HomeMy WebLinkAbout2020.09.08 Council Remote Meeting PacketRemote Regular Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
September 8, 2020
Page
1. REMOTE MEETING INSTRUCTIONS:
(a) Governor Inslee's Proclamation No. 20-28, made in response to the
COVID-19 emergency, prohibits members of the public from attending
City meetings in-person but requires agencies to provide options for the
public to participate in remotely. To best comply, the City asks all
members of the public that would like to comment regarding items on
the agenda to fill out a form via the City’s website (www.pasco-
wa.gov/publiccomment) to obtain access information to comment.
Requests to comment in meetings must be received by 4:00 p.m. on the
day of each meeting.
To listen to the meeting via phone, call (415) 655-0052 and use access
code 942-626-986.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER:
3. ROLL CALL:
(a) Pledge of Allegiance
4. 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.
6 - 13 (a) Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Remote Meeting held on
August 17, 2020, Remote Strategic Planning Retreat held on August 21 and
22, 2020 and Remote Workshop held on August 24, 2020.
Page 1 of 126
Remote Regular Meeting September 8, 2020
14 - 15 (b) Bills and Communications
To approve claims in the total amount of $5,407,087.49 ($3,027,897.84 in
Check Nos. 237208-237513; $727,265.25 in Electronic Transfer Nos.
829170-829189, 829195-829238, 829243-829265, 829292-829360, 829364-
829427, 829450-829451, 829458-829459; $18,145.86 in Check Nos. 53399-
53414; $1,630,411.68 in Electronic Transfer Nos. 30151136-30152168;
$3,366.86 in Electronic Transfer Nos. 703-704).
16 - 30 (c) Code Amendment: Hearing Examiner Duties (CA 2020-007)
MOTION: I move to adopt Ordinance No. 4496, relating to use of a
Hearing Examiner and Zoning amending PMC Sections 9.130.060
“Additional Exceptions – Application”; 21.10.020 “Terms Defined”;
23.10.060 “Additional Timing Considerations”; 25.145.060 “Setback
Requirement”; 25.165.060 “Caretaker’s Residence”; 25.165.120 “Hazardous
Waste”; 25.210.020 “Initiation of Amendments”; 25.210.030 “Requirements
for Zoning Petition”; 25.210.060 “Planning Commission – Findings and
Recommendations”; 25.210.070 “Appeal of Recommendation”; 25.210.080
“City Council Consideration”; 25.220.020 “Zoning”; and 29.35.00 “Roles
and Responsibilities”
31 - 32 (d) Code Enforcement Board Appointments
To confirm the Mayor's appointment of Duane Van Beek to Position No. 3
on the Code Enforcement Board with an unexpired term from September 8,
2020 to January 1, 2022.
33 - 35 (e) Historic Preservation Commission Reappointments
To confirm the Mayor's reappointments of Malin Bergstrom and Daniel
Stafford to Position Nos.1 & 2 respectively on the Historic Preservation
Commission with terms from August 1, 2020 to August 1, 2023.
36 - 38 (f) Parks & Recreation Advisory Board Reappointments/Appointments
To confirm the Mayor's reappointments of Nolvia Salinas and Thomas
Davenport to Position Nos.1 & 2 respectively and the appointment of Julie
Ann Campos to Position No. 3 on the Parks & Recreation Advisory Board,
with Position Nos. 1 & 2 terms from February 2, 2020 to February 2, 2023
and Position No. 3 term from September 8, 2020 to February 2, 2021.
39 - 40 (g) Planning Commission Appointments
To confirm the Mayor's appointments of Ty Jennings, Rachel Teel and Jay
Hendler to Position Nos.4, 7 & 8 respectively on the Planning Commission,
with Position No. 4 term from September 8, 2020 to February 2, 2024 and
Position Nos. 7 & 8 terms from September 8, 2020 to February 2, 2026.
Page 2 of 126
Remote Regular Meeting September 8, 2020
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS:
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
41 - 53 (a) Street Vacation: Vacating a Portion of E Pueblo Street (MF# VAC2019-
006)
CONDUCT CONTINUED PUBLIC HEARING
MOTION: I move, based on the anticipated creation of a landlocked parcel,
that the proposed vacation for a portion of E. Pueblo Street under Master
File VAC 2019-006 be denied.
Should the City Council decide to pursue approval of the vacation request,
staff recommends continuing the hearing to a later date in order to give staff
and the applicant the opportunity to revise the request and provide applicable
public notice.
If Council elects to continue the hearing to a later date, the following
Alternative Motion should be used:
ALTERNATIVE MOTION: I move to continue the hearing on the Pueblo
Street Vacation request to November 2, 2020.
54 - 66 (b) J&J Kelly Construction Annexation (MF# ANX 2020-002)
CONDUCT A PUBLIC MEETING
MOTION: I move to approve Resolution No. 3980, accepting a notice of
intent to commence annexation proceedings for the J&J Kelly Construction
annexation, providing a determination on the boundary to be annexed, and
whether simultaneous zoning and the assumption of bonded indebtedness
will be required.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
67 - 74 (a) *Setting Public Hearing for Street Vacation: Vacating the Remainder of
E. Duluth Street (MF# VAC2020-004)
Page 3 of 126
Remote Regular Meeting September 8, 2020
MOTION: I move to approve Resolution No.3981, setting 7:00 P.M.,
Monday, October 5, 2020 as the time and date to conduct a public hearing to
consider vacating E. Duluth Street within Blocks 6 and 7 of Frey's Addition
to the west right-of-way line of N. Utah Avenue.
75 - 93 (b) *Resolution - Amendment to Interlocal Agreement with Port of Pasco
for Argent Road
MOTION: I move to approve Resolution No. 3982, authorizing execution
of the Amendment to the Interlocal Agreement between the City and Port of
Pasco for the Argent Road Project and further, authorize the City Manager to
execute the Amendment.
9. UNFINISHED BUSINESS:
10. NEW BUSINESS:
94 - 118 (a) *Professional Services Agreement - Schlagel Park/Pasco Boat Basin
MOTION: I move to approve the Professional Services Agreement for
project design services for the Schlagel Park/Pasco Boat Basin Project with
MacKay Sposito in the amount of $311,546.48 and further, authorize the
City Manager to execute the Professional Services Agreement.
119 - 126 (b) *Inclusion, Equity and Diversity Commission Chairperson Selection
Motion: I move to confirm Jeffrey Robinson as the chairperson for the
Inclusion, Diversity & Equity Commission.
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:
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
Page 4 of 126
Remote Regular Meeting September 8, 2020
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 availability.)
Page 5 of 126
AGENDA REPORT
FOR: City Council September 2, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
9/8/20
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Approval of Meeting Minutes
I. REFERENCE(S):
08.17.2020, 08.21-22.20 & 08.24.2020 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Remote Meeting held on August 17,
2020, Remote Strategic Planning Retreat held on August 21 and 22, 2020 and Remote
Workshop held on August 24, 2020.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 6 of 126
REMOTE REGULAR
MEETING
MINUTES
PASCO CITY COUNCIL AUGUST 17, 2020
REMOTE MEETING INSTRUCTIONS:
Governor Inslee's Proclamation No. 20-28.8, made in response to the COVID-
19 emergency, continued to prohibit members of the public from attending City
meetings in-person but required agencies to provide options for the public to
participate in remotely. To best comply, the City asked all members of the
public that would like to comment regarding items on the agenda to fill out a
form via the City’s website (www.pasco-wa.gov/publiccomment). As of 4:00
p.m. on Monday, August 3, 2020, eleven (11) requests to speak were received.
CALL TO ORDER:
The meeting was called to order at 7:00 PM by Saul Martinez, Mayor.
ROLL CALL:
Councilmembers present: Blanche Barajas (virtual), Craig Maloney (virtual),
Saul Martinez (in-person), David Milne (virtual), Zahra Roach (virtual), and
Pete Serrano (virtual).
Staff present: Dave Zabell, City Manager (in-person); Colleen Chapin, Human
Resources Director (virtual); Craig Briggs, Acting City Attorney (virtual); Bob
Gear, Fire Chief (virtual); Zach Ratkai, Administrative & Community Services
Director (virtual); Ken Roske, Police Chief (virtual); Richa Sigdel, Finance
Director (in-person); Rick White, Community & Economic Development
Director (virtual); Steve Worley, Public Works Director (virtual); and Debby
Barham, City Clerk (in-person).
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Remote Meeting held on
August 3, 2020 and Remote Workshop held on August 10, 2020.
Bills and Communications
To approve claims in the total amount of $4,836,849.73 ($2,940,039.70 in
Check Nos. 236979-237207; $995,088.86 in Electronic Transfer Nos. 829268,
829270, 829279-829280, 829285-829291, 829361-829363; $10,709.54 in
Check Nos. 53388-53398; $886,739.95 in Electronic Transfer Nos. 30150618-
30151135; $4,271.68 in Electronic Transfer Nos. 695-699).
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
$140,813.32 and, of that amount, authorize $0.00 to be turned over for
collection.
2021 Community Development Block Grant (CDBG) Annual Work Plan
and Allocations (MF# BGAP 2020-003)
To approve Resolution No. 3977, approving the Program Year 2021
Community Development Block Grant Allocations and Annual Work Plan.
Page 1 of 3 Page 7 of 126
REMOTE REGULAR
MEETING
MINUTES
PASCO CITY COUNCIL AUGUST 17, 2020
2021 HOME Annual Work Plan and Allocation (MF# BGAP 2020-004)
To approve Resolution No. 3978, approving Federal 2021 HOME Annual
Work Plan and Allocation.
(RC) MOTION: Mayor Pro Tem Barajas moved to approve the Consent
Agenda as read. Mr. Maloney seconded. Motion carried unanimously by Roll
Call vote.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Verbal Reports from Councilmembers
Mr. Alvarado commented on a recent meeting he attended with the Ben
Franklin Transit Board.
Mayor Martinez commented on last week's COVID-19 mitigation meetings
with community leaders. Mayor Martinez noted that the leaders continue to find
ways for the community to reduce the coronavirus cases and to reopen
businesses. Mayor Martinez also thanked the Council Subcommittees for
meeting recently to review the applications submitted over the past several
months and have selected candidates to interview for four (4) of the City's
boards & commissions vacant positions.
General Fund Monthly Report - July 2020
Ms. Sigdel highlighted the contents of the July 2020 General Fund Report.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Capital Improvement Plan (CIP) 2021-2026
Ms. Sigdel noted the one change from the materials provided during last week's
Council Workshop.
Mr. Zabell thanked staff for preparing the Capital Improvement Plan and to
Council for their consideration of approving the plan.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 3979,
approving the Capital Improvement Plan for calendar years 2021-2026. Ms.
Roach seconded. Motion carried unanimously.
NEW BUSINESS:
Biennial City Council Retreat
Mr. Zabell provided an introduction of the upcoming Biennial City Council
Strategic Planning Retreat scheduled for Friday, August 21 and Saturday,
August 22, 2020.
Mr. Zabell noted that Council's Biennial Goals are needed to develop the
Biennial City Budget for 2020-2021. Mr. Zabell commented on challenges of
the upcoming retreat due to the COVID-19 crisis and the Governor's orders
prohibiting in-person meetings and this year's retreat will be a virtual meeting
via GoToMeeting. Mr. Zabell read the agenda for the two-day retreat.
Mayor Martinez called on the following virtual audience members to speak to
Council on topics that may be discussed during their retreat:
1. Naima Chambers-Smith
2. Irving Brown
3. Elouise Sparks
Page 2 of 3 Page 8 of 126
REMOTE REGULAR
MEETING
MINUTES
PASCO CITY COUNCIL AUGUST 17, 2020
4. Aaron Beasley
5. Leonard Moore
6. Reka Robinson
7. Jaime Torres
Council discussion ensued regarding the upcoming retreat and included: the
concern of holding the retreat virtually instead of in-person; the possibility of
moving the retreat outside of Pasco or delaying it; as well as, the need to set
Council's goals timely so that staff may move forward with planning and
budgeting. After adjusting the retreat itinerary and shortening the retreat hours,
Council agreed to meet virtually on August 21 and 22 to develop the 2020-2021
Council goals.
ADJOURNMENT:
There being no further business the meeting was adjourned 8:00 PM.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 3 of 3 Page 9 of 126
REMOTE 2020
BIENNIAL RETREAT
MINUTES
PASCO CITY COUNCIL AUGUST 21 & 22, 2020
REMOTE MEETING INSTRUCTIONS:
Call-in information to for the public to attend the Retreat was available through
GoToWebinar for "listen-only" mode.
CALL TO ORDER:
The remote 2020 Biennial Council Retreat was called to order at 5:30 PM by
Saul Martinez, Mayor.
ROLL CALL:
Councilmembers present virtually: Ruben Alvarado, Blanche Barajas, Craig
Maloney, Saul Martinez, David Milne, Zahra Roach and Pete Serrano.
Staff present virtually: Dave Zabell, City Manager; Bob Gear, Fire Chief; Zach
Ratkai, Administrative & Community Services Director; Ken Roske, Police
Chief; Richa Sigdel, Finance Director; Rick White, Community & Economic
Development Director; and Steve Worley, Public Works Director.
2020 COUNCIL RETREAT:
The Pasco City Council, City Manager Zabell and Executive Leadership Team
met on Friday, August 21 and Saturday, August 22 and first participated in a two-
hour training entitled "Governing with a Culturally Competent Lens," facilitated
by Greg Taylor with Community Connection Consulting.
Council and Mr. Zabell then discussed the accomplishments and progress of the
2018-2019 Council Goals.
The retreat adjourned at 9:00 PM and reconvened at 8:00 AM on August 22.
Council and staff first discussed City department proposals and then with the help
of facilitator Dave Mercier discussion and review of the goal process ensued. The
discussion continued with proposed items that Council may determine to include
in their 2020-2021 Council Strategic Plan.
Staff collected Council's comments and will start a draft of the discussed goals,
which will be presented at a future Council meeting for final consideration of the
2020-2021 Council Strategic Plan
ADJOURNMENT:
There being no further business, the Retreat adjourned at 1:38 PM.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 1 of 1 Page 10 of 126
REMOTE
WORKSHOP
MEETING
MINUTES
PASCO CITY COUNCIL AUGUST 24, 2020
REMOTE WORKSHOP INSTRUCTIONS:
The Pasco City Council Workshop was broadcast live on PSC-TV Channel 191
on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-
wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco. Call-in information to GoToWebinar for
"listen-only" mode was also made available.
CALL TO ORDER:
The meeting was called to order at 7:00 PM by Saul Martinez, Mayor.
ROLL CALL:
Councilmembers present: Ruben Alvarado (virtual), Blanche Barajas (virtual),
Craig Maloney (virtual), Saul Martinez (in-person), David Milne (virtual),
Zahra Roach (virtual) and Pete Serrano (virtual).
Staff present: Dave Zabell, City Manager (in-person); Craig Briggs, Acting
City Attorney (virtual); Colleen Chapin, Human Resources Director (virtual);
Bob Gear, Fire Chief (virtual); Zach Ratkai, Administrative & Community
Services Director (virtual); Ken Roske, Police Chief (virtual); Richa Sigdel,
Finance Director (in-person); Rick White, Community & Economic
Development Director (virtual); Steve Worley, Public Works Director (virtual);
and Debby Barham, City Clerk (in-person).
The meeting was opened with the Pledge of Allegiance.
VERBAL REPORTS FROM COUNCILMEMBERS:
Mayor Martinez thanked Councilmembers Roach and Serrano for their
participation with interviewing candidates for vacant positions on the Planning
Commission and the Parks & Recreation Advisory Board. Mayor Martinez also
expressed appreciation to all the applicants for their willingness to participate
on a City Board or Commission.
Mayor Martinez and Mr. Maloney commented on the Council Strategic
Planning Retreat held on August 21 and 22.
Mr. Milne commented on the Downtown Pasco Development Authority
(DPDA) Board meeting he recently attended.
ITEMS FOR DISCUSSION:
AskPasco - Community Engagement Tool
Mr. Zabell introduced the "AskPasco" Community Engagement application
available on ios and android systems.
Ms. Sigdel provided a brief demonstration of the application showing how it
will work once it is launched to the public and noted that it will replace several
disconnected systems into one centralized program thus providing enhanced
customer service with the City's residents and corporate citizens.
Council and staff briefly discussed the program's merits.
Page 1 of 3 Page 11 of 126
REMOTE
WORKSHOP
MEETING
MINUTES
PASCO CITY COUNCIL AUGUST 24, 2020
Code Amendment: Hearing Examiner Duties (CA 2020-007)
Mr. White explained the need to update other sections within the Pasco
Municipal Code related to the Hearing Examiner's duties and those changes are
considered housekeeping updates.
J&J Kelly Construction Annexation (MF# ANX 2020-002)
Mr. White explained the intent to petition an annexation and the next steps that
will be brought forward to Council over a series of meetings.
Mr. Maloney asked for the zoning designation of the proposed annexation. Mr.
White stated that the density of the proposed property development has
doubled. Chief Gear also commented that the infill development such as
depicted in the proposed annexation will help with the Fire Department retain
its current Fire Stations configurations.
Lucas Automated CPR Machines
Fire Chief Gear explained the need for the four new Lucas Automated CPR
machines, one-unit for each ambulance at each Fire Station.
Council and staff further discussed the proposed purchase of the automated
CPR machines and the potential of saving more lives, as well as the backup
plan if a machine malfunctions and the replacement costs for the units.
Assistance to Firefighters Grant (AFG) for Self Contained Breathing
Apparatus (SCBA) Replacement
Fire Chief Gear stated that the City successfully received a grant for the
purchase of a series of Self Contained Breathing Apparatus (SCBA)
replacement. The grant requires matching funds by the City.
Council and staff had a brief question and answer period regarding the old
SCBA equipment.
Process Water Reuse Facility Pretreatment Update
Mr. Worley provided a report on the status of the Process Water Reuse Facility
(PWRF) pretreatment update including the status of the related projects
including:
• Review of the Current Operation
• Pretreatment Update
• 2020 Farm Operation Report
• Value Engineering Study Results
• PWRF Business Model & Pretreatment Options
- Option 1 - LRAD
- Option 2 - DAF
- Option 3 - Facility Plan (No longer feasible)
- Option 4 - Increase Land Treatment System
- Option 5 - Inrigo Water Treatment & Biogas Plants
Council and staff discussed the possibilities of the four viable options presented
as well as the concerns regarding the costs involved in the most innovative
option treating the water completely.
MISCELLANEOUS COUNCIL DISCUSSION:
Mayor Martinez announced the the Pasco City Television (PSC-TV) won two
"Awards of Honor" for Category 13 - Election Coverage of the Pasco Candidate
Page 2 of 3 Page 12 of 126
REMOTE
WORKSHOP
MEETING
MINUTES
PASCO CITY COUNCIL AUGUST 24, 2020
Forum on October 8, 2019 and Category 62 - overall Excellence with an
operating budget up to $250,000 for programming. The PSC-TV is a finalist for
its meeting coverage for the Pasco City Council in the Government
Programming Awards (GPAs) by the National Association of
Telecommunication Officers and Advisors. Mayor Martinez congratulated
Communications Program Manager Jon Funfar for his work with PSC-TV, for
winning the awards and noted that Mr. Funfar is an asset to the City of Pasco.
Mr.Serrano commented on a "Back The Blue" event he attended along Road 68
on Saturday afternoon, August 22, 2020. He presented a letter attached to a
poster board with approximately ninety signatures to the Pasco Police
Department from the people of Pasco's Back The Blue Rally.
Mr. Zabell thanked Council for participating in the biennial strategic planning
retreat, especially since it was a ten-plus (10+) hours of virtual dialog.
Mayor Pro Tem Barajas announced that the Pasco Police Foundation has
collectible matchbox cars for sale and the proceeds will go to the Pasco Police
Foundation to support the Hero's and Back The Blue events.
Ms. Roach noted that she received emails from the group requesting the breed
specific language within the Pasco Municipal Code, Title 6: Animal Control, be
removed and asked that Council consider their request.
ADJOURNMENT:
There being no further business, the workshop was adjourned at 9:02 PM.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 3 of 3 Page 13 of 126
AGENDA REPORT
FOR: City Council September 3, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
9/8/20
FROM: Darcy Buckley, Financial Services Manager
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 09.08.20
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $5,407,087.49 ($3,027,897.84 in Check Nos.
237208-237513; $727,265.25 in Electronic Transfer Nos. 829170-829189, 829195-
829238, 829243-829265, 829292-829360, 829364-829427, 829450-829451, 829458-
829459; $18,145.86 in Check Nos. 53399-53414; $1,630,411.68 in Electronic Transfer
Nos. 30151136-30152168; $3,366.86 in Electronic Transfer Nos. 703-704).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 14 of 126
REPORTING PERIOD:
September 8, 2020
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 237208-237513 53399-53414
Total Check Amount $3,027,897.84 $18,145.86 Total Checks 3,046,043.70$
Electronic Transfer Numbers 829170-829189 30151136-30152168 703-704
829195-829238
829243-829265
829292-829360
829364-829427
829450-829451
829458-829459
Total EFT Amount $727,265.25 $1,630,411.68 $3,366.86 $0.00 Total EFTs 2,361,043.79$
Grand Total 5,407,087.49$
Councilmember
888,824.53
59,120.32
56,786.58
0.00
262.07
41,094.78
7,783.73
420.00
65,757.50
357.17
799.84
506.87
2,635.84
14,583.33
0.00
282,028.91
0.00
HOTEL/MOTEL EXCISE TAX 12,714.03
0.00
82,823.21
1,567,427.53
70,071.91
6,690.67
6,750.24
2,239,648.43
GRAND TOTAL ALL FUNDS:5,407,087.49$
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
PAYROLL CLEARING
EQUIPMENT RENTAL - OPERATING BUSINESS
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
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 Darcy Buckley, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
8th day of Sepember, 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
The City Council
August 13 - September 2, 2020
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
Page 15 of 126
AGENDA REPORT
FOR: City Council August 26, 2020
TO: Dave Zabell, City Manager
Rick White, Director, C&ED
Remote Regular Meeting:
9/8/20
FROM: Jeff Adams, Associate Planner
Community & Economic Development
SUBJECT: Code Amendment: Hearing Examiner Duties (CA 2020-007)
I. REFERENCE(S):
Ordinance - PMC Amendments Related to Hearing Examiner Duties
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ____, relating to use of a Hearing Examiner
and Exceptions “Additional 9.130.060 Zoning PMC amending Sections –
Application”; 21.10.020 “Terms Defined”; 23.10.060 “Additional Timing
“Caretaker’s Requirement”; 25.165.060 25.145.060 “Setback Considerations”;
Residence”; 25.165.120 “Hazardous Waste”; 25.210.020 “Initiation of Amendments”;
25.210.030 “Requirements for Zoning Petition”; 25.210.060 “Planning Commission –
Findings and Recommendations”; 25.210.070 “Appeal of Recommendation”;
25.210.080 “City Council Consideration”; 25.220.020 “Zoning”; and 29.35.00 “Roles
and Responsibilities”
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In 2019, the City Council adopted Ordinance No. 4431, expanding hearing examiner
powers on land use decisions, conduct of hearings and recommendations for City
Council consideration, hear appeals, and take any other action authorized by the Pasco
Municipal Code (PMC).
Several existing PMC sections incorrectly specify or reference the Planning
Commission as the entity involved in certain land use actions now delegated to the
Hearing Examiner. The attached draft housekeeping ordinance addresses these deficits.
Staff presented this item to Council at the August 24, 2020 Workshop.
Page 16 of 126
V. DISCUSSION:
The revisions contained in Ordinance No. 4431, were enacted because use of a hearing
examiner system is advantageous in the application of land use law and project
permitting. Use of a hearing examiner system also reduces the City’s liability exposure
and allows the Planning Commission to focus on policy issues.
The proposed housekeeping revisions are minor and are consistent with the intent of
the original hearing examiner Ordinance No. 4431.
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ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, RELATING TO USE OF A HEARING EXAMINER AND
ZONING AMENDING PMC SECTIONS 9.130.060 “ADDITIONAL
EXCEPTIONS – APPLICATION”; 21.10.020 “TERMS DEFINED”; 23.10.060
“ADDITIONAL TIMING CONSIDERATIONS”; 25.145.060 “SETBACK
REQUIREMENT”; 25.165.060 “CARETAKER’S RESIDENCE”; 25.165.120
“HAZARDOUS WASTE”; 25.210.020 “INITIATION OF AMENDMENTS”;
25.210.030 “REQUIREMENTS FOR ZONING PETITION”; 25.210.060
“PLANNING COMMISSION – FINDINGS AND RECOMMENDATIONS”;
25.210.070 “APPEAL OF RECOMMENDATION”; 25.210.080 “CITY
COUNCIL CONSIDERATION”; 25.220.020 “ZONING”; AND 29.35.00
“ROLES AND RESPONSIBILITIES”.
WHEREAS, cities have the responsibility to regulate and control the physical
development within their borders and to ensure public health, safety and welfare are maintained;
and
WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and
development; and
WHEREAS, over time, regulations and case law have evolved to produce a complicated
administration process related to the Pasco Municipal Code; and
WHEREAS, use of politically appointed or elected officials to make quasi-judicial land
use decisions has become the source of legal challenges and the source of liability, and has
resulted in a much more complicated land use environment; and
WHEREAS, use of the hearing examiner system for such land use decisions has given
cities an advantageous alternative to handling quasi-judicial decisions involving land use
regulations; and
WHEREAS, a hearing examiner is a specifically trained individual that is experienced in
the knowledge and application of land use law and project permitting; and
WHEREAS, use of a hearing examiner system can reduce the liability exposure of the
City and allow the City Council and Planning Commission to concentrate on policy decisions and
land use regulations that would then be implemented in and enforced through hearing examiner
decisions; and
WHEREAS, in 2019 the City Council passed Ordinance 4431, which expanded powers of
the hearing examiner found in Pasco Municipal Code (PMC) Section 2.50.080 to (1) render land
use decisions including preliminary plats, special and conditional use permits, planned density
developments, recreational vehicle parks, and wineries; (2) conduct hearings and prepare
recommendations for City Council consideration of rezone and planned unit development
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applications; (3) hear appeals of a right-of-way use permit, construction permit, or the renewal or
conditioning thereof; and (4) take any other action authorized by ordinance; and
WHEREAS, in light of the provisions of Ordinance 4431, several unchanged code sections
incorrectly still specify or reference the Planning Commission as the entity involved in such
actions; and
WHEREAS, the City Council has determined that to further the purposes of
comprehensive planning and to maintain and protect the welfare of the community in the area of
land use decisions, it is necessary to amend PMC Chapter 9.130 Noise Regulation, and Titles 21
Urban Area Subdivision Regulations, 23 Environmental Impact, 25 Zoning, and 29 Shoreline
Master Program to correct references regarding the decision authority for the hearing examiner.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section 9.130.060 entitled “Additional exceptions – Application” of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
9.130.060 Additional exceptions – Application.
(1) Additional exceptions may be granted to any person from any requirement of PMC
9.130.030 if findings are made that any such exception is in the public interest and that the
proposed activity will have a substantial public participation, e.g., festivals, parades and other
community celebrations.
(2) Exceptions may be granted to any person from any requirement of PMC 9.130.040 if
findings are made that immediate compliance with such requirement cannot be achieved because
of special circumstances rendering immediate compliance unreasonable in light of economic or
physical factors, encroachment upon an existing noise source or because of nonavailability of
feasible technology or control methods.
(3) Applications shall be made to the Director of Community and Economic Development.
Exceptions shall be issued only upon application in writing and after providing such information
as may be requested. No exception shall be issued for a period of more than 30 days except upon
due notice to the public with opportunity to comment to the City Planning Commission.Hearing
Examiner. The City Planning Commission shall make a recommendation for approval or
disapproval to the City Council in all such cases. The City Council Hearing Examiner shall then
make a final determination of approval or disapproval of an exception for a period exceeding 30
days. Public hearings may be held before the City Planning Commission Hearing Examiner in
any case when substantial public interest is shown, at the discretion of the Director.
(4) Any such exceptions or renewal thereof shall be granted only for the minimum time period
found to be necessary under the facts and circumstances.
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(5) An implementation schedule for achieving compliance with this chapter shall be
incorporated into any exception from PMC 9.130.040 that is issued.
(6) Sources of noise, subject to this chapter, shall immediately comply with the requirements
of this chapter, except in extraordinary circumstances where overriding considerations of public
interest dictate the issuance of an exception. [Ord. 3591 § 1, 2002; Code 1970 § 9.61.041.]
Section 2. That Section 21.10.020 entitled “Terms defined” of the Pasco Municipal Code
shall be and hereby is amended and shall read as follows:
21.10.020 Terms defined.
“Alley” means a dedicated narrow service way, not more than 20 feet wide, providing a secondary
means of public access to abutting properties.
“Binding site plan” means a drawing to scale utilized for the purposes of creating lots for selling,
leasing, or otherwise transferring property rights from one person, firm, or corporation to another.
A binding site plan:
(a) Identifies and shows the areas and locations of all streets, roads, improvements,
parcels, utilities, open spaces, and other information as may be required by this title;
(b) Contains inscriptions or attachments setting forth such appropriate limitations and
conditions for the use of land as specified by this title; and
(c) Contains provisions making any development be in conformity with the site plan
for all such land.
“Block” means a group of lots, tracts, or parcels within a well-defined and fixed boundary.
“Boundary line adjustment” means the relocation of the boundaries between two or more lots,
which relocation does not result in the creation of any additional lot or lots.
“Comprehensive Plan” means the current Comprehensive Plan for the City, adopted by the City
Council pursuant to state law.
“Cul-de-sac” means a road closed at one end by a circular area of sufficient size for turning
vehicles around.
“Dedication” means the deliberate conveyance of land by an owner or owners to the City of Pasco,
for any general and public uses, reserving to the owner or owners no other rights than such as are
compatible with the full exercise and enjoyment of the public uses to which the property has been
devoted.
“Developer, subdivider, platter or owner” means any person, firm or corporation undertaking the
subdividing or resubdividing of a lot, tract or parcel of land as, or on behalf of, the owner thereof.
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“Easement” means a grant by the property owner to the public, corporation, or persons, of the use
of a strip of land for a specific purpose and, on or over which, the owner will not erect any
permanent improvements which serve to interfere with the free exercise of that right.
“Final approval” means that approval given by the City Council, which authorizes the subdivider
to record his/her plat.
“Final plat” means the plan of a plat, subdivision, or dedication, or any portion thereof, prepared
for filing for record by the County Auditor, and containing all elements and requirements set forth
for final plats in these regulations.
“Hammerhead/T” means a roadway that provides a “T” shaped, three-point turnaround space for
emergency equipment.
“Improvements” means any required improvements, including streets, curb, gutter, sidewalk,
storm drainage, landscaping, utilities, pavement markings, signing, and other appropriate
improvements.
“Lot” means a portion of a subdivision, or other parcel of land, intended as a unit for transfer of
ownership or for development, being of sufficient area and dimensions to meet minimum zoning
requirements for width and area. The term shall include tracts or parcels.
“Monument” means a permanent-type survey marker, which conforms to the City of Pasco
standard detail for monuments, or an approved substitute.
“Pedestrian way” means a right-of-way dedicated to public use which cuts across a block to
facilitate pedestrian access to adjacent streets and properties.
“Plat or subdivision” means an area of land which has been divided into two or more lots, tracts,
parcels or other divisions of land, and shall include a map or maps related thereto for the purpose,
whether immediate or future, of transfer of ownership, or for building developments, including all
designations in street lines, alley lines, public area boundaries, lot lines, easements, rights-of-way,
pavement widths, curb lines, location and size of utilities, location and size of land areas to be
dedicated; those divisions of land for agricultural purposes, where each parcel is five acres or more
in area and which do not include any new streets, easements, rights-of-way or other provisions for
necessary public areas and facilities; and further provided, that this definition shall not apply to
the division by description of a portion of a platted lot.
“Preliminary plat” means an approximate drawing of the proposed layout of streets, blocks, lots
and other elements of a subdivision or plat from which the City Planning Commission Hearing
Examiner gives preliminary approval to the general layout features of the subdivision or plat.
“Primary arterial” means a street or road of great continuity which serves or is intended to serve
as the principal traffic way between separated areas of the City or region and is designated in the
Comprehensive Plan, or otherwise designated, as a limited access highway, major thoroughfare,
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boulevard, parkway or other equivalent term to identify those streets that comprise the basic
structure of the regional traffic plan.
“Public right-of-way” means any publicly owned land set aside for surface transportation purposes,
including vehicular, bicycle and pedestrian transportation, whether improved or not improved.
“Secondary arterial” means a street or road which forms part of the arterial street system, the
function of which is to collect traffic from the local or residential streets for delivery to the primary
arterials.
“Short plat” or “short subdivision” means the division or redivision of land into nine or fewer lots
for the purpose of sale, lease or transfer of ownership.
Street, Dead-End. “Dead-end street” means a street similar to a cul-de-sac, but providing no
turnaround at its closed end.
Street, Frontage. “Frontage street” means an access street which is generally parallel to and
adjacent to arterials, streets, traffic ways, limited access highways or railroad rights-of-way; and
which provides access to abutting properties and protection from through traffic.
Street, Local Access. “Local access street” means a street of limited continuity, which serves or is
intended to serve the local needs of the immediate community.
Street, Private. “Private street” means a street of limited continuity, which serves or is intended to
serve the local needs of the immediate community and which has not been dedicated to the public.
Street, Public. “Public street” means a street, whether improved or unimproved, held in public
ownership and intended to be open as a matter of right for public vehicular travel and to provide
access now or in the future to adjacent properties.
“Tax parcel segregation” means the separation of lots of record into two or more tax parcels for
the purpose of sale, lease or transfer of ownership, and which segregation does not result in the
creation of more parcels than lots of record.
“Urban growth area” means that area designated by the county pursuant to RCW 36.70A.110,
identifying the limits of the extension of urban facilities and services. [Ord. 3736 § 2, 2005; Ord.
3398 § 2, 1999; Code 1970 §§ 26.08.010–26.08.290.]
Section 3. That Section 23.10.060 entitled “Additional timing considerations” of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
23.10.060 Additional timing considerations.
(1) For nonexempt proposals, the DNS or FEIS for the proposal shall accompany the City’s
staff recommendation to the Hearing Examiner or Planning Commission.
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(2) If the City’s only action on a proposal is a decision on a building permit or other license
that requires detailed project plans and specifications, the applicant may request, in writing, the
City conduct environmental review prior to submission of the detailed plans and specifications.
The fee for such request shall be the same as in PMC 23.50.040(1), and shall accompany the
written request. [Ord. 3297 § 2, 1998; Ord. 2512 § 1, 1984; Code 1970 § 23.02.060.]
Section 4. That Section 25.145.060 entitled “Setback requirement” of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
25.145.060 Setback requirement.
Minimum setbacks for structures erected within an approved planned density development site
shall be as follows:
(1) Perimeter. The perimeter setbacks prescribed herein shall be measured from the exterior
boundary of the lot or group of contiguous lots forming the planned density development site. The
front, side and rear yard setbacks of the underlying zone shall be the minimum perimeter setbacks
for all structures; provided, that such minimum setbacks may be increased by the Planning
Commission Hearing Examiner if deemed necessary to protect the appropriate use and
development of adjacent lands; and
(2) Interior. The minimum distance between structures within a planned density development
site shall not be less than International Building Code requirements. [Ord. 3354 § 2, 1999; Code
1970 § 25.64.060.]
Section 5. That Section 25.165.060 entitled “Caretaker’s residence” of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
25.165.060 Caretaker’s residence.
In the commercial and industrial districts, a caretaker’s residence may be permitted by special
permit as an accessory use, provided the following circumstances are demonstrated by the
applicant:
(1) The caretaker’s residence is solely intended to provide security for the established principal
permitted use of the property;
(2) The caretaker’s residence is within a commercial or industrial area with less than 40 percent
of parcels within the surrounding vicinity, defined as a 300-foot radius from the site, being
developed. The term “developed” shall mean a parcel containing at least one permitted structure
or land use with a current City of Pasco business license;
(3) The residential structure, limited to motor homes, travel trailers or truck campers, will be
located on a parcel at least two times the size of the caretaker’s residence; and
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(4) A special permit granted for a caretaker’s residence may be reviewed annually upon written
request of owners of property within 300 feet of such residence or upon written request of the City
Building Official.
(5) The special permit shall be reviewed by the Planning Commission administratively and
biennially to determine if the surrounding vicinity within a 300-foot radius is at least 40 percent
developed. If the area is at least 40 percent developed, the caretaker’s residence shall be removed
from the site within one year of the review date. [Ord. 4110 § 26, 2013; Ord. 3354 § 2, 1999; Code
1970 § 25.70.060.]
Section 6. That Section 25.165.120 entitled “Hazardous waste” of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
25.165.120 Hazardous waste.
(1) No person, firm, or corporation shall use any parcel(s), lot(s), or tract(s) of land for disposal
of “dangerous” or “extremely hazardous” waste (chemical) as defined by Chapter 173-303 WAC;
or
(2) For any operation involving radioactive material greater than one curie in a sealed form,
or any radioactive material in a nonsealed form, but excluding any place of medical practice,
except upon a permit granted by the City Council Hearing Examiner applied for in the manner
prescribed by Chapter 25.200, PMC and after receipt by the City Council of the recommendation
of the Planning Commission. In developing a recommendation, the Planning Commission the
Hearing Examiner shall, in addition to the requirements of Chapter 25.200 PMC, also consider the
location of the proposed use, the zoning regulations, the threat to the public health, safety or
welfare, the effect on surrounding property values and development, reclamation of property, and
the suitability of the property for the use proposed; and
(3) Uses or activities that process or dispose of medical wastes as defined by Chapter 173-303
WAC are required to obtain a special permit following the procedures of Chapter 25.200 PMC.
[Ord. 3354 § 2, 1999; Code 1970 § 25.70.100.]
Section 7. That Section 25.210.020 entitled “Initiation of amendments” of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
25.210.020 Initiation of amendments.
(1) Zoning Map.
(a) Any person, firm, corporation, group of individuals, or municipal department may
petition for a zone change with the following exceptions:
(i) If the person, firm, corporation or group of individuals does not have legal
ownership of the parcel of land under consideration for rezoning, the petition shall
not be accepted. All petitions submitted must contain the notarized signature of the
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legal owner of the property. The legal owner is considered to be the owner of
record.
(ii) A person, firm, corporation or group of individuals may not submit, in any
one year, more than one petition requesting a zone change from the property’s
present zone to another particular zone for the same parcel of land; provided, that
within the one-year period, a person, firm, corporation or group of individuals may
submit another petition requesting a zone change from the property’s present zone
to a zone other than the zone previously requested in the earlier petition.
(b) The City Council, upon its own motion, may request the Planning Commission
Hearing Examiner hold an open record hearing on the reclassification of a parcel or parcels
of property.
(c) The Planning Commission may initiate an open record hearing on the
reclassification of a parcel or parcels of property.
(2) Text.
(a) The City Council upon its own motion may conduct an open record hearing to
amend the text, or request that the Planning Commission Hearing Examiner conduct a
public hearing to develop a recommendation on a text amendment.
(b) The Planning Commission may initiate an open record hearing to develop a
recommendation for a text amendment.
(c) Any resident or property owner within the Pasco Urban Area may petition the City
Council for a text amendment. A petition to amend the text does not obligate the City
Council to follow through with the petitioned amendment.
(3) City/County Coordination:
(a) All County zoning map amendments within the UGA shall be coordinated with the
City prior to change by the County. Coordination shall consist of providing the City with
timely notification of proposed map amendments and affording an opportunity to
comment. Map amendments shall conform in all respects to the UGA Comprehensive Plan.
(b) Zoning text amendments shall be coordinated between the City and County to
ensure that the intent and purpose of the joint development regulations are maintained.
Coordination shall consist of providing affected jurisdictions the opportunity to participate
in drafting the text amendment through comment and consultation. [Ord. 4110 § 32, 2013;
Ord. 3354 § 2, 1999; Code 1970 § 25.88.020.]
Section 8. That Section 25.210.030 entitled “Requirements for zoning petition” of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
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25.210.030 Requirements for zoning petition.
The petition for a change of classification must show the following:
(1) The date the existing zone became effective;
(2) The changed conditions which are alleged to warrant other or additional zoning;
(3) Facts to justify the change on the basis of advancing the public health, safety and general
welfare;
(4) The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan;
(5) The effect on the property owner or owners if the request is not granted;
(6) The Comprehensive Plan land use designation for the property; and
(7) Such other information as the Planning Commission Hearing Examiner requires. [Ord.
3354 § 2, 1999; Code 1970 § 25.88.030.]
Section 9. That Section 25.210.060 entitled “Planning Commission – Findings and
recommendations” of the Pasco Municipal Code shall be and hereby is amended and shall read as
follows:
25.210.060 Planning CommissionHearing Examiner - Findings and recommendations.
(1) After completion of an open record hearing on a petition for reclassification of property,
the Planning CommissionHearing Examiner shall make and enter findings from the records and
conclusions thereof which support its recommendation and find whether or not:
(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;
(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) The Planning CommissionHearing Examiner shall render itsa recommendation to approve,
approve with modifications and/or conditions, or reject the petition based on its findings and
conclusions. The Commission'sHearing Examiner’s recommendation, to include its findings and
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conclusions, shall be forwarded to the City Council at a regular business meeting thereof. [Ord.
3354 § 2, 1999; Code 1970 § 25.88.060.]
Section 10. That Section 25.210.070 entitled “Appeal of recommendation” of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
25.210.070 Appeal of recommendation.
Any recommendation of the Planning CommissionHearing Examiner regarding a petition for
reclassification of property may be appealed in accordance with one of the following methods:
(1) Applicant. Within 10 calendar days from the date of the Planning CommissionHearing
Examiner action, file written appeal with the City Planner stating the basis of appeal from the
Planning CommissionHearing Examiner recommendation;
(2) Property Owners. Within 10 calendar days from the date of the Planning
CommissionHearing Examiner action, file written appeal with the City Planner stating the basis of
appeal from the Planning CommissionHearing Examiner recommendation and bearing the
signature of at least 20 percent of the owners of record of property within 300 feet of the property
proposed for reclassification;
(3) Either method of appeal shall include payment of an appeal fee in the amount
$100.00prescribed by Title 3 PMC; and
(4) A proper and timely filed appeal shall be presented to the City Council in conjunction with
the Planning CommissionHearing Examiner recommendation and shall require the City Council
to conduct a closed record hearing, notice of which shall be given in accordance with PMC
25.210.040, to consider the appeal. [Ord. 3354 § 2, 1999; Code 1970 § 25.88.070.]
Section 11. That Section 25.210.080 entitled “City Council consideration” of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
25.210.080 City Council consideration.
(1) Unless a proper and timely appeal is filed or the City Council by majority vote deems
further review is necessary, the recommendation of the Planning CommissionHearing Examiner
shall be effected by proper action of the City Council without further review. In the event the
Council deems further review is necessary, it shall conduct a closed record hearing, notice of which
shall be given in accordance with PMC 25.210.040; and
(2) In those cases which require further review, the City Council shall at the conclusion of a
closed record hearing make and enter findings of fact and take one of the following actions:
(a) Approve the reclassification with or without modification;
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(b) Enter into a concomitant agreement with the petitioner, as set forth in PMC
25.210.100;
(c) Deny the reclassification. [Ord. 3354 § 2, 1999; Code 1970 § 25.88.080.]
Section 12. That Section 25.220.020 entitled “Zoning” of the Pasco Municipal Code shall
be and hereby is amended and shall read as follows:
25.220.020 Zoning.
(1) Petition Method. The City will not require simultaneous zoning for an annexation area as
provided in Chapter 35A.14 RCW under the 60 percent petition method. Zoning for a given
annexation area under the 60 percent method will be determined through a public process utilizing
the Planning CommissionHearing Examiner as follows:
(a) After acceptance of an initial 10 percent annexation petition by the City Council
and prior to Council action on a valid 60 percent petition, the Planning CommissionHearing
Examiner shall hold a zoning determination hearing.
(b) Notice of a zoning determination hearing for a pending annexation shall be given
by publication in the newspaper on two separate dates, one of which shall be at least 10
days prior to the hearing.
(c) In addition to notification by publication in the newspaper, notice shall be mailed
directly to each property owner in the proposed annexation area and to the County.
If the anticipated zoning as indicated in the Comprehensive Plan prescribes any
zoning other than a low-density single-family designation, notice of the zoning
determination hearing shall also be mailed directly to all property owners within 300 feet
of the proposed annexation area.
(d) The Planning Commission’sHearing Examiner’s zoning determination
recommendation shall be forwarded to the City Council on or about the time the Council
holds a public hearing on a 60 percent petition. Following adoption of an ordinance
annexing property to the City, the Council shall adopt separate ordinances for the
establishment of zoning.
(2) Other Methods. Zoning for other methods of annexation can be established by either
following generally the process in subsection (1) of this section, or at the election of the City
Council, the procedures provided in Chapter 35A.14 RCW. [Ord. 3354 § 2, 1999; Code 1970
§ 25.96.020.]
Section 13. That Section 29.35.010 entitled “Roles and responsibilities” of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
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29.35.010 Roles and responsibilities.
(1) Shoreline Administrator.
(a) The Community and Economic Development Director of the City of Pasco or
his/her designee shall serve as the Shoreline Administrator. The Shoreline Administrator
shall issue written shoreline exemptions as appropriate, and in the case of a shoreline
substantial development permit, grant or deny the permit. The Shoreline Administrator
shall administer the shoreline permit and notification systems, and shall be responsible for
coordinating the administration of shoreline regulations with zoning enforcement, building
permits, and all other regulations regarding land use and development in the City.
(b) The Shoreline Administrator shall be familiar with regulatory measures pertaining
to shorelines and their use, and, within the limits of his or her authority, shall cooperate in
the administration of these measures. Permits issued under the provisions of this shoreline
regulation shall be coordinated with other applicable land use and development regulatory
measures of the City. The Shoreline Administrator shall establish procedures that advise
all parties seeking building permits or other development authorization of the need to
consider possible shoreline applications. It is the intent of City, consistent with its
regulatory obligations, to simplify and facilitate the processing of shoreline substantial
development permits.
(c) The Shoreline Administrator shall ensure that proposed regulatory or
administrative actions do not unconstitutionally infringe upon private property rights.
Shoreline goals and policies should be pursued through the regulation of development of
private property only to an extent that is consistent with all relevant constitutional and other
legal limitations (where applicable, statutory limitations, such as those contained in
Chapter 82.02 RCW and RCW 43.21C.060) on the regulation of private property.
(d) The Shoreline Administrator shall apply PMC 29.25.010, Critical Areas.
(2) Hearing Examiner.
(a) The Hearing Examiner shall have the authority to decide on appeals from
administrative decisions issued by the Shoreline Administrator of this SMP.
(b) The Hearing Examiner may grant or deny shoreline variances following a public
hearing.
(c) The Hearing Examiner shall have authority to review and approve or deny shoreline
special use permits following an open record hearing pursuant to PMC 25.200.120.
(3) Planning Commission. (a) The Planning Commission is vested with the responsibility to
review the SMP as part of regular SMP updates required by RCW 90.58.080 as a major element
of the City’s planning and regulatory program and make recommendations for amendments thereof
to the City Council.
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(b) The Planning Commission reviews shoreline special use permits, following an open
record hearing, and sends a recommendation to the City Council.
(4) City Council. The City Council is vested with authority to:
(a) Initiate an amendment to this SMP according to the procedures prescribed in WAC
173-26-100.
(b) Adopt all amendments to this SMP, after consideration of the recommendation of
the Planning Commission. Substantive amendments shall become effective immediately
upon adoption by Ecology.
(c) Approve or deny all shoreline special use permits forwarded by the Planning
Commission pursuant to PMC 25.200.120.
(dc) Conducts closed record appeal of any recommendation of the Planning
CommissionHearing Examiner pursuant to PMC 25.200.110.
(ed) Decide on appeals from the administrative decisions issued by the Shoreline
Administrator. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.700.]
Section 14. This ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, this 8th day of September,
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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AGENDA REPORT
FOR: City Council September 2, 2020
TO: Dave Zabell, City Manager
Zach Ratkai, Administrative & Community
Services Director
Remote Regular Meeting:
9/8/20
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Code Enforcement Board Appointments
I. REFERENCE(S):
Candidate Application - Council only
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To confirm the Mayor's appointment of Duane Van Beek to Position No. 3 on the Code
Enforcement Board with an unexpired term from September 8, 2020 to January 1,
2022.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The Code Enforcement Board (CEB) is composed of five members. The CEB meets
the first Thursday of every month at 7:00 PM in the City Hall Council Chambers. The
CEB holds hearings regarding alleged violation of the Pasco Municipal Code (PMC),
particularly related to property maintenance standards. Code Board members typically
serve 4-year terms.
The CEB currently has one vacancy.
Due to the onset of the COVID-19 pandemic, appointments to the CEB have been
delayed. At their August 3, 2020 meeting, the City Council established a
subcommittee, comprising of Mayor Martinez and Councilmembers Maloney and
Milne, to review the applications and interview the selected candidates.
Page 31 of 126
V. DISCUSSION:
Following the conduct of interviews by the subcommittee on August 26, 2020, Mayor
Martinez is requesting Council's confirmation of the appointment of Duane Van Beek
to Position No. 3.
Page 32 of 126
AGENDA REPORT
FOR: City Council September 2, 2020
TO: Dave Zabell, City Manager
Zach Ratkai, Administrative & Community
Services Director
Remote Regular Meeting:
9/8/20
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Historic Preservation Commission Reappointments
I. REFERENCE(S):
Resolution No. 3388 - Appointments to Boards & Commissions
Candidate Applications - Council only
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To confirm the Mayor's reappointments of Malin Bergstrom and Daniel Stafford to
Position Nos.1 & 2 respectively on the Historic Preservation Commission with terms
from August 1, 2020 to August 1, 2023.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The Historic Preservation Commission (HPC) is composed of five members; terms are
for three years. The HPC meets as necessary, typically on the first Tuesday of every
month at 4:00 PM in the City Hall. The HPC's major responsibilities are to identify and
actively encourage the conservation of Pasco's historic resources by reviewing National
Register properties applying for Special Tax Valuation; to raise community awareness
of Pasco's history and historic resources; and to serve as the City of Pasco's primary
resource in matters of history, historic planning, and preservation.
Due to the onset of the COVID-19 pandemic, appointments to the CEB have been
delayed. At their August 3, 2020 meeting, the City Council established a
subcommittee, comprising of Mayor Martinez and Councilmembers Maloney and
Milne, to review the applications and interview the selected candidates.
Page 33 of 126
Per Council policy, an incumbent applicant may be reappointed without interview by
the City Council provided the incumbent has served not more than two consecutive
terms since their last interview. Mr. Stafford may be reappointed without an interview;
however, Ms. Bergstrom has served two consecutive terms since her first interview and
therefore was required to be re-interviewed.
V. DISCUSSION:
Following the conduct of interview of Ms. Bergstrom by the subcommittee on August
26, 2020, Mayor Martinez is requesting Council's confirmation of the reappointments
of Malin Bergstrom and Daniel Stafford to Position Nos.1 & 2 respectively.
Page 34 of 126
RESOLUTION NO. `
A RESOLUTION Providing a Process for Appointments to City Boards and
Commissions.
WHEREAS, the City of Pasco maintains several citizen advisory boards to assist the delivery of
municipal services as well as to advise the City Council in making various policy decisions; and
WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor
to appoint citizens to vacancies on such boards, subject to confirmation of the City Council; and
WHEREAS, the Mayor and City Council desire to establish an appointment process which is more
collaborative yet efficient for both the applicants and City Council alike;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVES AS
FOLLOWS:
Section 1: Applications for city boards and commissions shall be solicited annually by the City
Manager on behalf of the City Council.
Section 2: All applications received by the City Manager shall be reviewed by a City Council
committee appointed by the Mayor; such committee, to be known as the "Appointment Screening
Committee," shall be ad-hoc, appointed annually, and consist of three members, including the Mayor. The
Appointment Screening Committee shall select those applicants it deems best suited for the respective
board/commission but not more than three applicants for each vacancy to be filled. The Appointment
Screening Committee shall consider the following factors in making their selections for further
consideration:
a) Geographic representation;
b) Gender representation;
c) Ethnic representation;
d) Familial and financial relationships of board members
Section 3: Those applicants selected by the Appointment Screening Committee shall be
interviewed by the City Council during a public meeting; provided, however, the Screening Committee may
recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent
has •-- • - - -•served not more than two consecutive•
terms since the last interview. At a City Council meeting following such interview, an interviewed candidate
shall be selected by the Mayor for appointment to each vacancy. Any candidate selected by the Mayor shall
be subject to confirmation vote of the City Council; a majority vote of the quorum present at such meeting
shall be required to confirm the Mayor's appointments.
Section 4: Any prior resolutions of the City Council in conflict with the provisions of this
resolution shall be superseded by this resolution.
PAS D by the City Council ity of Pasco at its regular meeting this
16th day of April, 2012.
Matt Watkins, Mayor
T T: f APP'S AS TO FORM:
Debra Clark,City Clerk Leland B. Kerr, City Attorney
Page 35 of 126
AGENDA REPORT
FOR: City Council September 2, 2020
TO: Dave Zabell, City Manager
Zach Ratkai, Administrative & Community
Services Director
Remote Regular Meeting:
9/8/20
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Parks & Recreation Advisory Board Reappointments/Appointments
I. REFERENCE(S):
Resolution No. 3388
Candidate Applications - Council only
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To confirm the Mayor's reappointments of Nolvia Salinas and Thomas Davenport to
Position Nos.1 & 2 respectively and the appointment of Julie Ann Campos to Position
No. 3 on the Parks & Recreation Advisory Board, with Position Nos. 1 & 2 terms from
February 2, 2020 to February 2, 2023 and Position No. 3 term from September 8, 2020
to February 2, 2021.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The Parks & Recreation Advisory Board (PRAB) is composed of seven members;
terms are for three years. The PRAB meets the first Thursday of every month at 5:30
PM makes and discusses PRAB The 1. in Conference Hall City the Room
recommendations to the City Council and the City Manager on matters pertaining to
programs administered by the Recreation Division, and capital improvements related to
the City's parks system.
There is currently one vacancy on the PRAB and the terms of two board members are
expired, leaving the potential for three appointments.
Page 36 of 126
The onset of COVID-19 pandemic delayed the appointment process resulting in the
Council forming a subcommittee at the August 3, 2020 meeting. The subcommittee,
comprised of Mayor Martinez and Councilmembers Roach and Serrano, subsequently
met to review the applications received and conduct interviews as appropriate.
Per Council policy, board and commission incumbents applicant may be reappointed
without interview by the City Council provided the incumbent has served not more
than two consecutive terms since their last interview. Both Ms.Salinas and Mr.
Davenport may be reappointed without an interview. Interviews of other candidates
were conducted by the subcommittee.
V. DISCUSSION:
Mayor Martinez is proposing to reappoint the incumbents and is requesting Council's
confirmation of Nolvia Salinas and Thomas Davenport to Position Nos.1 & 2
respectively and the appointment of Julie Ann Campos to Position No. 3.
Page 37 of 126
RESOLUTION NO. `
A RESOLUTION Providing a Process for Appointments to City Boards and
Commissions.
WHEREAS, the City of Pasco maintains several citizen advisory boards to assist the delivery of
municipal services as well as to advise the City Council in making various policy decisions; and
WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor
to appoint citizens to vacancies on such boards, subject to confirmation of the City Council; and
WHEREAS, the Mayor and City Council desire to establish an appointment process which is more
collaborative yet efficient for both the applicants and City Council alike;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVES AS
FOLLOWS:
Section 1: Applications for city boards and commissions shall be solicited annually by the City
Manager on behalf of the City Council.
Section 2: All applications received by the City Manager shall be reviewed by a City Council
committee appointed by the Mayor; such committee, to be known as the "Appointment Screening
Committee," shall be ad-hoc, appointed annually, and consist of three members, including the Mayor. The
Appointment Screening Committee shall select those applicants it deems best suited for the respective
board/commission but not more than three applicants for each vacancy to be filled. The Appointment
Screening Committee shall consider the following factors in making their selections for further
consideration:
a) Geographic representation;
b) Gender representation;
c) Ethnic representation;
d) Familial and financial relationships of board members
Section 3: Those applicants selected by the Appointment Screening Committee shall be
interviewed by the City Council during a public meeting; provided, however, the Screening Committee may
recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent
has •-- • - - -•served not more than two consecutive•
terms since the last interview. At a City Council meeting following such interview, an interviewed candidate
shall be selected by the Mayor for appointment to each vacancy. Any candidate selected by the Mayor shall
be subject to confirmation vote of the City Council; a majority vote of the quorum present at such meeting
shall be required to confirm the Mayor's appointments.
Section 4: Any prior resolutions of the City Council in conflict with the provisions of this
resolution shall be superseded by this resolution.
PAS D by the City Council ity of Pasco at its regular meeting this
16th day of April, 2012.
Matt Watkins, Mayor
T T: f APP'S AS TO FORM:
Debra Clark,City Clerk Leland B. Kerr, City Attorney
Page 38 of 126
AGENDA REPORT
FOR: City Council September 2, 2020
TO: Dave Zabell, City Manager
Zach Ratkai, Administrative & Community
Services Director
Remote Regular Meeting:
9/8/20
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Planning Commission Appointments
I. REFERENCE(S):
Candidate Applications - Council only
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To confirm the Mayor's appointments of Ty Jennings, Rachel Teel and Jay Hendler to
Position Nos.4, 7 & 8 respectively on the Planning Commission, with Position No. 4
term from September 8, 2020 to February 2, 2024 and Position Nos. 7 & 8 terms from
September 8, 2020 to February 2, 2026.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The Planning Commission (PC) is composed of nine members; terms are for six years.
The PC meets the third Thursday of every month at 7:00 PM in the City Hall Council
Chambers. The PC discusses and makes recommendations to Council on matters
pertaining to the City's Comprehensive Plan, the subdivision Ordinance and Zoning
Ordinance of the Pasco Municipal Code.
There are currently three vacancies on the PC; two (2) vacancies were due to
resignations and the other was due to term expiration. The incumbent terming out did
not reapply for reappointment.
The onset of COVID-19 pandemic delayed the appointment process resulting in the
Council forming a subcommittee, at the August 3, 2020 Meeting. The subcommittee,
Page 39 of 126
comprised of Mayor Martinez and Councilmembers Roach and Serrano, subsequently
met to review the applications received and then conducted interviews of five
candidates.
V. DISCUSSION:
Mayor Martinez is requesting Council's confirmation of the Planning Commission
appointments of Ty Jennings, Rachel Teel and Jay Hendler to Position Nos.4, 7 & 8
respectively.
Page 40 of 126
AGENDA REPORT
FOR: City Council August 26, 2020
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Remote Regular Meeting:
9/8/20
FROM: Darcy Bourcier, Planner I
Community & Economic Development
SUBJECT: Street Vacation: Vacating a Portion of E Pueblo Street (MF# VAC2019-006)
I. REFERENCE(S):
Overview Map
Updated Vacation Petition
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT CONTINUED PUBLIC HEARING
MOTION: I move, based on the anticipated creation of a landlocked parcel, that the
proposed vacation for a portion of E. Pueblo Street under Master File VAC 2019-006
be denied.
Should the City Council decide to pursue approval of the vacation request, staff
recommends continuing the hearing to a later date in order to give staff and the
applicant the opportunity to revise the request and provide applicable public notice.
If Council elects to continue the hearing to a later date, the following Alternative
Motion should be used:
ALTERNATIVE MOTION: I move to continue the hearing on the Pueblo Street
Vacation request to November 2, 2020.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
Page 41 of 126
The owner of CO-Energy (a Connell Oil company), initially submitted a petition to
vacate a portion of the E. Pueblo Street right-of-way that extends from N. California
Avenue to the centerline of the vacated Montana Street. In the Agenda Report for the
May 18, 2020 Council meeting, staff recommended denial of the requested vacation by
the City Council for the following reasons:
1. Approval of the vacation would result in the creation of a cul -de-sac at the
terminus of the remaining right-of-way exceeding the maximum allowable
length of 600 feet;
2. Approval of the vacation may negatively impact the properties abutting the un-
vacated portion as additional right-of-way would be required to be dedicated for
an adequate IFC-approved turn-around;
3. Proportional public benefit is not foreseen as a result of approval, as a vacation
of the limited extent of right-of-way may burden surrounding properties with
the requirement to dedicate additional right-of-way for an IFC-approved turn-
around.
Council decided to continue the hearing to August 3, 2020, and again to September 8,
2020, in order to provide the applicant and staff time to discuss the proposal further
with the remaining property owners whose properties also abut E. Pueblo Street.
During the ensuing weeks, the applicant has been working with two of the nearby
property owners to file tax parcel consolidations that would prevent any parcels from
becoming landlocked in the event of a vacation, and is now seeking the vacation of the
entire extent of E. Pueblo Street from N. California Avenue to N. Utah Avenue.
However, one property owner (Parcel #113-502-031) has expressed opposition and
does not intend to file a tax parcel consolidation. A reason has not been provided.
V. DISCUSSION:
Staff has reached out to the property owner of Parcel #113-502-031 but has not been
successful in receiving a response or explanation as to why the property owner is
opposed to a tax parcel consolidation. As Council is unable to vacate right-of-way if
the result is a landlocked parcel, staff must recommend the vacation request be denied.
The alternative motion above can be considered should Council wish to provide
another opportunity for engagement with the owner of the Parcel #113-502-031.
Page 42 of 126
City of Pasco, IS Division
/
0 360 720180Feet
Street Vacation: A Portion of East Pueblo Street
Applicant: CO-Energy
File #: VAC2019-006
Overview
Map
N CaliforniaAveE Salt La
k
e
S
t
SITE
E Super
i
o
r
S
t
N Utah AvePage 43 of 126
of Community &Economic Development Department Fee:$300
PO Box 293,525 N 3"‘Ave,Pasco,WA 99301
P:509.545.3441/F:509.545.3499
CITY OF PASCO
STREET/ALLEYVACATION PETITION
‘iiA
Master File #3(AC?§)E\-[1 )(g Date Submitted:11/22/2019
We the undersigned,owners of two-thirds of the privately-owned abutting property,hereby petition
the City Council of the City of Pasco to vacate the following described street/alley rights—of—way:
We would like to have "E.Pueblo Street,Pasco,WA"lpuebbstreet from the east righ1-of.Way ?ne |
of N California Ave to the west right-of-way line of N Utah Ave.
Name:
Connell Oil,Inc.I Brad Bell
Address:
1015 N Oregon Ave,Pasco,WA 99301
Applicantl Phone:
Owner1 509-539-9176 cell,509-547-3326 Office
Name:
Mark Fortune
Address:
1601 E Salt Lake Street,Pasco,WA 99301
Phone:
509-727-3362
Email:
bmtscorp@gmai|.com
(Please see reverse side)
Owner 2
Updated April 2019
Page 44 of 126
Name:
Royal Roofing
Address:
1620 E Superior Street
Phone:
°‘”"""3 509-547-8475
Email:
mike@roya|roofingandsic;}pg.net
Sig
LII/\:(\£
Survey Title Report /Fee of $300
(Mm mugieoi at (if not waived)
’<'\r\?$ism)
Owner 4:Franklin
Conservation
District (consent
letter on pg 9)
Page 45 of 126
CO'ENERGY
A CONNELLOILNCORPORATEDCOMPANY
October 18,2019
To:City of Pasco
Re:Vacation of Pueblo Street between N California Street and Utah.
I own a signi?cant portion of property on the Western end of Pueblo street that I would like the
City to vacate so I can develop my property.
I have attached a Map of the property that I own.
Sincerely,
Iad Bel]
Owner/Pnesidcnt
I01.5N Oregon Ave
PO Box 3.9.98
Pasco,WA 9.930.?
Office:(50.9)547-3326
Cell:(50.9).539-.9176‘
bmd@coI1I1e1lo1'1.com
wWW.co11ne1Io1'I.c01n
CO-ENERGY
A CONNELLOILhC COMPANY
"fTeanuuau&,itiotliefiuelt/iata£€a1u».9 cammanpeapletaaltalnuncatnnwumeoulto"
Corporate Office
1015 N Oregon Ave
PO Box 3998
Pasco,WA 99302
5095473326
Fax 509.547.1259
Connell:627N Columbia Ave /PO Box 975,Connell WA 99326509.234.3311 Fax:509.234.2850
Oroville:61511"‘Ave /PO Box 1451,Oroville,WA 98844 509.476.3610Fax:509.476.3610
Spokane:3727 N Tschirley /PO Box 15361,Spokane,WA 99216 509.535.1534 Fax:509.535.6677
Sunnyside:106 N 9”‘St /PO Box 607,Sunnyside,WA 98944 509.837.5274Fax:509.839.3845
Yakima:1025 N 6"‘Ave /PO Box 70,Yakima,WA 98907 509.453.3920 Fax:509.457.6838
1302 W First Ave
Ritzville,WA 99169
5093659-1532
Fax 509.659.1223
Page 46 of 126
Page 47 of 126
October 29th,2019
To:City of Pasco
Re:Vacation of Pueblo Street between N California Street and Utah.
I own the attached Google snip of 1601 E Salt Lake and I would like the City to
vacate so I can develop my property.It seems to be useless for a thoroughfare
for future development and all access is already gained on additional streets for
the properties involved.Thanks for the consideration of my neighbors and
myself.
Sincerely,
Mark Fortune
President/CEO
Blue Mountain Telecommunication Services Inc.
Page 48 of 126
Page 49 of 126
ROYA
RDOFINB.Inc.
9
1820E.sllnarlnrSI.
Pasco.WA993I1
(9
mile:509 5B1Il75 RE:Vacate Request;E.Pueblo St.
6?)
IIIYEIIIIDDEIIIIIIIGJIEI
November 13"‘,2019
To whom it may concern,
wn5"mgfnu§m1'n_|g_#Royal Roofing,inc.does not object and would like to vacate the adjacent E.Pueblo right
||0VAll5235 to our properties.
IIAEBDIISTATEl3i2B#
186959 If there needs to be any further discussion you may reach me at my office at 509 547
8475.
EsL2|ll3
Sincerely,
Rigobe?raHernandez
President/Owner
15 YEARSITEAMIl!llAlI'I'VISAFETY
Page 50 of 126
Page 51 of 126
Franklin Conservation District
1724 East Superior Street M_arkWieseler
Pasco,WA 99301 3;‘;33%;“
Ph.(509)416-0440 R.Scott Moore
July 8,2020
City of Pasco
Att:Darcy Bourcier
525 N.3"‘Avenue
Pasco,WA 99301
Re:Vacation of Pueblo Street between N.California Ave.and N.Utah Ave.
Dear City of Pasco,
The Franklin Conservation District owns parcel numbers 113502040,113473073,113473064,
and 113473055 (highlighted and labeled on the attached map).These parcels are bordered by N.
Utah Ave.on the east,E.Superior St.to the north,and E.Salt Lake St.to the south.We are very
supportive of vacating E.Pueblo St.as that would provide us a contiguous piece of land that
would be more conducive for any future development.Please call if you need any additional
information.
Sincerely,
Mark Nielson
District Manager
“CONSERVATION AND WISE USE OF NATURAL RESOURCES”
Page 52 of 126
Page 53 of 126
AGENDA REPORT
FOR: City Council September 2, 2020
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Remote Regular Meeting:
9/8/20
FROM: Jeff Adams, Associate Planner
Community & Economic Development
SUBJECT: J&J Kelly Construction Annexation (MF# ANX 2020-002)
I. REFERENCE(S):
Proposed Resolution
J&J Kelly Construction Signed 10% Petition Packet
Vicinity Map
Comprehensive Plan Map
Exhibit C, Proposed Annexation Area Geographical Modification
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT A PUBLIC MEETING
MOTION: I move to approve Resolution No. _____, accepting a notice of intent to
annexation, Construction Kelly J&J for proceedings annexation commence the
providing a determination on the boundary to be annexed, and whether simultaneous
zoning and the assumption of bonded indebtedness will be required.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The City has received a Notice of Intent to Commence Annexation from owners of
property located near the southwest corner of Road 52 and Wernett Road.
The Notice of Intent contains sufficient signatures to initiate the annexation process.
Notices of Intent are required to contain the signatures of property owners representing
at least ten (10) percent of the assessed value of an area proposed for annexation.
Page 54 of 126
This item was considered by Council at the Workshop Meeting of August 24, 2020.
V. DISCUSSION:
The petition method of annexation is a two-step process requiring the submittal of a
Notice of Intent to Commence Annexation Proceedings, followed at a later date by an
actual Annexation Petition.
Upon receipt of a Notice of Intent to Commence Annexation the Council is required by
law to set a date to hold a public meeting to consider:
1. Whether the city will accept, reject, or geographically modify the proposed
annexation;
2. Whether it will require the simultaneous adoption of a proposed zoning
regulation; and
3. Whether it will require the assumption of all or any portion of existing city
indebtedness by the area to be annexed.
If, after conduct of the public meeting on September 8, 2020, Council chooses to move
forward with the annexation process, staff recommends:
• The annexation area be geographically modified to include all properties west
of Road 52 and east of the nearest City Limits line to the west, and north of the
extension of the south property line of the Kelly property to the closest City
Limits line to the north, as depicted in Exhibit C;
• That the territory to be annexed will not require simultaneous adoption of
zoning regulations (following policy - zoning will be recommended by the
Hearing Examiner after conduct of a public hearing); and
• That the annexation area assume a proportionate share of the City's past bonded
indebtedness (per Resolution No. 3872).
Staff is currently exploring with the annexation applicant the provision of City water
and sewer service to this property to serve a potential residential subdivision.
Page 55 of 126
Resolution – Proposed J&J Kelly Annexation - 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, ACCEPTING A NOTICE
OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS FOR THE J&J
KELLY CONSTRUCTION ANNEXATION, PROVIDING A
DETERMINATION ON THE BOUNDARY TO BE ANNEXED, AND
WHETHER SIMULTANEOUS ZONING AND THE ASSUMPTION OF
BONDED INDEBTEDNESS WILL BE REQUIRED.
WHEREAS, the owners of a property in a portion of the Northeast quarter of the Northeast
quarter of the Southeast quarter of Section 22, Township 9 North, Range 29 East, W.M., have filed
a Notice of Intent to Commence Annexation Proceedings to the City of Pasco; and
WHEREAS, the City Council of the City of Pasco has reviewed the Notice of Intent and
has determined the annexation site is within the Pasco Urban Growth Area, annexation of the site
would be a natural extension of the City and said annexation would the in best interest of the Pasco
community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES
RESOLVE AS FOLLOWS:
That the City will accept the proposed territory to be annexed as described in Exhibit A
and depicted in Exhibit B attached hereto.
Be It Further Resolved, that the territory to be annexed will not require simultaneous
adoption of zoning regulations. Zoning will be determined through a public hearing process with
input from affected property owners.
Be It Further Resolved, that the annexation area will be required to assume a
proportionate share of existing City bonded indebtedness.
PASSED by the City Council of the City of Pasco, Washington this ____ day of
____________, 2020.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 56 of 126
EXHIBIT A
LEGAL DESCRIPTION
J & J Kelly Construction, Inc.
Assessor's Tax Parcel No: 118621028
LEGAL DESCRIPTION: Real property in the County of Franklin, State of Washington, described as follows:
The Northeast quarter of the Northeast quarter of the Southeast quarter of Section 22, Township 9 North,
Range 29 East, W.M., EXCEPT the East 151.13 feet of North 165.77 feet thereof; AND EXCEPT portion
conveyed to Franklin County by instrument recorded under Auditor's File No. 48051; TOGETHER WITH the
East half of the Northwest quarter of the Northeast quarter of the Southeast quarter of Section 22,
Township 9 North, Range 29 East, W.M,, EXCEPT the North 165.77 feet of West 242.26 feet thereof; all
records of Franklin County, Washington.
Page 57 of 126
Exhibit
B
Item: J&J Kelly Construction Annexation
Applicant: J&J Kelly Construction
File #: ANX 2020-002 Page 58 of 126
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and
encumbrances on behalf of 1 er Ke{(7 UJ(µl 1Ucf1uN '.i::11 t. . and I am further
authorized to sign other documents including Notices of Intent and Petitions.
State of Washington
County of �
): ss.
)
I certify that I know or have satisfactory evidence that �� K� 11 '::1 is the person who appeared
b�fore me, and said person acknowledged that �she) signed this instrument, on oath stated that
�/she) was authorized to execute the instrument and acknowledged it as
the ___________ of _____________ to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
Given under my hand and official seal this p_-,ft,. day of ��--M-----�' 2020
�� NOTARY PUBLIC in and for the State of Washington
Residing at: �w l,c#'., k\M:
My Commission Expires: � "l "3 k 'lJJ"J-,'-'{
RECEIVED
JUL 2 8 2020
COMMUNITY & ECONOMIC DEVELOPMENT
Page 59 of 126
NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES
TO: The City Council of the City of Pasco
525 North Third Avenue
Pasco, Washington 99301
Council Members:
The undersigned, who are the owners of not less than ten percent in value, according to
the assessed valuation for general taxation of the property for which annexation is
sought, hereby advise the City Council of the City of Pasco that it is the desire of the
undersigned owners of the following area to commence annexation proceedings.
The property herein referred to is described on Exhibit "1" attached hereto and is
depicted on Exhibit "2" further attached hereto.
It is requested that the City Council of the City of Pasco set a date not later than sixty
days after the filing of this request for a meeting with the undersigned to determine:
(1)Whether the City Council will accept the proposed annexation; and,
(2)Whether the City Council will require the assumption of existing City
indebtedness by the area to be annexed; and,
(3)Whether the City Council will require simultaneous zoning.
This page is one of a group of pages containing identical text material and is intended by
the signers of this Notice of Intention to be presented and considered as one Notice of
Intention and may be filed with other pages containing additional signatures which
cumulatively may be considered as a single Notice of Intention.
Page 60 of 126
Assessor's Tax Parcel No: 118621028
EXHIBIT #1
LEGAL DESCRIPTION
J & J Kelly Construction, Inc.
LEGAL DESCRIPTION: Real property in the County of Franklin, State of Washington, described as follows:
The Northeast quarter of the Northeast quarter of the Southeast quarter of Section 22, Township 9 North,
Range 29 East, W.M., EXCEPT the East 151.13 feet of North 165.77 feet thereof; AND EXCEPT portion
conveyed to Franklin County by instrument recorded under Auditor's File No. 48051; TOGETHER WITH the
East half of the Northwest quarter of the Northeast quarter of the Southeast quarter of Section 22,
Township 9 North, Range 29 East, W.M,, EXCEPT the North 165.77 feet of West 242.26 feet thereof; all
records of Franklin County, Washington.
Page 61 of 126
Exhibit
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Page 63 of 126
Item:J&JVicinityApplicantMapFile#:AKellyConstructionAnnexatioJ&JKellyConstructioniiEsr?”MajxamPage 64 of 126
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AGENDA REPORT
FOR: City Council August 26, 2020
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Remote Regular Meeting:
9/8/20
FROM: Darcy Bourcier, Planner I
Community & Economic Development
SUBJECT: *Setting Public Hearing for Street Vacation: Vacating the Remainder of E.
Duluth Street (MF# VAC2020-004)
I. REFERENCE(S):
Proposed Resolution
Exhibit A
Overview Map
Vacation Petition
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No._____, setting 7:00 P.M., Monday,
October 5, 2020 as the time and date to conduct a public hearing to consider vacating
E. Duluth Street within Blocks 6 and 7 of Frey's Addition to the west right-of-way line
of N. Utah Avenue.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
John Liniger, the property owner of three parcels abutting E. Duluth Street has
petitioned to vacate the remainder of said street. Two parcels lie north of the right-of-
way in question (Parcel #s 113-502-140 and 113-502-120) and one parcel lies south
(Parcel #113-503-060). No other property owners own property abutting the remainder
of E. Duluth Street. Before said vacation occurs, Mr. Liniger shall combine the
northern two parcels into one in order to avoid creating a lot without direct street
frontage. Theses parcels will be combined before the October 5, 2020 hearing.
Mr. Liniger petitioned for the vacation of a portion of E. Duluth Street to the east in
Page 67 of 126
2019 and obtained Council approval.
The petition requires the City Council to fix a public hearing to consider the vacation
request. The earliest regular City Council meeting available for a public hearing which
provides the statutory 20-day hearing notice is October 5, 2020.
V. DISCUSSION:
Per PMC 12.40 the Council may require compensation for vacated right-of-way. The
compensation involves obtaining a title report and appraisal of value. However, the
compensation and the requirements attached thereto may be waived if one or more of
the following conditions apply:
1. The vacation is initiated by the City Council by Resolution;
2. The vacation is at the request of the City;
3. The right-of-way to be vacated was previously determined by the City Council
not to be essential to public traffic circulation and available for vacation;
4. The grant of substitute public right-of-way which has a value as a right-of-way
at least equal to that right-of-way to be vacated; and
5. The resulting benefit to the community of the project requiring the vacation
outweighs the appraised value of the right-of-way to be vacated.
This proposal involves E. Duluth Street, which has been determined in the Oregon
Avenue Circulation Plan to be unnecessary. The Circulation Plan identifies streets that
must be retained for proper circulation and streets that may be vacated. Thus, because it
has been previously determined that E. Duluth Street may be vacated, no compensation
is necessary.
The City Engineering Department has reviewed the proposal and has determined the
vacation of the right-of-way to be non problematic.
Page 68 of 126
Resolution – VAC2020-004- 1
RESOLUTION NO. ______
A RESOLUTION SETTING 7:00 PM, MONDAY, OCTOBER 5, 2020
AS THE TIME AND DATE TO CONDUCT A PUBLIC HEARING TO
CONSIDER VACATING THE REMAINDER OF EAST DULUTH STREET.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate right-of-way; and
WHEREAS, a petition for the vacation of the remainder of East Duluth Street has been
submitted to the City; and,
WHEREAS, the vacation process provided in PMC 12.40 requires a title report and an
appraisal of value and compensation unless waived by the City Council; and,
WHEREAS, the City Council may waive the requirement for a title report, an appraisal
of value and compensation if the Council has previously determined the street in question can be
vacated; and,
WHEREAS, the City Council by adoption of Ordinance 3255 establishing the Oregon
Avenue Corridor Circulation Plan which identified streets that must be retained for proper
circulation and streets that may be vacated; and,
WHEREAS, Duluth Street is identified in the Oregon Avenue Circulation Plan as a street
that is planned to be vacated; and,
WHEREAS, Chapter 35.79 RCW requires public hearings on vacations to be fixed by
Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. Waiver of Requirements: That pursuant to PMC 12.40, the City Council
hereby waives the requirement for an appraisal, title report and payment of compensation for the
proposed right-of-way vacation of the remainder of East Duluth Street as depicted in the attached
Exhibit A, and;
Section 2. Notice of Hearing: That a public hearing to consider vacating the following as
depicted in the attached Exhibit A, will be held before the City Council of the City of Pasco in the
Council Chambers at 525 N Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on
October 5, 2020:
i. DULUTH STREET FROM CENTERLINE OF THE VACATED
NORTH/SOUTH ALLEY OF BLOCK 6 AND BLOCK 17 OF FREY'S
ADDITION TO THE WEST RIGHT-OF-WAY LINE OF N UTAH AVE.
Page 69 of 126
Resolution – VAC2020-004- 2
That the City Clerk of the City of Pasco give notice of said public hearing as required by
law.
PASSED by the City Council of the City of Pasco, Washington this 8th day of September,
2020.
_____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 70 of 126
/
0 140 28070Feet
Street Vacation: Remainder of E. Duluth Street
Applicant: CO-Energy
File #: VAC2020-004
Exhibit
A
SITE N Utah AveE Highla
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S
t
Page 71 of 126
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
/
0 230 460115Feet
Street Vacation: Remainder of E. Duluth Street
Applicant: CO-Energy
File #: VAC2020-004
Overview
Map
SITE
Page 72 of 126
Page 73 of 126
Page 74 of 126
AGENDA REPORT
FOR: City Council August 31, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
9/8/20
FROM: Steve Worley, Director
Public Works
SUBJECT: *Resolution - Amendment to Interlocal Agreement with Port of Pasco for
Argent Road
I. REFERENCE(S):
Resolution
Amendment
Original Interlocal Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ____, authorizing execution of the
Amendment to the Interlocal Agreement between the City and Port of Pasco for the
Argent the execute to Manager City authorize further, and Project Road the
Amendment.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The City of Pasco (City) along with the Port of Pasco (Port) have worked together to
provide necessary improvements to the Argent Road corridor from 20th Avenue up to,
and including, the intersection at Road 36. The particulars of this arrangement are
memorialized in an Inter-local Agreement (ILA) between the City and Port dated
February 21, 2020.
The improvements contemplated through the ILA include widening of Argent Rd.,
frontage enhancements, including curb/gutter and sidewalk, as well as intersection
improvements to this critical transportation corridor.
Argent Road Improvements between Road 36 and 20th Avenue have been delineated
into three phases of work to expedite construction of priority segments of the project.
Page 75 of 126
Phase 1 will construct improvements on Argent Road from Saraceno Way/Varney
Lane to 20th Avenue. Phase 2 will improve the intersection at Argent Road and Road
36. Phase 3 will construct improvements from Saraceno Way/Varney Lane to Road 36
intersection improvement. The City has partially secured funding for Phases 2 and 3 of
the project and will move to design these improvements when full funding is secured.
Consistent with PMC 3.40.050, the ILA provides that the Port’s financial contribution
to the project will be credited toward any traffic impact fees associated with the future
development of Port-owned property abutting Argent Road within the project limits,
excepting the value of right-of-way dedicated by the Port to complete the project.
Further, the ILA provides that the Port would pay its share of the improvements in
equal installments to the City over a ten-year period.
V. DISCUSSION:
The proposed amendment modifies the ILA as follows:
1. Provides for the Port to pay in full the committed financial obligations
identified in Section 1A of the ILA and forego the payment arrangements
identified in Section 1B of the ILA. The committed financial obligations remain
in addition to the donated right-of-way required for construction of the project.
2. Adjusts the amount of donated right-of-way, as reflected in the original Exhibit
A of the ILA, to now include 0.147 acres of land with a fair market value of
$11,205 (0.147 Acres at $76,230/Acre) on the northeast corner of Argent Road
and 20th Avenue as reflected in Exhibit A-1. The total value of donated right-
of-way is adjusted to $214,740 (2.817 Acres at $76,230/Acre).
Staff recommends execution of this Amendment.
Page 76 of 126
Resolution - 1
RESOLUTION NO. _________
A RESOLUTION AMENDING THE INTERLOCAL AGREEMENT
BETWEEN THE PORT OF PASCO AND THE CITY OF PASCO RELATING
TO THE ARGENT ROAD PROJECT.
WHEREAS, the City and the Port entered into an Interlocal Agreement for Argent Road
Project, Phase 1, No 12001 on the 21st day of February, 2020 (“the Agreement”); and
WHEREAS, the parties hereto desire to modify the Agreement in order to provide for
payment in full by the Port prior to the completion of the project; and
WHEREAS, the parties hereto desire to clarify and modify the Agreement in order to
adjust the donated right-of-way to the Project for the benefit of the Airport to include right-of-way
with a fair market value of $11,205 (.147 Acres of $1,500,000);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Manager is authorized to sign and execute the Amendment to the Interlocal
Agreement between the City of Pasco and the Port of Pasco, for Argent Road Project, Phase 1, No
12001, a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and
to take all necessary steps required to accomplish this transaction; and.
Be It Further Resolved, that this Resolution shall take effect immediately; and
Be It Further Resolved, that the City and the Port Agree that all terms and provisions of
the Agreement shall remain unchanged, except as expressly modified by this Amendment.
PASSED by the City Council of the City of Pasco, Washington this day of ,
.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 77 of 126
ILA Amendment – Port of Pasco
Argent Road – Phase 1, No. 12001
Page 1 of 2
AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE PORT OF PASCO
AND THE CITY OF PASCO RELATING TO THE ARGENT ROAD PROJECT
THIS AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE PORT
OF PASCO AND THE CITY OF PASCO FOR THE ARGENT ROAD PROJECT
(“Amendment”) is made this ____ day of September, 2020, by and between
the CITY OF PASCO, a municipal corporation, hereinafter called “City,” and
the PORT OF PASCO, a municipal corporation, hereinafter called “the Port.”
WHEREAS the City and the Port entered into an Interlocal Agreement
for Argent Road Project, Phase 1, No 12001 on the 21st day of February,
2020 (the “Agreement”); and
WHEREAS the parties hereto desire to modify the Agreement in order
to provide for payment in full by the Port prior to the completion of the
project; and
WHEREAS the parties hereto desire to modify the Agreement in order
to adjust the donated right-of-way to the Project for the benefit of the
Airport to include right-of-way with a fair market value of $11,205 (.147
Acres at $76,230/Acre), which donation is in addition to the committed
funds of $1,500,000; NOW, THEREFORE;
IT IS AGREED between the City and the Port that subsection 1B of the
Agreement be modified to add to the end of said section the following
sentence:
Provided however, the Port may elect to pay said amount in full and
not enter into the payment arrangements described in this subsection.
ADDITIONALLY IT IS AGREED between the City and the Port that
Exhibit A-1 supplements Exhibit A to identify the required right-of-way to be
transferred to the City per subsection 1C of the Agreement.
EXHIBIT A
Page 78 of 126
ILA Amendment – Port of Pasco
Argent Road – Phase 1, No. 12001
Page 2 of 2
IT IS FURTHER AGREED between the City and the Port that all other
terms and provisions of the Agreement shall remain unchanged, except as
expressly modified by this Amendment.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands the day written below.
Date:_______________ Date:
City of Pasco Port of Pasco
________________________ __________________________
Dave Zabell, City Manager Randy Hayden, Executive Director
Attest:
________________________
Debby Barham, City Clerk
Approved as to form:
_________________________
Kerr Ferguson Law, PLLC, City Attorneys
Page 79 of 126
EXHIBIT A-1Page 80 of 126
Page 81 of 126
Page 82 of 126
Page 83 of 126
Page 84 of 126
Page 85 of 126
PHASE 2
NOW LEASIN
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NOW LEASIN
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Tri-Cities
Airport
Exhibit A -Tri-Cities Airport Business Center
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Columbia
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College
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ILA —Port of Pasco
Argent Road -Phase 1,No.12001
Page 6 of 6
Page 86 of 126
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When recorded return to:
Dan Hultgrenn
P.O.Box 2368
Pasco,WA 99302
Brief legal:Ptns of Section 13 and Section 24,Township 9 North,Range 29 EWM,Franklin
County,Washington.
Additional Legal on pages 1,2 and 3
Assessor’s Parcel No.:Ptns of 117-010-010 and 119-180-011
QUIT CLAIM DEED
The PORT OF PASCO,a Washington municipal corporation (the
“Grantor”),pursuant to RCW 39.53 and RCW 35A.79.0140,dedicates,conveys
and quit claims to the CITY OF PASCO,a Washington municipality (the
“Grantee”),the following described real estate as a dedicated right of way,
situated in the County of Franklin,State of Washington,together with all after
acquired title of the Grantor,but reserving to Grantor rights relating to the
avigation easement relating to the property hereinafter described.
REAL PROPERTY SITUATED IN THE CITY OF PASCO,FRANKLIN
COUNTY,WASHINGTON,LYING IN THE SOUTHEAST QUARTER OF
SECTION 13 AND THE NORTHEAST QUARTER OF SECTION 24,
TOWNSHIP 9 NORTH,RANGE 29 EAST,OF THE WILLAMETTE
MERIDIAN,LYING NORTHERLY OF THE CB LINEAS SHOWN ON
SURVEY OF WEST ARGENT ROAD FOR THE CITY OF PASCO,PER
RECORD OF SURVEY RECORDED IN VOLUME 2 OF SURVEYS,
PAGE 189,RECORDS OF SAID COUNTY AND LYING SOUTHERLY OF
THE FOLLOWINGDESCRIBED LINE:
BEGINNING AT HIGHWAY ENG|NEER'S STATION (HEREINAFTER
REFERRED TO AS “HES”)CB 100+39.32;
QUIT CLAIM DEED -1
Page 87 of 126
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THENCE NORTH 16°09’43”WEST 40.00 FEET TO A POINT 40.00 FEET
LEFT OF “HES”STATION CB 100+39.32;
THENCE NORTH 31 °45’05"EAST 58.99 FEET TO A POINT 80.00 FEET
LEFT OF "HES”STATION CB 100+81.42,SAID POINT BEING ON THE
ARC OF A 2,080.00 FOOT RADIUS NON-TANGENT CURVE TO THE
RIGHT;
THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 02°37’02”,AN ARC DISTANCE OF 95.01 FEET,(HAVING A
CHORD BEARING OF NORTH 76°21’10"EAST,A DISTANCE OF 95.00
FEET)TO A POINT 80.00 FEET LEFT OF “HES”STATION CB
101+72.78;
THENCE SOUTH 58°14’55”EAST 43.46 FEET TO A POINT 50.00 FEET
LEFT OF “HES”STATION CB 102+03.23,SAID POINT BEING ON THE
ARC OF A 2,050.00 FOOT RADIUS NON-TANGENT CURVE TO THE
RIGHT;
THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 10°35’56”,AN ARC DISTANCE OF 379.22 FEET,(HAVING A
CHORD BEARING OF NORTH 83°49’59”EAST,A DISTANCE OF 378.68
FEET)TO A POINT 50.00 FEET LEFT OF “HES”STATION CB
105+73.20;
THENCE NORTH 89°07’57"EAST 235.24 FEET TO A POINT 50.00
FEET LEFT OF “HES”STATION CB 108+08.44;
THENCE NORTH 44°07’54”EAST 42.43 FEET TO A POINT 80.00 FEET
LEFT OF “HES”STATION CB 108+38.43;
THENCE NORTH 89°07’57”EAST 60.00 FEET TO A POINT 80.00 FEET
LEFT OF “HES”STATION CB 108+98.43;
THENCE SOUTH 45°52’06”EAST 42.43 TO A POINT 50.00 FEET LEFT
OF “HES"STATION CB 109+28.44;
THENCE NORTH 89°07’57”EAST 417.46 FEET TO A POINT 50.00
FEET LEFT OF “HES”STATION CB 113+45.90;
Page 88 of 126
Page 89 of 126
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When recorded return to:
Dan Hultgrenn
P.O.Box 2368
Pasco,WA 99302
Brief legal:Ptn of Section 13 Township 9 North,Range 29 EWM,Franklin County,Washington.
Addiitonal Legal on pages 1 and 2
Assessor’s Parcel No.:Ptn 117-010-010
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement between the PORT OF PASCO,a
Washington municipal corporation,hereinafter called “Grantor”,and the CITY OF
PASCO,a Washington municipality,hereinafter called “Grantee",is made this
day of March,2020.
RECITALS
A.Grantor owns of record certain real property located in Franklin
County,Washington,and legally described as:
REAL PROPERTY SITUATED IN THE CITY OF PASCO,FRANKLIN
COUNTY,WASHINGTON,LYING IN THE SOUTHEAST QUARTER OF
SECTION 13,TOWNSHIP 9 NORTH,RANGE 29 EAST,OF THE
WILLAMETTE MERIDIAN,LYING NORTHERLY OF THE CB LINE AS
SHOWN ON SURVEY OF WEST ARGENT ROAD FOR THE CITY OF
PASCO,PER RECORD OF SURVEY RECORDED IN VOLUME 2 OF
SURVEYS,PAGE 189,RECORDS OF SAID COUNTY AND LYING
SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT 60.00 FEET LEFT OF HIGHWAY ENGINEER’S
STATION (HEREINAFTER REFERRED TO AS "HES")CB 101+92.92,SAID
POINT BEING ON AN ARC OF A 2,060.00 FOOT RADIUS NON-TANGENT
CURVE TO THE RIGHT;
Temporary Construction Easement -1
Page 90 of 126
Page 91 of 126
Page 92 of 126
Page 93 of 126
AGENDA REPORT
FOR: City Council August 25, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
9/8/20
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: *Professional Services Agreement - Schlagel Park/Pasco Boat Basin
I. REFERENCE(S):
Professional Services Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Professional Services Agreement for project design
services for the Schlagel Park/Pasco Boat Basin Project with MacKay Sposito in the
amount of $311,546.48 and further, authorize the City Manager to execute the
Professional Services Agreement.
III. FISCAL IMPACT:
Design Proposal Cost $311,546.48
PROJECT FUNDING
RCO Grant $660,898
City Match (26%) - CIP REET (1) $235,000
Total Funding $895,898
The $235,000 for the City match has been allocated through the Capital Improvement
REET Fund (1). Initial budgeting for improvements has been conducted at a conceptual
level. Estimated project costs may alter through design, estimation for construction,
regulatory requirements, or alterations in the field.
IV. HISTORY AND FACTS BRIEF:
Pasco Boat Basin is owned by the U.S. Army Corps of Engineers (USACE), and leased
by the City of Pasco through a long term lease for use by the public. The City has a
sub-lease with a contractor, Columbia Marine Center, to manage the marina, a boat
Page 94 of 126
repair facility, and boat moorage.
The property includes a three (3) acre park (Schlagel) with a boat launch, which is
maintained by the City. The park restroom has been closed for the last twenty (20)
years due to its degraded state and lack of funding and lack of a comprehensive site
plan. Currently, recreational users are limited to an on-site portable restroom. The
launch and dock were last upgraded in 1975. The easterly portion of the launch was
closed in 2015 due to ramp integrity failures caused by tree roots. Aside from its
condition, the dock is in need of replacement as it was designed for another time and
for far less traffic. As designed, the facility no longer meets current and future needs,
and does not afford accessibility to disabled persons.
The 2018-2024 CIP includes a project to demolish and install a new restroom, redesign
and improve the parking lot to a more boat-trailer friendly facility, and construction of
a and needs future and current improve to designed launch boat new address
accessibility. These planned upgrades are intended to compliment recent improvements
within the vicinity, e.g. the new covered boat dock at the marina and the future plans
such as the the Port of Pasco improvements at Osprey Point, planned Marine Terminal
improvements Once Park. Schlagel to trail the of connection and Sacajawea
implemented, these combined improvements will improve the quality of life not only
for community members, but the regional community as well.
As part of this project, the City of Pasco was awarded a state RCO grant of $660,839 in
2019. Obtaining state funding for the project greatly improves the City's ability to
complete the project.
The design project for Schlagel Park/Pasco Boat basin represents the realization of a
significant part of the detailed concepts planned to improve the waterfront. This
improvement will greatly benefit the area and provide a modern facility to accompany
the only marina along the Pasco shoreline.
V. DISCUSSION:
A Request for Proposals for Project Design was issued on May 13, 2020 and closed
May 29, 2020, receiving three (3) proposals. After a committee review of all three (3)
proposals, the scoring of the reviews resulted in the selection of MacKay Sposito for
project design services.
Page 95 of 126
Professional Services Agreement – MacKay Sposito
Schlagel Park/Pasco Boat Basin Design Page 1 of 9
PROFESSIONAL SERVICES AGREEMENT
Schlagel Park/Pasco Boat Basin Design
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as “City”, and MacKay Sposito, a Washington
Corporation, hereinafter referred to as “Consultant,” on this ____ day of _______________, 2020.
RECITALS
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
below requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills,
experience, equipment, and necessary capabilities, including: technical and professional expertise,
when required, to perform the services and/or tasks as set forth in this Agreement upon which the
City is relying.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
1.Scope of Services. The Consultant shall perform such services and accomplish such tasks,
including the furnishing of all labor, materials, facilities and equipment necessary for full
performance thereof, as identified and designated as Consultant’s Responsibilities
throughout this Agreement, and as more particularly described in Scope of Work detailed
in Exhibit ‘A’ attached hereto and incorporated herein (the “Project”).
2.Term. This Project shall begin on the execution date listed above and be completed
promptly.
3.Compensation and Payment.
3.1 Payment for services provided hereunder shall be made following the performance
of such services. Such payment shall be full compensation for work performed or
services rendered, and for all labor, materials, supplies, equipment, and incidentals
necessary to complete the Project.
3.2 No payment shall be made for any services rendered by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by
a written supplemental agreement approved by the City.
3.3 The City shall pay the Consultant for work performed under this Agreement upon
timely submitted invoices detailing work performed and expenses for which
reimbursement is sought. The City shall approve all invoices before payment is
issued. Payment shall occur within thirty (30) days of receipt and approval of an
invoice. DraftPage 96 of 126
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3.4 The City shall pay the Consultant for all work performed and expenses incurred
under this Agreement, as follows.
☒Fixed Sum: As outlined in Exhibit ‘B’.
4.Reports and Inspections.
4.1 The Consultant at such times and in such forms as the City may require, shall
furnish to the City such statements, records, studies, surveys, reports, data, and
information as the City may request pertaining to matters covered by this
Agreement.
4.2 The Consultant shall, at any time during normal business hours and as often as the
City or the Washington State Auditor may reasonably deem necessary, make
available for examination all of its records and data with respect to all matters
covered, directly or indirectly, by this Agreement and shall permit the City, or its
designated authorized representative to audit and inspect other data relating to all
matters covered by this Agreement. The City shall receive a copy of all audit
reports made by the agency or firm as to the Consultant’s activities. The City may,
at its discretion, conduct an audit at its expense, using its own or outside auditors,
of the Consultant’s activities which relate, directly or indirectly, to this Agreement.
Consultant shall be provided a copy of such reports.
4.3 The Consultant, during the term of this Agreement, shall obtain all permits and
registration documents necessary for the performance of its work and for the
execution of services at its own expense, and shall maintain its validity. Upon
request, the Consultant shall deliver to the City copies of these licenses, registration
documents, and permits or proof of their issuance or renewal.
4.4 Consultant shall maintain books, records and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
Agreement, and shall maintain such accounting procedures and practices as may be
necessary to assure proper accounting of all funds paid pursuant to this Agreement.
These records shall be subject, at all reasonable times, to inspection, review, or
audit as provided above.
4.5 The Consultant shall retain all books, records, documents or other material relevant
to this Agreement for three (3) years after its expiration. Consultant agrees that the
City, or its designee, shall have full access and right to examine any of said
materials at all reasonable times during this period.
5.Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings and documents
made, collected, or prepared by the Consultant for performing the services subject
to this Agreement, as well as any final product, collectively referred to as “work
product,” shall be deemed as the exclusive property of the City, including copyright DraftPage 97 of 126
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as secured thereon. Consultant may not use them except in connection with the
performance of the services under this Agreement or with the prior written consent
of the City. Any prior copyrighted materials owned by the Consultant and utilized
in the performance of the services under this Agreement, or embedded in with the
materials, products and services provided thereunder, shall remain the property of
the Consultant subject to a license granted to the City for their continued use of the
products and services provided under this Agreement. Any work product used by
the Consultant in the performance of these services which it deems as
“confidential,” “proprietary,” or a “trade secret” shall be conspicuously designated
as such.
5.2 In the event of Consultant’s default, or in the event that this Agreement is
terminated prior to its completion, the work product of the Consultant, along with
a summary of the services performed to date of default or termination, shall become
the property of the City, and tender of the work product and summary shall be a
prerequisite to final payment under this Agreement. The summary of services
provided shall be prepared at no additional cost, if the Agreement is terminated
through default by the Consultant. If the Agreement is terminated through
convenience by the City, the City agrees to pay Consultant for the preparation of
the summary of services provided.
6.Public Records.
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW
“Public Records Act.” All preliminary drafts or notes prepared or gathered by the
Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or public citation by the City in connection with City action.
6.2 If the Consultant becomes a custodian of public records of the City and request for
such records is received by the City, the Consultant shall respond to the request by
the City for such records within five (5) business days by either providing the
records, or by identifying in writing the additional time necessary to provide the
records with a description of the reasons why additional time is needed. Such
additional time shall not exceed twenty (20) business days unless extraordinary
good cause is shown.
6.3 In the event the City receives a public records request for protected work product
of the Consultant within its possession, the City shall, prior to the release of any
protected work product or as a result of a public records request or subpoena,
provide Consultant at least ten (10) business days prior written notice of the pending
release and to reasonably cooperate with any legal action which may be initiated
by the Consultant to enjoin or otherwise prevent such release.
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7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant. No
agent, employee, officer or representative of the Consultant shall be deemed to be
an employee, agent, officer, or representative of the City for any purpose, and the
employees of the Consultant are not entitled to any of the benefits or privileges the
City provides for its employees. The Consultant will be solely and entirely
responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City’s general rights of
inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not
limited to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
7.4 The City may, at its sole discretion, require the Consultant to remove any employee,
agent or servant from employment on this Project who, in the City’s sole discretion,
may be detrimental to the City’s interest.
8.Indemnification.
8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers,
officials, employees, and volunteers harmless from any and all claims, injuries,
damages, losses or suits including attorney fees, arising out of or resulting from the
acts, errors or omissions of the Consultant in performance of this Agreement,
except for injuries and damages caused by the sole negligence of the City.
8.2 However, should a court of competent jurisdiction determine that this Agreement
is subject to RCW 4.24.115, then, in the event of liability for damages arising out
of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Consultant, and the City, its officers, officials,
employees, and volunteers, the Consultant’s liability, including the duty and cost
to defend, hereunder shall be only to the extent of the Consultant’s negligence. It is
further specifically and expressly understood that the indemnification provided DraftPage 99 of 126
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herein constitutes the Consultant’s waiver of immunity under Industrial Insurance,
Title 51 RCW, solely for purposes of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
8.3 No liability shall attach to the City by reason of entering into this Agreement except
as expressly provided herein.
8.4 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Consultant’s delayed or failed performance of Section 6 above.
9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Consultant, its
agents, representatives, employees, or subcontractors. The Consultant’s maintenance of
insurance as required by the Agreement shall not be construed to limit the liability of the
Consultant to the coverage provided by such insurance, or otherwise limit the City’s
recourse to any remedy available at law or in equity.
9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and
coverage described below:
9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be at least as broad as Insurance Services
Office (ISO) form CA 00 01.
9.1.2 Commercial General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop-gap independent contractors and personal injury and
advertising injury. The City shall be named as an additional insured under
the Consultant’s Commercial General Liability insurance policy with
respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
9.1.3 Workers’ Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant’s profession.
9.2 Minimum Amounts of Insurance. Consultant shall maintain the following
insurance limits:
9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
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9.2.2 Commercial General Liability insurance shall be written with limits no less
than:
☒ $2,000,000 each occurrence; and
☒ $2,000,000 general aggregate;
9.2.3 Professional Liability insurance shall be written with limits no less than:
☒ $2,000,000 per claim; and
☒ $2,000,000 policy aggregate limit;
9.3 Other Insurance Provision. The Consultant’s Automobile Liability, Professional
Liability, and Commercial General Liability insurance policies are to contain, or be
endorsed to contain that they shall be primary insurance as respect the City. Any
insurance, self-insurance, or self-insured pool coverage maintained by the City
shall be excess of the Consultant’s insurance and shall not contribute with it.
9.3.1 The Consultant’s insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty (30) days prior written notice
by certified mail, return receipt requested, has been given to the City.
9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A: VII.
9.5 Verification of Coverage. Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including, but not
necessarily limited to, the additional insured endorsement, evidencing the insurance
requirements of the Agreement before commencement of the work.
9.6 Notice of Cancellation. The Consultant shall provide the City with written notice
of any policy cancellation within two (2) business days of their receipt of such
notice.
9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher
insurance limits than the minimums shown above, the City shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability
maintained by the Consultant, irrespective of whether such limits maintained by the
Consultant are greater than those required by this Agreement or whether any
certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Consultant.
9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the
City may, after giving five (5) business days notice to the Consultant to correct the
breach, immediately terminate the Agreement or, at its discretion, procure or renew
such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to the City on demand, or at the sole discretion of
the City, offset against funds due the Consultant from the City. DraftPage 101 of 126
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10. Nondiscrimination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory, mental
or physical handicap; provided that the prohibition against discrimination in employment
because of handicap shall not apply if the particular disability prevents the proper
performance of the particular worker involved. The Consultant shall ensure that applicants
are employed, and that employees are treated during employment in the performance of
this Agreement without discrimination because of their race, creed, color, national origin,
sex, marital status, age or the presence of any sensory, mental or physical handicap.
Consultant shall take such action with respect to this Agreement as may be required to
ensure full compliance with local, State and Federal laws prohibiting discrimination in
employment.
11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed
nor retained any company, firm, or person, other than a bona fide employee working
exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid
or agreed to pay any company, person or firm, other than a bona fide employee working
exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the City shall have the right to
terminate this Agreement.
12. Assignment and Subcontracting.
12.1 The City has awarded this Agreement to the Consultant due to its unique
qualifications to perform these services. The Consultant shall not assign (or
subcontract other than as specifically identified in Exhibit A) its performance under
this Agreement or any portions of this Agreement without the prior written consent
of the City, which consent must be sought at least thirty (30) days prior to the date
of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
Nondiscrimination; proper bidding procedures where applicable; and all local, State
and Federal statutes, ordinances and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement, must
have prior written approval by the City.
13. Termination.
13.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the other party no less than ten (10) business days written notice
in advance of the effective date of such termination. DraftPage 102 of 126
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13.2 Termination for Cause. If the Consultant fails to perform in the manner called for
in this Agreement, or if the Consultant fails to comply with any other provisions of
this Agreement and fails to correct such noncompliance within five (5) business
days of written notice thereof, the City may terminate this Agreement for cause.
Termination shall be effected by serving a notice of termination on the Consultant
setting forth the manner in which the Consultant is in default. The Consultant will
only be paid for services and expenses complying with the terms of this Agreement,
incurred prior to termination.
14. General Provisions.
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators; or
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
14.3.1 For the City: N. Zach Ratkai, or his/her designee
Administrative & Community Services Director
525 North 3rd Ave
Pasco WA 99301
ratkaiz@pasco-wa.gov
14.3.2 For the Consultant: Bryan Cole, or his/her designee
Director or Landscape Architecture
1110 Osprey Point Blvd, Suite 105
Pasco, WA 99301
bcole@mackaysposito.com
15.Dispute Resolution.
15.1 This Agreement has been and shall be construed as having been made and entered
into and delivered within the State of Washington and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of
Washington.
15.2 In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Project Administrators, or their designees,
shall first meet in a good faith effort to resolve such dispute. In the event the dispute DraftPage 103 of 126
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cannot be resolved by agreement of the parties, said dispute shall be resolved by
arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right
of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County,
Washington. The substantially prevailing party shall be entitled to its reasonable
attorney fees and costs as additional award and judgment against the other.
16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other similar event or
other provision of this Agreement.
17. Integration. This Agreement between the parties consists in its entirety of this document
and any exhibits, schedules or attachments. Any modification of this Agreement or change
order affecting this Agreement shall be in writing and signed by both parties.
18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
CITY OF PASCO, WASHINGTON MACKAY SPOSITO
Dave Zabell, City Manager Derrick Smith, President/CEO
ATTEST:
Debra C. Barham, City Clerk
APPROVED AS TO FORM:
Kerr Ferguson Law, PLLC, City Attorney DraftPage 104 of 126
Exhibit A
DraftPage 105 of 126
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Exhibit B
DraftPage 117 of 126
DraftPage 118 of 126
AGENDA REPORT
FOR: City Council September 1, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
9/8/20
FROM: Angela Pashon, Senior Management Analyst
Executive
SUBJECT: *Inclusion, Equity and Diversity Commission Chairperson Selection
I. REFERENCE(S):
Commission Charter
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Motion: I move to confirm Jeffrey Robinson as the chairperson for the Inclusion,
Diversity & Equity Commission.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The Inclusion, Diversity & Equity Commission (IDEC) was established by Council
through Resolution No. 3820, which also adopted a charter for IDEC. Article IV of the
IDEC charter provides; "The Commission Chairperson shall be selected by the City
Council...".
With recent City Council appointments, all IDEC positions are filled, however the
chairperson position has yet to be determined. IDEC resumed meeting in August with
the recent appointments and flexibility provided through changes to Governor Inslee's
Stay Home, Stay Healthy order and restrictions on public meetings.
IDEC's August 10 meeting was held virtually, at which the Commissioners present
(five of seven) unanimously agreed to forward their recommendation of Commissioner
Jeffrey Robinson as Chairperson for City Council consideration.
The IDEC has identified a meeting occurrence that will not conflict with City Council
or other public meetings, the next meeting will be held Wednesday, September 16 at
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6:00 PM. The City Council will receive a detailed report from the IDEC in October.
V. DISCUSSION:
Staff requests discussion and selection of the IDEC chairperson.
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CHARTER OF THE
PASCO INCLUSIVITY COMMISSION
ARTICLE I
Establishment and Name
Section 1.0 —Establishment. By Resolution No. 3820, the Pasco City Council has provided for
the establishment of the Pasco Inclusivity Commission hereinafter referred to as the
Commission."
ARTICLE II
Mission and Goals of Commission
Section 2.1 —Mission. The primary mission of the Pasco Inclusivity Commission is to assist the
Pasco City Council in promoting inclusivity in Pasco. The Commission shall conduct such
activities, including public meetings, to identify means to promote and embrace diversity and
inclusivity and to make such recommendations to the City Council for action, education, and
guidance to foster an environment that includes, accepts, respects and appreciates all members of
our community. The Commission will be an advisory board to the City Council.
Section 2.2 — Goals and Work Plan. The goals and work plan of the Pasco Inclusivity
Commission are as follows:
1. Develop a working plan and procedures in accordance with this Charter.
2. Examine the practices and procedures of the City of Pasco to identify strategies to
create a greater feeling of inclusion and welcoming for all who live and work in
Pasco.
3. Engage with Pasco residents, interest groups, and businesses, seeking feedback on
their experiences that can improve life in Pasco.
4. Identify strategies that help the City to be more inclusive in engaging residents and
businesses that will better promote unity, equality and understanding in Pasco;
including the preparation of a report for the City Council on opportunities to
recognize and celebrate Pasco's diverse culture.
5. Identify funding strategies to implement these goals.
6. Present recommendations to the Pasco City Council on how to achieve the goals
above. Reports to the Council may be made as progress occurs; however, not less
than once per year.
Charter of the Pasco Inclusivity Commission
Page 2 Page 121 of 126
ARTICLE III
Duration
Section 3.0. The Commission shall continue in duration until February 20, 2020 unless
continuation of the Commission is extended by a majority vote of the Pasco City Council no less
than ninety (90) days prior to the date of expiration (November 20, 2019). If so extended, the
term shall be extended by such period as determined by the City Council.
ARTICLE IV
Commission Members
Section 4.1 — Selection, Vacancies and Voting. The Commission shall consist of seven (7)
voting members. The Mayor shall appoint the members of the Commission with confirmation of
the appointments by the Pasco City Council as follows:
1. The Commission Chairperson shall be selected by the City Council who shall conduct
the meetings of the Commission and report to the Pasco City Council as requested or
provided below.
2. A Vice-Chair selected by a majority of the Commission shall fulfill the duties of the
Chairperson in absence of the Chairperson.
3. Commission members shall be appointed for terms of one (1) year, and may be
subject to reappointment.
4. Vacancies on the Commission shall be filled for the unexpired term of the former
member. In accordance with PMC 2.58.010, Commission members may be removed
for incompetency, incompatibility, dereliction of duty, malfeasance in office,
inefficiency, neglect of duty, or for other good cause, and membership shall be
forfeited in the event the member has four (4) absences from regular meetings within
a twelve (12) month period of time, or absences for three (3) consecutive regular
meetings.
5. The majority rule shall control commission meetings with each member having a
single vote. Commission members may not assign or grant proxies for their voting
rights.
Section 4.2 —Liaison and Staff. The City Council may appoint a City Councilmember to serve
as a non-voting liaison to the Commission. The City Council may direct the City Manager to
appoint a staff advisor who shall serve as a non-voting liaison to the Commission.
Charter of the Pasco Inclusivity Commission
Page 3 Page 122 of 126
ARTICLE V
Meetings
Section 5.1 —Commission Meetings. The Commission shall meet as necessary,but not less than
once per month, at a date and time to be determined by the Commission. A quorum shall be
required for meetings where votes are scheduled to make recommendations to the City Council.
A quorum is not required to commence a workshop meeting of the Commission. A quorum shall
be no fewer than four members.
Section 5.2 — Open Public Meetings. All Commission Meetings shall be open to the public and
notice of meetings shall be given to the extent required by law in a manner consistent with the
Open Public Meetings Act, Chapter 42.30 RCW. At each meeting any person shall have a
reasonable opportunity to address the Commission either orally or in writing.
Section 5.3 — Parliamentary Authority. The rules of Robert's Rules of Order (revised) shall
govern the Commission in all cases to which they are applicable, where they are not inconsistent
with the Charter or with the special rules of the Commission.
Section 5.4 — Minutes. Copies of the minutes of all regular or special meetings of the
Commission shall be available to any person or organization that requests them as required by
state law. The minutes of all Commission meetings shall include a record of individual votes on
all matters voted on by the Commission.
ARTICLE VI
Amendments to Charter
Section 6.1 — Proposal to Amend Charter. Any Commission member may introduce a
proposed amendment to the Charter at any meeting of which proper advance notice has been
given to members of the Commission. The notice shall include the text of the proposed
amendment and a statement to its purpose and effect.
Section 6.2 — City Council Approval of Proposed Charter Amendments. Proposed Charter
Amendments adopted by the Commission shall be submitted to the City Council for approval.
The Commission Charter maybe amended only by action of the City Council.
CERTIFICATE
I, the undersigned, City Clerk of the City of Pasco, Washington (City) do hereby certify that this
Charter of the Pasco Inclusivity Commission is a true and correct original of such Charter as
authorized by action of the City Council on this 2nd day of April, 2018.
City Clerk of the City of Pasco, Washington
Charter of the Pasco Inclusivity Commission
Page 4 Page 123 of 126
RESOLUTION NO. 31 2-C
A RESOLUTION of the City of Pasco, Washington establishing an
Inclusivity Commission to provide recommendations to the City Council for
implementation by staff for City-wide inclusivity improvements.
WHEREAS,the City of Pasco has historically been the home for diverse cultures within our
region, creating its unique character and opportunities, as well as a source of pride for all who live
here; and
WHEREAS, the City Council of the City of Pasco desires to protect and encourage our
diverse culture, as well as to protect the constitutional rights of its citizens, including the right to be
free of discriminatory practices and the fair application of law and to demonstrate that Pasco is a
welcoming and inclusive City, where laws apply equally to all who live here, and where individuals,
families and businesses are welcome; and
WHEREAS,the City Council of the City of Pasco is honored to serve the entire community,
and seeks to provide equal protection to our residents and access to all of the City's services to those
that live here; and
WHEREAS, Article I, Section I of the Washington Constitution declares that "governments
derive their just powers from the consent of the governed,and are established to protect and maintain
individual rights"; and
WHEREAS, the Washington State Legislature has established the "Washington Law
Against Discrimination" which declares the "right to be free from discrimination because of race,
creed, color, national origin, sex, honorably discharged veteran or military status, sexual orientation,
or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or
service animal by a person with a disability is recognized as and declared to be a civil right";and
WHEREAS, the Pasco City Council, by oath, declares to uphold and support the
Constitution and laws of the State of Washington, and hereby reaffirms its support to do so for equal
benefit of all those who live here; and
WHEREAS,the Pasco City Council, to advise it in meeting these goals and responsibilities,
desires to create an ad hoc Inclusivity Commission;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES
RESOLVE AS FOLLOWS:
Section 1. Declaration of City Council. The City of Pasco is hereby declared to be an
Inclusive City, committed to embracing diversity and promoting equality among our work force,
residents, businesses, and visitors and, hereby establishes an ad hoc Inclusivity Commission to
provide recommendations to the City Council for implementation by staff for City-wide inclusivity
improvements.
Section 2. Establishment of Pasco Inclusivity Commission. The City Council hereby
establishes a citizen ad hoc commission to be known as the "Pasco Inclusivity Commission." The
City Council further directs the City Manager to develop a charter for the Pasco Inclusivity
Inclusivity Commission Resolution
Page I
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Commission to be submitted to the City Council for adoption within sixty(60)days of the date of the
passage of this Resolution.
Section 3. Mission of Inclusivity Commission. The primary mission of the Pasco
Inclusivity Commission is to assist the Pasco City Council in promoting inclusivity in Pasco. The
Commission shall conduct such activities, including public hearings, to identify means to promote
and embrace diversity and inclusivity and to make such recommendations to the City Council for
action, education, and guidance to foster an environment that includes, accepts, respects and
appreciates all members of our community.
Section 4. Selection of Inclusivity Commission. The Pasco Inclusivity Commission shall
consist of seven(7) voting members. The Mayor shall appoint the members of the commission with
confirmation of the appointments by the Pasco City Council as follows:
1. The Commission Chairperson shall be selected by the City Council who shall conduct the
meetings of the Commission and report to the Pasco City Council as requested or
provided below.
2. A Vice-Chair selected by a majority of the Commission shall fulfill the duties of the
Chairperson in absence of the Chairperson.
3. In appointing members of the Commission, the City Council will strive to select such
members to represent the general City population in age, gender, race, ethnicity, sexual
orientation and national origin.
4. The term for service shall be one(1)year,and may be subject to reappointment.
5. The commission members or vacancies shall be in accordance with PMC 2.58.010.
6. The majority rule shall control commission meetings with each member having a single
vote.
7. Commission members may not assign or grant proxies for their voting rights.
8. The City Council may appoint a City Councilmember to serve as a non-voting liaison to
the commission. The City Council may direct the City Manager to appoint a staff advisor
who shall serve as a non-voting liaison to the commission.
Section 5. The Commission. The requirements of the commission will be as follows:
1. Meet one time per month at the date and time determined by the commission, or more
often as may be necessary.
2. Develop a working plan and procedures in accordance with the Council adopted Charter.
3. Report to the City Council as progress occurs; however, not less than an annual report to
the City Council.
4. All Commission Meetings shall be open to the public.
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5. All Commission members must be residents who have lived within the Pasco City limits
for at least one(1)year, or have a currently licensed business,operating within the City.
6. The Commission will issue special reports at the request of the City Council at any time
during its sitting.
7. The Commission will be an advisory board to the City Council.
Section 6. Goals of Inclusivity Commission. The goals of the Pasco Inclusivity
Commission are as follows:
1. Examine the practices and procedures of the City of Pasco to identify strategies to create
a greater feeling of inclusion and welcoming for all who live and work in Pasco.
2. Engage with Pasco residents, interest groups, and businesses, seeking feedback on their
experiences that can improve life in our community.
3. Identify strategies that help the City to be more inclusive in engaging our residents and
businesses that will better promote unity,equality and understanding in Pasco.
4. Identify funding strategies to implement these goals.
5. Provide the City Council with a report on opportunities to recognize and celebrate
Pasco's diverse culture.
6. Present recommendations to the Pasco City Council on how to achieve the goals above.
Section 7. This Commission shall expire within twenty-four (24) months of the date of
this Resolution unless extended by a majority vote of the Pasco City Council no less than ninety(90)
days prior to the date of expiration. If so extended, the term shall be extended by such period as
determined by the City Council.
Section 8. Effective Date. This Resolution shall be effective upon approval.
PASSED by the City Council of the City of Pasco this 20th day of February, 2018.
CITY OF PASCO
041
Matt Watkins,Mayor
Tr ST:APPROVED AS TO FORM:
14(6 -11/lieted(77
Daniela City Clerk and). -rr, City Attorney
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