City of Pasco previously adopted the Washington State Attorney General’s
advisory rules as Resolution No. 3267, and subsequent amendments through Resolutions No. 3446
and No. 3460; and
WHEREAS, the Washington State Legislature has passed updates to Revised Code of
Washington, Chapter 42.56 Public Records Act, via ESHB 1594 and EHB 1595 in 2017-2018 as well
as other legislation; and
WHEREAS, the City finds it necessary to update its disclosure and disposition procedures
consistent with the legislative changes, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON:
Section 1. Records Index. The City finds that maintaining an index is unduly burdensome and
would interfere with City operations. The requirement would unduly burden or interfere with City
operations in the following ways:
1) Given the number of different departments/divisions in the City, the maintenance of a
single index is impractical; and
2) Due to activity levels in the City, the type and number of records is constantly changing.
Section 2. The City Manager is hereby authorized and directed to institute the Public Records
Policy, and furthermore, authorized to amend such administrative policies and practices as necessary
and appropriate. The Public Records Policy shall be readily available to the public at City Hall and
on the City’s website and is attached hereto as EXHIBIT A.
PASSED by the City Council of the City of Pasco, Washington, at its regular meeting on the
____ day of _______, 2020.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
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P a g e | 1
CITY OF PASCO
ADMINISTRATIVE ORDER
Administrative Order No.
Administrative and Community Service
Subject: Public Records Policy Initial Effective Date:
March ___, 2020
Revised
Approved
Authority provided to the City Manager through Resolution No. ____, approved by Council on
____________.
I. PURPOSE:
This Order is necessary in order to update uniform rules and procedures regarding the City
of Pasco’s Public Records Policy, previously defined and adopted by Resolution No. 3460.
II. DEPARTMENTS AFFECTED:
All.
III. POLICY:
The purposes of this policy are to: (1) describe the organization of the City; and (2) comply
with Chapter 42.56 RCW, the Public Records Act. Except where these guidelines are
mandated by statute, the guidelines in this policy are discretionary and advisory only and
shall not impose any affirmative duty on the City. The City reserves the right to apply and
interpret this policy as it deems necessary, and to revise or change the policy at any time.
This policy shall be available at City Hall and posted on the City’s Website.
IV. PROCEDURES:
1. AGENCY DESCRIPTION - PUBLIC RECORDS OFFICER - CONTACT
INFORMATION.
A) Agency Description. The City of Pasco is a Washington Municipal Corporation
providing municipal services. The City’s central office is located at the Pasco City Hall,
located at 525 North 3rd Avenue, Pasco, WA.
B) Public Records Officer. Any person wishing to request access to public records or
seeking assistance in making a request, should contact the City’s Public Records
Officer. The City Manager has designated the City Clerk as the City’s Public Records
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P a g e | 2
Officer pursuant to RCW 42.56.580. While the Public Records Officer may offer help
and guidance relating to any public records request, requests for police records, fire &
emergency medical services incident records, and municipal court records should be
directed to the designated records officer within those departments. The contact
information is listed below.
C) Contact Information.
The Public Records Requests webpage provides details on how and where to submit a
public records request. The webpage is located at https://www.pasco-
wa.gov/193/Public-Records-Requests or Google “City of Pasco Public Records.”
1) Requests for General and Police Body Worn Camera records. Requests to inspect
or copy records should be made to the City Clerk’s Office using the on-line public
records request portal (NextRequest) or at the information provided below. For
questions regarding the online portal, contact the City Clerk’s Office:
City Clerk’s Office
City of Pasco
525 North 3rd Ave., Pasco WA 99301
Telephone: (509) 544-3096
Facsimile: (509) 543-5727
Email: cityclerkPRR@pasco-wa.gov
2) Requests for Police records. Requests to inspect or copy records maintained by the
City’s Police Department, with the exception of Body Worn Camera records,
should be made to the Police Records Officer at:
Records Office
City of Pasco Police Department
215 W Sylvester St., Pasco WA 99301
Telephone: (509) 545-3421
Facsimile: (509) 545-3423
Email: records@pasco-wa.gov
3) Requests for Fire and Emergency Medical Services Incident records. Requests to
inspect or copy records for fire and emergency medical services incidents,
maintained by the City’s Fire Department should be made to the department at:
Fire Administration
City of Pasco Fire Department
310 North Oregon Ave., Pasco WA 99301
Telephone: (509) 545-3426
Facsimile: (509) 543-5717
Email: pascofire@pasco-wa.gov
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4) Requests for Municipal Court records. Requests to inspect or copy records
maintained by the Pasco Municipal Court, should be made to the Court
Administrator at:
Municipal Court Administration
City of Pasco
1016 North 4th, Pasco WA 99301
Telephone: (509) 545-3491
Facsimile: (509) 545-3494
Email: municipalcourtPRR@pasco-wa.gov
5) Internet access to records: Many of the City’s public records are available on the
City’s website at www.pasco-wa.gov. Requestors are encouraged to view the
documents available on the website prior to submitting a public records request.
D) Compliance with the Public Records Act. The Public Records Officer will oversee
compliance with the Public Records Act, but another City staff member may process a
request once received. Therefore, these rules will refer to the Public Records Officer
“or designee.” The Public Records Officer or designee and the City will provide the
fullest assistance to requestors, ensure that public records are protected from damage
or disorganization, and prevent the amount of time spent fulfilling public records
requests from causing excessive interference with essential functions of the City.
2. AVAILABILITY OF PUBLIC RECORDS.
A) Hours for inspection of records. Public records are available for inspection and copying
during normal business hours of the City.
1) The City Clerk’s Office, Police Department and Fire Department hours are Monday
through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays.
2) The Municipal Court hours are Monday through Friday, 8:30 a.m. to 12:30 p.m.,
and 1:30 p.m. to 4:00 p.m., excluding legal holidays.
B) Organization of records. The City will maintain its records in a reasonably organized
manner consistent with available resources. Pursuant to RCW 42.56.070(4), the City
of Pasco has determined that development and maintenance of a current index of all
public records as required by RCW 42.56.070(3) is unduly burdensome. See City of
Pasco Resolution No. ____.
C) Retention of Records. The City is not required to retain all records it creates or uses.
However, the City will follow RCW Chapter 40.14, Preservation and Destruction
of Public Records, in the retention and destruction of public records. The Secretary of
State, State Archives Committee approves a general retention schedule for local agency
records (including cities) that is common to most agencies. Individual agencies may
seek approval from the Local Records Committee for retention schedules specific to
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their agency or that, due to their particular business needs, must be kept longer than
provided in the general schedule.
The local agencies retention schedule is available at www.secstate.wa.gov/archives.
Retention schedules for documents vary based on the content of the record. WAC 44-
14-03005.
D) Making a request for public records.
1) A public records request must be for identifiable record(s). A request for all or
substantially all records prepared, owned, used, or retained by an agency is not a valid
request for identifiable records. A variety of public records are available on the City’s
website at www.pasco-wa.gov. Requesters are encouraged to view the public records
currently available on the website at no charge prior to submitting a records request.
Requesters are strongly encouraged to use the applicable public records request forms
available at the offices identified in the Contact Information (1.C. as written above) or
utilizing the online Public Records Requests Portal (Next Request) located on the City
of Pasco’s website: www.pasco-wa.gov/publicrecords. Requests may be made online,
in person, by letter, or e-mail addressed to the Public Records Officer and include
the following information:
a) Name of requestor (optional);
b) Company/Organization (optional);
c) Contact information, either a telephone number, mailing address, and/or e-mail
address (required in order to respond to the request); and
d) Description of “identifiable” the public records adequate for the Public Records
Officer or designee to locate the records.
2) Requests submitted by mail addressed to the Public Records Officer will be deemed
received on the date received by the City. Requests submitted electronically to the
Public Records Officer will be deemed received on the date it is received, but
requests received after the close of business will be deemed received on the next
business day.
3) If the requestor wishes to have copies of the records instead of simply inspecting
them, fees may apply depending on the type and format of responsive records. Refer
to the Fees Schedule for details, Section 5. COSTS OF PROVIDING COPIES OF
PUBLIC RECORDS.
4) In the event the records requested in any department are readily available, of a
routine nature, and do not involve the interest of any other person, the Public
Records Officer or the department head may authorize the immediate inspection
and/or copying of such record without the necessity of filing the request as provided
in 2(D)(1).
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3. PROCESSING OF PUBLIC RECORDS REQUEST - GENERAL.
A) Providing Fullest Assistance. The City is charged by statute with adopting rules which
provide how it will “provide full access to public records,” “protect records from
damage or disorganization,” “prevent excessive interference with other essential
functions of the City,” provide “fullest assistance” to requestors, and provide the “most
timely possible action” on public records requests. The Public Records Officer or
designee will process requests in the order allowing the most requests to be processed
in the most efficient manner.
B) Response. Within five (5) business days of receiving a public records request, the
Public Records Officer or designee will respond by doing one or more of the following:
1) Make the record(s) available, in whole or part, for inspection or copying;
2) Acknowledge the request and provide a reasonable estimate of time required by the
City to respond to the request;
3) Acknowledge the request and ask the requestor to provide clarification for a request
that is unclear, and provide, to the greatest extent possible, a reasonable estimate of
time necessary to respond to the request if it is not clarified; or
4) Deny the Records Request.
The City may deny a request, in whole or part, and provide the legal basis
for such denial.
The City may also deny an automatically generated (“bot”) request that is
one of multiple requests received from the same Requestor within a 24-hour
period, if the City establishes that responding to the multiple requests would
cause excessive interference with the other essential functions of the City.
A "bot" request means a records request that the City reasonably believes
was automatically generated by a computer program or script.
NOTE: In computing time, the day on which the request is received does not count as
one of the five business days. Holidays and weekends are also excluded from the
calculation of time. RCW 1.12.040.
C) Large Requests. When a public records request is for a large volume of records, the
Public Records Officer may elect to provide records on an installment basis if he or she
reasonably determines that it would be practical to provide the records in that way. If a
requester does not contact the Public Records Officer or designee to arrange for the
review of any installment within thirty (30) days of notice of review, the City may deem
the request abandoned, stop fulfilling the remainder of the request, and close the
request. The City may fulfill smaller requests received after a large request prior to
fulfilling the large request.
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The Public Records Officer or designee may use the following criteria and method for
identifying large or complex requests. Such criteria and method may be amended from
time to time as the demand for records and the availability of resources change.
The Public Records Officer or designee may consider the following criteria when
identifying large or complex requests: (1) the general, expansive, or all-inclusive nature
of the request; (2) the number of departments involved; (3) the location of records and
available method of searching records; (4) the potential number of records implicated;
(5) the rights of third parties; (6) the need for clarification of the request; (7)
administrative tasks necessary to process the request; (8) the amount of time needed to
review documents for applicable exemptions; (9) the need for legal review of the public
records request; (10) the format of relevant records; and (11) other relevant
circumstances.
The method for applying the criteria in reviewing the requests shall be the use of the
Public Records Request Evaluation Sheet, attached hereto as Exhibit A. The Public
Records Officer or designee shall score those requests, which appear to be potentially
large or complex by using the Public Records Request Evaluation Sheet. A request that
scores 8 points or less shall be considered a Routine request, and will be processed
together with other Routine requests in the order such requests were received. A request
that scores 9 points or greater shall be considered Large or Complex, and will be
processed together with other Large or Complex requests in the order such requests
were received. In the event the records requested in any department are readily
available, of a common nature, and do not involve the interest of any other person, the
public records officer or the department head may authorize the immediate inspection
and/or copying of such record without the necessity of filing the request as provided in
subsection 2(D)(1) above.
1) Requestors are encouraged to narrow or clarify large or complex requests. A request
that is narrowed or clarified will be rescored to determine if the request qualifies as
Routine and can otherwise be processed with the other pending Routine requests.
Requestors are encouraged to consider the needs of others and utilize the public
records request process responsibly.
2) A requestor may appeal the determination that a request is Large or Complex to the
City Manager or designee by providing a written request for review of the
determination to the City Manager's office within ten (10) business days of the
determination. A written decision shall be issued by the City Manager or designee
within five (5) business days from receipt of the appeal unless extended or waived
by mutual written agreement.
D) Notice to Third Parties. If a public record contains information affecting an individual
or organization other than the person who requested the public record, the City may
notify that individual or organization to allow the third party to seek relief pursuant to
RCW 42.56.540, unless notice is required by law. The notice to the affected persons or
organizations will include a copy of the request. Third parties shall be given 15 business
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days to obtain and provide to the City an order from the court preventing or limiting
disclosure. Nothing in this policy is intended to create any right to such notice.
E) Duplicate Requests; Different Timeframe. When a requestor makes multiple public
records requests for the same identifiable records but for different timeframes, the City
may, in the City’s discretion, combine the requests into one public records request.
F) No Duty to Create Records. The City is not obligated to answer written questions,
create new public records, or provide a record in a format different from the original
format of the record; however, the City may, in its discretion, offer to create such a
record to fulfill a request where it may be easier for the City to create a record
responsive to the request than to collect and make available voluminous records.
G) No Duty to Supplement Responses. The City is not obligated to hold current records
requests open to respond to requests for records that may be created in the future. A
new request must be made to obtain later-created public records.
H) Reference to Website. The City may fulfill requests by providing a link to the records
published on the City’s public website.
I) Unclear Requests. If a public record request is vague or otherwise unclear, the City
shall request clarification from the requestor for any portion that is unclear, in
accordance with Section 3(B) (3) above. If the requestor fails to clarify the request
within 10 business days, the City may deem the unclear portion of the request as having
been abandoned, but shall continue to prepare a response to any clear portions of the
request in accordance with RCW 42.56.
J) Records Exempt from Disclosure. After the City Staff has gathered responsive records,
the Public Records Officer or designee, and in some incidences in conjunction with the
City Attorney’s Office, shall determine whether an exemption applies to all or part of
the record. If the City believes that a record is exempt from disclosure and should be
withheld, the Public Records Officer will state the specific exemption and provide a
brief explanation of why the record or a portion of the record is being withheld. If only
a portion of a record is exempt from disclosure, but the remainder is not exempt, the
Public Records Officer will redact the exempt portions, provide the nonexempt
portions, and indicate to the requestor why portions of the record are being redacted.
The City need not make available for inspection and copying public records exempt
from public inspection and copying under Chapter 42.56 RCW and other records
exempt from public inspection and copying under State or Federal statute or regulation.
Here is the link to the list of the Revised Code of Washington (RCW) public disclosure
exemptions prepared the Code Reviser’s Office: Public Disclosure Exemptions.
K) Privilege Log. If the City determines that a record is exempt and should be withheld,
the City will maintain a privilege log of applicable withheld records. The privilege log
will identify:
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1) Type of record withheld.
2) Date of record.
3) Number of pages.
4) Author or recipient, unless their identity is exempt.
5) The exemption invoked.
6) A brief explanation describing how the exemption applies.
A copy of the privilege log will be provided to the requestor.
L) Inspection of Records.
1) Consistent with other demands, the City shall promptly provide a location at City
Hall to inspect public records. The requestor may not remove a record from the
viewing area or disassemble or alter any records. No fee shall be charged for the
inspection of public records. The requestor shall indicate which documents, if any,
he or she wishes the City to copy.
2) The requestor must claim or review the assembled records within thirty (30) days
of the City's notification to him or her that the records are available for inspection
or copying. The City will notify the requestor in writing of this requirement and
inform the requestor that he or she should contact the City to make arrangements
to claim or review the records. If the requestor or a representative of the requestor
fails to claim or review the records within the thirty-day (30) period or make other
arrangements, the City may close the request and refile the assembled records.
Other public records requests can be processed ahead of a subsequent request by
the same person for the same or almost identical records, which can be processed
as a new request.
M) Providing Copies of Records. Upon request, and after payment of any required deposit
or fees, the Public Records Officer or designee will provide copies or arrange for
copying of public records. Refer to Section 5, Costs of Providing Copies of Public
Records.
N) Completion of Inspection and/or Release of Records. When the inspection of the
responsive records is complete and all responsive copies are provided to the requester,
the Public Records Officer or designee will indicate that the City has completed a
diligent search for the requested records and has made the nonexempt records available
for inspection and/or release. A written notification will be provided to the requestor
that the request has been completed and closed.
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O) Closing Withdrawn or Abandoned Requests. The Public Records Officer or designee
will close the request and notify the requestor in writing that the City has closed the
request when the requestor either:
1) Withdraws the request;
2) Fails to fulfill his or her obligations to inspect the records;
3) Fails to pay the 10% deposit;
4) Fails to pay the required fees for an installment; or
5) Fails to make final payment for the requested copies.
P) Later Discovered Documents. If, after the City has informed the requestor that it has
provided all available records, the City becomes aware of additional responsive records
existing at the time of the request, it will promptly inform the requestor of the additional
records and provide them on an expedited basis.
4. REQUESTS TRACKING LOG.
A) The City shall log the following for all public records requests:
1) Identity of Requestor, if provided.
2) Date the request was received.
3) The text of the original request.
4) Description of records produced in response to request.
5) Description of records redacted or withheld and the reasons for redaction and/or
withholding.
6) Date of final disposition of the request.
The City shall maintain such Public Records Requests Tracking Log in accordance with
the retention schedule under RCW 40.14
5. COSTS OF PROVIDING COPIES OF PUBLIC RECORDS.
A) No costs for inspecting. There is no fee for inspecting public records, including
inspecting records published on a public City website.
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B) Actual costs. Except where provided in this section, the City finds that calculating
actual costs for providing copies of public records for every public records request
would be unduly burdensome. The City does not have significant resources, and the
cost and effort that would be expended when calculating actual costs would interfere
with City operations.
C) Charges for Copies. Per RCW 42.56.120, the City will charge one or more of the
following charges for copies:
1) Fifteen cents (15¢) per page for standard (8 ½ inch x 11 inch or 8 ½ inch x 14 inch)
black-and-white copies or for the use of City equipment to make standard black-
and-white copies;
2) Ten cents (10¢) per page for any paper records that are scanned so they can be
produced in electronic format or for the use of City equipment for scanning.
3) Five cents (5¢) for every four electronic files or attachments uploaded to an email,
cloud storage service, or other electronic delivery system.
4) Ten cents (10¢) per gigabyte for the transmission of public records in an electronic
format or for the use of agency equipment to send the records electronically. The
agency shall take reasonable steps to provide the records in the most efficient
manner available to the agency in its normal operations.
5) The actual cost of any digital storage media or device provided by the agency, the
actual cost of any container or envelope used to mail the copies to the requestor,
and the actual postage or delivery charge.
6) The actual cost of copying and taxes actually charged by any third-party vendor
used to make copies of specialized records such as maps, plan, blue-prints, etc.
The Public Records Officer may elect to waive these fees. Fees will be waived when
the expense of billing exceeds the cost of copying and postage. If a requestor asks the
City to provide an estimate of charges before copies are made, the City must provide
such an estimate. The requestor must then be given the opportunity to revise their
request to reduce the charges.
8) Body Worn Camera Records Fees.
a. Per RCW 42.56.240(14)(e), the standard fee for body worn camera records
video redaction costs shall be an hourly staff rate of $41.80 as of January 1,
2020. A 10% deposit is required prior to the request (or installment of the
request) is processed.
b. Pursuant to RCW 42.56.240(14)(e), waiver of the Body Worn Camera Records
fee may occur when:
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1. The requester is a person directly involved in the recorded incident. The
requester is required to provide Photo ID with the request.
2. The requester is the attorney representing a person directly involved with
the recorded incident.
3. The requester is the person, or his or her attorney, requesting the video
relevant to his/her criminal case. The requester is required to provide Photo
ID with the request.
4. The requester is the executive director of the Washington State commission
on African-American affairs, Asian Pacific American affairs or Hispanic
affairs.
5. The requester is the attorney representing a person regarding a potential or
existing civil cause of action involving the denial of civil rights under the
federal or state constitution, or violation of a United States Department of
Justice settlement agreement, and seek relief from redaction costs.
D) Deposit and Full Payment. Before beginning to make the copies, the Public Records
Officer or designee may require a deposit of up to ten percent (10%) of the estimated
cost of copying all the records selected by the requestor. The Public Records Officer
or designee may also require the payment of the remainder of the copying cost before
providing all the records, or the payment of the cost of copying an installment before
providing that installment. The City will not charge sales tax when it makes copies of
public records.
E) Payment. Payment may be made by cash, check, money order or debit card to the City.
When necessary, payment should be made payable to the order of The City of Pasco.
F) Costs for specialized services. In the event the City is required due to the size of the
records or when there is a need for specialized copying equipment (i.e., photographs,
blueprints, taped or video recordings) to use the services of an outside source
designated by the City, the requestor shall be required to pay the actual costs of such
service, including delivery and return of public records for the purpose of copying.
1) Before the City may expend any specialized services costs or assess those costs, the
City must notify the requestor of the specialized service charge to be applied to the
request, including an explanation of why the specialized service charge applies, a
description of the specific expertise, and a reasonable estimate of the charge. The
notice must also provide the requestor the opportunity to amend his or her request
in order to avoid or reduce the cost of a specialized service charge.
G) Costs of mailing. The City may also charge actual costs of mailing or postage
(including the costs of the shipping container) and the actual costs of long-distance
facsimile transmission.
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6. REVIEW OF DENIALS OF PUBLIC RECORDS.
A) Petition for Internal Administrative Review of Denial of Access. Any person who
objects to the initial denial or partial denial of a records request may petition in writing
(including e-mail) to the Public Records Officer for a review of that decision. The
petition shall include a copy of, or reasonably identify, the written statement by the
Public Records Officer or designee denying the request.
B) Consideration of Petition for Review. The Public Records Officer shall promptly
provide the petition and any other relevant information to the City Attorney. The City
Attorney will immediately consider the petition and either affirm or reverse the denial
within two (2) business days following the City's receipt of the petition, or within such
other time as the City and the requestor shall mutually agree upon. The comments
incorporated in WAC, Chapter 44-14 may be relied upon as authority for
determinations made by the City in applying or interpreting this Administrative Order.
C) Alternative Dispute Resolution. In the event of a dispute regarding the inspection or
copying of public records, the parties are encouraged to first meet in a good faith
attempt to resolve the dispute by agreement of the parties or by mediation. In the event
the dispute remains, the dispute can be resolved by arbitration pursuant to RCW
Chapter, 7.04A, the Mandatory Rules of Arbitration, as amended, and venue being
placed in Franklin County, Washington.
D) Judicial Review. Any person may obtain court review of denials of public records
requests pursuant to RCW 42.56.550 at the conclusion of two (2) business days after
the initial denial, regardless of any internal administrative appeal.
V. REFERENCES:
Revised Code of Washington (RCW) Chapter 42.56 (Public Records Act); Washington
Administrative Code (WAC) Chapter 44-14 (Public Records Act – Model Rules) provides
direction and assistance regarding Requests for Public Records; and RCW Chapter 40.14
(Preservation and Destruction of Public Records).
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Public Records Request Evaluation Sheet
Score Weight Measurement Criteria
(1) General, Expansive or all-inclusive nature of request
0 Specific documents, records identified
1 Records generally identified
2 Records Unidentified
(2) Number of departments involved
0 Records in one Department or Division
1 Records in two or three Departments or Divisions
2 Records in more than three Departments or Divisions
(3) Location of available / relevant records
0 Records in active files
0 Records in searchable database
1 Records in archive files
1 Records must be searched in individal locations
(4) Potential number of records implicated
0 Less than 10 documents (not pages)
1 More than 10, less than 50 documents
3 More than 50 less than 500 documents
5 Greater than 500 documents
(5) Third party notifications
0 No notifications
1 Notifications
(6) Need for clarification
0 No clarification needed
1 Clarification needed
(7) Administrative tasks needed to process request
1 Interpretation
1 Search Hard Copy
0 Search electronic Copy
2 Metadata
1 Search Other
1 File prep for photograph, Scan
1 Burning CD/DVD or Outsourcing Production
0 File prep for electronic production
(8) Time needed for review for exemptions
0 No review time
1 Review time less than 2 hours
2 Greater than 2 hours, less than 10 hours
3 Greater than 10 hours
(9) Legal review required
0 No legal review required
1 Legal review required
(10) Other Relevant Factors
Total Score
EXHIBIT A
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AGENDA REPORT
FOR: City Council January 29, 2020
TO: Dave Zabell, City Manager Regular Meeting: 3/2/20
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: General Fund Monthly Report - January 2020
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 Council on the General Fund, the City's
major fund. The administration provides quarterly reports to Council for other non-
major funds.
V. DISCUSSION:
No major variance(s) to the approved budget anticipated at this date. The report also
includes contracts over $100,000 and under $300,000 executed administratively in the
month of January.
As per Washington State laws, cities do not close out the year financially until January
31st the following year. Staff will present quarterly reports for other non-major funds
after the 2019 year-end closeout is complete.
Page 30 of 103
Fund NameFund DescriptionReport MonthJanuary, 2020Elapsed Time54%2017 Actual 2018 Actual2019-2020 Adjusted Budget*2019-2020 Actual2019-2020 ProjectedVariance% of Biennial BudgetCommentsRevenuesTaxesProperty 7,963,302 8,352,750 21,648,971 10,741,033 21,648,971 0 50%Sales 13,180,233 14,154,008 28,570,809 13,758,064 28,570,809 0 48% Awaiting an additional month disbursement from State. No variance expected at this time.Public Safety 1,523,723 1,661,707 3,389,400 1,559,045 3,389,400 0 46% Awaiting an additional month disbursement from State. No variance expected at this time.Utility 9,409,979 9,585,916 19,123,919 12,104,413 19,123,919 0 63% Higher than expected Natural Gas and Electric B&O tax. No variance expected at this time.Other 1,252,023 1,299,862 2,397,750 983,950 2,397,750 0 41% Gambling taxes are cyclical in nature. No variance is expected at this time.Licenses & Permits 2,177,235 2,640,720 4,988,400 3,028,843 4,988,400 0 61% Large number of current licenses are renewed in January and February. No variance expected at this time.Intergovernmental 2,130,300 2,294,273 4,841,868 2,553,214 4,841,868 0 53%Charges Goods & Services 6,932,637 7,385,382 15,327,718 7,972,405 15,327,718 0 52%Fines & Forfeits 788,474 943,321 1,714,200 1,039,685 1,714,200 0 61% Fines and forfeits are budgeted conservately as traffic enforcement activity is based on availablity of resources. No variance expected at this time.Miscellaneous 657,342 1,731,200 2,198,950 2,085,185 2,198,950 0 95% Revenue mostly includes property sales revenue that cannot be predicted for 2020.Debt & Transfer In 638,000 232,298 22,455,200 20,426,972 22,455,200 0 91% All debt proceed revenue received for the biennial period. Long Term investment on Chapel Hill LID, GESA Stadium and Animal Shelter transfer.Total Revenues 46,653,248 50,281,437 126,657,185 76,252,810 126,657,185 0 60%ExpendituresCity Council 111,918 124,533 260,540 130,006 260,540 0 50%Municipal Court 1,458,682 1,504,212 3,252,697 1,699,758 3,252,697 0 52%City Manager 1,709,640 1,635,045 3,806,136 1,581,692 3,806,136 0 42% Labor and non-labor items expected to be expended during 2020.Police 16,497,955 16,565,400 36,324,184 18,508,063 36,324,184 0 51%Fire 7,660,554 7,874,894 16,062,340 8,667,559 16,062,340 0 54%Administrative & Community Services 7,370,500 7,502,803 16,497,814 8,368,770 16,497,814 0 51%Community & Economic Development 1,748,053 1916402 3,878,345 2,222,991 3,878,345 0 57%Finance 2,196,310 2,270,459 5,231,873 2,875,281 5,231,873 0 55%Engineering 1,726,983 1,555,552 3,531,421 1,746,646 3,531,421 0 49%Library 1,445,550 1,375,894 2,905,818 1,539,782 2,905,818 0 53%Non-Departmental 2,025,292 2,795,354 4,371,905 2,243,353 4,371,905 0 51%Debt & Transfer Out 3,592,619 1,914,455 29,341,750 5,689,374 29,341,750 0 19% Timing of debt payments. Long Term investment on Chapel Hill LID, GESA Stadium and Animal Shelter transfer, as well as changes to schedules in capital budget. Total Expenditures 47,544,056 47,035,003 125,464,823 55,273,276 125,464,823 0 44%Status - LaborStatus - Non Labor*Budget includes Biennial budget adjustment approved by Council on December 2nd, 2019.General FundLargest fund within the City portfolio. Taxes are major revenue sources and Public Safety salaries and benefits are major expenses within this fund.City is expected to be on track for labor expenses.City is expected to be on track for non labor expenses.Page 31 of 103
$0$10,000$20,000$30,000$40,000$50,000$60,000$70,000$80,000Jan 2019Feb 2019Mar 2019Apr 2019May 2019Jun 2019Jul 2019Aug 2019Sep 2019Oct 2019Nov 2019Dec 2019Jan 2020Feb 2020Mar 2020Apr 2020May 2020Jun 2020Jul 2020Aug 2020Sep 2020Oct 2020Nov 2020Dec 2020Thousands2019-2020 Cumulative General Fund Revenue & Expenditures2019-2020 Cumulative Revenue2019-2020 Cumulative ExpensePage 32 of 103
Recipient Contract Type Description Contract Amount Amendment Contract Total Premier Excavation Progress Payment Chapel Hill LID 150 3,947,669.45$ 111,137.62$ 4,058,807.07$ J-U-B Engineers, Inc. Design Consultant Supplemental Agreement Lewis St. Overpass 1,364,800.00$ 126,500.00$ 1,491,300.00$ Epic Land Solutions Local Agency Guidelines Agreement Citywide Traffic Signal Improvements Ph. 2 169,942.00$ 169,942.00$ Department of Ecology ContractWater Rights Contract with WA State Dept. of Ecology 175,000.00$ 175,000.00$ Contracts/Purchases Over $100,000 and less than $300,000Page 33 of 103
AGENDA REPORT
FOR: City Council February 28, 2020
TO: Dave Zabell, City Manager Regular Meeting: 3/2/20
FROM: Steve Worley, Director
Public Works
SUBJECT: Public Hearing - Northwest Area Sewer LID Formation
I. REFERENCE(S):
Resolution No. 3932
Ordinance - LID No. 151
NW Area Sewer LID Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ____, relating to improvements for a new
sanitary sewer trunk line and other sewer improvements in the City’s Northwest
(Broadmoor) Area (collectively, the “improvements”); ordering the improvements of
approximately 12,000 linear feet of new trunk sewer piping consistent with Resolution
No. 3932; establishing Local Improvement District No. 151, and ordering the carrying
out of the proposed improvements; providing that payment for the improvements be
made by special assessments upon the property in the district, payable by the mode of
“payment by bonds;” and, providing for the issuance and sale of local improvement
district shortother in cash redeemable warrants or -local and financing term
improvement district bonds, and further, authorize publication by summary only.
III. FISCAL IMPACT:
Estimated Project Cost: $6,880,000
Estimated LID Cost: $5,770,000
Estimated City Contribution: $1,110,000
IV. HISTORY AND FACTS BRIEF:
The Project
In 2019, the City began working with property owners of the Northwest (Broadmoor)
Area of Pasco to develop preliminary plans for providing infrastructure to this area.
Page 34 of 103
The Northwest Area has unprecedented potential for development with as much as
4,600 acres to consider. This Urban Growth Area (UGA) contemplates significant
growth to occur to the North and West areas of Pasco.
Provision of sanitary sewer in this area lessens urban sprawl by allowing for more
efficient use of land, which in turn will better support commercial development within
the Broadmoor corridor. This is also consistent with the Growth Management Act,
adopted Council goals and the Comprehensive Land Use Plan.
The ability to serve this area with sanitary sewer took a huge leap forward with the
completion of the Harris Road Sewer Transmission Main Project in 2019. This vital
connection to the existing sanitary sewer system will allow the development i n this
area to occur at a density considerate of the City's overall planning and land use
objectives, it is also consistent with the requirements of the Growth Management Act,
and City Council Goals.
Extending sanitary sewer in the area could occur on a piecemeal basis through
development, which would be inefficient, unpredictable and make uniform
development of the area difficult to accomplish. As an alternative, staff and the
property owners have been discussing a Local Improvement District (LID). Through
an LID, the backbone of the sanitary sewer system necessary to serve the area can be
constructed in a timely manner allowing for all properties within the LID boundaries to
develop as the market and investment decisions of the individual property owners
dictate.
Proposed Process
As background, LIDs are a means of assisting benefiting properties in financing that is
needed for capital improvements through the formation of special assessment districts.
Special assessment districts provide the opportunity for improvements to be financed
and paid for over a period of time through assessments on the benefiting properties.
For this proposed LID, the special assessment district consists of eight (8) property
owners/parcels, and approximately 844 acres of serviceable land that is currently in the
beginning stages of development. The proposed trunk sewer alignment (see attached
Ordinance) is consistent with adopted plans, with the intent of maximizing the LID
area served by gravity.
The preliminary assessments herein (see attached Ordinance) are planning level
estimates, based on a combination of mathematical methods in accordance with RCW
35.44.030 to 35.44.045, Local Improvements - Assessments and Reassessments.
Notwithstanding the methods of assessment provided above, RCW 35.44.047 states
that the city or town may use any other method or combination of methods to compute
assessments, which may be deemed to more fairly reflect the special benefits to the
properties being assessed. If the LID is approved, the City intends to utilize a
Page 35 of 103
combination of methods to compute assessments based on concurrence from property
owners, as described below.
City staff and its design consultant, RH2 Engineering, Inc. (RH2), held two (2)
workshops with LID property owners to discuss alignment and assessment alternatives
for this sewer trunk line, prior to this Public Hearing. Notices were sent to all property
owners to attend these workshop meetings at the City of Pasco’s Police Department,
Community Room, on February 4, 2020 and February 18, 2020.
The first workshop meeting was held to better understand the perspective of property
owners and present and explore concepts relating to alignment in order to maximize the
serviceable area and to determine a fair assessment method.
Staff, RH2 and the property owners worked together in evaluating numerous
assessment methodologies and multiple alignments through a second meeting and
electronic and telephonic communications. Through this process the property owners
and City staff have agreed on the alignment presented in the materials and as noted
above a combination or "hybrid assessment methodology" based on projected flow
from the individual parcels (60%) and frontage of sewer line (40%), with some
adjustments for one of the more unique properties.
V. DISCUSSION:
The design and construction of this project is currently estimated to be $6,880,000,
including up to $1,355,000 of costs going to financial elements like escrow, guaranty
fund, and financing costs.
Staff has consulted with experts in the LID process and confirmed that and LID is an
appropriate funding mechanism for this project. A certified appraiser will be hired to
demonstrate that the benefits of the project accruing to the value of each parcel within
the proposed LID boundary exceed the cost of the each parcel’s projected assessment.
The preliminary alignment, as shown, proposes that the sewer main for this LID should
be installed within easements within the future the right-of-way alignment.
Assessment values are based on planning level estimates and are subject to change. The
appraisals done before and after the improvements will verify that the benefit to each
parcel still exceeds the assessment for each property within the LID. For this LID, the
Final Assessment Roll will be adopted after construction and all project costs are
finalized.
Staff has met with interested property owners with the goal of assuring there remains
consensus on the path to move forward. The plan presented is the result of dialogue
and compromise regarding the methodology to distribute LID costs and elements in a
fair manner that benefit both the property owners and the City.
Page 36 of 103
Page 37 of 103
CITY OF PASCO, WASHINGTON
RESOLUTION NO. 3932
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, RELATING TO PUBLIC IMPROVEMENTS; DECLARING
ITS INTENTION TO ORDER THE IMPROVEMENTS OF THE NORTHWEST
AREA SANITARY TRUNK SEWER (FROM HARRIS ROAD TO ONE-
QUARTER MILE NORTH OF BURNS ROAD) AND TO CREATE A LOCAL
IMPROVEMENT DISTRICT TO ASSESS THE COST AND EXPENSE OF
CARRYING OUT THOSE IMPROVEMENTS AGAINST THE PROPERTY
SPECIALLY BENEFITTED THEREBY; NOTIFYING ALL PERSONS WHO
DESIRE TO OBJECT TO THE IMPROVEMENTS TO APPEAR AND
PRESENT THEIR OBJECTIONS AT A HEARING BEFORE THE CITY
COUNCIL TO BE HELD ON FEBRUARY 3, 2020; AND PROVIDING FOR
OTHER PROPERLY RELATED MATTERS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, as follows:
Section 1. It is the intention of the City Council of the City of Pasco, Washington, to order
the improvement of the property within the area described in Exhibit A, by the construction of the
Northwest Area Trunk Sewer (from Harris Road to one-quarter mile north of Burns Road). The
improvements consist of full sanitary sewer construction, including site grading, manholes, and
sewer pipe, (collectively, the "Improvements"). The referenced Exhibit A is attached hereto and
by this reference made a part hereof.
All of the foregoing Improvements shall be in accordance with the plans and specifications
prepared by the Public Works Director of the City and may be modified by the City as long as that
modification does not affect the purpose of the improvements.
Section 2. The total estimated cost and expense of the Improvements is declared to be
6,879,989, of which an estimated $5,910,000 shall be borne by and assessed against the property
specially benefited by the Improvements to be included in a local improvement district to be
established and embracing as nearly as practicable all the property specially benefited by the
Improvements. Actual assessments may vary from estimated assessments as long as they do not
exceed a figure equal to the increased true and fair value the Improvements add to the property.
Section 3. The City Clerk is authorized and directed to give notice of the adoption of this
resolution and of the date, time and place fixed herein for the public hearing to each owner or
reputed owner of any lot, tract, parcel of land or other property within the proposed local
improvement district by mailing such notice at least fifteen days before the date fixed for public
hearing to the owner or reputed owner of the property as shown on the rolls of the Franklin County
Assessor at the address shown thereon, as required by law.
Resolution - I
Page 38 of 103
This resolution also shall be published in its entirety in at least two consecutive issues of
the official newspaper of the City, the date of the first publication to be at least 15 days prior to
the date fixed herein for the public hearing.
Section 4. All persons who may desire to object to the Improvements are notified to appear
and present those objections at a hearing before the City Council to be held in the Council
Chambers in the City Hall, 525 N. Yd Avenue, Pasco, Washington, at 7:00 p.m. on February 3,
2020, which time and place are fixed for hearing all matters relating to the Improvements and all
objections thereto and for determining the method of payment for the Improvements. All persons
who object thereto should appear and present their objections at that hearing. Any person who may
desire to file a written protest with the City Council may do so within 30 days after the date of
passage of the ordinance ordering the Improvements in the event the local improvement district is
formed. The written protest should be signed by the property owner and should include the legal
description of the property for which the protest is filed and that protest should be delivered to the
City Clerk.
The Public Works Director is directed to submit to the City Council on or prior to February
3, 2020, all data and information required by law to be submitted.
The foregoing resolution was ADOPTED by the City Council of the City of Pasco,
Washington, at a regular open public meeting thereof this 6"' day of January, 2020.
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC rgu
Fy
sonLaw, PLLC
City Clerk Attorney
Resolution - 2
Page 39 of 103
CERTIFICATION
I, the undersigned, City Clerk of the City of Pasco, Washington (the "City"), hereby certify as
follows:
1. The attached copy of Resolution No. 3932, (the "Resolution") is a full, true and correct
copy of a resolution duly adopted at a regular meeting of the City Council of the City held at the
regular meeting place thereof on January 6, 2020, as that resolution appears on the minute book of
the City; and the Resolution will be in full force and effect immediately following its adoption;
and
2. A quorum of the members of the City Council was present throughout the meeting and a
majority of the members voted in the proper manner for the adoption of the Resolution.
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of January, 2020.
CITY OF PASCO, WASHINGTON
Debra Barham, City Clerk
Resolution - 3
Page 40 of 103
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ORDINANCE - FG:53687688.2 –PAGE 1
CITY OF PASCO, WASHINGTON
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
RELATING TO IMPROVEMENTS FOR A NEW SANITARY SEWER TRUNK
LINE AND OTHER SEWER IMPROVEMENTS IN THE CITY’S NORTHWEST
(BROADMOOR) AREA (COLLECTIVELY, THE “IMPROVEMENTS”);
ORDERING THE IMPROVEMENTS OF NEW TRUNK SEWER PIPING
CONSISTENT WITH CITY COUNCIL RESOLUTION NO. 3932;
ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 151, AND
ORDERING THE CARRYING OUT OF THE PROPOSED IMPROVEMENTS;
PROVIDING THAT PAYMENT FOR THE IMPROVEMENTS BE MADE BY
SPECIAL ASSESSMENTS UPON THE PROPERTY IN THE DISTRICT,
PAYABLE BY THE MODE OF “PAYMENT BY BONDS;” AND, PROVIDING
FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT
WARRANTS REDEEMABLE IN CASH OR OTHER SHORT -TERM
FINANCING AND LOCAL IMPROVEMENT DISTRICT BONDS.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. RECITALS AND FINDINGS.
1.1 By Resolution No. 3932 adopted January 6, 2020, the City Council declared its
intention to order the improvements of the Northwest Area sanitary sewer trunk, from Harris Road
to one-quarter mile north of Burns road, and to create a Local Improvement District to assess the
cost and expense of carrying out those improvements against the property specially benefitted
thereby. Pursuant to Resolution No. 3932, the public hearing was scheduled for February 3, 2020,
at 7:00 P.M. (local time), in the City Council Chambers of the City Hall. The public hearing was
conducted to hear all matters relating to the proposed improvements and all comments thereon and
objections thereto and for determining the method of payment for the improvement (the “formation
hearing”). The hearing was commenced on February 3, 2020 and then continued to March 2, 2020
at 7:00 P.M. (local time), in the City Council Chambers of the City Hall.
1.2 The February 3, 2020 public hearing was continued in order to have the opportunity
for City staff to meet with all of the property owners within the LID. City staff scheduled two
workshop meetings and sent notice letters inviting property owners to attend. These workshop
meetings were held on February 4, 2020 and February 18, 2020 at the City of Pasco Police
Department Community Room.
1.3 Based on the information presented and collected from these meetings, the proposed
sewer alignment, as represented in attached Exhibit A, and the LID assessment method was agreed
upon by the City administration and property owners for recommendation to the City Council. The
Page 42 of 103
ORDINANCE - FG:53687688.2 –PAGE 2
description of improvements set forth by Resolution No. 3932 is revised as described in this
Ordinance. The location of the Improvements is generally described, as follows:
beginning at a location in the right-of-way of Harris Road, and the true point thereof
to be described as approximately one half-mile distance due-east of the Harris Road
intersection with West Court street; thence along a northerly line to Burns Road, at
a location in the right-of-way, and the true point thereof to be described as
approximately one quarter mile distance due-east of the Burns Road intersection
with Dent Road; thence leaving said true point, easterly, along Burns road in the
right-of way, to the eastern properties within LID No. 151.
1.4 The Capital Improvement Program (CIP) Manager caused an estimate to be made of
the cost and expense of the proposed improvements and certified that estimate to the City Council,
together with all papers and information in his possession touching the proposed improvement, a
description of the boundaries of the proposed local improvement district and a statement of what
portion of the cost and expense of the improvement should be borne by the property within the
proposed district. The Engineer’s estimate is accompanied by a diagram of the proposed
improvement showing thereon the lots, tracts, parcels of land, and other property which will be
specially benefited by the proposed improvement and the estimated cost and expense thereof to be
borne by each lot, tract and parcel of land or other property.
1.5 Due notice of the formation hearing was given in the manner provided by law, or such
notice was waived by property owners as needed. The formation hearing was held by the City
Council on the dates and at the time above-mentioned, and all objections to the proposed
improvement were duly considered by the City Council. All persons appearing at such hearing
and wishing to be heard were heard.
1.6 The City Council determines it to be in the best interests of the City that the
Improvement as herein described be carried out and that a local improvement district be created in
connection therewith.
Section 2. IMPROVEMENTS ORDERED. The City Council of the City of Pasco,
Washington (the “City”), orders the improvements to the properties within the area described in
Exhibit B, providing new sanitary sewer trunk infrastructure in the City’s Northwest Area
(collectively, the “improvements”). The Improvements shall be in accordance with the plans and
specifications therefor prepared by the CIP Manager, and may be modified by the City Council as
long as such modification does not affect the purpose of the Improvements. The Improvements
are hereby declared to be part of the system and plan of the City’s Water/Sewer Utility under
Chapter 13.10 of the Pasco Municipal Code.
Section 3. LID 151 CREATED. There is hereby created and established a local
improvement district to be called Local Improvement District No. 151 of the City of Pasco,
Washington (the “District”), the boundaries or territorial extent of the District being more
particularly described in Exhibit B attached hereto and by this reference incorporated herein.
Page 43 of 103
ORDINANCE - FG:53687688.2 –PAGE 3
Section 4. IMPROVEMENT COSTS ESTIMATED. The total current estimated cost
and expense of the Improvements is declared to be $6,880,000, of which an estimated $5,770,000
is to be assessed against the properties within the LID. The Cost and expense of the Improvements
shall be borne by and assessed against the property specially benefited by such Improvements
included in the District which embraces as nearly as practicable all property specially benefited by
such Improvements. The City reserves the right under RCW 35.44.020 to exclude costs and
expense of the Improvements from the cost and expense to be assessed against the property within
LID 151 and may pay from any other moneys available therefor if the City Council so designates
by ordinance at any time. The City presently identifies the following costs for payment by the
City: upsizing pipe for regional pipe diameters to accommodate the proposed Urban Growth Area
(UGA).
Section 5. ASSESSMENT METHODS. In accordance with the provisions of
RCW 35.44.047, the City may use any method or combination of methods to compute assessments
which may be deemed to more fairly reflect the special benefits to the properties being assessed
than the statutory method of assessing the properties. Actual assessments may vary from
assessment estimates so long as they do not exceed a figure equal to the increased true and fair
value the Improvements add to the property within the LID.
Section 6. INTERIM AND BOND FINANCING AUTHORIZED.
6.1 Local improvement district warrants may be issued in payment of the cost and
expense of the Improvements herein ordered to be assessed, such warrants to be paid out of the
Local Improvement Fund, District No. 151, hereinafter created and referred to as the Local
Improvement Fund, and, until the bonds referred to in this section are issued and delivered to the
purchaser thereof, to bear interest from the date thereof at a rate to be established hereafter by the
City’s Finance Manager, as issuing officer, and to be redeemed in cash and/or by local
improvement district bonds herein authorized to be issued, such interest-bearing warrants to be
hereafter referred to as “revenue warrants.” In the alternative, the City hereafter may provide by
ordinance for the issuance of other short-term obligations pursuant to chapter 39.50 RCW.
6.2 If the City shall authorize expenditures to be made for such Improvements (other
than for any cost or expense expected to be borne by the City) prior to the date that any short-term
obligations or local improvement district bonds are issued to finance the Improvements, from
proceeds of interfund loans or other funds that are not, and are not reasonably expected to be,
reserved, allocated on a long-term basis or otherwise set aside to pay the cost of the Improvements
herein ordered to be assessed against the property specially benefited thereby, the City declares its
official intent that those expenditures, to the extent not reimbursed with prepaid special benefit
assessments, are to be reimbursed from proceeds of short-term obligations or local improvement
district bonds that are expected to be issued for the Improvements in the estimated principal
amount of $6,880,000.
6.3 The City is authorized to issue local improvement district bonds for the District
which shall bear interest at a rate and be payable on or before a date to be hereafter fixed by
ordinance. The bonds shall be issued in exchange for and/or in redemption of any and all revenue
warrants issued hereunder or other short-term obligations hereafter authorized and not redeemed
Page 44 of 103
ORDINANCE - FG:53687688.2 –PAGE 4
in cash within twenty days after the expiration of the thirty-day period for the cash payment without
interest of assessments on the assessment roll for the District. The bonds shall be paid and
redeemed by the collection of special assessments to be levied and assessed against the property
within the District, payable in annual installments, with interest at a rate to be hereafter fixed by
ordinance under the mode of “payment by bonds,” as defined by law and the ordinances of the
City. The exact form, amount, date, interest rate and denominations of such bonds hereafter shall
be fixed by ordinance of the City Council. Such bonds shall be sold in such manner as the City
Council hereafter shall determine.
Section 7. CONSTRUCTION. In all cases where the work necessary to be done in
connection with the making of such Improvements is carried out pursuant to contract upon
competitive bids (and the City shall have and reserves the right to reject any and all bids), the call
for bids shall include a statement that payment for such work may be made in cash warrants drawn
upon the Local Improvement Fund or by check or other lawful instrument through the City LID
Construction Fund, LID 151 Account, for and on behalf of the District.
Section 8. LID FUND CREATED. The Local Improvement Fund for the District is
created and established in the office of the City Finance Manager. The proceeds from the sale of
revenue warrants or other short-term obligations drawn against the fund which may be issued and sold
by the City and the collections of special assessments, interest and penalties thereon shall be deposited
in the Local Improvement Fund. Cash warrants to the contractor or contractors in payment for the
work to be done by them in connection with the Improvements and cash warrants in payment for all
other items of expense in connection with the Improvements may be issued against the Local
Improvement Fund. Alternatively, payment to the contractor or contractors may be made through the
City LID Construction Fund, LID 151 Account, for and on behalf of the District.
Section 9. LID NOTICE. Within 15 days of the passage of this ordinance there shall
be filed with the City Clerk the title of the Improvements and District number, a copy of the
diagram or print showing the boundaries of the District and the preliminary assessment roll or
abstract of such roll showing thereon the lots, tracts and parcels of land that will be specially
benefited thereby and the estimated cost and expense of such Improvements to be borne by each
lot, tract or parcel of land. The City Clerk immediately shall post the proposed assessment roll
upon her index of local improvement assessments against the properties affected by the local
Improvements. The City may, but need not, give notice of the LID through other means, including
but not limited to recording of this ordinance.
Page 45 of 103
ORDINANCE - FG:53687688.2 –PAGE 5
PASSED by the City Council and APPROVED by the Mayor of the City of Pasco,
Washington, at a regular open public meeting thereof, this ______ day of March, 2020.
________________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________
Debra Barham, CMC
City Clerk
____________________________________
Kerr Ferguson Law, PLLC
City Attorney
Page 46 of 103
Exhibit A - 1
EXHIBIT A
LID No. 151 – Preliminary Alignment for the Northwest Area Trunk Sewer
The LID 151 Improvements includes the new design and construction of approximately 12,000 linear feet of trunk
sewer piping. Below is a figure that shows the preliminary sewer alignment.
Page 47 of 103
Exhibit B - 1
EXHIBIT B
LID No. 151 – Preliminary Assessment Roll for the Northwest Area Trunk Sewer
City of Pasco
Project No.:1800076 LID No.:151
Project Name:Northwest Area Sewer Date:February 27, 2020
PRELIMINARY ASSESSMENT ROLL
From Franklin County Assessor, Data Current as of February 27, 2020
Assessment Roll
No.Owner County
Parcel No.Situs Address Legal Description Flow Contribution
(MGD)
Frontage Length
(LF)
Estimated Assessment
(60% Flow, 40% Frontage)
1 Broadmoor Properties, LLC 115-210-022 10800 HARRIS RD, PASCO 99301
ALL FR 7-9-29 LESS EASEMENT & EXC PTN TO ST OF WA FOR SR I-82 (PARC EL 5-
04295) EXC TH PTN SE 7-9-29 LY SLY OF ST HWY 1-182 EXC E748.97' THEREOF AND
TH PTN S30' OF SE 7-9-29 LY ELY CTRLN FR COUNTY IRR DIST CANAL R/W LESS
TRACT 1 OF RS #1728137 AND EXC PTN FOR DENT (1725816)
1.79 6,200 3,621,697$
2 Rocky Hills Management, LP 126-160-010 3291 BURNS RD, PASCO 99301 FARM UNIT 84, IRR BLK 1 0.24 1,350 584,105$
3 Pasco School District No. 1 115-180-042 SHORT PLAT 2016-14 LOT 1 0.03 1,300 300,231$
4 Barker Testamentary Trust (49.5
Percent)115-180-073 7128 IRIS LN, PASCO 99301 FARM UNIT 99, IRR BLK 1 EXC PTN FOR CO RD R/W (1754579)0.37 1,350 757,720$
5 Alford Enterprises, LLC 115-180-055 N2SE4SE4 6-9-29 EXC PTN FOR CO RD R/W (1729792)0.05 450 162,121$
6 TSK 2019 LLC 115-180-065 LOT 1, SHORT PLAT 2019-9 0.02 130 53,807$
7 Big Sky Developers, LLC 115-180-066 10181 BURNS RD, PASCO 99301 LOT 2, SHORT PLAT 2019-9 0.04 450 145,159$
8 Wapiti Investments, LLC 115-180-067 10315 BURNS RD, PASCO 99301 LOT 3, SHORT PLAT 2019-9 0.04 450 145,159$
TOTALS 2.59 11,680 5,770,000$ Page 48 of 103
CERTIFICATION
I, the undersigned, City Clerk of the City of Pasco, Washington (the “City”), hereby certify
as follows:
1. The attached copy of Ordinance No. ____ (the “Ordinance”) is a full, true and
correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held
at the regular meeting place thereof on March 2, 2020, as that ordinance appears on the minute
book of the City; and the Ordinance will be in full force and effect five days after the publication
of its summary in the City’s official newspaper; and
2. A quorum of the members of the City Council was present throughout the meeting
and a majority of those members present voted in the proper manner for the passage of the
Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this day of ,
2020.
CITY OF PASCO, WASHINGTON
Debra Barham, CMC, City Clerk
Page 49 of 103
Pasco City Council Meeting
March 2, 2020
LID No. 151 -NW Area Trunk SewerPage 50 of 103
LID No. 151 -NW Area Trunk Sewer
Preliminary Alignment –Initial Version
•Prepared April 2019 by HLA Engineering
•LID assessment area:
•6 parcels/ownerships
•Approximately 900 acres
•Approximately 580 serviceable acres
•Conceptual Alignment:
•3 segments (as shown)
•Gravity sewer service
•Preliminary assessments based on a
combination (average) of:
•Serviceable acres
•Sewer main frontage
•Alignment considers upsizing for expansion to
the Urban Growth Area (UGA)Page 51 of 103
Page 52 of 103
LID No. 151 -NW Area Trunk Sewer
Preliminary Alignment –Current Version
•Prepared February 2020 by RH2 Engineering, Inc.
•LID assessment area:
•8 parcels/ownerships
•Approximately 900 acres
•Approximately 844 serviceable acres
•Conceptual Alignment:
•5 segments (as shown)
•Gravity sewer service
•Proposed connections (non-LID)
•Preliminary assessments based on a combination of:
•60% flow contribution
•40% sewer main frontage
•50% reduction of frontage calculation
applied to Property No. 2 and 5 given their
zone paralleling and near to a part of the
sewer frontage
•Alignment considers upsizing for expansion to the
Urban Growth Area (UGA)Page 53 of 103
LID No. 151 -NW Area Trunk Sewer
Map ID
No.Property Owner
Flow
Contribution
(MGD)
Frontage Length
(LF)
Proposed
Assessment
1 Broadmoor Properties, LLC 1.79 6,200 $ 3,621,697
2 Rocky Hills Management, LP 0.24 1,350 $ 584,105
3 Pasco School District No. 1 0.03 1,300 $ 300,231
4 Barker Testamentary Trust (49.5
Percent)0.37 1,350 $ 757,720
5 Alford Enterprises, LLC 0.05 450 $162,121
6 TSK 2019 LLC 0.02 130 $53,807
7 Big Sky Developers, LLC 0.04 450 $ 145,159
8 Wapiti Investments, LLC 0.04 450 $ 145,159
Total Proposed LID Cost $5,770,000
Page 54 of 103
LID No. 151 -NW Area Trunk Sewer
LID No. 151 Formation Schedule
December 9,2019 Workshop
January 6, 2020 Resolution No.3932 Declaring Intention to form LID
January 7, 2020 Mailed Notice of Hearing to Property Owners
January 19, 2020 Published LID Notice in newspaper (2 consecutive weeks)
February 3, 2020 Public Hearing on LID Formation (Continued to March 2, 2020)
February 4, 2020 1st Workshop Meeting with Property Owners
February 18, 2020 2nd Workshop Meeting with Property Owners
March 2, 2020 Adopt Ordinance Forming LID
March 3, 2020 Publish Ordinance Forming LID
March 3, 2020 30-Day Protest Period Begins
March 10, 2020 File Notice of LID Formation to County
April 3, 2020 Expiration of 30-Day Protest Period
April 6, 2020 Certification of Maximum Percentage of ProtestPage 55 of 103
NW Area Trunk Sewer LID
Page 56 of 103
Questions?Page 57 of 103
AGENDA REPORT
FOR: City Council February 27, 2020
TO: Dave Zabell, City Manager
Rick White, Director; C&ED
Regular Meeting: 3/2/20
FROM: Jeff Adams, Associate Planner
Community & Economic Development
SUBJECT: Q* Sandy Heights RV Park LLC Rezone (Z 2019-014)
I. REFERENCE(S):
Proposed Ordinance
Report to Hearing Examiner Dated: 02/12/2020
Hearing Examiner Recommendation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. _____, rezoning a parcel located at the
8200 Block of Chapel Hill Boulevard, from CR to C -1, and further, authorize
publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On February 12, 2020, the Hearing Examiner held a public hearing to consider a
request to rezone the western portion of a parcel comprising approximately five (5)
acres located at the 8200 Block of Chapel Hill Boulevard from CR (Regional
Commercial) to C-1 (Retail Business).
Following the conduct of the public hearing, the Hearing Examiner recommended
approval of the applicant's request for the rezone.
V. DISCUSSION:
Assuming approval of the rezone request, it would be the applicant's intent to expand
the existing recreational vehicle park located immediately east of the subject parcel.
Page 58 of 103
Expansion of the RV park will also require approval of a conditional use permit to
identify any unique conditions or mitigation measures pertinent to the proposed
expansion.
Page 59 of 103
Ordinance – Sandy Heights RV LLC Rezone - 1 of 2
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
REZONING A PARCEL LOCATED AT THE 8200 BLOCK OF CHAPEL HILL
BOULEVARD (APN #115 520 020), from CR to C-1.
WHEREAS, a complete and adequate petition for change of zoning classification has been
received and an open record hearing having been conducted by the Pasco Hearing Examiner upon
such petition; and
WHEREAS, that the effect of the requested change in zoning classification shall not be
materially detrimental to the immediate vicinity; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that:
(A) the requested change for the zoning classification is consistent with the intent of the adopted
Comprehensive Plan; (B) the requested change in zoning classification is consistent with or
promotes the goals and objectives of the Comprehensive Plan serving the general public interest
in the community; and (C) there has been a change in the neighborhood or community needs or
circumstances warranting the requested change of the zoning classification; and (D) the Hearing
Examiner developed findings which are hereby adopted by the City Council. NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning
Map, accompanying and being part of said Ordinance shall be and hereby is changed from CR
(Regional Commercial) to C-1 (Retail Business) for the real property as shown in the Exhibit “1”
attached hereto and described as follows:
A portion of Section 8, Township 9 North Range 29 East defined as follows: Lot 5,
Binding Site Plan 98-2 (the western part of Parcel # 115 520 020).
Page 60 of 103
Ordinance – Sandy Heights RV LLC Rezone - 2 of 2
Section 2. 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 March, 2020.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published _____________________
Page 61 of 103
Page 62 of 103
PUBLIC HEARING
City Hall – 525 North Third Avenue – Council Chambers
DATE: WEDNESDAY, February 12, 2020
6:00 PM
1
MASTER FILE #: Z 2019‐014
APPLICANT: Travis Lundquist/Sandy Heights RV Park LLC
8801 St. Thomas Drive
Pasco WA 99301
REQUEST: REZONE: Rezone the western portion of a parcel at the 8200
Block of Chapel Hill Boulevard from CR (Regional Commercial)
to C‐1 (Retail Business).
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: A portion of Section 8, Township 9 North Range 29 East defined as follows: Lot 5, Binding
Site Plan 98‐2 (the western part of Parcel # 115 520 020).
General Location: The 8200 Block of Chapel Hill Boulevard, Pasco WA 99301.
Property Size: Approximately 5 Acres (220,474.84 Square feet).
2. ACCESS: The parcel has access from Chapel Hill Boulevard, St. John Drive and St. Thomas Drive.
3. UTILITIES: Water service is available from Chapel Hill Boulevard, St. John Drive and St. Thomas
Drive; sewer service is available from St. Thomas Drive.
4. LAND USE AND ZONING: The lot is zoned CR (Regional Commercial) and is vacant. Surrounding
properties are zoned and developed as follows:
NORTH: CR Retail
EAST: C‐1 Sandy Heights RV Park
SOUTH: R‐1 SFDUs
WEST: CR Commercial
5. Comprehensive Plan: The Comprehensive Plan designates the site for Commercial. Goal LU‐1:
take deliberate, consistent, and continuous actions to improve the community’s quality of life and
achieve the vision; Policy LU‐1‐B: Enhance the physical appearance of development within the
community through land use regulations, design guidelines, and performance and maintenance
standards including landscaping, screening, building facades, color, signs, and parking lot design
and appearance. Goal LU‐2.: maintain established neighborhoods and ensure new neighborhoods
are safe and enjoyable places to live. Policy LU‐2‐D: Require all development to be landscaped
through the review and approval of permits using adopted regulations and guidelines. Policy LU‐
3‐B: Encourage infill and density including planned unit developments to, protect open space and
critical areas, and provide recreational areas and amenities in support of more intensive, walkable
neighborhoods. Policy LU‐3‐E: Designate areas for higher density residential development where
utilities and transportation facilities enable efficient use of capital resources. Policy LU‐4‐A: Locate
commercial facilities at major street intersections to avoid commercial sprawl and avoid
Page 63 of 103
2
disruptions of residential neighborhoods, and leverage major infrastructure availability. Goal H‐1:
encourage housing for all economic segments of the city’s population. Policy H‐1‐B: Encourage
the location of medium and high density housing in locations that will avoid the need for access
through lower density residential neighborhoods. Policy H‐1‐D: Avoid large concentrations of
high‐density housing. H‐2. GOAL: strive to maintain a variety of housing consistent with the local
and regional market. H‐2‐A Policy: Allow for a full range of residential environments including
single‐family homes, townhouses, condominiums, apartments, and manufactured housing. Policy
H‐4‐A: Encourage innovative techniques in the design of residential neighborhoods and mixed use
areas to provide character and variety in the community. Goal H‐5: support efforts to provide
affordable housing to meet the needs of low and moderate income households in the community.
Policy H‐5‐A: Residential neighborhoods and mixed‐use areas should exhibit a consistent level of
quality and appearance. Policy H‐5‐C: The city shall work with public and private sector developers
to ensure that lower income housing is developed on scattered sites and in such a manner that it
blends in with surrounding neighborhoods.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based
on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and
other information, a threshold determination resulting in a Mitigated Determination of Non‐
Significance (MDNS) was issued for this project on January 7, 2020 under WAC 197‐11‐158. The
MDNS calls for a traffic impact analysis (TIA) to determine the impacts of the additional vehicle
trips and the need for traffic mitigation measures will be required. Additional right‐of‐way at the
northeast corner of the intersection of Chapel Hill Boulevard and St John Drive is required to be
dedicated to allow larger vehicles to navigate the corner when heading westbound on Chapel Hill
Boulevard.
ANALYSIS
Request
Applicant is seeking to rezone the west portion of a parcel at the 8200 Block of Chapel Hill Boulevard from
CR (Regional Commercial) to C‐1 (Retail Business), in view of expanding an existing recreational vehicle
(RV) park. Since application submittal the site (Lot 5, Binding Site Plan 98‐2; formerly Parcel #115510018)
was combined with the adjacent lot to the east (Lot 4, Binding Site Plan 98‐2; Parcel #115520019)
containing the Sandy Heights RV Park to form parcel #115 520 020. Both sites are under the ownership of
Sandy Heights RV Park LLC.
Property Details
The lot is approximately 5 Acres (220,474.84 Square feet), and is vacant. Surrounding properties are zoned
and developed as follows: to the north: CR/Tacoma Screw and a Sandy Heights RV mini‐storage area; to
the east: C‐1/Sandy Heights RV Park; to the south: R‐1/SFDUs; and to the west: CR/vacant with Broadmoor
RV Leasing storage.
The Comprehensive Plan designates the property “Commercial,” which allows for "O," BP, C‐1, C‐2, C‐3,
or CR zoning. The Commercial designation is described as including “Neighborhood, community and
regional shopping and specialty centers, business parks, service and office uses.”
Page 64 of 103
3
History
The site was annexed into the City and assigned RT (Residential Transition) zoning in 1982 (Ordinance
2388). According to PMC 25.25.010, the RT district is intended to be applied or assigned to areas that are
essentially undeveloped, however, ultimately intended for suburban or urban residential use.
The area was rezoned in 1994 (Ordinance 3002) as a part of the “Broadmoor Business Park” from RT to
BP (Business Park), and from BP to C‐1 (Retail Business) in 1997 (Ordinance # 3207); subsequently from C‐
1 to CR (Regional Commercial) in 1991 (Ordinance #3381).
A Special Permit for an RV park was obtained for adjacent Lot #4 of parcel #115 520 020 and the site was
developed as an RV park in 1998 (MF #SP 1998‐002). Conditions established under Special Permit 1998‐
002 were as follows:
1) The Special Permit shall be personal to the applicant;
2) The RV Park shall be developed in accordance with the site plan and private operational
regulations submitted;
3) Only one freestanding sign shall be permitted on the property;
4) The 6‐foot solid fencing requirement of P.M.C. 22.69.060 does not include chain‐link or wire
fencing with slats;
5) The special permit shall be null and void if a valid City of Pasco Business License is not obtained
by December 31, 1999.
Applicant wishes to rezone the parcel from CR to C‐1 to allow for the expansion of the RV park use to Lot
#5 of the same parcel.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria
are listed below as follows:
1. The date the existing zone became effective:
The site was annexed and assigned RT (Residential Transition) zoning in 1982; then rezoned from RT to BP
in 1994; from BP to C‐1 in 1997; and finally from C‐1 to CR in 1991.
2. The changed conditions, which are alleged to warrant other or additional zoning:
The site has been vacant since annexation. Applicant is seeking to rezone Lot 5, Binding Site Plan 98‐2 of
the parcel located at the 8200 Block of Chapel Hill Boulevard from CR (Regional Commercial) to C‐1 (Retail
Business), in view of expanding an existing recreational vehicle (RV) park currently located on Lot 4, Binding
Site Plan 98‐2 located just to the east.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
The Comprehensive Plan designates the property ”Commercial,” which allows for "O," BP, C‐1, C‐2, C‐3, or
CR zoning. The Commercial designation is described as including “Neighborhood, community and regional
shopping and specialty centers, business parks, service and office uses.” RV Parks may be located in a C‐1
zoning district upon issuance of a Special Permit; the Special Permit review process allows the City to attach
conditions designed to mitigate possible impacts on the surrounding neighborhood. As well, RV Parks are
required to conform to landscape and screening criteria found in PMC 25.160.070(8).
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
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4
The general character of the neighborhood is commercial to the east, north and west and residential to
the south. The site is vacant and has been used as an RV storage yard until present. RV Parks may be
located in a C‐1 zoning district upon issuance of a Special Permit; the Special Permit review process allows
the City to attach conditions designed to mitigate possible impacts on the surrounding neighborhood. As
well, RV Parks are required to conform to landscape and screening criteria found in PMC 25.160.070(8).
5. The effect on the property owner or owners if the request is not granted:
If the property is not rezoned to C‐, the property may continue to be used as a vacant, graveled dry storage
lot.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The Hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri‐City Herald on January 24, 2020.
2. Applicant is seeking to rezone a parcel from CR (Regional Commercial) to C‐1 (Retail Business)
3. The parcel is located at the 8200 Block of Chapel Hill Boulevard.
4. Parcels 115510018 and 115520019 (Lots 5 & 4 respectively, of Binding Site Plan 98‐2) were
combined since receipt of the application. The new parcel number of the combined lots is 115
520 020.
5. Lots 4 & 5 are both under Sandy Heights RV Park LLC ownership.
6. Applicant wishes to expand an existing recreational vehicle (RV) park.
7. Lot 5 is approximately 5 Acres (220,474.84 Square feet)
8. Lot 5 is vacant.
9. Surrounding properties are zoned and developed as follows:
a. to the north: CR/Tacoma Screw and a Sandy Heights RV mini‐storage area;
b. to the east: C‐1/ Sandy Heights RV Park;
c. to the south: R‐1/SFDUs; and
d. to the west: CR/vacant with Broadmoor RV Leasing storage.
10. The Comprehensive Plan designates the property “Commercial,”
11. The Commercial Comprehensive Land Use designation allows for "O," BP, C‐1, C‐2, C‐3, or CR
zoning.
12. The Commercial designation is described as including “Neighborhood, community and regional
shopping and specialty centers, business parks, service and office uses.”
13. The site was annexed into the City in 1982 (Ordinance 2388).
14. The site was assigned RT (Residential Transition) zoning at the time of annexation in 1982
(Ordinance 2388).
15. According to PMC 25.25.010 the RT district is intended to be applied or assigned to areas that
are essentially undeveloped, however, ultimately intended for suburban or urban residential
use.
16. The parcel was rezoned from C‐1 to CR (Regional Commercial) in 1991 (Ordinance #3381).
17. The area was rezoned from RT to BP (Business Park) in 1994 (Ordinance 3002) as a part of the
“Broadmoor Business Park”.
18. The parcel was rezoned from BP to C‐1 (Retail Business) in 1997 (Ordinance # 3207).
19. A Special Permit was obtained in 1998 for an RV park for adjacent Lot #4 (MF #SP 1998‐002).
Page 66 of 103
5
20. Adjacent Lot #4 was developed as an RV park in 1998.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact
from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as
follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The proposal is in accordance with the Comprehensive plan; The Comprehensive Plan designates the
property ”Commercial,” which allows for "O," BP, C‐1, C‐2, C‐3, or CR zoning. The Commercial designation
is described as including “Neighborhood, community and regional shopping and specialty centers, business
parks, service and office uses.”
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The general character of the neighborhood is commercial to the east, north and west and residential to
the south. The site is vacant and has been used as an RV storage yard until present. RV Parks may be
located in a C‐1 zoning district upon issuance of a Special Permit; the Special Permit review process allows
the City to attach conditions designed to mitigate possible impacts on the surrounding neighborhood. As
well, RV Parks are required to conform to landscape and screening criteria found in PMC 25.160.070(8).
3. There is merit and value in the proposal for the community as a whole.
The general character of the neighborhood is commercial to the east, north and west and residential to
the south. The site is vacant and has been used as an RV storage yard until present. RV Parks may be
located in a C‐1 zoning district upon issuance of a Special Permit; the Special Permit review process allows
the City to attach conditions designed to mitigate possible impacts on the surrounding neighborhood. A
Special Permit for an RV park was obtained for adjacent Lot #4 of parcel #115 520 020 and the site was
developed as an RV park in 1998 (MF #SP 1998‐002). Conditions established under Special Permit 1998‐
002 were as follows:
1) The Special Permit shall be personal to the applicant;
2) The RV Park shall be developed in accordance with the site plan and private operational
regulations submitted;
3) Only one freestanding sign shall be permitted on the property;
4) The 6‐foot solid fencing requirement of P.M.C. 22.69.060 does not include chain‐link or wire
fencing with slats;
5) The special permit shall be null and void if a valid City of Pasco Business License is not obtained
by December 31, 1999.
As well, RV Parks are required to conform to landscape and screening criteria found in PMC 25.160.070(8).
Finally, the property lies within the I‐182 Overlay District, The purpose of the purpose of which” is to provide
additional development regulations to create aesthetically attractive buildings and commercial
development.” As such, the enhanced building and landscape standards in PMC 25.130 apply.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
The site is vacant and has been used as an RV storage yard until present. RV Parks may be located in a C‐
1 zoning district upon issuance of a Special Permit; the Special Permit review process allows the City to
attach conditions designed to mitigate possible impacts on the surrounding neighborhood. A Special
Page 67 of 103
6
Permit for an RV park was obtained for adjacent Lot #4 of parcel #115 520 020 and the site was developed
as an RV park in 1998 (MF #SP 1998‐002). Conditions established under Special Permit 1998‐002 were as
follows:
1) The Special Permit shall be personal to the applicant;
2) The RV Park shall be developed in accordance with the site plan and private operational
regulations submitted;
3) Only one freestanding sign shall be permitted on the property;
4) The 6‐foot solid fencing requirement of P.M.C. 22.69.060 does not include chain‐link or wire
fencing with slats;
5) The special permit shall be null and void if a valid City of Pasco Business License is not obtained
by December 31, 1999.
RV Parks are required to conform to landscape and screening criteria found in PMC 25.160.070(8). Also,
the property lies within the I‐182 Overlay District, The purpose of the purpose of which” is to provide
additional development regulations to create aesthetically attractive buildings and commercial
development.” As such, the enhanced building and landscape standards in PMC 25.130 apply.
As part of the SEPA Mitigated Determination of Non‐Significance (MDNS) issued by the City, traffic impact
analysis will be required to determine the impacts of the additional vehicle trips and the need for traffic
mitigation measures. Additional right‐of‐way at the northeast corner of the intersection of Chapel Hill
Boulevard and St John Drive is required to be dedicated to allow larger vehicles to navigate the corner
when heading westbound on Chapel Hill Boulevard. The SEPA MDNS conditions must be met; any
mitigation detailed in the TIA must be completed in conjunction with development.
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,
the terms and conditions of such an agreement.
RV Parks may be located in a C‐1 zoning district upon issuance of a Special Permit; the Special Permit
review process allows the City to attach conditions designed to mitigate possible impacts on the
surrounding neighborhood. As well, RV Parks are required to conform to landscape and screening criteria
found in PMC 25.160.070(8). As such, concomitant agreement would not be required in this circumstance.
RECOMMENDATION
Based on the Findings of Fact and Conclusions Staff recommends that Lot 5, Binding Site Plan 98‐2, be
rezoned from CR to C‐1, with the following conditions:
1) A traffic impact analysis shall be required to determine the impacts of the additional vehicle trips and
the need for traffic mitigation measures; and
2) Right‐of‐way shall be dedicated at the northeast corner of the intersection of Chapel Hill Boulevard
and St John Drive, as per City of Pasco Engineering Department requirements.
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186187188189190193194195207208204205206224226223222KAMP K-98-19-2019210227228229230231232233234235236209191192225203202201200199198197196211212213214215216217218219220221237238BUDDYSITESPage 74 of 103
Looking North
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Looking East Along St. Thomas
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Looking East Along Chapel Hill
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Looking South
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Looking West Along St Thomas
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Looking Directly West
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Looking West Along Chapel Hill
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Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
NOTICE OF APPLICATION/SEPA DETERMINATION
Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y
Económico de la Ciudad de Pasco a 509‐545‐3441.
Proposal: Pasco / Tri‐Cities KOA has submitted an application to rezone a 5‐acre parcel (Lot 5 of Parcel #115520020) immediately west
of the current KOA RV Park addressed 8801 St Thomas Drive from CR (Regional Business) to C‐1 (Retail Business) (MF# Z2019‐014) in
Pasco, Washington. The proposal is subject to regulations contained in the Pasco Municipal Code.
Public Comment Period: Written comments submitted to the Community Development Department by 5:00 p.m. on February 12,
2020 will be included in the Hearing Examiner’s meeting packet. You may also submit comments at the Hearing Examiner meeting
advertised below. If you have questions on the proposal, contact the Planning Division at (509) 545‐3441 or via e‐mail to:
adamsj@pasco‐wa.gov
Open Record Hearing: The Hearing Examiner will conduct an open record hearing at 6:00 p.m. on February 12, 2020 in the Council
Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington. The Hearing Examiner will consider public testimony concerning
the above application at this meeting.
Determination of Completeness: The application has been declared complete for the purpose of processing.
Environmental Documents and/or Studies Applicable to this Application: Environmental Determination No. SEPA2019‐061 has been
assigned to this proposal. The SEPA comment period ended on January 3, 2020. A Mitigated Determination of Non‐Significance was
issued for this proposal (WAC 197.11.355 optional DNS process). A traffic impact analysis to determine the impacts of the additional
vehicle trips and the need for traffic mitigation measures will be required. Additional right‐of‐way at the northeast corner of the
intersection of Chapel Hill Boulevard and St John Drive is required to be dedicated to allow larger vehicles to navigate the corner when
heading westbound on Chapel Hill Boulevard.
Project Permits Associated with this Proposal: No permits are currently associated with this proposal.
Preliminary Determination of Regulations Used for Project Mitigation: Title 25 (Zoning), regulations of the Pasco Municipal Code,
and the land use policies contained in the Pasco Comprehensive Plan.
Estimated Date of the Decision: The City Council is estimated to make a decision on the application on March 2, 2020.
To Receive Notification of the Environmental Determination: Contact the Pasco Planning Division at the address or telephone number
below.
Prepared 01/17/2020 by: Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545‐3441
The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be
excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment
at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least
ten days prior to the date of the meeting to make arrangements for special needs.
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City of Pasco Hearing Examiner Page 1 of 3
Recommendation, Lundquist Rezone Z 2019-014
CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION
Rezone Z 2019-014
Travis Lundquist/Sandy Heights RV Park LLC
February 26, 2020
_______________________________________________
1.FINDINGS OF FACT
1.1 Proposal. Request to rezone the western portion of a parcel (approximately 5
acres) from CR (Regional Commercial) zoning to C-1 (Retail Business).
1.2 Applicant and Location:
Applicant: Travis Lundquist/Sandy Heights RV Park LLC, 8801 St. Thomas Drive,
Pasco, WA 99301.
Location: 8200 block of Chapel Hill Boulevard, Pasco, WA 99301.
Legal Description: Originally, a portion of Section 8, Township 9 North Range 29 East
defined as follows: Lot 5, Binding Site Plan 98-2 (the western part of Parcel No. 115 520 020). At
the hearing, City of Pasco Community and Economic Development Department staff clarified that
the lot has since been combined with the eastern lot, Lot 4.
1.3 Site Use. Vacant.
1.4 Land Use Designations/Site and Surrounding Area. The Comprehensive Plan
designates the site for Commercial, which allows for O, BP, C-1 through C-3, and CR zoning.
Surrounding land uses include:
North: CR zoning with Tacoma Screw and a Sandy Heights RV mini-storage area;
East: C-1 zoning with Sandy Heights RV Park;
South: R-1 zoning with single family dwelling units; and,
West: CR zoning, vacant with Broadmoor RV Leasing storage
A rezone to C-1 would allow for expansion of an existing RV park by Special Permit, per
PMC 26.160.060(1) and PMC 25.200.080.
1.5 Evidence Reviewed. The Examiner reviewed the Staff Report, which attached
photographs of the site and area, application notice, and documented surrounding zoning. At
Examiner request, the Mitigated Determination of Significance (MDNS) was forwarded following
the hearing. The Examiner conducted a site visit before the hearing.
1.6 SEPA (State Environmental Policy Act, Ch. 43.21C RCW). The City issued an
MDNS, which requires a traffic impact analysis to determine the impacts of the additional vehicle
trips and the need for traffic mitigation measures. The analysis would be submitted with the
Special Permit application.
Page 84 of 103
City of Pasco Hearing Examiner Page 2 of 3
Recommendation, Lundquist Rezone Z 2019-014
Additional right-of-way at the northeast corner of the Chapel Hill Boulevard and St. John
Drive intersection is required to be dedicated to allow larger vehicles to navigate the corner when
heading westbound on Chapel Hill Boulevard. The MDNS was not appealed. SEPA review is
complete.
1.7 Hearing. A properly noticed hearing was held on February 12, 2020.1 The
Department identified key points from the Staff Report, and the Applicant, through Mr. Lundquist,
addressed Hearing Examiner questions. No person from the public indicated a wish to testify.
1.8 Public Comment/Written. None.
1.9 Utilities. Water is available from Chapel Hill Boulevard, St. John Drive, and St.
Thomas Drive; sewer service is available from St. Thomas Drive.
1.10 Access. The parcel has access from Chapel Hill Boulevard, St. John Drive, and St.
Thomas Drive.
1.11 Rezone Considerations. A rezone to C-1 implements the Comprehensive Plan,
and is in accord with its goals and policies, which provide for landscaped and attractively designed
commercial uses at this location. Plan objectives have been implemented through regulations
tailored to the expected site use. These regulations require Special Use permit review and include
requirements specific to RV-Parks, at Ch. 25.160 PMC.
The Special Use process allows for the attachment of conditions to the expected use. Also,
the site is within the I-182 Overlay District, which imposes additional requirements to ensure
projects are attractively designed, at Ch. 25.130 PMC. This is coupled with the landscaping and
screening requirements specific to RV-Parks, at PMC 25.160.070.
With these measures, a rezone to C-1 would allow for development consistent with Plan
objectives. The Staff Report provides further detail, including on the existing R-V Park’s
permitting history, and is incorporated.
2. CONCLUSIONS
The Examiner issues a rezone recommendation based on whether:
(a) The proposal is in accord with the goals and policies of the Comprehensive
Plan;
(b) The effect of the proposal on the immediate vicinity will be materially
detrimental;
(c) There is merit and value in the proposal for the community as a whole;
1 Public notice was mailed to property owners within 300 feet and published in the Tri-City Herald. PMC
25.210.040.
Page 85 of 103
( d)Conditions should be imposed in order to mitigate any significant adverse
impacts from the proposal;
( e)A concomitant agreement should be entered into between the City and the
petitioner, and if so, the terms and conditions of such an agreement.2
As the Findings detail, the rezone follows these criteria. The proposed zoning is consistent
with the Comprehensive Plan Land Use Map; the site is surrounded by R-1, CR, and C-1 zoning.
Surrounding uses include retail, single-family residences, and the existing RV-Park.
Conditions should be imposed consistent with the SEP A review, to address traffic impacts
and necessary infrastructure improvements, when the site is developed, and additional permit
applications are submitted. While a concomitant agreement could be used for this, it is
unnecessary, given the MDNS and upcoming Special Permit review process. With these
conditions, and code requirements, there is no material detriment to the area. The request would
result in significant improvements to the site and so provides merit and value to the community.
The requested rezone meets the City's rezone criteria.
RECOMMENDATION
The Hearing Examiner recommends approval of the rezone from CR to C-1 with these
conditions:
1.A traffic impact analysis shall be required to determine the impacts of the additional
vehicle trips and the need for traffic mitigation measures; and,
2.Right-of-way shall be dedicated at the northeast comer of the intersection of Chapel
Hill Boulevard and St. John Drive, as per City of Pasco Engineering Department requirements.
RECOMMENDATION entered February 26, 2020.
�·�=2 � ea�arniner
Susan Elizabeth Drummond
2 PMC 25.210.060; PMC 2.50.080; Staff Report, p. 4.
City of Pasco Hearing Examiner
Recommendation, Lundquist Rezone Z 2019-014
Page 3 of3
Page 86 of 103
AGENDA REPORT
FOR: City Council February 26, 2020
TO: Dave Zabell, City Manager Regular Meeting: 3/2/20
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: *Pasco Public Facilities District Charter Amendments
I. REFERENCE(S):
Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ______, amending the Charter of the Pasco
Public Facilities District, and further, authorize publication by summary only.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
As the result of recent changes in State law, specifically Revised Code of Washington
(RCW) Section 82.14.048(a), it is necessary to review and consider amending the
Public Facilities District Charter.
V. DISCUSSION:
The proposed amendments to the Charter, delineated in the attachment with strikeouts
and underlining, are as follows:
• Updated date to "March 2020"
• Article IV Purpose - the term "recreational facilities" is added
• Article IX, Section 9.3 - corrected scrivener's error by replacing
"Commissioner" with "Council"
The proposed housekeeping amendments will serve to better align the PFD Charter
with enabling State statues.
Page 87 of 103
Page 88 of 103
Ordinance Providing for the Amendment to the Charter of the PPFD - 1
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
PROVIDING FOR AMENDMENT TO THE CHARTER OF THE PASCO
PUBLIC FACILITIES DISTRICT AND PUBLISHING AS RESTATED
CHARTER
WHEREAS, Chapter 35.57 RCW (the “City PFD Act”) authorizes the City Council (the
“Council”) as the legislative authority of the City, to create a public facilities district coextensive
with the boundaries of the City for the purposes, among others, of acquiring, constructing,
operating, and financing one or more “Regional Centers” through cooperative and joint ventures
with one or more qualifying public facilities districts; and
WHEREAS, by adoption of Ordinance No. 3558 (effective July 29, 2002), the Pasco City
Council created the Pasco Public Facilities District and approved the Charter thereof; and
WHEREAS, House Bill 1499 amended Chapter 35.57 RCW to allow cities who have
created a public facilities district under RCW 35.57.010(1)(a) and that participated in the creation
of an additional public facilities district under RCW 35.57.010(1)(e), the authority to acquire,
construct, own, remodel, maintain, equip, re-equip, repair, finance, and operate one or more
recreational facilities other than a ski area; and
WHEREAS, in exercising that authority granted by House Bill 1499, the District is
authorized to seek voter approval to fund such recreational facilities pursuant to RCW
82.14.048(4)(a); and
WHEREAS, the public facilities district possesses all powers with respect to recreational
facilities other than a ski area that all public facilities districts possess with respect to regional
centers; and
WHEREAS, the City Council has determined that it is necessary to amend the Charter
with respect to the new authority granted to it under House Bill 1499. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Approval of Restated Charter. The Restated Charter of the Pasco Public
Facilities District is hereby approved in the form set forth in Appendix A. The Restated Charter
shall be issued in duplicate original, each bearing the City seal attested by the City Clerk. One
original shall be filed with the City; a duplicate original shall be provided to the District.
Section 2. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
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Ordinance Providing for the Amendment to the Charter of the PPFD - 2
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this ____ day of _______________, 2020.
_____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published: ____________________
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Restated Charter Pasco Public Facilities District, MarchJune 202018
Page 1
APPENDIX A
RESTATED CHARTER
(MARCH 2020JUNE 2018)
OF THE
PASCO PUBLIC FACILITIES DISTRICT
ARTICLE I
Name and Seal; Definitions
Section 1.1 Name. The name of this public facilities district shall be the PASCO
PUBLIC FACILITIES DISTRICT (hereinafter referred to as the “District”).
Section 1.2 Seal. The District’s seal shall be a circle with the name “PASCO PUBLIC
FACILITIES DISTRICT” inscribed therein.
Section 1.3 Definitions. All capitalized terms used but not defined herein shall have the
meanings set forth in City of Pasco Ordinance No. 3558, adopted on July 15, 2002 (the “Formation
Ordinance”).
ARTICLE II
Authority and Limit on Liability
Section 2.1 Authority. The District is a public facilities district organized pursuant to
RCW 35.57.010, and the Formation Ordinance.
Section 2.2 Limit on Liability. All liabilities incurred by the District shall be satisfied
exclusively from the assets, credit, and properties of the District, and no creditor or other person
shall have any right of action against or recourse to the City of Pasco (the “City”), its assets, credit,
or services, on account of any debts, obligations, liabilities or acts or omissions of the District.
Section 2.3 Mandatory Disclaimer. The following disclaimer shall be posted in a
prominent place where the public may readily see it in the District’s principal and other offices.
It shall also be printed or stamped on all contracts, notes, bonds, and other documents that
may entail any debt or liability by the District.
The PASCO PUBLIC FACILITIES DISTRICT is organized pursuant to RCW 35.57.010
and the City of Pasco Ordinance No. 3558 (the “Formation Ordinance”). The Formation Ordinance
provides as follows: “All liabilities incurred by the District shall be satisfied exclusively from the
assets, credit, and properties of the District, and no creditor or other person shall have any right of
action against or recourse to the City, its assets, credit, or services, on account of any debts,
obligations, liabilities or acts or omissions of the District.”
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Restated Charter Pasco Public Facilities District, MarchJune 202018
Page 2
ARTICLE III
Duration
The duration of the District shall be perpetual except as provided in the Formation
Ordinance.
ARTICLE IV
Purpose
The purpose of the District is to provide a legal entity under RCW 35.57.010 and the
Formation Ordinance to acquire, construct, own, remodel, maintain, equip, re-equip, repair,
finance, operate one or more Regional Centers or Recreational Facilities as defined by RCW
35.57.020 and/or to participate jointly, by interlocal agreement, in such activities with one or more
qualifying public facilities districts for the development of one or more Regional Centers together
with related parking facilities.
ARTICLE V
Powers
Section 5.1 Powers. The District shall have and may exercise all lawful powers
conferred by State law, the Formation Ordinance, this Charter and its Bylaws.
Section 5.2 Limitation of Powers. The District organized under this Charter in all
activities and transactions shall be limited in the following respects:
A. The District shall have no power of eminent domain;
B. The District may not incur or create any liability that permits recourse by any
person to any assets, services, resources, or credit of the City. All liabilities incurred by the District
shall be satisfied exclusively from the assets and credit of the District. No creditor or other person
shall have any recourse to the assets, credit, or services of the City on acc ount of any debts,
obligations, liabilities, acts, or omissions of the District;
C. All revenue, receipts, assets, or credit of the District shall be applied toward or
expended upon services, projects, and activities authorized by State law, the Formation Ordinance
and this Charter;
D. The District may contract with the City for all support staff and support services
and shall not employ staff or contract for professional services without express authority from the
Council; and
E. The District shall not impose any taxes under Chapters 35.57 RCW or 82.14 RCW
without prior approval of the City Council.
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Restated Charter Pasco Public Facilities District, MarchJune 202018
Page 3
ARTICLE VI
Board of Directors and Corporate Officers
Section 6.1 Powers. The Board shall govern the affairs of the District. All corporate
powers of the District shall be exercised by or under the authority of and the business, property
and affairs of the District shall be managed under the direction of the Board except as may be
otherwise provided in this Charter, the Formation Ordinance or State law.
Section 6.2 Board Composition. Pursuant to RCW 35.57.010 and the Formation
Ordinance, the Council has established that the Board has five members. The Council shall appoint
the members of the Board as follows: (i) two members appointed by the Council; and (ii) three
members appointed by the Council based on recommendations from local organizations. The
members appointed under (i) of this subsection shall not be members of the Council. The members
appointed under (ii) of this subsection, shall be based on recommendations received from local
organizations that may include, but are not limited to the local chamber of commerce, local
economic development council, and local labor council.
Except for certain of the initial Board members [as set forth in Section 6.3(A)], the
members shall serve four-year terms.
Section 6.3 Terms of Office.
A. The terms of office of the initially appointed members of the Board shall commence
on the date of their appointment and shall be staggered as follows. Of the initial members, one
must be appointed for a one-year term, one must be appointed for a two-year term, one must be
appointed for a three-year term, and the remainder must be appointed for four-year terms.
B. With respect to the appointments of the initial Board members, the Council shall
designate which members are assigned to the one-, two-, three- and four-year terms identified in
subsection 6.3(A) above for purposes of determining the length of terms of such initial Board
members.
C. The Council shall fill vacancies during and at the expiration of the term of Board
members in the same manner as initial appointments.
D. Except for the initial members of the Board, each member shall be appointed to
serve for a four-year term. Each member shall continue to serve until his or her successor has been
appointed and qualified.
E. Terms shall expire on the day prior to the anniversary date of the Charter of the
year in which the respective director is scheduled to terminate.
Section 6.4 Quorum and Manner of Action. At all meetings of the Board three directors
then in office shall constitute a quorum. The Board may adopt resolutions of the Board only by an
affirmative vote of a majority of the Board members then in office.
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Page 4
Section 6.5 Officers and Division of Duties.
A. The initial officers of the District shall be the President, Vice President and
Secretary/Treasurer of the Board. In no event shall there be less than two officers designated, nor
shall the same person occupy more than one office. Additional officers (permanent or ad hoc) and
temporary officers may be created by majority approval of the Board or amendments to this
Charter.
B. The President shall be the agent of the District for service of process; the Bylaws
may designate additional corporate officials as agents to receive or initiate process. The corporate
officers, who shall be selected from among the membership of the Board, shall manage the daily
affairs and operations of the District.
C. The Board shall oversee the activities of the corporate officers, establish and/or
implement policy, participate in corporate activity, and shall have stewardship for management
and determination of all corporate affairs consistent with this Charter.
Section 6.6 Executive Committee. An Executive Committee, which may be appointed
and/or removed by the Board, and shall have and exercise such authority of the Board between
meetings of the Board.
Section 6.7 Removal of Board Members. The Council may by resolution remove from
the Board for any reason, with or without cause, any member of the Board at a public meeting,
with prior notice to the District. In the event of removal, members shall be replaced in the same
manner as provided for in filling vacancies on the Board.
ARTICLE VII
Meetings
Section 7.1 Board Meetings.
A. The Board shall meet at least quarterly each year; special meetings of the Board
may be called as provided by the Charter, the Bylaws or RCW 42.30.010 et seq.
B. The Board shall be the governing body of a public agency as defined in RCW
42.30.020, and all meetings of the Board shall be held and conducted in accordance with RCW
42.30.010 et seq. Notice of meetings shall be given in a manner consistent with RCW 42.30.010
et seq. In addition, the District shall provide, where practicable, notice of meetings mailed at least
three days prior to the time of the meeting, to any individual specifically requesting it in writing.
C. All Board meetings, including all other permanent and ad hoc committee meetings,
shall be open to the public to the extent required by RCW 42.30.010 et seq. The Board and
committees may hold executive sessions to consider matters enumerated in RCW 42.30.010 et seq
or privileged matters recognized by law, and shall enter the cause therefor upon its official journal.
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At all public meetings, any citizen shall have a reasonable opportunity to address the Board either
orally or by written petition. Voting by proxy is not permitted.
Section 7.2 Parliamentary Authority. The rules in Robert’s Rules of Order (revised)
shall govern the District in all cases to which they are applicable, where they are not inconsistent
with the Charter or with the special rules of order of the District set forth in the Bylaws.
Section 7.3 Minutes. Copies of the minutes of all regular or special meetings of the
Board shall be available to any person or organization that requests them. The minutes of all Board
meetings shall include a record of individual votes on all matters requiring Board approval.
ARTICLE VIII
Procedural Requirements
Section 8.1 Board Review.
A. At least quarterly, the Board shall review monthly statements of income and
expenses, which compare budgeted expenditures to actual expenditures. The Board shall review
all such information at regular meetings, the minutes of which shall specifically note such reviews
and include such information.
B. General or particular authorization or review and concurrence of the Board by
resolution shall be necessary for any significant transaction including execution of any contract
for an amount more than $5,000, adoption of an annual budget, which such adoption shall occur
no later than December 1 of the year prior to the budget year, certification of reports and statements
to be filed with the City as true and correct in the opinion of the Board and of its members except
as noted, and proposed amendments to the Charter and Bylaws.
Section 8.2 Establishment and Maintenance of Office and Records. The District shall:
A. Maintain a principal office at a location within the boundaries of the City;
B. File and maintain with the City Clerk a current listing of all Board officials, their
positions and their home addresses, their business and home phone numbers (which information
is personal non-disclosable information), the address of the District’s principal office and of all
other offices used by it, and a current set of its Bylaws; and
C. Maintain all of its records in a manner consistent with the Preservation and
Destruction of Public Records Act, RCW Chapter 40.14.
Section 8.3 Access to Records.
A. The District shall keep an official journal containing the minutes of proceedings at
all regular and special meetings of the Board and the resolutions of the Board.
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Page 6
B. Any person shall have access to records and information of the District to the extent
allowed by State law.
Section 8.4 Deposit of Public Funds. All District monies shall be invested in
investments that would be lawful for the investment of City funds.
Section 8.5 Reports and Information. The District shall, within three months after the
end of its fiscal year, file an annual report with the City containing financial statements of assets
and liabilities, revenue and expenditures and changes in its financial position during the previous
year; a summary of significant accomplishments; a projected operating budget for the current fiscal
year; a summary of projects and activities to be undertaken during the current year; and a list of
District officials.
Section 8.6 Audits and Inspections. The District shall, at any time during normal
business hours and as often as the City Manager or his designee, the Council or the State Auditor
deem necessary, make available to the City Manager or his designee, the Council or the State
Auditor for examination all of its financial records. The District shall permit the City Manager or
his designee, the Council or State Auditor to audit, examine and make excerpts or transcripts from
such records, and to make audits of all records relating to all the aforesaid matters. The District
shall review with the City Manager within 45 days of receipt and take immediate corrective action
to address any audit findings or qualifications in its audit reports.
Section 8.7 Insurance. The District shall maintain in full force and effect public liability
insurance in an amount sufficient to cover potential claims for bodily injury, death or disability
and for property damage, which may arise from or be related to projects and activities of the
District, naming the City as an additional insured, if such insurance shall be available at a
reasonable price as determined by the Board. If insurance is not maintained, the District shall
maintain adequate reserves, as determined by the Board, to cover potential claims and losses.
Section 8.8 Bylaws.
A. Bylaws of the District may be adopted as the official rules for the governing of
meetings and the affairs of the District.
B. The Bylaws may be amended as provided in Article IX of this Charter and
consistent with the Formation Ordinance in order to provide additional or different rules for
governing the District and its activities as are not inconsistent with this Charter.
C. Amendments to the Bylaws shall be effective 10 days after filing with the City
Clerk, unless such amendment(s) shall have been passed by unanimous vote of the Board and an
earlier effective date shall have been set.
Section 8.9 Conflict of Interest.
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A. A Board member or employee of the District may not participate in Board decisions
if that person or a member of that person’s immediate family has a financial interest in the issue
being decided.
B. A Board member or employee is not considered to be financially interested in a
decision when the decision could not affect that person in a manner different from its effect on the
public.
C. No Board member or employee of the District shall accept, directly or indirectly,
any gift, favor, loan, retainer, entertainment or other thing of monetary value from any person,
firm or corporation having dealings with the District when such acceptance would conflict with
the performance of a Board member or employee’s official duties. A conflict, or possibility of
conflict, shall be deemed to exist where a reasonable and prudent person would believe that it was
given for the purpose of obtaining special considerations or influence.
D. The Board may adopt additional conflict of interest and ethical rules it considers
appropriate.
E. For purposes of this section, “participate in a decision” includes all discussions,
deliberations, preliminary negotiations, and votes.
Section 8.10 Discrimination.
A. Board membership may not directly or indirectly be based upon or limited by creed,
age, race, color, religion, sex, national origin, marital status or the presence of any sensory, mental
or physical disability, unless such limitations are necessary for the performance of the role and no
less discriminatory alternatives are available.
B. To ensure equality of employment opportunity, the District shall not discriminate
in any matter related to employment because of creed, age, race, color, religion, sex, national
origin, marital status or the presence of any sensory, mental or physical disability, unless such
limitations are necessary for the performance of the role and no less discriminatory alternatives
are available. The District shall, in all solicitations or advertisements for employees placed by or
on behalf of the District, state that all qualified applicants will receive consideration for
employment without regard to creed, age, race, color, religion, sex, national origin, marital status
or the presence of any sensory, mental or physical disability, unless such limitations are necessary
for the performance of the role and no less discriminatory alternatives are available.
ARTICLE IX
Amendments to Charter and Bylaws
Section 9.1 Proposals to Amend Charter.
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A. The District may propose to the Council that its Charter be amended by resolution
passed by a procedure outlined in its Bylaws at a regular or special meeting of the Board for which
30 days’ advance written notice was given.
B. When required by law, the District shall propose to the Council an amendment to
this Charter that will conform to and be consistent with said law.
C. As necessary and appropriate in the discretion of the Council, the Council may
propose to amend this Charter on its own initiative.
Section 9.2 Charter Amendments.
The Charter may be amended only with the approval of the Council. After adoption of a
Charter amendment, the revised Charter shall be issued and filed in the same manner as the original
Charter.
Section 9.3 Amendments to Bylaws.
The Bylaws of the District may be adopted or amended by a resolution passed by a majority
of the Board members in office at the time, provided amendments are consistent with the
Formation Ordinance and this Charter.
Bylaws shall be reviewed annually after the election of officers with recommendations, if
any, for amending the bylaws proposed by the Executive Committee of the District, if such
committee is established, otherwise by an ad hoc Bylaws Committee appointed by the Board
President. At any other time, any Board member may introduce necessary amendments to the
Bylaws to the Board for consideration. As provided in the Formation Ordinance, as necessary and
appropriate in the discretion of the Council, the Council may amend the Bylaws. Amendments to
the Bylaws adopted by the Council may not be further amended by the District for one year except
with Councilommissioner approval.
ARTICLE X
Commencement
The District shall commence its existence effective July 29, 2002.
ARTICLE XI
Dissolution
Section 11.1 Dissolution Process.
A. If the Board makes an affirmative finding that dissolution is necessary or
appropriate because the purposes of the District may not be fulfilled for any reason, the Board may
adopt a resolution requesting the Council to dissolve the District.
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Page 9
B. Upon adoption of a motion by the Council requesting the following information, or
upon adoption by the District board of a resolution requesting its own dissolution, the District shall
file a dissolution statement with the City Clerk setting forth:
1. The name and principal office of the District;
2. The debts, obligations and liabilities of the District, including conditions of
grants and donations, and the property and assets available to satisfy the same; the
provisions to be made for satisfaction of outstanding liabilities and performance of
executory contracts; and the estimated time for completion of its dissolution;
3. Any pending litigation or contingent liabilities;
4. The Board resolution requesting such dissolution and the date(s) and
proceedings leading toward its adoption, whenever the dissolution be voluntary; and
5. A list of persons to be notified upon completion of dissolution.
Section 11.2 Trusteeship.
A. Superior Court jurisdiction over dissolution arises in the event the dissolution
Ordinance enacted by the Council requests Superior Court trusteeship. In the event that the
dissolution Ordinance so requests Superior Court trusteeship, the Superior Court of Franklin
County shall have jurisdiction and authority to appoint trustees or receivers of corporate property
and assets and supervise such trusteeship or receivership.
B. The trustees appointed by the Superior Court shall take such actions as necessary
during the trusteeship to achieve the object thereof as reasonable. The trustees shall have the power
and authority to reorganize the District and recommend amendment of its Charter and/or its
Bylaws; suspend and/or remove District officials, and manage the assets and affairs of the District;
and exercise any and all District powers as necessary or appropriate to fulfill outstanding
agreements, to restore the capability of the District, to perform the functions and activities for
which it is chartered, to reinstate its credit or credibility with its creditors or obligees, and, if so
authorized by the Superior Court, to oversee its dissolution and appropriate subsequent
transactions.
ARTICLE XII
Approval of Restated Charter
APPROVED by Pasco City Council Ordinance No. ______ adopted on March, 2020.
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Restated Charter Pasco Public Facilities District, MarchJune 202018
Page 10
Saul Martinez, Mayor
ATTEST: APPROVED AS TO FORM ONLY:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 100 of 103
AGENDA REPORT
FOR: City Council February 11, 2020
TO: Dave Zabell, City Manager Regular Meeting: 3/2/20
FROM: Steve Worley, Director
Public Works
SUBJECT: *Pearl St. Lift Station Bid Award
I. REFERENCE(S):
Bid Tabulations
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to award the bid for construction of the Pearl Street Lift Station to
C&E Trenching, LLC, in the amount of $982,721.40 including Washington State Sales
Tax, and further authorize the City Manager to execute the contract documents.
III. FISCAL IMPACT:
$982,721.40 funded by the 2017 Sewer Bond.
IV. HISTORY AND FACTS BRIEF:
Consistent with the 2020-2025 Capital Improvement Plan (CIP) and adopted 2019-
2020 Biennial Budget, bids were solicited for the construction of the complete
replacement of the Pearl Street Lift Station, which is located near the intersection of
Pearl Street and 14th Avenue.
As previously discussed with Council, the existing lift station was constructed in 1958,
and was designed to convey flows from the surrounding sewer basin to the City’s
Wastewater Treatment Plant (WWTP). The facility has well exceeded its useful life
cycle, and is no linger capable of reliably meeting current or future needs.
Replacement of the facility this project will significantly improve the efficiency and
reliability of sewer service to the area as well as improve safety conditi ons and ease of
maintenance for staff maintaining the lift station.
V. DISCUSSION:
Page 101 of 103
As part of a competitive formal bidding process, bids for the project were received and
subsequently opened at 2:00 PM on February 21, 2020 at Pasco City Hall. A total of
three (3) sealed bids were received. The lowest responsive bidder was submitted by
C&E Trenching, LLC, in the amount of $982,721.40.
Staff has reviewed the bid submittal finding no exceptions or irregularities. The low
bid is within the budget appropriation. Accordingly, staff recommends award of the
contract to C&E Trenching, LLC, of Pasco, Washington in the amount of $982,721.40
including Washington State Sales Tax.
Page 102 of 103
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