HomeMy WebLinkAbout2021.01.04 Council Remote Meeting Packet
AGENDA
Remote Regular Meeting
7:00 PM - Monday, January 4, 2021
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Page
1. CALL TO ORDER
2. REMOTE MEETING INSTRUCTIONS - 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, where the public is allowed to speak, 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 (562) 247-8422 and use access code
465-398-545.
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.
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.
5 - 13 (a) Approval of Meeting Minutes
To approve the minutes of the Pasco City Coun cil remote Meeting
held on December 7, 2020.
Page 1 of 164
14 - 15 (b) Bills and Communications
To approve claims in the total amount of $7,451,712.37
($4,662,780.25 in Check Nos. 238963-239441; $596,704.96 in
Electronic Transfer Nos. 830179-830269, 830292-830324, 830330-
830458, 830462, 830465; $23,861.25 in Check Nos. 53486 -53503;
$2,164,792.85 in Electronic Transfer Nos. 30155265-30156288;
$3,573.06 in Electronic Transfer No. 738-739, 745).
(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
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
16 - 39 (a) *Ordinance - Story Family Rezone RS-20 to R-1 (Z 2020-006)
MOTION: I move to adopt Ordinance No. 4513, rezoning a parcel
located at 4011 Road 96 from RS-20 to R-1, and further, authorize
publication by summary only.
40 - 58 (b) *Ordinance - Repeal and Replace Ordinance No. 4331 (ZD 2016 -
003)
MOTION: I move to repeal Ordinance No. 4331 and adopt Ordinance
No. No. 4331A to correct the legal description of the R -S-1 and R-1
zoning districts for a parcel of land located north of Burns Road and
west of Broadmoor Boulevard, and further, authorize publication by
summary only.
59 - 127 (c) *Resolution - Communication Site License Agreement with AT&T
(Water Tower)
MOTION: I move to approve Resolution No. 4022, for the revised
Communication Site License Agreement with New Cingular Wireless
PCS, LLC (AT&T) and further authorize the City Manager to execute
the revised Agreement.
128 - 130 (d) *Resolution - Accept Work - City Hall Remodel Phase 2
MOTION: I move to approve Resolution No. 4023, accepting work
performed by Booth and Sons LLC, for the City Hall Remodel Project
Phase 2.
Page 2 of 164
131 - 138 (e) *Resolutions - Ratify Emergency Orders Related to COVID-19
MOTION: I move to approve Resolution No. 4024, ratifying
Emergency Order No. 2020-004.2, relating to extending temporary
expansion of administrative paid leave for City of Pasco staff.
MOTION: I move to approve Resolution No. 4025, ratifying
Emergency Order No. 2020-005.3, relating to extending temporary
change in leave policies.
9. UNFINISHED BUSINESS
10. NEW BUSINESS
139 - 143 (a) *DPDA Funding Agreement Extension
MOTION: I move to extend the 2020 Downtown Pasco Development
Authority Funding Agreement through March of 2021.
144 - 146 (b) *Bid Award - Chapel Hill Park Construction
MOTION: I move to award the bid for construction of Chapel Hill Park
to Total Site Services in the amount of $728,006.05, including
Washington State Sales Tax, and further authorize the City Manager
to execute the contract documents.
147 - 157 (c) *Option to Resume Partial In-Person Public Meetings
11. MISCELLANEOUS DISCUSSION
158 - 161 (a) *Memorandum Submitted by Councilmember Serrano
12. EXECUTIVE SESSION
13. ADJOURNMENT
14. ADDITONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
162 - 164 (b) Adopted 2020-2021 Council Goals (Reference Only)
(c) Reminders
Page 3 of 164
• Thursday, January 7, 5:30 PM: Parks & Recreation
Advisory Board – GoToMeeting (COUNCILMEMBER
DAVID MILNE, Rep.; MAYOR SAUL MARTINEZ, Alt.)
• Monday, January 11, 11:45 AM: Pasco Chamber of
Commerce Membership Luncheon - Virtual Meeting
• Monday, January 11, 6:00 PM: Old Fire Pension Board
Meeting – GoToMeeting (MAYOR SAUL MARTINEZ, Rep.;
MAYOR PRO TEM BLANCHE BARAJAS, Alt.)
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por
favor avisa la Secretaria Municipal dos días antes para
garantizar la disponibilidad. (Spanish language interpreter
service may be provided upon request. Please provide two
business day's notice to the City Clerk to ensure availability.)
Page 4 of 164
AGENDA REPORT
FOR: City Council December 30, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
1/4/21
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Approval of Meeting Minutes
I. REFERENCE(S):
12.7.20 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Coun cil remote Meeting held on
December 7, 2020.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 164
MINUTES
Remote Regular Meeting
6:00 PM - Monday, December 7, 2020
GoToWebinar
REMOTE MEETING INSTRUCTIONS
Governor Inslee's Proclamation No. 20-28.11, 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, December 7, 2020, zero (0) requests to speak were received.
CALL TO ORDER
The meeting was called to order at 6:00 PM by Saul Martinez, Mayor.
ROLL CALL
Councilmembers present: Ruben Alvarado (arrived at 6:55 PM), Craig
Maloney, Saul Martinez, David Milne, Zahra Roach.
Councilmembers absent: Blanche Barajas.
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City
Manager; Colleen Chapin, Human Resources Director; Craig Briggs,
Acting City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative
& Community Services Director; Ken Roske, Police Chief; Richa Sigdel,
Finance Director; Rick White, Community & Economic Development
Director; Steve Worley, Public Works Director; and Debby Barham, City
Clerk.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA
Approval of Meeting Minutes
Page 1 of 8 Page 6 of 164
To approve the minutes of the Pasco City Council Remote Workshop
Meeting and Remote Regular Meeting held on November 16, 2020,
Remote Special Meeting and Remote Workshop held on November 23,
2020.
Bills and Communications
To approve claims in the total amount of $5,179,271.14 ($4,051,638.31
in Check Nos. 238530-238962; $316,907.92 in Electronic Transfer Nos.
829959-830013, 830018-830039, 830051-830090, 830092, 830095-
830132, 830135-830178; $15,853.29 in Check Nos. 53474-53495;
$791,581.08 in Electronic Transfer Nos. 30154751-30155264;
$3,290.54 in Electronic Transfer No. 731).
Ordinance - PMC Amendment Section 3.15.010 - TPA Rate Change
To approve Ordinance No. 4507, authorizing a change in special lodging
assessment to three dollars per night and, further, authorize publication
by summary only.
Renewal Agreement with Visit Tri-Cities for the Promotion of
Tourism Management
To approve the Renewal Agreement with Visit Tri-Cities for the
management of the Promotion of Tourism and, further, authorize the
City Manager to execute the agreement.
Resolution - Ratify Emergency Order Related to COVID-19
To approve Resolution No. 4016, ratifying Emergency Order 2020-
001.1, relating to extending temporary sign usage within the Pasco
Municipal Code.
December 2020 Council Meeting Cancellations
To approve the cancellation of the December 14 and 28 Council
Workshop Meetings and December 21 Council Regular Meeting.
Inclusion, Diversity & Equity Commission Appointment
To confirm the Mayor's appointment of Carly Coburn to the Inclusion,
Diversity & Equity Commission to Position No. 7 with a term ending on
December 31, 2021.
General Fund Monthly Report - October 2020
Informational Item only - no action needed.
Resolution - Segregation of Local Improvement District (LID)
Page 2 of 8 Page 7 of 164
Assessment
To approve Resolution No. 4017, relating to Local Improvement District
No. 150; providing for the segregation of assessments for certain
parcels consistent with RCW 35.44.410; and, ratifying and confirming
prior acts.
MOTION: Mr. Maloney moved to approve the Consent Agenda as read.
Mr. Serrano seconded. Motion carried unanimously by Roll Call vote.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Mayor Martinez announced that he recently met with three legislative
officials and the City's lobbyist, Briahna Murray, to discuss the City of
Pasco's 2021 Legislative Priorities. He also commented on a video he
participated in with other local officials addressing the need for the
Governor Inslee to loosen restrictions on indoor dining in Benton and
Franklin Counties
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO
Ordinances - 2019-2020 Budget Supplement
Ms. Sigdel provided a brief overview of the two proposed budgets'
supplements.
Mayor Martinez declared the Public Hearing open to consider the
proposed 2019-2020 Operating and Capital Projects Budgets'
Supplements. Following three calls for comments, and there being none,
Mayor Martinez declared the Public Hearing closed.
MOTION: Mr. Maloney moved to adopt Ordinance No. 4508, amending
the 2019-2020 Biennial Operating Budget of the City of Pasco by
providing supplement thereto; by appropriating revenue received in
excess of estimated revenues for the current year and by providing
transfers and adjustment authority and, further, authorize publication by
summary only. Ms. Roach seconded. Motion carried unanimously.
Mr. Serrano asked a question regarding the school impact fees and Ms.
Sigdel provided an explanation.
MOTION: Mr. Maloney moved to adopt Ordinance No. 4509, amending
the 2019-2020 Biennial Capital Budget of the City of Pasco by providing
supplement thereto; and, further, authorize publication by summary only.
Ms. Roach seconded. Motion carried unanimously.
Page 3 of 8 Page 8 of 164
Ordinances - 2021-2022 Operating & Capital Projects' Budgets -
Second Readings and Passage
Ms. Sigdel announced there were no changes since they were
presented at previous meetings.
Mayor Martinez declared the Public Hearing open to consider the
proposed 2021-2022 Operating and Capital Projects' Budgets second
readings and passage. Following three calls for comments, and there
being none, Mayor Martinez declared the Public Hearing closed.
MOTION: Mr. Maloney moved for the second reading and adoption of
Ordinance No. 4503, for consideration of the City of Pasco Biennial
Operating Budget for 2021-2022 and, further, authorize publication by
summary only. Mr. Milne seconded. Motion carried unanimously.
MOTION: Mr. Maloney moved for the second reading and ado ption of
Ordinance No. 4504, for consideration of the City of Pasco Biennial
Capital Projects Budget for the Year 2021-2022 and, further, authorize
publication by summary only. Mr. Serrano seconded. Motion carried
unanimously.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Ordinances - Administrative/Professional and Management Wage
and Salary Plans
Mr. Zabell introduced the proposed 2021 Wage and Salary Plans for the
non represented staff (administrative/professional) and management
staff, which included a 1.5% COLA, as well as a one -percent (1%) City
contribution to the employees 457 deferral plan.
Ms. Chapin shared stories of staff exiting the City of Pasco, as well as
the City not securing new staff was in large part due to lack of a City
contribution to the employees 457 deferral plan.
Mr. Maloney and Mayor Martinez expressed support for the proposed
increases and addition to the City's contribution to the employees 457
deferral plan.
MOTION: Mr. Maloney moved to adopt Ordinance No. 4510, providing
for certain adjustments in the Administrative/Professional, Exempt and
Non-Exempt wage plan beginning January 10, 2021 (1st full pay period
of 2021) and, further, authorize publication by summary only. Ms. Roach
seconded. Motion carried unanimously.
Page 4 of 8 Page 9 of 164
MOTION: Mr. Maloney moved to adopt Ordinance No. 4511, providing
for certain adjustments in the Management salary plan beginning
January 10, 2021 (1st full pay period of 2021) and, further, authorize
publication by summary only. Mr. Milne seconded. Motion carried
unanimously.
Resolutions - Extending Interfund and Intrafund Loans
Ms. Sigdel explained the purpose of extending an interfund loan, as well
as an intrafund loan.
Ms. Roach asked if there was any chance that the grants will not be
received and Mr. Worley confirmed that the City is on line for receiving
the grants; however, there is no guarantee.
MOTION: Mr. Maloney moved to approve Resolution No. 4018,
authorizing the extension of interfund loan repayment from the General
Fund to the City's Marina Fund and allowing all necessary budget
adjustments. Mr. Serrano seconded. Motion carried unanimously.
MOTION: Mr. Maloney moved to approve Resolution No. 4019,
authorizing the extension of intrafund loan repayment from the Water
Utility to the Process Water Reuse Facility Utility and allowing all
necessary budget adjustments. Ms. Roach seconded. Motion carried
unanimously.
Resolution - Bid Award for the Northwest Area Sewer LID Project
Mr. Worley introduced Ms. Serra who provided a brief overview of bid
opening and bid award to Big D's Construction of Tri-Cities, Inc.
Mr. Serrano asked if there will be many change orders with bidder due
to the low bid. Ms. Serra noted the array of considerations that staff
reviewed.
MOTION: Mr. Maloney moved to approve Resolution No. 4020,
awarding the Northwest Area Sewer LID No. 151 project to Big D's
Construction of Tri-Cities, Inc., of Pasco, Washington in the amount of
$1,726,860.55, including Washington State Sales Tax, and further
authorize the City Manager to execute the contract documents. Ms.
Roach seconded. Motion carried unanimously.
Resolution - COVID-19 Response
Mr. Zabell listed a number of actions that Council and the City have
taken to date in response to the COVID-19 pandemic. He noted that the
City and its residents and businesses transitioned from reactive
responses to strategic planning over the past several months. Lastly,
Page 5 of 8 Page 10 of 164
Mr. Zabell referenced the seven principles contained in the proposed
resolution affirming Council's statement in response to COVID-19.
Council discussion ensued regarding the COVID-19 pandemic and how
the City has responded to it, as well as how to continue to assist the
community during this on-going crisis.
Mr. Alvarado arrived to the meeting at 6:55 PM.
MOTION: Mr. Maloney moved to approve Resolution No. 4021,
declaring City Council statement on COVID-19 response. Mr. Serrano
seconded. Motion carried unanimously.
UNFINISHED BUSINESS
Ordinance - Amend PMC 6.05.010 Definitions - Potentially
Dangerous Animal
Mr. Ratkai provided a brief report related to the proposed amendments
to Section 6.05.010 of the Pasco Municipal Code.
Council and staff briefly discussed the proposed amendments.
MOTION: Mr. Maloney moved to adopt Ordinance No. 4512, amending
the Pasco Municipal Code, Section 6.05.010, "Definition of Terms," and,
further, authorize publication by summary only. Mr. Milne seconded.
Motion carried unanimously.
NEW BUSINESS
2021-2022 Collective Bargaining Agreement with International
Association of Firefighters (IAFF), Local No. 1433
Mr. Zabell introduced the proposed 2021 -2022 Collective Bargaining
Agreement with the International Association of Firefighters (IAFF),
Local No. 1433.
Ms. Chapin provided details of negotiations.
Council briefly discussed the proposed Collective Bargaining Agreement
with IAFF, Local No. 1433.
MOTION: Mr. Maloney moved to approve the Collective Bargaining
Agreement with the IAFF, Local No. 1433, for years 2021 - 2022 and,
further, authorize the City Manager to execute the agreement. Mr.
Alvarado seconded. Motion carried unanimously.
Personal Services Agreement for Animal Control Services
Page 6 of 8 Page 11 of 164
Mr. Ratkai reported that the current Animal Control and Animal Shelter
Management Services will not be renewing their contract, which expires
December 31, 2020. Three (3) bids were received and reviewed by the
Animal Control Authority and staff is recommending that Neo's Nation be
awarded the new personal services agreement.
Mr. Maloney asked is there anything within the contract that has caused
the current contractor from not renewing the Animal Control Services.
Mr. Ratkai stated that there was nothing within the contract that he was
aware of that caused the current contractor to not renew their contract.
MOTION: Mr. Maloney moved to approve Personal Services Agreement
with Neo's Nation for professional animal control and shelter
management services and further, authorize the City Manager to
execute the agreement subject to modifications. Ms. Roach seconded.
Motion carried unanimously.
Professional Services Agreement - PACE Engineering, Columbia
East Pump Station and Force Main - Amendment No. 5
Mr. Worley provided an overview of the proposed amendment No. 5 to
the PACE Engineering contract for the Columbia East Pump Station and
Force Main project.
MOTION: Mr. Maloney moved to approve Amendment No. 5 for the
Professional Services Agreement with PACE Engineering for the
Columbia East Force Main and Lift Station Project, and further,
authorize the City Manager to execute the agreement. Ms. Raoch
seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION
Mr. Zabell expressed appreciation to Council for starting the meeting an
hour early. Mr. Zabell reflected on the past year amidst the unforeseen
COVID-19 pandemic. December 7 and Pearl Harbor - millions died and
yet humanity survived and Pasco will get through the COVID-19
pandemic. Lastly, Mr. Zabell thanked Council for their leadership during
this challenging year.
Mr. Maloney expressed appreciation to Council, staff and Pasco's
residents through the year.
Mr. Milne also expressed appreciation to staff and Council and looks
forward to the time when Council can meet in-person again.
Mr. Alvarado expressed appreciation to Council and specifically Mayor
Martinez while dealing with recent passing of his parent. He wished all a
Page 7 of 8 Page 12 of 164
Merry Christmas and Happy New Year.
Ms. Roach expressed sympathy to Mr. Alvarado for his loss and she
commented on the recent loss of a family member to COVID -19. She
then reflected on the past year when she started on Council and all that
has transpired since then.
Mr. Serrano noted that 2020 has been a challenging year and reminded
the community that Council is available and willing to listen to its
residents.
Mayor Martinez commented on the significance that COVID-19 has had
on the community, the nation and the entire world. He compared the
current situation with the turn of the century pandemic. He expressed
pride related to the respect that the City of Pasco residents, businesses
and City staff displayed on how they have handled the various
difficulties during this year with grace and caring.
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:50 PM.
PASSED and APPROVED this ____ day of ____________, 2021.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 8 of 8 Page 13 of 164
AGENDA REPORT
FOR: City Council December 31, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
1/4/21
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 01.04.21
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $7,451,712.37 ($4,662,780.25 in
Check Nos. 238963-239441; $596,704.96 in Electronic Transfer Nos. 830179 -
830269, 830292-830324, 830330-830458, 830462, 830465; $23,861.25 in
Check 53486Nos. -Nos. Transfer Electronic 53503; $2,164,792.85 in
30155265-30156288; $3,573.06 in Electronic Transfer No. 738-739, 745).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 14 of 164
REPORTING PERIOD:
January 4, 2021
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 238963-239441 53486-53503
Total Check Amount $4,662,780.25 $23,861.25 Total Checks 4,686,641.50$
Electronic Transfer Numbers 830179-830269 30155265-30156288 738-739
830292-830324 745
830330-830458
830462
830465
Total EFT Amount $596,704.96 $2,164,792.85 $3,573.06 $0.00 Total EFTs 2,765,070.87$
Grand Total 7,451,712.37$
Councilmember
100 1,261,700.22
110 22,928.02
120 0.00
130 0.00
140 46,578.88
142 0.00
145 3,059.72
150 67,864.87
160 24,131.63
165 19,528.47
166 23,603.59
170 1,285.89
180 2,465.16
188 18,994.43
189 0.00
190 10,814.71
191 14,583.33
192 0.00
194 2,441.46
195 326.58
196 HOTEL/MOTEL EXCISE TAX 12,714.03
245 0.00
367 1,960,273.48
410 1,046,810.38
510 26,758.79
515 100,329.34
520 70,967.08
619 0.00
630 1,492.00
690 2,712,060.31
GRAND TOTAL ALL FUNDS:7,451,712.37$
The City Council
December 3 - December 30, 2020
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
STREET OVERLAY
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described
herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager 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
4th day of January, 2021 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
ARTERIAL STREET
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
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
MEDICAL/DENTAL INSURANCE
OLD FIRE OPEB
FLEX
PAYROLL CLEARING
Page 15 of 164
AGENDA REPORT
FOR: City Council December 22, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
1/4/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *Ordinance - Story Family Rezone RS-20 to R-1 (Z 2020-006)
I. REFERENCE(S):
Proposed Ordinance
Report to Hearing Examiner Dated: 12/09/2020
Hearing Examiner Recommendation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. _____, rezoning a parcel located at 4011
Road 96 from RS-20 to R-1, and further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On December 9, 2020, the Hearing Examiner held a public hearing to consider a
request to rezone a parcel comprising approximately 6.55 Acres located at 4011 Road
96 (Parcel #118 080 014) from RS-20 (Suburban) to R-1 (Low Density Residential).
The site was annexed into the City in 2015 and zoning was assigned RS-20 (Ordinance
No. 4221) as part of said annexation. Ordinance No. 4221, which established the
zoning, restricted the rezoning of parcels included in the annexation for a period of five
years from the date of annexation. This restriction expired in June of 2020.
Following the conduct of the public hearing, the Hearing Examiner recommended
approval of the applicant's request for a rezone from RS-20 (Suburban) to R-1 (Low
Density Residential).
Page 16 of 164
V. DISCUSSION:
The Comprehensive Plan indicates the site is intended for low-density residential
development. According to the Comprehensive Plan, low-density residential
development means 2 to 5 dwelling units per acre.
The property is considered “infill” property as development has occurred around it.
Due to Pasco’s rapid population increase, developing the remaining infill properties
around the City has become crucial to accommodate future growth. A plat of
approximately 6.55 acres with around 29 residential lots will align with the goals and
policies of the Comprehensive Plan, which allows the proposed R-1 zoning designation
under the “Low Density Residential” designation of the site.
There was no written appeal of the Hearing Examiner's recommendation.
Page 17 of 164
Ordinance – Rezone Z 2020-006 - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
REZONING A PORTION OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF TOWNSHIP 9 NORTH, RANGE 29 EAST,
SECTION 17, LOCATED AT 4011 ROAD 96 (APN # 118 080 014), FROM RS-
20 (SUBURBAN) TO R-1 (LOW DENSITY RESIDENTIAL)
WHEREAS, the petitioner seeks to rezone a parcel located at 4011 Road 96; and
WHEREAS, a complete and adequate petition for change of zoning classification has been
received by the City and an open record hearing having been conducted by the Pasco Hearing
Examiner upon such petition on the 9th day of December, 2020; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that:
(A) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (B)
the effect of the proposal on the immediate vicinity is not materially detrimental and (C) there is
merit and value in the proposal for the community as a whole; the Hearing Examiner developed
findings which are hereby adopted by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map,
accompanying and being part of said Ordinance shall be and hereby is changed from RS-20
(Suburban) to R-1 (Low Density Residential) for the real property as shown in Exhibit A
attached hereto and described as follows:
A portion of the Southeast Quarter of the Northwest Quarter of Township 9 North,
Range 29 East, Section 17 described as follows: Commencing at the Southwest
corner of said Southeast Quarter of the Northwest Quarter, thence South 88°24’
Page 18 of 164
Ordinance – Rezone Z 2020-006 - 2
East along the centerline of said section 17,73.9 feet; thence North 2°26’ East,
296.58 feet to the Point of Beginning; thence continued North 2°26’ East, 595.64
feet to a point on a line 100 feet Southwesterly and parallel to the centerline of the
FCID canal where the point lies 75 feet East of the West line of said Southeast
Quarter; thence 100 feet southerly and parallel to said canal by following courses
and distance; South 65°21’ East, 213.84 feet, South 73°49’ East 281.37 feet, South
48°59’ East 213.57 feet; South 72°11’ East 10.24 feet; thence South 2°44’ West
302.58 feet; thence North 88°24’ West parallel to the centerline of said section 17,
646.68 feet to the Point of Beginning except the East 30 feet for County road (Parcel
#118 080 014).
Section 2. This Ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, this ______ day of _______________
2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published _____________________________
Page 19 of 164
Exhibit
A
140 280 --560
Feet
Item: Rezone from RS-20 to R-1
Applicant: STORY FAMILY FIVE LLC
File #: Z 2020-006
N'::::--c:--:-::=---.J
� SUNSETWINTHROP --==---___,<{ UNSET---1,0
840 1, 10 I Page 20 of 164
REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Remote
WEDNESDAY, December 9, 2020
6:00 PM
1
MASTER FILE #: Z 2020‐006
APPLICANT: Tim Story /Story Family Five, LLC
PO Box 2289
Richland, WA 99352‐0100
REQUEST: REZONE: Rezone the parcel addressed 4011 Road 96 (Parcel
#118 080 014) from RS‐20 (Suburban) to R‐1 (Low Density
Residential)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: A portion of the Southeast Quarter of the Northwest Quarter of Township 9 North, Range
29 East, Section 17 described as follows: Commencing at the Southwest corner of said Southeast
Quarter of the Northwest Quarter, thence South 88°24’ East along the centerline of said section
17,73.9 feet; thence North 2°26’ East, 296.58 feet to the Point of Beginning; thence continued
North 2°26’ East, 595.64 feet to a point on a line 100 feet Southwesterly and parallel to the
centerline of the FCID canal where the point lies 75 feet East of the West line of said Southeast
Quarter; thence 100 feet southerly and parallel to said canal by following courses and distance;
South 65°21’ East, 213.84 feet, South 73°49’ East 281.37 feet, South 48°59’ East 213.57 feet; South
72°11’ East 10.24 feet; thence South 2°44’ West 302.58 feet; thence North 88°24’ West parallel
to the centerline of said section 17, 646.68 feet to the Point of Beginning except the East 30 feet
for County road (Parcel #118 080 014).
General Location: 4011 Road 96, Pasco, WA 99301.
Property Size: Approximately 6.55 acres (285,435.03 square feet)
2. ACCESS: The parcel has access from Road 96 and Balfour Drive.
3. UTILITIES: Municipal water is available in Road 96 and sewer extends to the intersection of Balfour
Drive and Road 96.
4. LAND USE AND ZONING: The lot is zoned RS‐20 (Suburban) and is developed with an earth‐
sheltered single family dwelling unit, a garage, a pole building, and a horse shelter/lean‐to shed.
Surrounding properties are zoned and developed as follows:
NORTH: R‐1 Single Family Dwellings/FCID Canal R‐O‐W
EAST: RS‐20 Single Family Dwellings
SOUTH: RS‐20 Single Family Dwellings/pasture
WEST: RS‐12 Single Family Dwellings
5. Comprehensive Plan: The Comprehensive Plan indicates the site is intended for low‐density
residential development. According to the Comprehensive Plan, low‐density residential
development means 2 to 5 dwelling units per acre. The criteria for allocation under the future
land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages
Page 21 of 164
2
development of lands designated for low‐density residential uses when or where sewer is
available, the location is suitable for home sites, and there is a market demand for new home
sites. Policy H‐1‐E encourages the advancement of home ownership, and Goal H‐2 suggests the
City strive to maintain a variety of housing options for residents of the community. Goal LU‐2
encourages the maintenance of established neighborhoods and the creation of new
neighborhoods that are safe and enjoyable places to live.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based
on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and
other information, a threshold determination resulting in a Determination of Non‐Significance
(DNS) was issued for this project on November 20, 2020 under WAC 197‐11‐340(2).
ANALYSIS
Request
Tim Story, in behalf of Story Family Five, LLC, has applied to change the zoning designation of a 6.55‐acre
parcel addressed 4011 Road 96 from RS‐20 (Suburban) to R‐1 (Low Density Residential) to facilitate a
future subdivision of the property. Per PMC 25.30 (RS‐20 Suburban District), the minimum area of all
newly created parcels within this district is 20,000 square feet. Taking into consideration the right‐of‐way
remaining to be dedicated the parcel has a potential for approximately 10 house lots under the RS‐20
zoning designation; the R‐1 zoning district requires a 7,200 square‐foot minimum lot size, which translates
to approximately 29 building lots.
Site
The site consists of approximately 6.55 acres and is developed with an earth‐sheltered, single‐family
dwelling directly across from the intersection of Balflour Drive and Road 96. The site slopes downward to
the south.
History
The site was annexed into the City in 2015 (Ordinance 4222), and zoning was assigned RS‐20 (Ordinance
4221) as part of said annexation.
Ordinance 4221, which established the zoning, restricted the rezoning of parcels included in the
annexation for a period of five years from the date of annexation. This restriction expired in June of 2020.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria
are listed below as follows:
1. The date the existing zone became effective:
The current zoning classification was established in 2015 (Ordinance 4221). The County zoning designation
prior to the annexation was RS‐20.
2. The changed conditions, which are alleged to warrant other or additional zoning:
The property is considered “infill” property as development has occurred around it. Due to Pasco’s rapid
population increase, developing the remaining infill properties around the City has become crucial to
accommodate future growth. By rezoning the property to R‐1 which permits the creation of lots at a
greater density than RS‐20, the applicant may then develop the property with more single family homes
to serve the population.
Page 22 of 164
3
As well, the City is revising its Urban Growth Area (UGA) as part of the Comprehensive Plan Update. The
UGA update will likely be smaller than current projections for low‐density residential growth as developed
in the past would allow; as such, residential lots would be needed within the current UGA.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be
in the best interest of advancing public health, safety and general welfare of the community. The rezone
could lead to the creation of a single family residential subdivision providing housing and job opportunities
for Pasco residents.
The Comprehensive Plan designates the property “Low‐Density Residential.” As such, the site may be zoned
RS‐20, RS‐12, RS‐1, R‐1, or R‐1‐A. The Low‐Density Residential designation includes “Residential
development at a density of 2 to 5 dwelling units per acre.”
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
A change in zoning classification may ultimately result in the establishment of a single family residential
subdivision consistent with the Comprehensive Plan. The applicant’s end goal is to establish low density
housing similar in nature to developments to the north.
A plat of approximately 6.55 acres with around 29 residential lots will align with the goals and policies of
the Comprehensive Plan, which allows the proposed R‐1 zoning designation under the “Low Density
Residential” designation of the site.
5. The effect on the property owner or owners if the request is not granted:
The property owners would be able to subdivide and develop at a density of 10 low‐density residential
lots as opposed to around 29 with the rezone.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri‐City Herald on November 20, 2020.
2. Applicants are seeking to rezone 2217 Road 84 from RS‐20 (Suburban) to R‐1 (Low‐density
Residential).
3. The lot is approximately 6.55 acres.
4. The rezone is to facilitate future subdivision of the property.
5. The minimum area of all newly created parcels with the current zoning is 20,000 square feet Per
PMC 25.30 (RS‐20 Suburban District),.
6. R‐1 zoning permits 7,200‐square‐foot lots.
7. The site is developed with an earth‐sheltered single‐family dwelling, a garage, and a pole‐barn.
8. The site slopes toward the south.
9. The site was annexed into the City in 2015 (Ordinance 4222),
10. RS‐20 zoning was assigned at time of annexation (Ordinance 4221).
11. Ordinance 4221 restricted the rezoning of annexed parcels for five years from the annexation
date.
Page 23 of 164
4
12. The 5‐year rezoning restriction expired in June of 2020.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the hearing Examiner must develop findings of fact
from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as
follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The proposal is in accordance with the Comprehensive plan; The Comprehensive Plan indicates the site is
intended for low‐density residential development. According to the Comprehensive Plan, low‐density
residential development means 2 to 5 dwelling units per acre. The criteria for allocation under the future
land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands
designated for low‐density residential uses when or where sewer is available, the location is suitable for
home sites, and there is a market demand for new home sites. Policy H‐1‐E encourages the advancement
of home ownership, and Goal H‐2 suggests the City strive to maintain a variety of housing options for
residents of the community. Goal LU‐2 encourages the maintenance of established neighborhoods and the
creation of new neighborhoods that are safe and enjoyable places to live.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The Comprehensive Plan designates the property “Low‐Density Residential.” As such, the site may be zoned
RS‐20, RS‐12, RS‐1, R‐1, or R‐1‐A. The Low‐Density Residential designation includes “Residential
development at a density of 2 to 5 dwelling units per acre.”
3. There is merit and value in the proposal for the community as a whole.
The City is revising its Urban Growth Area (UGA) as part of the Comprehensive Plan Update. The UGA
update will likely be smaller than current projections for low‐density residential growth as developed in
the past would allow; as such, more residential lots are needed within the current UGA.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
No special conditions are proposed.
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,
the terms and conditions of such an agreement.
A concomitant agreement would not be required in this circumstance.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein that the parcel at 4011 Road 96,
described as A portion of the Southeast Quarter of the Northwest Quarter of Township 9 North, Range 29
East, Section 17 described as follows: Commencing at the Southwest corner of said Southeast Quarter of
the Northwest Quarter, thence South 88°24’ East along the centerline of said section 17,73.9 feet; thence
North 2°26’ East, 296.58 feet to the Point of Beginning; thence continued North 2°26’ East, 595.64 feet to
a point on a line 100 feet Southwesterly and parallel to the centerline of the FCID canal where the point
lies 75 feet East of the West line of said Southeast Quarter; thence 100 feet southerly and parallel to said
canal by following courses and distance; South 65°21’ East, 213.84 feet, South 73°49’ East 281.37 feet,
South 48°59’ East 213.57 feet; South 72°11’ East 10.24 feet; thence South 2°44’ West 302.58 feet; thence
Page 24 of 164
5
North 88°24’ West parallel to the centerline of said section 17, 646.68 feet to the Point of Beginning except
the East 30 feet for County road (Parcel #118 080 014), be rezoned from RS‐20 to R‐1.
Page 25 of 164
Page 26 of 164
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Looking North
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Looking East
Page 32 of 164
Looking South
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Looking West
Page 34 of 164
11 .. Pl�co Community Development Department
PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
DETERMINATION OF NON-SIGNIFICANCE
(Optional DNS Process)
Issuance Date: November 20, 2020
Project Name: Story Family Five, LLC Rezone
Project Number: SEPA2020-062 & 22020-006
Proponent: Aqtera Engineering, LLC
2705 St Andrews Loop, Suite C,
Pasco, WA 99301
Applicant:
(509)845-0208
Caleb Stromstad, PE
caleb@aqtera.com
Story Family Five, LLC
PO Box 2289, Richland, WA 99352-0100
{509) 634-6062
Todd Story
Description of Proposal: Rezone of one parcel {6.6-acre lot) from RS-20 to R-1 zoning in
anticipation of future residential development.
Location of Proposal: 4011 Road 96, Pasco, WA 99301 (Parcel #118 080 014) in Pasco,
Washington.
Lead Agency: City of Pasco
I
The City of Pasco, acting as lead agency for this proposal, has determined that it does not
have a probable significant adverse impact on the environment. An environmental impact
statement {EIS) is not required under RCW 43.21C.030{2)(c). This decision was made after
review of a completed environmental checklist and other information on file with the lead
agency. This information is available to the public on request. This DNS is issued after
using the optional DNS process in WAC 197-11-355. There is no further comment period
on the DNS. Appeals must be filed within 10 days of this determination.
Responsible Official: � )Ll � ..J
Rick White, Community & Economic Development Director
Address: PO Box 293, Pasco, WA 99301-0293
Page 35 of 164
Phone: (509) 545-3441
Appeals: You may appeal this determination of non-significance by submitting an appeal
to the address below no later than 10 days from issuance of this determination. The
appeal must be in written form, contain a concise statement of the matter being appealed
and the basic rationale for the appeal. A fee is required per the City's Fee Resolution.
Please note that failure to file a timely and complete appeal shall constitute a waiver of
all rights to an administrative appeal under City code. All comments or appeals are to be
directed to the City of Pasco Planning Department, PO Box 293, Pasco, WA, 99301, Attn:
Rick White.
Page 36 of 164
City of Pasco Hearing Examiner Page 1 of 3
Recommendation, Rezone, Z 2020-006
CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION
Story Family Five, LLC Rezone, Z 2020-006,
December 22, 2020
_______________________________________________
1. FINDINGS OF FACT
1.1 Proposal. Rezone a 6.55-acre parcel from RS-20 (Suburban) to R-1 (Low Density
Residential).
Location. 4011 Road 96, Pasco, WA 99301. Assessor No. 118-080-014.1
Applicant. Tim Story / Story Family Five, LLC, PO Box 2289, Richland, WA
99352-0100.
1.2 Site Characteristics and Use. The site is developed with an earth-sheltered
single-family home, a garage, a pole building, and a horse shelter/lean-to shed. The site slopes
down to the south.
1.3 Land Use Designations and Rezone Request. The Comprehensive Plan
designates the site as Low-Density Residential, which allows for R-1 zoning. Surrounding
zoning and land uses are:
North: R-1, single-family homes and FCID Canal ROW
East: RS-20, single-family homes
South: RS-20, single-family homes and pasture
West: RS-12, single-family homes
With the current RS-20 zoning, the minimum lot size of newly-created parcels is 20,000
square feet. Given the right-of-way remaining to be dedicated, the parcel has a potential for
approximately ten lots. The Applicant is seeking a rezone to R-1, which permits the creation of
lots at a minimum 7,200 square feet and would allow for a future potential 29 building lots.
1.4 SEPA. The Community and Economic Development Department (“Department”)
issued an unappealed Determination of Non-Significance.
1.5 Evidence Reviewed. The Examiner admitted the Department’s Staff Report,
which attached maps (overview, vicinity, use, zoning, and plan) and photographs of the
surrounding area. Except as revised, the Staff Report is incorporated into these findings.
1.6 Hearing. A properly noticed open record public hearing was held on December 9,
2020.2 Due to COVID-19 restrictions, the hearing was conducted remotely, with the Examiner,
Department, and Applicant calling in. Access information was available to the public to allow
1 The Staff Report contains the legal description.
2 Staff Report, p. 3; PMC 25.210.040. No notice concerns were raised.
Page 37 of 164
City of Pasco Hearing Examiner Page 2 of 3
Recommendation, Rezone, Z 2020-006
citizens to join via either a video link or telephone call-in. There were no reported technical
difficulties during the call or afterwards. However, in case any citizens who wished to comment
had difficulty calling in, the record was kept open through December 11. No additional written
comments were received. The Department summarized the proposal. There was no public
comment.
1.7 Utilities. Municipal water and sewer.
1.8 Access. Road 96 and Balfour Drive.
1.9 Rezone Considerations. A rezone to R-1 implements the Comprehensive Plan,
and is in accord with its goals and policies, which encourage development of lands designated
for low-density residential uses when or where sewer is available, the location is suitable for
home sites, and there is a market demand for new home sites. The possible future creation of 29
building lots on the parcel advances home ownership, contributes to a variety of housing options
for residents of the community, and encourages the maintenance of established neighborhoods as
safe and enjoyable places to live.
2. CONCLUSIONS
The Examiner issues a rezone recommendation based on whether:
(a) The proposal is in accord with the goals and policies of the Comprehensive
Plan;
(b) The effect of the proposal on the immediate vicinity will be materially
detrimental;
(c) There is merit and value in the proposal for the community as a whole;
(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.3
As the Findings detail, the rezone follows these criteria. The proposed zoning is
consistent with the Comprehensive Plan Land Use Map. Surrounding uses include single-family
residences. The rezone allows a density increase in keeping with Plan objectives to accommodate
planned growth within the City. There is no material detriment to the area. Due to the City's
existing regulatory structure and future project-level review, there is no need for a concomitant
agreement. The requested rezone meets the City’s rezone criteria.
3 PMC 25.210.060; PMC 2.50.080.
Page 38 of 164
Page 39 of 164
AGENDA REPORT
FOR: City Council December 23, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
1/4/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *Ordinance - Repeal and Replace Ordinance No. 4331 (ZD 2016-003)
I. REFERENCE(S):
Proposed Ordinance No. 4331A
August 18, 2016 PC Report
January 3, 2017 City Council Minutes
Ordinance No. 4331 (adopted January 2017)
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to repeal Ordinance No. 4331 and adopt Ordinance No. No. 4331A
to correct the legal description of the R-S-1 and R-1 zoning districts for a parcel of land
located north of Burns Road and west of Broadmoor Boulevard, and further, authorize
publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On August 18, 2016, the Planning Commission held a hearing to recommend zoning
for an annexed parcel of land located north of Burns Road and west of Broadmoor
Boulevard (ANX 2016-002 Barker Annexation.)
The Planning Commission recommended City Council zone the Barker Annexation
Area to R-S-1 and R-1.
On January 3, 2017, City Council adopted Ordinance No. 4331, assigning zoning to the
Barker Annexation Area as recommended by the Planning Commission . The motion
carried unanimously (See attached January 3, 2017, City Council Minutes).
Page 40 of 164
Unfortunately, while Exhibit #1, attached to the original ordinance, reflected the intent
and verbiage of the Planning Commission’s motion, the zoning legal description
contained in the ordinance did not.
V. DISCUSSION:
This error in the legal description was discovered recently with the submittal of a
preliminary plat application. The applicants also relied on the incorrect legal
description in Ordinance No. 4331 and filed a concurrent rezone request.
Due to the error in the legal description - the rezone is not necessary.
Staff recommends approval of an amended Ordinance (proposed Ordinance No.
4331A) that corrects the legal description to reflect the recommendation of the
Planning Commission and original motion by City Council.
Page 41 of 164
Ordinance - Corrected Legal - 1
ORDINANCE NO. 4331A
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, TO CORRECT
THE LEGAL DESCRIPTION OF THE R-S-1 AND R-1 ZONING DISTRICTS FOR
A PARCEL OF LAND LOCATED NORTH OF BURNS ROAD AND WEST OF
BROADMOOR BOULEVARD.
WHEREAS, on August 18, 2016, the Planning Commission of the City of Pasco concluded
a public hearing for developing a recommendation for the assignment of zoning to certain property;
in the event the property was incorporated within the City; and
WHEREAS, in that recommendation the Planning Commission recommended that the north
half of the annexed property be designated as R-S-1 (Suburban) zoning, and the south half of said
property be designated R-1 (Low-density Residential) zoning, as shown in the Planning Commission
minutes of August 18, 2016; and
WHEREAS, on January 3, 2017, Ordinance No. 4330 effectively annexed certain real
property to the City of Pasco; and
WHEREAS, the City Council accepted the recommendation of the Planning Commission, as
shown in the City Council Minutes of January 3, 2017; and
WHEREAS, on January 3, 2017, Ordinance No. 4331 assigned zoning for same real property
to the City of Pasco; and
WHEREAS, while Exhibit No. 1 attached to Ordinance No. 4331 showed the two separate
zoning districts as recommended by the Planning Commission and accepted by the City Council, the
legal description of the Ordinance did not reflect that recommendation; and
WHEREAS, it is the intent of the City to correct the legal description of Ordinance No. 4331
to reflect the recommendation of the Planning Commission to City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That City of Pasco Ordinance No. 4331 be herby repealed in its entirety; and
Section 2. That the following described area, situated in Franklin County, Washington to-
wit:
Beginning at the northwest corner of the southeast quarter of Section 6, Township 9 North,
Range 29 East, WM; Thence southerly along the west line of said quarter section to the north
line of the south half of the southeast quarter of Section 6, Township 9 North, Range 29 East;
Thence easterly along said line to the west right-of-way line of Broadmoor Boulevard, which
is the east section line of Section 6, Township 9 North, Range 29 East; Thence northerly along
said west right-of-way line of Broadmoor Boulevard to the intersection with the southerly
most point of Farm Unit 77, Irrigation Block 1; Thence north and west along the westerly
Page 42 of 164
Ordinance - Corrected Legal - 2
line of Farm Unit 77, Irrigation Block 1 to the intersection with the north line of the southeast
quarter of Section 6, Township 9 North, Range 29 East, WM; Thence westerly along said
north line to the point of beginning.
be and the same is hereby assigned R-S-1 (Suburban Residential) zoning as depicted in the map
attached hereto and labeled Exhibit A.
Section 3. That the following described area, situated in Franklin County, Washington to-wit:
Beginning at the northwest corner of the southeast quarter of Section 6, Township 9 North,
Range 29 East, WM; Thence southerly along the west line of said quarter section to the north
line of the south half of the southeast quarter of Section 6, Township 9 North, Range 29 East
and the true point of beginning;
Thence southerly along the southerly projection of the west line of said quarter section to the
intersection with the south right-of-way line of Burns Road; Thence easterly along the south
right-of way line of Burns Road to the intersection with the southerly projection o f the west
line of the southeast quarter of the southeast quarter of Section 6, Township 9 North, Range
29 East, WM; Thence northerly along said projection to the intersection with the north right-
of-way line of Burns Road; Thence northerly along the west line of the southeast quarter of
the southeast quarter of Section 6, Township 9 North, Range 29 East, WM to the north line of
the south half of the southeast quarter of Section 6, Township 9 North, Range 29 East; Thence
westerly along said north line to the true point of beginning.
be and the same is hereby assigned R-1 (Low-density Residential) zoning as depicted in the map
attached hereto and labeled Exhibit A.
Section 4. That any and all zoning maps be and the same are hereby amended to conform to
the aforesaid assignment of zoning.
Section 5. This ordinance shall take full force and effect five (5) days after approval, passage
and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, this 4th day of January, 2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published: _____________________
Page 43 of 164
Exhibit
A
Item: Barker Annexation
Applicant: Julie Brooks
File #: ZD 2016-003
R-S-1
R-1
Page 44 of 164
REGULAR MEETING
PLANNING COMMISSION MEETING
CALL TO ORDER:
The meeting was called to order at 7:00pm by Chairman Cruz.
POSITION
No. 1 No.2 No.3 No.4 No. 5 No. 6 No. 7 No.8 No.9
MEMBERS PRESENT
Tanya Bowers
Kurt Lukins
Paul Mendez
Alecia Greenaway
Joe Cruz
Zahra Khan
Pam Bykonen
APPEARANCE OF FAIRNESS:
MEMBERS ABSENT
Loren Polk
Gabriel Portugal
August 18, 2016
Chairman Cruz read a statement about the appearance of fairness for hearings on land
use matters. There were no declarations.
Chairman Cruz then asked the audience if there were any objections based on a conflict
of interest or appearance of fairness question regarding the items to be discussed this
evening. There were no objections.
ADMINISTERING THE OATH:
Chairman Cruz explained that state law requires testimony in quasi-judicial hearings
such as held by the Planning Commission be given under oath or affirmation. Chairman
Cruz swore in all those desiring to speak.
APPROVAL OF MINUTES:
Commissioner Greenaway moved, seconded by Commissioner Khan that the minutes
dated July 21, 2016 be approved. The motion passed unanimously.
PUBLIC HEARINGS:
A.Special Permit Special Permit to locate a student housing complex
(Columbia Basin College) (MF# SP 2016-008)
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the special permit
application to locate a student housing complex. He stated that there weren't many
changes to the staff report since the previous meeting but did point out a correction to the
report in that the public hearing does not need to be continued. The City owns 10 acres
at the southeast corner of Argent Road and 20th Avenue. The proposal is to develop the
-1-
Page 45 of 164
Page 46 of 164
Mr. Hall answered that there would be some bike parking, including enclosed bike lockers.
With no further questions or comments the public hearing closed.
Commissioner Khan asked staff how a dwelling unit is different between an apartment
and student housing.
Mr. White responded that they are similar, however, student housing does not have to
include a food prep area, such as a kitchen.
Commissioner Khan moved, seconded by Commissioner Greenaway, to close the public
hearing and adopt findings of fact and conclusions therefrom as contained in the August
18, 2016 staff report. The motion passed unanimously.
Commissioner Khan moved, seconded by Commissioner Greenaway, based on the findings
of fact and conclusions as adopted, the Planning Commission recommend the City Council
grant a special permit for the location of CBC Student Housing in a C-1 zoning district at
the 2900 block of N. 20th Avenue, parcel number 113-300-255, with the conditions as
listed in the August 18, 2016 staff report. The motion passed unanimously.
B.Zoning Determination Zoning Determination to establish zoning for the
Barker Annexation (MF# ZD 2016-003)
Chairman Cruz read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the zoning determination application to establish
zoning for the Barker Annexation. This item was continued from the July meeting for two
reasons: (1) Allow staff time to meet with the applicant to get an understanding of what
they wanted in terms of zoning for the property and (2) Look at the Planning Commission's
concerns relative to a zoning gradient that was discussed at the prior public hearing. The
property to the north, Eyer's Addition, has 5 acre parcels but is not a subdivision.
Because of the concerns related to the effect on property values in Eyer's Addition, staff
took a look at Eyer's Addition and it was determined that 52% of the development within
that area consists of manufactured homes. In looking at the average property value of
those homes, excluding the land value, the average value of the manufactured homes was
roughly $109,000. When that is compared to the value of the permits of homes being
built in Pasco being built west of Road 36 for the past year it has been roughly $260,000
in value. In looking at that, it is hard to see how $260,000 homes would negatively impact
the development within the Eyer's Addition. In talking to a representative of the Barker
family, the preference for the family was to have R-1 zoning but they would be satisfied
with R-S-1, which is 10,000 square foot lot sizes, which is comparable to Desert Plateau,
First Place and Casa Del Sol. The family intends to hold a strip of property along the
northern boundary for family members and indicated that they were looking at lots in the
2 acre range which would go along where Eyer's Addition is located. That can be
accomplished with the R-1 zoning.
Mr. McDonald pointed out that in 2007 when the Comprehensive Plan was updated Pasco
added 1,100 acres to the urban growth boundary. That additional area was based on lot
sizes and subdivisions that had lots averaging 9,000 square feet but unfortunately much
of the development in this area to the west but outside the urban growth boundary is over
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Mr. Barker answered that there are 8 members in the family, 4 of whom want money and
the other 4 would like property. In order to please all members this is the plan that
works. Along the south edge of the property is where most of the housing would be
developed since the family members would like to stay farther away from the main road.
Road 100 is very well used already.
Commissioner Bowers asked staff if the applicant gets the strip along the norther part of
the property, how much of the site is used.
Mr. McDonald responded that in disc\.1ssion with J\.1lie Barker, they wo\.1ld want a co\.1ple
acre lots for each family member.
Mr. Barker added that between all of them they will each likely take 5 acres.
Commissioner Khan asked if they are working with a developer.
Mr. Barker answered that they are not at this time.
Chairman Cruz discussed the concern from the neighbor to the north that spoke at the
last public hearing in terms of developing single-family lots next to the current 5 acre lots
that are more agricultural in the County. But having R-S-1 lots on the norther part of the
property next to Byer's Addition, R-1 would be appropriate for the remainder of the site.
Commissioner Lukins stated that his only concern is that with the lower left portion of the
site the terrain is difficult to develop and could potentially be a park.
Mr. McDonald responded that the City was looking for a park in that area and the terrain
is difficult. The irrigation canal runs where the tree line is so there will be some
topographical issues the developer will have to work through. The park is not going to go
there -it will be down the street a ways. Another thing to consider is that the City will be
putting in a trunk line down Bums Road and will be an expensive line. To recoup some of
those costs you will need a decent amount of density and with half acre lots the City will
not recoup the costs for placing the line in. Having higher density down by Burns Road
would help recover costs for that sewer line.
Commissioner Bykonen reminded that Planning Commission that this is just the first step
in the annexation process and it does not determine what will end up on the piece of
property. They will still have to come back to the Planning Commission with a preliminary
Chairman Cruz explained that he would like to sort this out now so that the developer
knows what the City is willing to allow to be developed on the site so that they know what
the economic potential could be. He added that he sees more development going to the
east rather than the west.
Mr. Barker responded that he has actually had a lot of offers to develop on their site as
there is getting to be less land to be developed for housing in Pasco. It is developing very
quickly down Bums Road.
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Chairman Cruz stated that he wants to make sure it is planned properly and that not too
much high density is brought in without planning for the traffic.
Commissioner Khan asked staff what is to the immediate west of the Barker Annexation
property.
Mr. McDonald said that to the west is RS-20 zoning and they are finishing up the last plat.
There's no sewer in the area which is why they are ½ acre lots. They are on city water. If
they had sewer they would have likely been developed on 10,000 square foot lots.
Chairman Cruz stated that R-S-1 on the upper half of the proposed site and R-1 on the
lower half and that would still give enough flexibility to move forward.
Commissioner Khan stated that she was in agreement with Chairman Cruz.
With no further questions or comments the public hearing closed.
Commissioner Bowers moved, seconded by Commissioner Khan, the Planning
Commission adopt the findings of fact as contained in the August 18, 2016 staff report.
The motion passed unanimously.
Commissioner Bowers moved, seconded by Commissioner Bykonen, based on the findings
of fact as adopted, the Planning Commission recommend the City Council zone the Barker
Annexation Area to R-S-1 and R-1, as amended. The motion passed unanimously.
C.Block Grant 201 7 Community Development Block Grant Fund
Allocations (MF# BGAP 2016-003)
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the 201 7
Community Development Block Grant (CDBG) Fund Allocations. A public hearing was
held in the previous month and the Planning Commission heard from a few interested
applicants. The City applications were similar from past years. There will be roughly
$747,000 available. The staff report contains a spreadsheet with the applicants, how
much non-CDBG match of funds, how much they've requested and how much staff
recommends. The Planning Commission recommendation will be added when it proceeds
to City Council. Staff is recommending the program administration portion of block grant
allocation this year be $131,000 which is an increase. The reason for the increase is that
the City will need to pay for the costs associated with a neighborhood stabilization
program (NSP) and HOME program administration from these funds because the NSP
program has ended. All of the recreation specialist positions are consistent with past
years and the amount requested and recommended by staff is the same. Staff has
recommended that the Martin Luther King Jr. Center -YMCA receive $20,000 as they run
a very efficient and much needed program. Staff recommends that the Pasco Specialty
Kitchen receive the same amount of CDBG funds as last year. The Code Enforcement
Officer position is consistent with last year and staff recommends that same amount.
Catholic Family Services -Volunteer Chore Services has received money in previous years
but this year staff is recommending that they receive none just because they have lost
many volunteers and have been unable to spend the funds awards previously. They run a
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very good program but with losing volunteers they have currently discontinued the
program. For the Peanuts Park Renovation project, staff added $15,000 from their initial
request for program administration. This will raise red flags with HUD since so much
money will be allocated to one place and it is a commercially zoned area, although it is a
public park. Staff anticipates that they will be monitored for this and want to make sure it
is run through the Contract Administrator in the Public Works Department so everything
is executed properly. For sidewalk construction, staff recommends $105,000, $5,000 of
which is recommended for administration of the project. Many of the sidewalks that are
proposed to be repaired will be in the downtown Peanuts Park Area. Staff is not
recommending any funds to be allocated to Rebuilding Mid-Columbia because they are not
yet a 50l(c)(3). They are a first time applicant and have a ways to go before they would be
ready for funding.
Commissioner Khan asked about the Peanuts Park Renovation and what the threshold is
for HUD to look for.
Mr. White responded that projects attract attention when a lot of money is allocated in
commercially zoned areas. The reason for that is because HUD wants to see what the
area-wide benefit is going to be. You cannot benefit a private business but you can benefit
low-moderate income families and citizens. The project is going to be broken into phases
and the City plans to use many tools to make the justification easier and far less risky to
benefit the area.
Commissioner Bowers asked for clarification regarding the Pasco Specialty Kitchen and
what it means when income is generated from the commercial kitchen programs and that
they be underwritten for return of investments for sustainability.
Mr. White replied that the Pasco Specialty Kitchen doesn't completely pay for itself but it
does generate program income. Program income year to date is roughly $35,000, however,
they have about $100,000 in expenses. HUD requires the program income to be used first
for salaries, utilities, repairs, supplies, etc. and then anything over and about that
program income can come from CDBG funds.
Commissioner Bowers asked what the program income has been going to thus far.
Mr. White answered that it has been going towards salaries, utility bills in particular and
some minor repairs.
Commissioner Bowers asked if staff has reached out to Rebuilding Mid-Columbia
regarding their 501(c)(3) status and what they need to do to qualify in the future.
Mr. White replied yes.
With no further questions or comments the public hearing closed.
Commissioner Khan moved, seconded by Commissioner Greenaway, to close the public
hearing and recommend the City Council approve the use of funds for the 2017
Community Development Block Grant Program as set forth in the "2017 Fund Summary"
as recommended by Staff. The motion passed unanimously.
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Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the 2017 HOME Fund Allocations. Through Planning Commission and Council action, it was decided that
the funds would be used for down payment assistance. It is estimated that at least 10 down payment assistance projects will be completed with these funds in 201 7.
Commissioner Bowers asked if the money get refunded or if the people pay back the money.
Mr. White answered that they do. Several people pay their down payment assistance back
over the course of a year. It differs from year to year. They do not have to pay back the
funds until they have paid their first mortgage or when they refinance or sell their home.
With no further questions or comments the public hearing closed.
Commissioner Bowers moved, seconded by Commissioner Mendez, the Planning
Commission recommend the City Council approve the use of funds for the 201 7 HOME Investment Partnerships entitlement as recommended by Staff. The motion passed
unanimously.
With no further discussion or business, the Planning Commission was adjourned at
7:55 p.m.
Respectfully submitted,
David McDonald, City Planner
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REGULAR MEETING
MINUTES
PASCO CITY COUNCIL JANUARY 3, 2017
Mr. Hoffmann and Ms. Francik commented on the 2016 Cable Bridge Run.
Mr. White explained the details of the proposed ordinances.
Mayor Watkins declared the Public Hearing open to consider the proposed
annexation.
Following three calls for comments, and there being none, Mayor Watkins
declared the Public Hearing closed.
Ms. Francik moved to adopt Ordinance No. 4330, relating to
annexation and annexing certain real property to the City of Pasco and, further,
authorize publication by summary only. Mr. Martinez seconded. Motion carried
unanimously.
Ms. Francik moved to adopt Ordinance No. 4331, assigning zoning
to the Barker Annexation Area as recommended by the Planning Commission
and, further, authorize publication by summary only. Mr. Martinez seconded.
Motion canied unanimously.
Mr. White explained the details of the proposed ordinance.
Mayor Watkins declared the Public Hearing open to consider the proposed
vacation.
Following three calls for comments, and there being none, Mayor Watkins
declared the Public Hearing closed.
Ms. Francik moved to adopt Ordinance No. 4332, vacating a
portion of East Clark Street and, further, authorize publication by summary
only. Mr. Flores seconded. Motion carried unanimously.
Mr. White explained the details of the proposed ordinance.
Mayor Watkins declared the Public Hearing open to consider the proposed
vacation.
Following three calls for comments, and there being none, Mayor Watkins
declared the Public Hearing closed.
Ms. Francik moved to adopt Ordinance No. 4333, vacating a
portion of Industrial Place and, further, authorize publication by summary only.
Mr. Martinez seconded. Motion carried unanimously.
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EXECUTIVE SESSION:
ADJOURNMENT:
APPROVED: ATTEST:
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Item: Barker AnnexationApplicant: Julie BrooksFile #: ANX 2016-002Exhibit#1R-S-1R-1Page 58 of 164
AGENDA REPORT
FOR: City Council December 18, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
1/4/21
FROM: Steve Worley, Director
Public Works
SUBJECT: *Resolution - Communication Site License Agreement with AT&T (Water
Tower)
I. REFERENCE(S):
Resolution
Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: revised the _____, No. for approve to move I Resolution
Communication Site License Agreement with New Cingular Wireless PCS, LLC
(AT&T) revised the execute to Manager City authorize further and the
Agreement.
III. FISCAL IMPACT:
Initial payment to the City of Pasco by AT&T in the amount of $3,000.00,
followed by $2,500 per month thereafter, with a three percent (3%) annual
increase.
IV. HISTORY AND FACTS BRIEF:
AT&T operates a communications network, and desires to utilize spac e on the
Pasco’s irrigation water reservoir for the placement of communications -related
equipment, inclusive of space on the ground for additional equipment.
Installation requirements are subject to Public Works department approval to
assure minimal impact to the structure and access to city facilities. Pasco
currently licenses to communications equipment to other providers at this
location in the same manner.
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V. DISCUSSION:
This item was discussed and approved at the Council’s November 15, 2020,
Regular meeting. Since then, minor substantive changes have been negotiated
and thus requires approval again from Council. The items listed below are the
negotiated proposed modifications from the previous agreement approved by
Council:
• Section 4.2, first sentence: the words “six (6) months after Effective
Date” was replaced with “February 1, 2021” to identify a more recent
“Rent Commencement Date”.
• Section 5.3, last sentence: the words “Tower Premises, or” was
removed.
• Section 5.4: modifies and clarifies the repair and replacement work
allowed by AT&T and the required prior written notification to the City of
such repair or replacement. The modification creates subsection 5.4.1
addressing the above information and subsection 5.4.2 addressing
notification requirements in the event of an emergency.
• Section 9.3: modifies subsection (ii) to include reimbursement to the City
of any necessary work done by the City to cure a default by AT&T. Also
adds clarifying language that the City shall n ot alter AT&T’s equipment
on the ground next to the water tank.
• Section 9.4: revises AT&T’s financial liability to “twelve (12) months
License Fee” instead of the value of AT&T’s interest in the City’s
property.
• Section 12.9: revised to allow self-insurance to cover release of claims,
losses or liabilities covered by property insurance.
• Section 12.10: the word “prior” was added related to written notice of
any insurance policy cancellation.”
• Section 19.11: revises reimbursement costs of possible third party
assistance from $2,700 to $3,500.
• Exhibit B-1: the number of antennas was changed from 9 to 6, to reflect
the plans.
• Exhibit C: the date of the plans was previously blank, that has been filled
in.
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Staff recommends approval of the Resolution, authorizing the City Manager to
enter into the proposed revised Communication Site Lice nse Agreement with
New Cingular Wireless PCS, LLC. (AT&T).
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Resolution – New Cingular Wireless PCS, LLC Agreement -1
RESOLUTION NO. _______
A RESOLUTION AUTHORIZING EXECUTION OF THE
COMMUNICATION SITE LICENSE AGREEMENT WITH NEW CINGULAR
WIRELESS PCS, LLC, FOR THE UTILIZATION OF SPACE ON THE
IRRIGATION WATER RESERVOIR FOR THE PLACEMENT OF
COMMUNICATIONS-RELATED EQUIPMENT, INCLUSIVE OF SPACE ON
THE GROUND FOR ADDITIONAL EQUIPMENT.
WHEREAS, Licensor owns the real property located at 5427 Road 76, Pasco, WA, as is
more fully described on Exhibit A — Licensor Property attached hereto and incorporated herein
by this reference (the "Licensor Property"), upon which is located a municipal water tower
designated as the "Old Tower" (as also identified on Exhibit A); and
WHEREAS, Licensee operates a communications network, and desires to utilize space on
the Licensor Property for the placement of communications-related equipment, inclusive of space
on the ground, and space on the Old Tower; and
WHEREAS, Licensor also licenses space on the Old Tower to T-Mobile and additional
space on the Licensor Property to additional wireless carriers; and
WHEREAS, Licensor desires to allow Licensee to utilize portions of the Licensor Property
in a manner that will not interfere with the existing users of the Licensor Property.
WHEREAS, Resolution No. 4011 was approved by City Council on November 16, 2020,
and since then further minor substantive changes were negotiated to the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. The City Council of the City of Pasco hereby authorizes the City Manager for
the City of Pasco to execute the revised Communication Site License Agreement with New
Cingular Wireless PCS, LLC, to make minor substantive adjustments, and to take all necessary
steps required to complete this agreement; and
Be It Further Resolved that this Resolution shall be in full force and effect upon adoption.
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Resolution – New Cingular Wireless PCS, LLC Agreement -2
PASSED BY the City Council of the City of Pasco, Washington this 4th day of January
2021.
________________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
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Licensee's equipment to the Old Tower,and provide a copy of the inspection report to
Licensor within 30 days of Licensee’s receipt of same.
5.1.1.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN,should Licensor determine in Licensor's sole discretion that Licensee has
failed to maintain the Premises as required herein,or Licensee's use thereof has caused
or threatens to cause harm to persons or property,including the Old Tower,Licensor
shall provide notice to Licensee of such harm or threats (the "Damage Notice“)by
telephone to Licensee’s Network Operations Call Center at (800)832-6662 and by email
to REleaseAdmin@att.com,and Licensee shall (i)submit to Licensor a plan for
resolving such harm or threats thereof ("Damage Plan")within thirty (30)calendar days
of receipt of Licensor's initial notice,and (ii)within thirty (30)calendar days of receipt
of Licensor's approval of the Damage Plan,Licensee shall complete such maintenance
or repair to the Premises necessary to eliminate any such harm or threats resulting from
Licensee's use of,or failure to maintain the Premises.Should Licensor not approve a
Damage Plan,Licensor shall advise Licensee of the defects in the Damage Plan,and
Licensee shall resubmit Licensee's revised Damage Plan within ten (10)calendar days
of receipt of Licensor's subsequent notice of same.Should Licensee (i)fail to submit a
Damage Plan within thirty (30)calendar days of receipt of Licensor's Damage Notice,
(ii)fail to receive Licensor's approval of a Damage Plan within thirty (30)calendar days
of receipt of Licensor's advising of defects in the initial Damage Plan,or (iii)fail to
complete such maintenance or repairs to Licensor's satisfaction within thirty (30)
calendar days following receipt of Licensor's approval of the Damage Plan,Licensor
shall have the right,but not the obligation,to perform or cause to be performed the
necessary maintenance or repair of the Premises,including the Old Tower,at Licensee’s
sole cost and expense.NOTWITHSTANDING THE FOREGOING,in the event that
Licensor determines,in Licensor's sole discretion,that harm or damage to persons or
property may result from Licensee's use of the Old Tower,or Licensee's failure to
maintain the Premises,Licensor may,without obligation,immediately perform or cause
to be performed the necessary maintenance or repair of any portion of the Property,the
Premises,the Licensee Facilities,and/or the Old Tower.In such events,Licensor shall
invoice Licensee for the reasonable costs of said maintenance or repair as soon as
reasonably practicable thereafter and Licensee shall reimburse to Licensor for the cost
of the same within thirty (30)calendar days of its receipt of an invoice for said
maintenance or repair.Licensor's right hereunder shall be in addition to any and all other
rights afforded Licensor in this Agreement.
Cell Site Number:KP0484
Cell Site Name:Pasco Island Park
Fixed Asset Number:14566021
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5.2.As of the Effective Date,Licensee may install the equipment shown on Exhibits
B,B-1,and B-2;provided that:
5.2.1.All equipment installed shall be as specifically described and depicted on the
site plans attached hereto as Exhibit C -Approved Plans and by this reference
incorporated herein (the "Approved Plans"),and shall be performed during the
construction schedule to be approved,in advance and in writing,by Licensor prior to
the commencement of construction;and
5.2.2.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN,Licensor’s consent to or approval of any plans or modi?cations or other
requested changes to the Licensor Property from Licensee,shall not be construed as
Licensor’s approval or acceptance of the accuracy of same.Licensee is responsible for
the accuracy,defaults,and or omissions of all plans,modi?cations,and all work
performed on,or by Licensee’s use of,the Licensor Property;and for ensuring
compliance of same with all laws,codes,guidelines,and permits of any governmental
authority having jurisdiction,including,but not limited to the Licensor.
5.3.Licensee,in its reasonable discretion and without Licensor's approval,may
modify,replace,and upgrade the Licensee Facilities located above ground within the
Ground Premises.Licensee may not make any modi?cations to areas outside of the
Ground Premises without the advance written consent of Licensor,including,without
limitation,modi?cations to the Access and Utility Premises.
5.4.Licensee may not replace,improve,upgrade or make additions to the Tower
Premises (“Modi?cations”)without Licensor's prior written approval,which shall not be
unreasonably withheld,conditioned,or delayed.
5.4.1.Notwithstanding the foregoing,Licensee shall be permitted to repair or replace
equipment on the Tower Premises without the payment of additional rent,provided that
such repairs or replacements:(i)do not occupy additional space outside the Tower
Premises.and (ii)do not increase the weight,lateral,or wind loads in place at the time
of said change.In such event,Licensee shall provide at least ten (10)business days’
prior written notice to Licensor containing the scope of work to be completed and
equipment speci?cations of any equipment to be replaced.For clarity and not as a
limitation,should Licensee’s proposed Modi?cations change any individual or
combination of items listed in items (i)or (ii)above,Landlord may condition its
approval,in whole or in part,on the payment of additional Rent.
Cell Site Number:KP0484
Cell Site Name:Pasco Island Park
Fixed Asset Number:14566021
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Licensee with any request for reimbursement.Licensee represents that it is a public utility
pursuant to chapter 84.12 RCW.As of the Effective Date,Licensee is centrally assessed and
taxed by the Washington Department of Revenue,and Licensee’s interest in this Agreement is
exempt from the leasehold excise taxes imposed pursuant to RCW 82.29A.030 and
82.29A.O40.
9.Default.The failure of either Party,or its’agent,contractor,employee,or permittee,to
observe or comply with any covenant,term,condition,or provision of this License shall result
in a “Default”of this License.
9.1.Following a Default,the non-defaulting Party shall give the defaulting Party
written notice of such Default in accordance with Section 17 —Notices,and the defaulting
Party shall have thirty (30)calendar days in which to cure any monetary Default and thirty
(30)calendar days to cure any non-monetary Default.The defaulting Party may extend
the thirty (30)calendar day period as required to cure a non-monetary Default,provided
that:(i)the nature of the cure is such that it reasonably requires more than thirty (30)
calendar days,(ii)the defaulting Party delivers to the non-defaulting Party,in writing,a
cure to such Default that is acceptable to the non-defaulting Party,and (iii)the defaulting
Party commences the cure within thirty (30)calendar days of its receipt of written notice
of such Default,and thereafter continuously and diligently pursues the cure to completion
.In no event shall the cure period for any Default be extended beyond ninety (90)calendar
days,unless agreed upon in writing by the non-defaulting Party.
9.2.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN,Licensor shall not be required to provide Licensee an opportunity to cure any
monetary Default if three (3)or more such monetary Defaults have occurred in the
previous twelve (12)months.
9.3.Licensor’s Remedies.In the event Licensee fails to cure a Default within the
timeframes contained herein,Licensor may,but shall not be required to,pursue all or any
of the following remedies:(i)terminate this License without further liability except as
otherwise provided herein,(ii)make any payment and/or perform or cause to be performed
any work required of Licensee to comply with any term,covenant,or condition required
hereunder,(iii)recover actual damages,and (iv)pursue any other rights and remedies
available at law or in equity,subject to the provisions of this License.Except as otherwise
provided in this License,Licensor shall not alter License’s equipment within the Tower
Premises unless it is necessary to maintain the structural integrity of the Tank or to prevent
imminent harm to persons or property
Cell Site Number:KP0484
Cell Site Name:Pasco Island Park
Fixed Asset Number:14566021
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the subject matter contained herein.There are no representationsor understandings of any
kind not set forth herein.Any amendments or modifications of any of the terms and
conditions of this Agreement must be in writing and executed by both Parties.No
provision in this Agreement will be deemed waived by either Party unless expressly
waived in writing by the waiving Party.No waiver shall be implied by delay or any other
act or omission of either Party.No waiver by either Party of any provision of this
Agreement shall be deemed a waiver of such provision with respect to any subsequent
matter relating to such provision.
19.9.Licensor shall at all times ensure that Old Tower,and any third party equipment
contained and/or operated thereon,are in compliance with all applicable laws,guidelines,
permits,codes,regulations,and engineering specifications of any government entity
havingjurisdiction.Licensee shall at all times ensure that Licensee's use of the Premises,
and any personal equipment of Licensee contained and/or operated thereon,are in
compliance with all applicable laws,guidelines,permits,codes,regulations,and
engineering speci?cations of any government entity having jurisdiction.Licensee further
understands and agrees that Licensee's use of the Premises is subject to the conditions of
any special use or conditional use permit.
19.10.The persons who have executed this Agreement represent and warrant that they
are duly authorized to execute this Agreement in their individual or representative capacity
as indicated.Licensee further represents and warrants to Licensor that Licensee has
obtained any and all consents or approvals of a lender,or any other such third party
required.
19.11.In the event Licensor determines,in Licensor’s reasonable judgment,that it is
necessary to seek the assistance of third parties,including contractors,engineers,
consultants and/or attorneys,in the review and/or facilitation of any request by Licensee,
Licensee shall reimburse Licensor for all actual,reasonable,and documented costs
incurred by Licensor within thirty (30)calendar days of receipt of Licensor’s invoice.This
requirement shall also include the reimbursement by Licensee of costs up to an amount
equal to Three Thousand Five Hundred and no/100 Dollars ($3,500.00)incurred by
Licensor in the creation of this License.
19.12.Contemporaneously with the execution of this Agreement,the Parties will
execute the Memorandum of Communication Site License Agreement attached as Exhibit
D—Memorandum of Communication Site License Agreement.Either Party may
record this Memorandum of Communication Site License Agreement at any time during
18
Cell Site Number:KP0484
Cell Site Name:Pasco Island Park
Fixed Asset Number:14566021
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gag.
IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed on the days
and year written below.
Licensor:Licensee:
City of Pasco,a Washington municipal New Cingular Wireless PCS,LLC,a
corporation Delaware limited liability company
By:AT&T Mobility Corporation
Its:Manager
By;S 4"
Name:
Title:
Date:Date:12"’(6 "Z2
Title:Director
Cell Site Number:KP0484
Cell Site Name:Pasco Island Park
Fixed Asset Number:14566021
20
[Notary Blocks Follow]
Name:Wa ne Wooten
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Franklun County
APN 1 40015
Exhibit A -Licensor Property
The Property is Franklin County APN 116140015 with a street address of 5427 Road 76,Pasco,
WA 99301.
The abbreviated legal description of the Property is:
PTN NWSE 9-9-29 DAF :BEG AT CTR 4 COR SD SEC;TH N89D59'E ALG N LN
THEREOF,40.01’;TH LEAV SD N LN SOID04'E,50.01’TO INT OF SLY MARG
OF SANDIFUR PKWY &ELY MARG ROAD 76 &TPOB;TH ALG SD SLY
MARG,N89D 59'E,280.74’;TH SOID04'W,130';TH N89D59'E,179.35’;TH
SOIDO4'E,324.13;TH S 17DO5‘E,48.07‘;TH S89D59'W,473.35’TO ELY MARG RD
76 TH ALG SD ELY MARG,NOIDO4'W,500.09’TO TPOB.
The Property is further depicted in the drawing below (not to scale):
Page 85 of 164
Exhibit B —Ground Premises
Licensee’s "Ground Premises"consists of a portion of the Property measuring approximately
570 square feet as shown in the drawing below,with a maximum height often feet (10')above
ground level,and a maximum depth of one foot (1')below ground level.The Ground Premises
shall be ?illy fenced.
é.
Page 86 of 164
Page 87 of 164
The "Access and Utilities Premises"are depicted below.NOTWITHSTANDINGANYTHING
TO THE CONTRARY CONTAINED HEREIN OR IN THE AGREEMENT,the Access and any
locations of utilities are,and shall remain,non-exclusive.
Exhibit B-2 -Access and Utilities Premises
Page 88 of 164
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Exhibit A -Licensor Property
The Property is Franklin County APN 116140015 with a street address of 5427 Road 76,Pasco,
WA 99301.
The abbreviated legal description of the Property is:
PTN NWSE 9-9—29DAF :BEG AT CTR 4 COR SD SEC;TH N89D59'E ALG N LN
THEREOF,40.01‘;TH LEAV SD N LN SOID04'E,50.01’TO INT OF SLY MARG
OF SANDIFUR PKWY &ELY MARG ROAD 76 &TPOB;TH ALG SD SLY
MARG,N89D 59'E,280.74’;TH SOID04'W,130';TH N89D59'E,179.35’;TH
SOIDO4'E,324.13;TH S 17DO5'E,48.07‘;TH S89D59'W,473.35‘TO ELY MARG RD
76 TH ALG SD ELY MARG,NOID04'W,500.09’TO TPOB.
The Property is further depicted in the drawing below (not to scale):
Cell Site Number:
Cell Site Name:
Fixed Asset Number:
KP0484
Pasco Island Park
14566021
64
Page 127 of 164
AGENDA REPORT
FOR: City Council December 22, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
1/4/21
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: *Resolution - Accept Work - City Hall Remodel Phase 2
I. REFERENCE(S):
Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _____, accepting work performed
by Booth and Sons LLC, for the City Hall Remodel Project Phase 2.
III. FISCAL IMPACT:
Original Booth and Sons Contract Amount: $1,170,000
Total Payment to Contractor: $1,425,323,94
IV. HISTORY AND FACTS BRIEF:
On January 7, 2019, City Council approved the project bid and authorized the
City Manager to sign the contract with Booth & Sons Construction Inc. in the
amount City approved Council 9, 2019, On $1,170,000. of September
supplemental funding for the project in the amount of $500,000. This was
requested to cover additional measures for security upgrades and minor
additions not considered in the original design and for furniture, fixtures, and
equipment
Final payment to contractor totaled: $1,359,701.29, with $65,622.65 held as
retainage. Additional payments beyond initial contract amount were funded
through the supplemental monies approved through Council action on
September 9, 2019.
The bid and amended is complete and the materials and project as
workmanship meets the standards specified in the contract documents.
Page 128 of 164
V. DISCUSSION:
Formal acceptance of public works projects are required by State law and
initiate a 45-day period within which an outside vendor, supplier, or laborer has
the opportunity to file a claim against this project pursuant to RCW
60.28.011(2). Upon completion of the 45 -day lien filing period, retainage being
held by the City may be released upon receipts of the following:
• An affidavit of no liens
• A release from the Department of Revenue that all taxes have been paid
• A release from any claim from the Department of Labor and Industries,
pursuant to RCW 60.28.051
Staff recommends approval of the proposed Resolution accepting the work
performed by Booth and Sons Inc. for the City Hall Remodel Project Phase 2.
Page 129 of 164
Resolution - Accept Work City Hall Remodel Phase 2
RESOLUTION NO. _______
A RESOLUTION ACCEPTING THE WORK PERFORMED BY
BOOTH AND SONS CONSTRUCTION INC. UNDER CONTRACT FOR
THE CITY HALL REMODEL PROJECT PHASE 2.
WHEREAS, the work performed by Booth and Sons Construction Inc. under contract for
the City Hall Remodel Project Phase 2 has been examined by Administrative & Community
Services and has been found to be in apparent compliance with the applicable project
specifications, and
WHEREAS, it is Administrative & Community Services recommendation that the City of
Pasco formally accept the contractor’s work and the project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council concurs with Administrative & Community Services
recommendation and thereby accepts the work performed by Booth and Sons Construction, Inc for
the City Hall Remodel Project Phase 2, as being completed in apparent conformance with the
project specifications and,
Be it further resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be it further resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by Administrative & Community Services and Finance Director.
PASSED by the City Council of the City of Pasco, Washington this 4th day of January,
2021.
_____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ __________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 130 of 164
AGENDA REPORT
FOR: City Council December 29, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
1/4/21
FROM: Dave Zabell, City Manager
Executive
SUBJECT: *Resolutions - Ratify Emergency Orders Related to COVID-19
I. REFERENCE(S):
1. Proposed Resolution for Emergency Order No. 2020-004.2 - Extending
the Expanded Administrative Authority of City Manager for the Purposes
of Paid Administrative Leave
2. Proposed Resolution for Emergency Order No. 2020-005.3 - Extending
Temporary Change in Leave Policies
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No._____, ratifying Emergency Order
No. 2020-004.2, relating to extending temporary expansion of administrative
paid leave for City of Pasco staff.
MOTION: I move to approve Resolution No. ____, ratifying Emergency Order
No. 2020-005.3, relating to extending temporary change in leave policies.
III. FISCAL IMPACT:
Unknown at this time.
IV. HISTORY AND FACTS BRIEF:
On March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to the Pasco Municipal Code (PMC) Section 2.55.010 due
to the COVID-19 emergency, which has caused a world-wide pandemic.
The its including City, the allows orders emergency of purpose (EO)
businesse business, s and community members, to continue to conduct
ensuring that the safety of everyone is secured, while maintaining the needed
services for all.
Page 131 of 164
V. DISCUSSION:
The two EOs before Council were first ratified in March, and subsequently in
June. While early vaccine distribution is underway, much uncertainty still
surrounds the global pandemic. The extension of these EOs is necessary to
continue to protect the health and safety of staff.
EOs require ratification of the City Council by resolution, below is a summary of
each EO:
• EO 2020-004.2 - Extends the expanded administrative authority of the
City Manager for the purposes of paid administrative leave.
• EO 2020-005.3 - Extends a temporary leave policy which provides for
an employee lacking adequate sick and vacation leave banks to
advance up to eighty hours of time under conditions as outlined.
Staff recommends Council ratification through the approval of the two (2)
subject resolutions as presented.
Page 132 of 164
Resolution – Ratifying EO No. 2020-004.2 – Paid Administrative Leave
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
RATIFYING THE EMERGENCY ORDER NO. 2020-004.2 RELATING TO
EXTENDING TEMPORARY EXPANSION OF ADMINISTRATIVE PAID
LEAVE FOR CITY OF PASCO STAFF.
WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to PMC 2.55.010 due to the COVID-19 emergency, which has caused a
world-wide pandemic; and
WHEREAS, the purpose of the emergency order allows the City, including its businesses
and community members, to continue to conduct business, ensuring that the safety of everyone is
secured, while maintaining the needed services for all; and
WHEREAS, the Pasco Municipal Code Section 2.55.020 (2) states that any such
(emergency) orders shall, at the next regular or special meeting of the City Council, following the
date the orders are issued, be presented to the City Council for ratification and confirmation by
resolution of the City Council and if not so ratified and confirmed, shall be of no further effect.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council confirms and ratifies Emergency Order 2020-004.2 related to the
extending Temporary Expansion of Administrative Paid Leave for City of Pasco Staff as presented
in EXHIBIT A, attached hereto, and
Be It Further Resolved that this Resolution takes effect the date Emergency Order 2020-
004.2 was signed by the Mayor of Pasco, Washington.
PASSED by the City Council of the City of Pasco, Washington this 4th day of
January, 2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 133 of 164
OFFICE OF THE MAYOR • (509) 545-3404 • FAX (509) 545-3403
P.O. Box 293 • 525 North 3rd Ave. • Pasco, WA 99301 www.pasco-wa.gov
Emergency Order No. 2020-004.2 1
Emergency Order No. 2020-004.2
Extending Administrative Authority of City Manager for the Purposes of Paid
Administrative Leave
WHEREAS, on January 31, 2020, the United States Department of Public Health and
Human Services Secretary, Alex Azar declared a public emergency for the novel coronavirus
(COVID-19) beginning on January 27, 2020; and
WHEREAS, on February 29, 2020, Governor Jay Inslee signed a Proclamation declaring
a State of Emergency exists in all counties in the State of Washington due to the number of
confirmed cases of COVID-19 in the state and directed that plans and procedures of the
Washington State Comprehensive Emergency Management Plan be implemented; and
WHEREAS, beginning on March 11, 2020, the President of the United States, Donald J.
Trump, directed the Federal Government to take numerous emergency measures to address the
unprecedented nature of this public health crisis, including restrictions on all foreign travel outside
United States of America due to the number of confirmed cases of COVID-19 in the United States;
and
WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to PMC 2.55.010; and
WHEREAS, on March 17, 2020, the Department of Public Health of Benton and Franklin
County announced the first local case of COVID-19; and
WHEREAS, as the COVID-19 emergency worsens, there is an increasing likelihood that
City residents will be exposed to the virus; and
WHEREAS, it is essential, to reduce the community spread of COVID-19, that any
employee determined to have a credible exposure to or suspected contraction of COVID -19 not
report to City facilities; and
WHEREAS, existing personnel and leave policies do not contemplate an epidemic of this
nature and may not sufficiently deter such employees from reporting to City facilities; and
WHEREAS, Emergency Order 2020-004, Expanding Administrative Authority of city
Manager for the Purposes of Paid Administrative Leave, expires on December 31, 2020; and
WHEREAS, a civil emergency pursuant to PMC 2.55.010 continues to exist; and
Page 134 of 164
Emergency Order No. 2020-004.2 2
WHEREAS, PMC 2.55.020 authorizes the Mayor to implement any such orders as are
immediately necessary for the protection of life and property; and
WHEREAS, it is necessary to impose emergency personnel requirements and pay
practices to protect life and property.
NOW, THEREFORE,
I, Saul Martinez, Mayor of the City of Pasco, ORDER under the emergency powers granted to me
under the Proclamation of Emergency that:
1. The above recitals are true and correct in all respects;
2. The City Manager’s administrative authority to authorize paid administrative leave
to employees is hereby extended to the extent necessary to investigate and evaluate
benefits and programs available in the case of a City employees’ exposure or
possible exposure to COVID-19 or in the event of a positive or presumptive positive
COVID-19 determination of an employee.
3. This Order shall be in effect for the duration of the Emergency Proclamation
ratified by Resolution No. 3946 or rescinded by separate written order.
DATED this 30th day of December, 2020.
_________________________________
Saul Martinez, Mayor
Attest:
_________________________________
Debra Barham, CMC
City Clerk
Page 135 of 164
Resolution – Ratifying EO No. 2020-005.3 – Temporary Change in Leave Policies
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
RATIFYING THE EMERGENCY ORDER NO. 2020-005.3, RELATING TO
EXTENDING TEMPORARY CHANGE IN LEAVE POLICIES.
WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to PMC 2.55.010 due to the COVID-19 emergency, which has caused a
world-wide pandemic; and
WHEREAS, the purpose of the emergency order allows the City, including its businesses
and community members, to continue to conduct business, ensuring that the safety of everyone is
secured, while maintaining the needed services for all; and
WHEREAS, the Pasco Municipal Code Section 2.55.020 (2) states that any such
(emergency) orders shall, at the next regular or special meeting of the City Council, following the
date the orders are issued, be presented to the City Council for ratification and confirmation by
resolution of the City Council and if not so ratified and confirmed, shall be of no further effect.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council confirms and ratifies Emergency Order 2020-005.3 related to the
temporary change in leave policies as presented in EXHIBIT A, attached hereto, and
Be It Further Resolved that this Resolution takes effect the date Emergency Order 2020-
005.3 was signed by the Mayor of Pasco, Washington.
PASSED by the City Council of the City of Pasco, Washington this 4th day of January,
2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 136 of 164
OFFICE OF THE MAYOR • (509) 545-3404 • FAX (509) 545-3403
P.O. Box 293 • 525 North 3rd Ave. • Pasco, WA 99301 www.pasco-wa.gov
Emergency Order No. 2020-005.3 1
Emergency Order No. 2020-005.3
Extending Temporary Change in Leave Policies
WHEREAS, on January 31, 2020, the United States Department of Public Health and
Human Services Secretary, Alex Azar declared a public emergency for the novel coronavirus
(COVID-19) beginning on January 27, 2020; and
WHEREAS, on February 29, 2020, Governor Jay Inslee signed a Proclamation declaring
a State of Emergency exists in all counties in the State of Washington due to the number of
confirmed cases of COVID-19 in the state and directed that plans and procedures of the
Washington State Comprehensive Emergency Management Plan be implemented; and
WHEREAS, beginning on March 11, 2020, the President of the United States, Donald J.
Trump, directed the Federal Government to take numerous emergency measures to address the
unprecedented nature of this public health crisis, including restrictions on all foreign travel outside
United States of America due to the number of confirmed cases of COVID-19 in the United States;
and
WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to PMC 2.55.010; and
WHEREAS, on March 17, 2020, the Department of Public Health of Benton and Franklin
County announced the first local case of COVID-19; and
WHEREAS, as the COVID-19 emergency worsens, there is an increasing likelihood that
City residents will be exposed to the virus; and
WHEREAS, City provides essential functions within the community and a healthy
workforce is critical to continuity of such services; and
WHEREAS, existing personnel and leave policies do not contemplate an epidemic of this
nature and may not sufficiently deter such employees from reporting to City facilities; and
WHEREAS, PMC 2.105.270 and 2.105.180 limits employee’s ability to utilize accrued
vacation and sick leave during probationary period; and
WHEREAS, PMC 2.105.280 limits employee’s time off with pay covering periods of
illness or involuntary physical incapacity to the extent that sick leave has accrued;
WHEREAS, existing personnel and leave policies do not allow employees to receive
advanced emergency leave due to extraordinary medical circumstances; and
Page 137 of 164
Emergency Order No. 2020-005.3 2
WHEREAS, a civil emergency pursuant to PMC 2.55.010 continues to exist.
NOW, THEREFORE,
I, Saul Martinez, Mayor of the City of Pasco, ORDER under the emergency powers granted to me
under the Proclamation of Emergency that:
1. The above recitals are true and correct in all respects.
2. The code provisions of PMC 2.105.270 and 2.105.180 and any other provisions of
the Pasco Municipal Code as they relate to prohibition of probationary employee
from utilization of earned sick and vacation leave, continues to be suspended.
3. The code provisions of PMC 2.105.280 and any other provisions of the Pasco
Municipal Code as they relate to accrual of sick leave, continues to be suspended,
only to the extent necessary, to authorize the City Manager to provide those
employees, without adequate sick or vacation leave balances, up to eighty (80)
hours of advanced emergency leave in the case of a City employee or their family
member having tested positive, or presumed positive, or the employee’s child’s
school or place of care has been closed for reasons related to COVID-19.
4. Employees utilizing advanced emergency leave under this order shall pay back the
time through a portion of future earned sick or vacation leave accruals until the
amount of advanced emergency leave utilized is extinguished, or is deducted from
any pay due the employee upon separation.
5. This Order shall be in effect for the duration of the Emergency Proclamation ratified
by Resolution No. 3946 or terminated by separate written order.
DATED this 30th day of December, 2020.
_________________________________
Saul Martinez, Mayor
Attest:
_________________________________
Debra Barham, CMC
City Clerk
Page 138 of 164
AGENDA REPORT
FOR: City Council December 24, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
1/4/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *DPDA Funding Agreement Extension
I. REFERENCE(S):
2020 Funding Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to extend the 2020 Downtown Pasco Development Authority
Funding Agreement through March of 2021.
III. FISCAL IMPACT:
First Quarter financial subsidy to the DPDA of $25,000.
The City receives a credit on our Utility Tax obligations as a result of the annual
contribution to the DPDA through the Main Street tax incentive provisions
(approximately $64,000 for credit in 2021 resulting from $100,000 in
contributions in 2020.)
IV. HISTORY AND FACTS BRIEF:
The City has typically funded the Downtown Pasco Development Authority
(DPDA) in two-year increments; however, because of the organizational
transition in 2019, the prior agreement was extended by two (2) six-month
extensions in 2019 and one extension until the end of 2020.
V. DISCUSSION:
During the past year, the DPDA hired a new Executive Director who has
worked extensively on financial clean up of the organization's books; dealing
with ramifications of the current pandemic and implemented a business
assistance grant program using funding from the City's CDBG - CV and
Page 139 of 164
CARES funding sources and from a financial contribution from Group Health
Northwest.
The first quarter extension of the funding Agreement will allow the DPDA to
maintain its current activity level and salary structure.
It is expected that the DPDA annual report to Council (which is a requirement
of the current Funding Agreement) will take place on January 11, 2021.
Assuming Council concurrence with the DPDA's reported accomplishments
and anticipated Work Plan, a longer term Funding Agreement can be prepared
and returned to Council for consideration.
Page 140 of 164
DPDA Funding Agreement - 1
DOWNTOWN PASCO DEVELOPMENT AUTHORITY
FUNDING AGREEMENT
THIS AGREEMENT is made and entered into this ______ day of ______________ 2020,
by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to
as “City,” and the Downtown Pasco Development Authority, a non-profit Washington
Corporation, hereinafter referred to as “DPDA.”
WHEREAS, the City Council desires to foster revitalization of the downtown business
area and created the Downtown Pasco Development Authority (DPDA) in December 2010 under
Ordinance No. 3985, with the expectation of providing a three-year funding commitment to permit
the new agency to establish operations and demonstrate its ability to fulfill the revitalization goals
enunciated in Ordinance No. 3985 and the DPDA Charter; and
WHEREAS, DPDA has received a certificate of incorporation from the State of
Washington as a non-profit corporation; and
WHEREAS, DPDA has organized and developed operating procedures, hired an
executive director, reinitiated public events in Downtown Pasco (Cinco de Mayo and the Fiery
Foods Festival), undertaken management of the Pasco Farmers Market and Pasco Commercial
Kitchen, became a 501(c) (3) organization, became a certified Washington State Main Street
organization, conducted several business education classes and Downtown clean-up events, and
participated in the development of a Peanuts Park and Pasco Farmers Market refurbishment, and
(with City financial assistance) completed a 5 year Strategic Work Plan including website revisions
and “branding;” and
WHEREAS, DPDA tasks for 2020 include:
1. Develop and adopt a new 5-year Strategic Plan;
2. Organize quarterly downtown business and property owner meetings:
3. Organize, finance and manage Cinco De Mayo Festival;
4. Organize, finance and manage Fiery Foods Festival;
5. Organize and manage the Pasco Farmers Market each Saturday from May through October;
6. Manage the operations of the Pasco Specialty Kitchen;
7. Provide a scholarship grant program consistent with the DPDA’s 501(c)(3) status,
8. Continue recruitment for vacant downtown business space;
9. Create and maintain a Downtown Property Inventory;
10. Business recruitment, development and engagement activities.
WHEREAS, DPDA has requested that additional City funding be made available to
develop resources to eventually reduce the amount of the City subsidy; NOW THEREFORE,
IN CONSIDERATION of the mutual covenants contained herein and other valuable
consideration, it is agreed as follows:
Section 1: DPDA Responsibilities
The DPDA shall conduct its activities and efforts that further the purpose of the DPDA as
identified in Pasco Ordinance 3985 and Article IV of its Charter to include but not be limited to:
Page 141 of 164
DPDA Funding Agreement - 2
Review of City plans and policies. The DPDA shall review existing and evolving City land
use and capital improvement plans and policies affecting the Downtown Area and advise
the city of appropriate considerations.
Façade Improvement Program. The DPDA shall provide information, applications and
professional assistance to Downtown Area property owners wishing to participate in an
approved and funded Community Development Block Grant façade program.
Promotional Events. The DPDA should conduct or implement an additional promotional
or special event in addition to Cinco de Mayo and the Fiery Foods Festival that contribute
to the success of the Downtown Area or otherwise advance the goals of the DPDA.
Financing Strategy. In collaboration with City staff and/or other professionals, the DPDA
will develop a comprehensive inventory of public and private capital and development
financing tools and incentives that may be available to foster and support its revitalization
efforts. These should include tax credits or other incentives and identification of
infrastructure and other public capital investments that may be necessary to support private
redevelopment projects.
Marketing. The DPDA shall develop a strategy to identify and promote economic vitality
of the Downtown Area including the opportunities associated with the Farmer’s Market
and Specialty Kitchen. These strategies may include: creation of a Downtown Calendar,
quarterly business meetings for Downtown businesses, restaurant recruitment for vacant or
available properties and completion of the Downtown Survey.
Farmer’s Market and Pasco Specialty Kitchen. The DPDA shall optimize the opportunities
associated with the Farmer’s Market and Specialty Kitchen to increase economic activity
and promote recognition of the Downtown. Operation of these facilities must be in
accordance with the associated lease agreement.
Reports: A formal presentation to the City Council by the DPDA board shall be given on
or before December 1 each year. The DPDA shall deliver quarterly written status reports to the
Pasco City Manager detailing the activities, accomplishments and financial status of the DPDA.
Section 2: City Responsibilities
The City of Pasco will remit to DPDA or its designated bank up to $25,000 per quarter by
the 10th day of the first month of said quarter.
Section 3: Term
This agreement shall be effective January 1, 2020 and shall expire on December 31, 2020;
provided, however, either party may terminate the agreement with at least 180 days written notice
delivered to the President of the DPDA or the Pasco City Manager. It is further provided that this
agreement is predicated on the DPDA maintaining its Main Street status for calendar year 2020,
and the City’s contribution, as described in Section 2, is deemed eligible for Main Street tax credits
by the State Department of Revenue. Should the DPDA become ineligible for Main Street tax
credits, this Agreement may be returned to the Pasco City Council for determining its continuation.
The agreement may be extended up to 24 additional months, by mutual agreement of the
parties, subject to budget authority of the city manager.
Page 142 of 164
DPDA Funding Agreement - 3
Section 4: General Provisions
For the purpose of this Agreement, time is of the essence. Failure of the DPDA to either
provide the accounting or remit disallowed funds as required herein shall constitute a breach of
this agreement. The remedies available to the City shall include but not be limited to, return of all
funds delivered to the DPDA and denial of the right of the DPDA to apply for any future funding.
In the event of a dispute regarding the enforcement, breach, default or interpretation of this
Agreement, the parties shall first meet in a good faith effort to resolve suc h dispute. In the event
the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by
arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR);
venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall
apply; and the prevailing party shall be entitled to its reasonable attorney fees and costs.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
this ______, day of ______________, 2020.
CITY OF PASCO DOWNTOWN PASCO DEVELOPMENT
AUTHORITY
_______________________________ _______________________________
Dave Zabell, City Manager Gabriel Portugal, President
Page 143 of 164
AGENDA REPORT
FOR: City Council December 16, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
1/4/21
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: *Bid Award - Chapel Hill Park Construction
I. REFERENCE(S):
Bid Tabulation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to award the bid for construction of Chapel Hill Park to Total
Site Services in the amount of $728,006.05, including Washington State Sales
Tax, fuand contract the to Manager execute the authorize rther City
documents.
III. FISCAL IMPACT:
$728,006.05 - Parks Fund
IV. HISTORY AND FACTS BRIEF:
With the construction of the Chapel Hill neighborhood just south of I -182 and
east of Rd. 68, a five-acre parcel of land was set aside and deeded to the City
for the construction of a neighborhood park. Neighborhood parks such as these
are normally constructed after at least 70% of the homes have been completed
and a majority n the park impact fees anticipated from the surrounding
development are collected. The Chapel Hill neighborhood has passed that
milestone.
The neighborhood includes a significant number of multi-family units which
required additional consideration as to community needs, design and use of
the park as most of the parks the City has recently constructed we planned for
neighborhoods consisting predominantly of single-family units. To help assure
the project best served the surrounding neighborhoods, public input from future
users was essential. As the aforementioned development milestone
approached, staff conducted a community meeting and a survey in November
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of 2017. From that input, a concept design was completed in 2018 and
subsequently reviewed by the Parks and Recreation Board and City Council.
As the development threshold was reached, funds were budgeted for full
design which was completed in the fall of 2020. An advertisement for bids was
issued for the project in November
As designed and bid, the new Chapel Hill Neighborhood Park will include an
open playfield, picnic areas, basketball court, walking path, and playgrounds
for both 2-5 and 5-12 target ages. The playgrounds will be installed separately
from this contract by Gametime and will include pour -in-place fall protection.
This is due to the playgrounds being partially supported through grant funding.
The trees and shrubs for this park will also be installed separately as part of the
City's 2021 Arbor Day event, as a means by which the surrounding community
can contribute to their park and foster a sense of pride and ownership.
V. DISCUSSION:
As specified in the call for bids, bids for the project were opened December 14,
2020. The City received a total of five (5) bids. The lowest responsive bid was
submitted by Total Site Services in the amount of $728,006.05 including
Washington State Sales Tax. The low bid is slightly more than the construction
estimate and is within the project budget. The bidder has demonstrated the
ability to meet the bid specifications, including experience on similar public
projects in terms of scope and size.
The construction of this project realizes a long-term planned Parks
improvement project of the City and furthers the City Council's commitment to
their Quality of Life and Financial Stewardship goals. Staff recommends
acceptance of the bid and award of the Chapel Hill Neighborhood Park project
to Total Site Services as bid.
Page 145 of 164
4%?mjr?Ummno\m\m.NQNQPage 146 of 164
AGENDA REPORT
FOR: City Council December 30, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting:
1/4/21
FROM: Adam Lincoln, Deputy City Manager
Executive
SUBJECT: *Option to Resume Partial In-Person Public Meetings
I. REFERENCE(S):
Governor Proclamation No. 20-28.14 (December 7, 2020)
Draft Emergency Order No. 2020-006.1
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
On December 7, 2020, Governor Inslee modified Proclamation No. 20 -28.14
(attached) pertaining to the Open Public Meetings Act (OPMA). In the recent
extension of this proclamation, which now goes through January 14, 2021,
public agencies may include an in-person component to a public meeting.
Critical items from Proclamation No. 20-28.14:
• All meetings must continue to offer a virtual option for participants.
• Board members, staff and guests may attend meetings in a physical
location provided that the in-person attendance complies with the
following:
o Room occupancy is limited to 25% or less.
o Proper face coverings are required.
o Six-foot separation among in-person attendees is required.
o Meeting room sanitation is required.
• If the requirements for in-person meetings cannot be met, there must be
an overflow room option or the meeting needs to be discontinued if
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conditions cannot be met.
• In-person attendance is the exception and is a voluntary decision of the
person attending, you must have the virtual meeting attendance option.
• The above rules apply to all counties regardless of the phase that a
County is in.
V. DISCUSSION:
Staff considerations for proceeding with in-person meetings:
City staff has determined that there is sufficient space available to allow for all
Councilmembers who would like to attend in-person. Additionally, there is room
to accommodate the three staff members who have been in the City Council
Chambers during meetings (City Manager, ACS Director, and City Clerk). With
proper social distancing, there is room for 15 seats in the audience. Twenty -
five percent capacity for the City Council Chambers is 31 persons. With City
Council, staff, and attendees there would be allowable seating for twenty -five
socially distanced persons. Staff can also make room for overflow seating in
the hallway adjacent to the City Council Chambers.
In-person meetings are optional under the aforementioned Proclamation as
modified. Staff is anticipating that Council will want to d iscuss exercising this
option. Should Council choose to maintain remote meetings, no changes are
necessary, if Council wishes to opt for in-person meetings staff proposes to
take the following actions to assure compliance:
• All seating will be arranged and well-marked for six-foot distancing.
• Staff will sign the entrance to City-Hall so that there is a single, ADA
accessible, point of entry to the City Council Chambers. Additionally, the
primary exit will be the door that leads directly into the City Hall parking
lot from within the City Council Chambers. Clear signage will be added
so that visitors are clear as to where they need to go.
• Masks and hand sanitizer will be provided for any guest who needs
them.
• Staff will continue to provide remote presentations to allow the maximum
numbers of spaces for those members of the public desiring to attend in -
person.
• Provisions for public comment will be made for in-person attendees and
via the online meeting option. Online commenters will need to continue
to follow the practice of signing up ahead of the meeting to better
manage Inenvironment. online meeting in decorum the -person
attendees wishing to address Council on items not on the agenda will
sign-in to make comments per historical practice.
• An overflow room will be provided at the Police Community Services
Center to ensure access for in-person participants.
• The City Clerk will maintain a clean and disinfected podium for any in -
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person public commenters.
Council to discuss their preference to opt or not opt to exercise the in -person
component authorized by the Governor's Dec. 7 modified order and provide
direction to staff. Should Council view the in-person option favorably, the
Mayor will execute the attached Emergency Order allowing for in-person
attendance, which Council will ratify at the next meeting.
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PROCLAMATION BY THE GOVERNOR
AMENDING AND EXTENDING
PROCLAMATIONS 20-05 and 20-28, et seq.
20-28.14
Open Public Meetings Act and Public Records Act Proclamations
WHEREAS, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State of
Emergency for all counties throughout the state of Washington as a result of the coronavirus
disease 2019 (COVID-19) outbreak in the United States and confirmed person-to-person spread
of COVID-19 in Washington State; and
WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant
progression in Washington State, and the high risk it poses to our most vulnerable populations, I
have subsequently issued several amendatory proclamations, exercising my emergency powers
under RCW 43.06.220 by prohibiting certain activities and waiving and suspending specified
laws and regulations; and
WHEREAS, I issued Proclamations 20-25, et seq., first entitled Stay Home – Stay Healthy,
which initially prohibited all people in Washington State from leaving their homes except under
certain circumstances, and which I later amended to Safe Start – Stay Healthy” County-By-
County Phased Reopening, gradually relaxing those limitations based on county-by-county
phasing; and, on November 16, 2020 I again amended 20-25, et seq., to Stay Safe– Stay Healthy -
Rollback of County-By-County Phased Reopening Responding to a COVID-19 Outbreak Surge,
in response to a large surge of new cases of COVID-19, increased hospitalizations and ongoing
COVID-19 related deaths in Washington State; and
WHEREAS, to enable public meetings to occur while maintaining the social distancing and
limitations on in-person interactions necessary to curtail the spread of COVID-19, on March 24,
2020, I issued Proclamation 20-28, prohibiting in-person meetings and waiving and suspending
laws and rules concerning RCW 42.56, the Public Records Act, and RCW 42.30, the Open Public
Meetings Act that hindered conducting public meetings remotely; and
WHEREAS, under the provisions of RCW 43.06.220(4), the statutory waivers and suspensions
of Proclamation 20-28, et seq., have been periodically extended by the leadership of the
Washington State Senate and House of Representatives, and which I have acknowledged and
similarly extended the prohibitions therein in subsequent sequentially numbered proclamations,
which proclamations also contained modifications and guidance regarding the waivers,
suspensions, and prohibitions; and
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2
WHEREAS, on December 7, 2020, under the provisions of RCW 43.06.220(4), the statutory
waivers and suspensions in Proclamation 20-28, et seq., were again extended by the leadership of
the Washington State Senate and House of Representatives until the termination of the COVID-
19 State of Emergency or 11:59 p.m. on January 19, 2021, whichever occurs first; and
WHEREAS, to provide greater opportunity for the public to engage its governing bodies when
public health circumstances safely allow, while continuing to maintain critical social distancing
and other requirements to prevent further spread of the virus, it is necessary that I amend the
prohibition on open public meetings to exempt from this prohibition all meetings as allowed in
guidelines for “business meetings”, found in the “Miscellaneous Venues” guidance, and as
incorporated into the Proclamation 20-25 et seq., Stay Safe – Stay Healthy - Rollback of County-
By-County Phased Reopening Responding to a COVID-19 Outbreak Surge; and
WHEREAS, to fully extend Proclamations 20-28, et seq., it is also necessary for me to extend
the prohibitions provided therein; and
WHEREAS, to assist in the implementation of Proclamation 20-28, et seq., it is appropriate to
restate in one document the prohibitions and the statutory waivers and suspensions currently in
effect; and
WHEREAS, the Washington State Military Department Emergency Management Division,
through the State Emergency Operations Center, continues coordinating resources across state
government to address the impacts and long-term effects of the emergencies on Washington
State and its people.
NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, as a result of the
above-noted situations, and under RCW 38.08, 38.52, and 43.06, do hereby proclaim that a State
of Emergency continues to exist in all counties of Washington State, that Proclamation 20-05
and all amendments remain in effect, and that the prohibitions in Proclamations 20-28, et seq.,
are amended to (1) recognize the extension of the statutory waivers and suspensions of RCW
42.56 and RCW 42.30 restated herein by the leadership of the Washington State Senate and
House of Representatives until the termination of the COVID19 State of Emergency or
11:59 p.m. on January 19, 2021, whichever occurs first, (2) similarly extend the prohibitions
herein until the termination of the COVID-19 State of Emergency or 11:59 p.m. on January 19,
2021, whichever occurs first, and (3) amend a prohibition herein as set out below.
I again direct that the plans and procedures of the Washington State Comprehensive Emergency
Management Plan be implemented throughout state government. State agencies and departments
are directed to continue utilizing state resources and doing everything reasonably possible to
support implementation of the Washington State Comprehensive Emergency Management Plan
and to assist affected political subdivisions in an effort to respond to and recover from the
COVID-19 pandemic and wildfires.
I continue to order into active state service the organized militia of Washington State to include
the National Guard and the State Guard, or such part thereof as may be necessary in the opinion
of The Adjutant General to address the circumstances described above, to perform such duties as
directed by competent authority of the Washington State Military Department in addressing the
outbreak. Additionally, I continue to direct the Department of Health, the Washington State
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3
Military Department Emergency Management Division, and other agencies to identify and
provide appropriate personnel for conducting necessary and ongoing incident related
assessments.
FURTHERMORE, based on the above situation and under the provisions of RCW
43.06.220(1)(h), I find that RCW 42.30, as applied to all public agencies statewide, involves the
conduct of state business, and to help preserve and maintain life, health, property or the public
peace, and I hereby amend Proclamation 20-05, and 20-28 et seq., to prohibit public agencies as
follows:
Prohibition:
Any public agency subject to RCW 42.30 is prohibited from conducting a public
meeting subject to RCW 42.30 unless (a) the meeting is not conducted in-person and
instead provides an option(s) for the public to attend the proceedings through, at
minimum, telephonic access, and may also include other electronic, internet or other
means of remote access, and (b) provides the ability for all persons attending the
meeting to hear each other at the same time.
Exemption from Prohibition:
As an exception to the above prohibition, public agencies holding public meetings
may, at their option and in addition to hosting the remote meeting elements described
above, include an in-person component to a public meeting if all of the following
requirements are met:
1. The open public meeting complies with the guidelines for “business meetings”,
found in the “Miscellaneous Venues” guidance here, as incorporated into the
Proclamation 20-25 et seq., Stay Safe – Stay Healthy - Rollback of County-By-
County Phased Reopening Responding to a COVID-19 Outbreak Surge; and
2. Any person wishing to attend in person a public meeting with an in-person
component must be able to do so at a physical location meeting the requirements
herein, either in a primary meeting location or an overflow physical location that
provides the ability for all persons attending the meeting to hear each other at the
same time; and
3. If at any time during a public meeting the in-person component cannot comply with
each of the requirements herein, the public meeting (to include the
telephonic/remote access portions) must be recessed until compliance is restored or
if compliance cannot be restored then adjourned, continued, or otherwise
terminated; and
4. The public agency holding an in-person public meeting shall accommodate, to the
extent practicable, those wishing to participate in and/or attend the public meeting
(to include the press) by allowing persons to attend the meeting by listening and
speaking through operable telecommunications devices (examples include using an
attendee’s cell phone with service to connect to a conference calling service, or
allowing persons to call in using an attendee’s cell phone with service); and
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4
5. County and other local election canvassing boards performing operations related to
the 2020 general election are exempt from the prohibitions set forth in this
Proclamation to allow them to perform their operations openly and transparently,
provided that such boards must (a) permit all persons entitled by law to observe
such operations access sufficient to conduct such observation, and (b) follow
Department of Health and Department of Labor and Industries guidelines related to
facial coverings, social distancing, sanitizing, and other protective measures enacted
in response to the COVID-19 pandemic.
FURTHERMORE, based on the above noted situation and under the provisions of RCW
43.06.220(2)(g), I continue to find that strict compliance with the following portions of statutory
and regulatory obligations or limitations will prevent, hinder, or delay necessary action for
coping with the COVID-19 State of Emergency by bringing people in contact with one another
at a time when the virus is rapidly spreading, and that the language of each statutory provision
specified below is hereby waived and suspended:
• RCW 42.30.030 – the following words only:
“and all persons shall be permitted to attend any meeting of the governing body of a
public agency, except as otherwise provided in this chapter”
• RCW 42.30.040 – in its entirety;
• RCW 42.30.050 – as to the following word only: “room” in the first sentence
• RCW 42.30.070 – as to the following word only: the first usage of “site” - in the fourth
sentence
• RCW 42.30.075 – as to the following words only:
“Notice of any change from such meeting schedule shall be published in the state register
for distribution at least twenty days prior to the rescheduled meeting date.”
• RCW 42.30.080(2)(c) – as to the following words only:
“Prominently displayed at the main entrance of the agency's principal location and the
meeting site if it is not held at the agency's principal location.”
• RCW 42.30.090 – as to the following words only:
“on or near the door of the place where the regular, adjourned regular, special, or
adjourned special meeting was held.”
FURTHERMORE, based on the above noted situation and under the provisions of RCW
43.06.220(2)(g), I find that RCW 42.56, as applied to all public agencies statewide involves the
conduct of state business and I also continue to find that strict compliance with the following
statutory and regulatory obligations or limitations will prevent, hinder, or delay necessary action
for coping with the COVID-19 State of Emergency in responding to public records requests by
bringing people in contact with one another at a time when the virus is rapidly spreading, and
that the language of each statutory provision specified below is hereby waived and suspended
• RCW 42.56.080(2), as to the following words only:
o “Agency facilities shall be made available to any person for the copying of
public records except when and to the extent that this would unreasonably
disrupt the operations of the agency.”
o “in person during an agency's normal office hours, or”
• RCW 42.56.090, as to the first sentence only
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5
• RCW 42.56.100, as to the following word only in the first sentence: “full”
• RCW 42.56.520(1), as to the following words only in the second sentence:
o “Within five business days of receiving a public records request,”
o This statutory suspension at 42.56.520(1) does not apply to requests for public
records received by an agency electronically.
Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).
Signed and sealed with the official seal of the state of Washington on this 8th day of December,
A.D., Two Thousand and Twenty at Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State
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OFFICE OF THE MAYOR • (509) 545-3404 • FAX (509) 545-3403
P.O. Box 293 • 525 North 3rd Ave. • Pasco, WA 99301 www.pasco-wa.gov
Emergency Order No. 2020-006.1 1
Emergency Order No. 2020-006.1
Conducting Public Meetings
WHEREAS, on January 31, 2020, the United States Department of Public Health and
Human Services Secretary, Alex Azar declared a public emergency for the novel coronavirus
(COVID-19) beginning on January 27, 2020; and
WHEREAS, on February 29, 2020, Governor Jay Inslee signed Proclamation No. 20-05,
declaring a State of Emergency exists in all counties in the State of Washington due to the number
of confirmed cases of COVID-19 in the state and directed that plans and procedures of the
Washington State Comprehensive Emergency Management Plan be implemented; and
WHEREAS, beginning on March 11, 2020, the President of the United States, Donald J.
Trump, directed the Federal Government to take numerous emergency measures to address the
unprecedented nature of this public health crisis, including restrictions on all foreign travel outside
United States of America due to the number of confirmed cases of COVID-19 in the United States;
and
WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to PMC 2.55.010; and
WHEREAS, on March 17, 2020, the Department of Public Health of Benton and Franklin
County announced the first local case of COVID-19; and
WHEREAS, as the COVID-19 emergency worsens, there is an increasing likelihood that
City residents will be exposed to the virus; and
WHEREAS, on March 23, 2020, Governor Jay Inslee signed Proclamation No. 20-25,
imposing a “Stay Home – Stay Healthy” Order throughout Washington State, prohibiting all
people in Washington State from leaving their homes or participating in social, spiritual, and
recreational gatherings of any kind, regardless of the number of participants, and all non-essential
businesses from conducting business until midnight on May 4, 2020; and
WHEREAS, on March 24, 2020, Governor Jay Inslee signed a Proclamation No. 20-28,
waving and suspending the portions of RCW 42.30 and RCW 42.56 that require in -person
meetings or contact during this time of social distancing; and
WHEREAS, on March 29, 2020, the President of the United States, Donald J. Trump,
extended the social distancing guidelines for another 30 days or through April 30, 2020.; and
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Emergency Order No. 2020-006.1 2
WHEREAS, on December 7, 2020, Governor Jay Inslee issued Proclamation No. 20-
28.14, enabling public agencies, at their option and, in addition to hosting remote meeting elements
and all guidelines and requirements prescribed within Proclamation, to include an in-person
meeting component.
NOW, THEREFORE,
I, Saul Martinez, Mayor of the City of Pasco, ORDER under the emergency powers granted
to me under the Proclamation of Emergency, ratified by Resolution No. 3946, that:
1. The above recitals are true and correct in all respects.
2. The City Council and its boards and commissions meetings will temporarily
continue to hold their meetings remotely and not in-person. The public may still
attend the meetings with meeting/webinar software that allows them the public to
sign into the meeting by computer, tablet, smart phone or, at a minimum, attend
through a conference call-in process through their telephone.
3. The City Council meetings and workshops may include an in-person component as
prescribed in the Governor’s Proclamation 20-28.14 issued on December 7, 2020.
4. The following City boards and commissions may include an in-person meeting
component as prescribed in the Governor’s Proclamation 20-28.14 issued on
December 7, 2020: Civil Service Commission, Code Enforcement Board, Hearing
Examiner, Planning Commission, and Public Facilities District.
2.5. The following City advisory boards and commissions will continue to conduct their
meetings remotely: Arts and Culture Commission, Historic Preservation
Commission, Inclusion, Diversity and Equity Commission, LEOFF Disability
Board, Firefighters’ Pension Board, and Park and Recreation Advisory Board.
3. The City Council and its boards and commissions meetings will only take “action”
on matters that are (1) necessary and routine, or (2) are necessary to respond to the
outbreak and current public health emergency.
4. The City Council and its boards and commissions meetings will suspend the general
public comments section of their meetings and will allow public comment only
when it is addressing a specific item on the agenda when final action is pending or
during a published public hearing.
5.6. This Order shall be in effect for the duration of the Proclamation requiring the
aforementioned temporary waiver and/or suspension of the portions of RCW 42.30
that require in-person meetings ordered by the Governor, as amended, unless
extended or terminated by separate written order.
DATED this __03__ day of AprilJanuary, 20210.
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Emergency Order No. 2020-006.1 3
_________________________________
Saul Martinez, Mayor
Attest:
_________________________________
Debra Barham, CMC
City Clerk
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MEMORANDUM
December 30, 2020
TO: City Council
FROM: Councilmember Pete Serrano
RE: Draft Ordinance Regarding COIVD-19 Restrictions
I am asking each of you to consider the attached draft ordinance, which is the result of significant
business community outreach I have conducted. I recognize the proposed ordinance is a
departure from where the City Council has been since March with respect to COVID-related
business restrictions imposed by the State of Washington. However, over the past ten months,
many of our businesses have suffered great losses as the result of these restrictions, some may
survive, some will never reopen, and others still have been prevented from even starting. Over
the past year, we have learned much about the spread of COVID, and our businesses have risen
to the occasion, and have invested in their employees, practices and their space to create a safe
environment only to be closed or severely restricted or only partially opened. Our food and
entertainment industry has been hit particularly hard, as it remains severely restricted, and in
many cases, completely shut down. During that time, as a council, we have invested in our local
business community by passing along CARES Act and other grant funds. To that end, I offer the
draft ordinance for your consideration, in an effort to determine how this Council can take
affirmative steps to support the reopening of our businesses and our local economy.
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ORDINANCE NO. _____
AN ORDINANCE OF CITY OF PASCO DECLARING THAT PASCO
WILL NOT RECOGNIZE PROCLAMATION 20-25.9 AT THIS TIME;
SEEKING EQUITY FOR SMALL, INDEPENDENT AND MINORITY OWNED
BUSINESSES; SEEKING PROTECTIONS OF CIVIL RIGHTS OF PEOPLE O F
FAITH DURING THE CELEBRATION OF THEIR HOLY DAYS; DECLARING
AN EMERGENCY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Pasco seeks to protect the civil rights of each and every citizen of Pasco;
and
WHEREAS, The City of Pasco has established an Inclusivity Commission (now known
as the Inclusivity, Diversity, and Equity Commission) under Ordinance Number 3820 on
February 14, 2018, for the purpose of protecting the civil rights of our citizens; and
WHEREAS, the Governor’s Proclamation 20-25.9 extends closures of restaurants and
bars, fitness facilities and gyms, bowling centers, movie theaters, museums, zoos, aquariums,
and limits guest numbers at weddings, funerals and religious services, restricts youth and adult
sports, and bans singing indoors, and conflicts with Pasco’s established policies; and
WHEREAS, the restrictions create inequities for independent businesses, small
businesses, veteran owned, and minority owned businesses, of which a preponderance of burden
is placed on our communities of color; and
WHEREAS, Large national franchise retail businesses, following guidance from the
Washington State Department of Health, remain open, which creates profound inequities for
minority owned, independent businesses which are systemically discriminated against during the
Covid-19 restrictions; and
WHEREAS, The minority owned retail businesses in Pasco have not been presented
with data confirming a preponderance of infections occurring as a result of their operations; and
WHEREAS, Doctors working within the Tri-Cities health care system have expressed
their professional opinion that the infection rate does not justify the inequitable restrictions on
business activities targeting minority communities in the City; and
WHEREAS, Religious communities and individuals of faith have First Amendment
protections under the US Constitution that constrains the Federal Government from limiting the
free exercise of religion and Article 1, Section 11 of the Washington State Constitution confirms
a right of conscience in all matters of religious sentiment, belief, and worship, shall be
guaranteed to every individual; and
WHEREAS, The month of December presents several high holy days for several
worldwide religions that weave traditions that create the fabric of community life; and
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WHEREAS, In April, 2020, Governor Jay Inslee’s Proclamation 20-05 , et seq., first
entitled “Stay Home – Stay Healthy” suspended corporate and group worship, and the extension
of the Proclamation 20-25.9 through the holiday season inequitably infringes on the civil rights
of religious people who experience the act of singing in worship as essential. The traditions that
have underpinned religious worship for 1000s of years are essential parts of a rich texture of
culture and art, and the mandate to restrict singing impinges on one of the nation’s most
important civil rights, the right to worship.
WHEREAS, The City seeks to ensure that all faiths and cultures are respected and in
particular, restricting of singing of worship music, or other traditional music performed or sung
indoors or out of doors does not respect those wishing to celebrate the Christmas season; and
WHEREAS, The City desires to create an inclusive community that treats all businesses
equitably, with deference to the communities of color that represent the majority population in
City, that recognizes and respects the traditions of people of all faiths during their sacred holy
days;
NOW THEREFORE, THE CITY OF PASCO, WASHINGTON, DO ORDAINSAS
FOLLOWS:
Section 1. Emergency. An emergency exists which requires immediate action necessary
for the preservation of public health and safety, public property, and public peace.
Section 2. Non-Recognition of Proclamation No. 20-25.9: Pasco will not recognize the
Governor’s Proclamation 20-25.9 until such time as the inequities placed upon small,
independent, veteran owned, and minority owned businesses by forced closures can be remedied
by opening all businesses. The State of Washington and its Agencies not being bound by this
Ordinance, each resident of Pasco is encouraged to use their own judgment concerning future
choices and actions.
Section 3. Equitable Treatment of Veteran, Woman, or Minority Owned
Businesses: The Pasco City Council directs the City Attorney to evaluate policies of local
governments designed to protect the civil rights of all citizens within their jurisdictions and act to
protect veteran, woman, or minority owned businesses, small businesses, and independent
businesses singled out by the arbitrary nature of the Governor’s Proclamation 20-25.9 against a
State Agency of the State of Washington.
Section 4. Recognizing Worldwide Religious Traditions during the High Holy Days:
The City Manager and the Pasco Inclusivity, Diversity, and Equity Commission are directed to
evaluate the policies developed to protect the civil liberties of religious persons during the
celebration of their holy days and act to protect the citizens of faith from infringements of their
right to peaceably assemble.
Section 5. Equitable Policing across Jurisdictions: There will be no inequities with the
application of enforcement activities regardless of Federal, State, City or Municipal Agencies of
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Law Enforcement. Further, Pasco declares, to protect the health and welfare of its citizens and
its business community, that where an individual, seeking to enforce activity pursuant to
authority under the Governor Jay Inslee’s Proclamation 20-25, or other emergency order
authority adopted during the Covid-19 pandemic, said individual must:
1. Announce his or her presence, including first and last name and other identifier, such as
badge number, and an identification of the entity or agency and branch of such agency
that the individual represents;
2. The individual shall first receive authority to enter Pasco from chief of the Pasco Police
Department or his representative and the Franklin County Sherriff or his representative
and must provide evidence of the same;
3. The individual must present a health record demonstrating a negative Covid -19 test
within the past 48 hours or that the individual has received a Covid-19 vaccine prior to
entering Pasco; and
4. An Agency seeking to enforce alleged Covid-19 violations must hand deliver all such
violations and shall be prohibited from sending such correspondence via post mail,
courier, or other delivery service.
Section 6. Severability, If any section, sentence, clause, or phrase, of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause, phrase of this Ordinance.
Section 7. Effective Date, the City of Pasco, having declared an emergency exists which
requires immediate action necessary for the preservation of public health and safety, public
property, and the public peace, this ordinance shall take effect and be in full force immediately
upon passage if passed by a majority of the Pasco City Council.
Page 161 of 164
2020-2021CITVCOUNCILGOAISUsigCommunityDevelopmentBlockGrant(CD55)andotherpublicandprivatecapitaltorevitaiizeolderneighborhoodsandsaferoutestoessentialservices.Continuingeffortstowarddesigning,siting,programmingneeds,andsiteselectionforacommunitycenterandpursuingacquisitionoflandforfuturecommunitypark.DevelopingPhaseIoftheAStreetSportingComplexandcontinueeffortstoprovideadditionalsoccerandspans?elds.CoordinatingwiththePascoPublicFacilitiesDistricttodevelopapubliceducationcampaign,?nancialanalysisandprepareaballotmeasureconcerningthedevelopmentofaregionalaquaticfacilityforconsiderationbythepeople.Completingconstructionofanewanimalcontrolfacility.Ongoingeffortstoimproveefficiencyandeffectivenessofpublicresourcesinthedeliveryofmunicipalservices,programs,andIong~termmaintenanceandviabilityofpublicfacilities.Collaboratingwiththeinclusion,DiversityandEquityCommissionandcommunityleaderstoenhanceengagementeffortsandorganizationalculturalcompetency.Updatingdesignstandardsforthedevelopmentofnewneighborhoodsandredevelopmenttopromotegreaterneighborhoodcohesionthroughdesignelements,eg.:walkabillty,aesthetics,sustainability,andcommunitygatheringspaces.UpdatingParksandFacilitiesComprehensivePlantoinclude:publicfacilitiesinventory,needsassessment,levelofservice,andcentersevaluation.TeamingwithlocalandregionalpartnerstodevelopaHousingActionPlanwithafocusonstrategiesthatemphasizeaffordablehousing.Regularevaluationofservicesandprogramstocon?rmimportancetocommunity,adequacy,andcost—bene?t.ContinuationofcostofserviceandrecoverytargetsinevaluatingCityservices.Ongoingevaluationofcosts,processesandperformanceassociatedwithdeliveryofCityservicesIncludingcustomerfeedbackandsatisfaction,staffing,facilities,andpartnershipopportunities.instillingandpromotinganorganizationalcultureofcustomerserviceacrossallbusinesslines.Updatingpoliciesrelatingtourbanizationoftheunincorporatedislandstoassureconsistencywithlong~rangeplanning,communitysafety,andfiscalsustainability.Page 162 of 164
2020-1011CITVCOUNCILGOAISlDvelopingaComprehensivePoliceStrategicMasterPlanthroughatransparentprocesstoevaluatefutureservicelevelsofthedertmenttoassuresustainability,publicsafety,andcrimecontroloverthenext5-10years.Collaboratingwithregionalandcommunitypartnerstoevaluateandimplementstrategiestoreducetheincidenceofhomelessness.Leveragingandexpandingpartnershipstomaintainandenhancebehavioralhealthservicestocommunitymembersincrisisbeingassistedbypoliceandfire.Continuingeffortstoimprovepoliceandcommunityrelations.WorkingtoachieveandmaintaintargetfireresponsetimesthroughoperationalImprovementsandlong-rangestrategicplanningoffacilitiesandstaf?ng.Focusingonthelong-terrngoalofsustainingaWashingtonStateRatingBureauClass3communityrating.Leveraginginfrastructuredatabaseofsidewalks,streetllghtsandpavementconditionsalongwithevaluatingpoliciesandmethodstoaddressneedsandinequities.CommencementandcompletionofconstructionoftheLewisStreetOverpassproject,ContinuedemphasisonimprovementsinRoad68/l~182/BurdenBlvd.corridortoimproveoperationandsafety.Data-drivenpro-activeneighborhoodtrafficcalmingefforts.ContinuedcollaborationwithBenFmnklinTransittoenhancemobilityandaccess.CompletionofaTransportationSystemMasterPlanandutilitationofitsrecommendationstodeveloppolicies,regulations,programs,andprojectsthatprovideforgreaterconnectivity,strategicinvestment,mobility,multi-modalsystems,accessibility,efficiencyandsafety.DowntownrevitalizationeffortsofDowntownPascoDevelopmentAuthority(DPDA),post-COVIDrestart,andCityinitiativessuchasDowntownMasterPlanprocessandsigncodemodi?cations.TheconstructionofPeanutsParkandFarmersMarketandcontinuedeffortstopursuestreetscapeandgatewayupgrades.ThecompletionoftheComprehensiveLandUsePlanUpdateandBroadmoorMasterPlanefforts,adoptionofUrbanGrowthAreaexpansionalternative,implementationofadoptedlong-rangeplanningeffortswithappropriateanalysisandadoptionofplanningactionsincluding:zoningcodechanges,phasedsigncodeupdate,anddevelopmentregulationsandstandards.Page 163 of 164
2010-2011CITVCOUNCILGOAL‘IncreasedeffortstopromotethecommunityasadesirableplaceforcommercialandIndustrialdevelopmentbypromotingsmallbusinessoutreachandassistance,predictabilityinprojectreview,andexcellentcustomerservice.PartnershipsandencouragementofDepartmentofNaturalResources(DNR)tofacilitatedevelopmentoftheremainingstate-ownedpropertiesatRoad68/l-182.ContinuedcoordinationwiththePortofPascotocompleteandimplementawaterfrontdoningplanandprovideforpublicinfrastructure.Activepartnershipsintheplanninganddevelopmentofstrategiestopromotetourismanddeploymentofassetstospureconomicactivity.Inconcertwithcommunitypartners,developmentofacomprehensiveeconomicdevelopmentplan.nInuedeffortsofcommunitysurveyingthroughtraProvidingopportunitiesforcommunityengagementthroughboards,commissions,volunteeropportunities,socialmedia,forums,andotheroutlets.Enhancedinter-agencyandconstituentcoordinationdevelopedduringthepandemic.Continuedeffortsofthecommunityidentity/imageenhancementcampaigntoincludepromotionofcommunityandorganizationalsuccesses.Enhancedparticipationandsupportofculturaleventsoccurringwithintheoommunity.SupportoftheArtsandCultureCommissioninpromotingunityandthecelebrationofdiversitythroughartandcultureprograms.Ionameosaneappicauononewecnoogies.Page 164 of 164