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HomeMy WebLinkAbout2021.04.12 Council Workshop Packet AGENDA City Council Workshop Meeting 7:00 PM - Monday, April 12, 2021 GoToWebinar Page 1. REMOTE MEETING INSTRUCTIONS - The Pasco City Council Workshops 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. Call-in information to GoToWebinar for "listen-only" mode is: (562) 247-8422 and use access code 465-398-545. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. VERBAL REPORTS FROM COUNCILMEMBERS 5. ITEMS FOR DISCUSSION 4 - 28 (a) Inclusivity, Equity and Diversity Commission Work Plan Presentation Presentation by Jeffrey Robinson, Chairperson of Inclusion, Diversity and Equity Commission 29 - 54 (b) 2021 Customer Service Presentation 55 - 57 (c) J&J Kelly Construction Annexation Update (MF# ANX 2020-002) 58 (d) Micro Mobility - Scooter Rental 59 - 60 (e) 2021 Grand Old Fourth of July Tentative Plan 61 - 170 (f) Ordinances - PMC Amendment: Critical Areas Ordinance & Development Regulations (MF# CA2021-002) Page 1 of 227 171 - 204 (g) Resolution - Agreement with HDR for Construction Management Services for WWTP Improvements Phase 1 Project 205 - 221 (h) Ordinance - Northwest Sewer LID - Interim Financing 6. MISCELLANEOUS COUNCIL DISCUSSION 7. EXECUTIVE SESSION 8. ADJOURNMENT 9. ADDITIONAL NOTES 222 - 227 (a) Adopted 2020-2021 Council Goals (Reference Only) (b) REMINDERS • Monday, April 12, 11:45 AM: Pasco Chamber of Commerce Membership Virtual Meeting • Monday, April 12, 6:00 PM: Old Fire Pension Board Meeting – Virtual Meeting (MAYOR SAUL MARTINEZ, Rep.; MAYOR PRO TEM BLANCHE BARAJAS, Alt.) • Thursday, April 15, 3:30 PM: Franklin County Emergency Management Council Meeting – Virtual Meeting (COUNCILMEMBER CRAIG MALONEY, Rep.; MAYOR SAUL MARTINEZ, Alt.) • Thursday, April 15, 4:00 PM: Tri-Cities National Park Committee Meeting – Virtual Meeting (MAYOR SAUL MARTINEZ, Rep.; MAYOR PRO TEM BLANCHE BARAJAS, Alt.) • Friday, April 16, 10:00 AM: Benton-Franklin Council of Governments Board Meeting – Virtual Meeting (COUNCILMEMBER RUBEN ALVARADO, 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 Page 2 of 227 business day's notice to the City Clerk to ensure availability.) Page 3 of 227 AGENDA REPORT FOR: City Council April 5, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 4/12/21 FROM: Angela Pashon, Senior Management Analyst Executive SUBJECT: Inclusivity, Equity and Diversity Commission Work Plan Presentation I. REFERENCE(S): Inclusivity Commission Charter - April 2018 Redlined Work Plan PowerPoint Presentation Resolution No. 3820 - Establishing Inclusivity Commission February 2018 Resolution No. 3906 - Extended Ad Hoc Commission through December 31, 2020 Resolution No. 3992 - Extended Ad Hoc Commission through December 31, 2021 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presentation by Jeffrey Robinson, Chairperson of Inclusion, Diversity and Equity Commission III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The Inclusion, Diversity and Equity Commission (IDEC) was established in February 2018 by Resolution No. 3820 for a limited term and purpose as outlined and appointment recruitment, to Charter. its in Subsequent confirmation by Council, the IDEC (formally known as Inclusivity Commission) conducted their first meeting in August 2018. The newly formed Commis process sion began a strategic planning in December 2018 and additional facilitated work sessions were held in the first Page 4 of 227 quarter of 2019. The IDEC's work plan and extension through December 31, 2020 was approved by City Council on June 3, 2019, by Resoluti on No. 3906. To strengthen their understanding of City processes, programs, and services, the IDEC received presentations for City departments on topics such as communications, hiring practices, public access, and training throughout 2019. In addition, the IDEC received presentations from community organizations including: • Communities In Schools of Benton-Franklin • Pasco School District • Junior Achievement • Downtown Pasco Development Authority • Tri-Cities Diversity Council The IDEC spent significant time building a foundational understanding of City services and processes in addition to learning about community organizations to further assist in their mission to "identify means to promote and embrace diversity and inclusivity and to make such recommendations to the City Council for action, education, and guidance to foster an environment that includes, accepts, respects and appreciates all members of our community." Consistent with this guidance, the IDEC conducted its first community outreach and engagement forum event in September 2019, with further such outreach and engagement efforts at community events such as Cinco de Mayo and the Fiery Foods Festival. In the first half of 2020, several conditions hampered the progres s of the Commission's for recommendations of development and workplan consideration by the City Council, including: • Commission Vacancies • COVID-19 • mandated limitation of public meetings to be only "routine and A necessary" until July 2020 • Orientation of 3 new commissioners With the lessening of restrictions this past summer, the IDEC resumed a monthly of meeting schedule, remotely, in August 2020. The first order business by the Commissioners was the review of the established work plan, which had sat dormant for six months due to COVID restrictions. The work plan contemplates considerable public outreach, requiring gatherings, visitations, exhibits and experiences not conducive to a virtual meeting setting and challenging due to current limitations on public gatherings. For the reasons outlined above and their desire to present meaningful and Page 5 of 227 complete recommendations to City Council, the IDEC requested an extension of the ad hoc commission through December 31, 2021. Council extended the term of commission, and commissioners themselves, through December 31, 2021. IDEC completed a review and modifications to the work plan, which were approved by the Commissioners at their November 18, 2020, meeting. The review resulted in the realignment or removal of some established items while also adding the following: • Supporting and promoting diverse cultural and heritage events in Pasco by identifying and partnering with existing organizations and their events • Identify language, technology, and other barriers of accessibility to City Council meetings • Help the City of Pasco develop a strategic equity plan including recommendations on policies to increase recruitment and retention of a diverse for training further recommendation and, workforce for employees and volunteers to develop a culturally competen t city government. Preceding the review and update, the commission prioritized the work plan using three criteria: community impact, level of resources, and feasibility. V. DISCUSSION: The IDEC Chairperson Jeffrey Robinson will present the revised IDEC work plan from including its prioritization. The Commission requests feedback Council on work plan direction prior to implementation. Page 6 of 227 CHARTER OF THE PASCO INCLUSIVITY COMMISSION ARTICLE I Establishment and Name Section 1.0 —Establishment. By Resolution No. 3820, the Pasco City Council has provided for the establishment of the Pasco Inclusivity Commission hereinafter referred to as the Commission." ARTICLE II Mission and Goals of Commission Section 2.1 —Mission. The primary mission of the Pasco Inclusivity Commission is to assist the Pasco City Council in promoting inclusivity in Pasco. The Commission shall conduct such activities, including public meetings, to identify means to promote and embrace diversity and inclusivity and to make such recommendations to the City Council for action, education, and guidance to foster an environment that includes, accepts, respects and appreciates all members of our community. The Commission will be an advisory board to the City Council. Section 2.2 — Goals and Work Plan. The goals and work plan of the Pasco Inclusivity Commission are as follows: 1. Develop a working plan and procedures in accordance with this Charter. 2. Examine the practices and procedures of the City of Pasco to identify strategies to create a greater feeling of inclusion and welcoming for all who live and work in Pasco. 3. Engage with Pasco residents, interest groups, and businesses, seeking feedback on their experiences that can improve life in Pasco. 4. Identify strategies that help the City to be more inclusive in engaging residents and businesses that will better promote unity, equality and understanding in Pasco; including the preparation of a report for the City Council on opportunities to recognize and celebrate Pasco's diverse culture. 5. Identify funding strategies to implement these goals. 6. Present recommendations to the Pasco City Council on how to achieve the goals above. Reports to the Council may be made as progress occurs; however, not less than once per year. Charter of the Pasco Inclusivity Commission Page 2Page 7 of 227 ARTICLE III Duration Section 3.0. The Commission shall continue in duration until February 20, 2020 unless continuation of the Commission is extended by a majority vote of the Pasco City Council no less than ninety (90) days prior to the date of expiration (November 20, 2019). If so extended, the term shall be extended by such period as determined by the City Council. ARTICLE IV Commission Members Section 4.1 — Selection, Vacancies and Voting. The Commission shall consist of seven (7) voting members. The Mayor shall appoint the members of the Commission with confirmation of the appointments by the Pasco City Council as follows: 1. The Commission Chairperson shall be selected by the City Council who shall conduct the meetings of the Commission and report to the Pasco City Council as requested or provided below. 2. A Vice-Chair selected by a majority of the Commission shall fulfill the duties of the Chairperson in absence of the Chairperson. 3. Commission members shall be appointed for terms of one (1) year, and may be subject to reappointment. 4. Vacancies on the Commission shall be filled for the unexpired term of the former member. In accordance with PMC 2.58.010, Commission members may be removed for incompetency, incompatibility, dereliction of duty, malfeasance in office, inefficiency, neglect of duty, or for other good cause, and membership shall be forfeited in the event the member has four (4) absences from regular meetings within a twelve (12) month period of time, or absences for three (3) consecutive regular meetings. 5. The majority rule shall control commission meetings with each member having a single vote. Commission members may not assign or grant proxies for their voting rights. Section 4.2 —Liaison and Staff. The City Council may appoint a City Councilmember to serve as a non-voting liaison to the Commission. The City Council may direct the City Manager to appoint a staff advisor who shall serve as a non-voting liaison to the Commission. Charter of the Pasco Inclusivity Commission Page 3Page 8 of 227 ARTICLE V Meetings Section 5.1 —Commission Meetings. The Commission shall meet as necessary,but not less than once per month, at a date and time to be determined by the Commission. A quorum shall be required for meetings where votes are scheduled to make recommendations to the City Council. A quorum is not required to commence a workshop meeting of the Commission. A quorum shall be no fewer than four members. Section 5.2 — Open Public Meetings. All Commission Meetings shall be open to the public and notice of meetings shall be given to the extent required by law in a manner consistent with the Open Public Meetings Act, Chapter 42.30 RCW. At each meeting any person shall have a reasonable opportunity to address the Commission either orally or in writing. Section 5.3 — Parliamentary Authority. The rules of Robert's Rules of Order (revised) shall govern the Commission in all cases to which they are applicable, where they are not inconsistent with the Charter or with the special rules of the Commission. Section 5.4 — Minutes. Copies of the minutes of all regular or special meetings of the Commission shall be available to any person or organization that requests them as required by state law. The minutes of all Commission meetings shall include a record of individual votes on all matters voted on by the Commission. ARTICLE VI Amendments to Charter Section 6.1 — Proposal to Amend Charter. Any Commission member may introduce a proposed amendment to the Charter at any meeting of which proper advance notice has been given to members of the Commission. The notice shall include the text of the proposed amendment and a statement to its purpose and effect. Section 6.2 — City Council Approval of Proposed Charter Amendments. Proposed Charter Amendments adopted by the Commission shall be submitted to the City Council for approval. The Commission Charter maybe amended only by action of the City Council. CERTIFICATE I, the undersigned, City Clerk of the City of Pasco, Washington (City) do hereby certify that this Charter of the Pasco Inclusivity Commission is a true and correct original of such Charter as authorized by action of the City Council on this 2nd day of April, 2018. City Clerk of the City of Pasco, Washington Charter of the Pasco Inclusivity Commission Page 4Page 9 of 227 CITY OF PASCO INCLUSION, DIVERSITY & EQUITY COMMISSION Work Plan PresentationPage 10 of 227 IDEC Workplan Overview TOP 3 OBJECTIVES URGENCY, COMMUNITY IMPACT, & FEASIBILITY RECOMMENDATIONS TO CITY COUNCIL ONGOING INITIATIVES REQUIRING GREATER INVESTMENTPage 11 of 227 IDEC’s TOP 3 Objectives 1.Help the City of Pasco develop a strategic equity plan. 2.Hold Inclusion, Diversity and Equity meetings in the community on a quarterly basis. 3.Improve engagement with the City.Page 12 of 227 Help the City of Pasco develop a strategic equity plan. ◦Recommend policies that increase recruitment and retention of a diverse city workforce. ◦Provide recommendations on further diversity, equity, and inclusion and antiracism training to all city volunteers and staff to develop a culturally competent city government. Urgency…Community Impact…FeasibilityPage 13 of 227 Hold Inclusion, Diversity and Equity meetings in the community on a quarterly basis. •Provides forum outside of city hall to impart the mission and work plan and, for residents to share experiences and offer suggestions on inclusion, diversity and equity in Pasco city government. •Integrate a different cultural component (food, performance, presentation) to each meeting. •Establish a questionnaire consistent with other city survey instruments. •Solicit feedback about city government and Pasco. •Rotate among council districts. Urgency…Community…Impact…FeasibilityPage 14 of 227 Improve engagement with the City •Identify language, technology, and other barriers to accessibility to City Council meetings by making appropriate recommendations to City Council. •Assure that residency status is not a deterrent to engagement. Urgency…Community…Impact…FeasibilityPage 15 of 227 IDEC Recommendations for Council ◦Open trainings to the community and local business owners looking to educate themselves on diversity, equity, and inclusion. ◦Increase diversity in city campaigns and marketing tools to reflect the current community demographics as well as the desired growth. ◦Support and promote diverse cultural and heritage events in Pasco.(i.e., Juneteenth, Diwali, Chinese New Year, etc.)Page 16 of 227 ONGOING INITIATIVES REQUIRING GREATER INVESTMENT IMPROVE EDUCATIONAL CAMPAIGNS. INTRODUCE EVALUATION/ASSESSMENT TOOLS. INTRODUCE ANNUAL INCLUSION AUDIT AND SCORE CARD. WORK IN CONJUNCTION WITH THE PASCO SCHOOL BOARD TO CREATE AN INCLUSIVITY COMMISSION (IC) YOUTH SUBCOMMITTEE FOR MIDDLE AND HIGH SCHOOL STUDENTS.Page 17 of 227 Approved November 18, 2020 INCLUSION, DIVERSITY AND EQUITY COMMISSION WORK PLAN GOAL #1: Foster an environment that includes, accepts, respects and appreciates all members of our community by promoting the city’s commitment to Inclusion, Diversity and Equity. OBJECTIVES A. Work in conjunction with the Pasco School Board to create an Inclusivity Commission (IC) youth subcommittee for middle and high school students. 1. Provides opportunity and forum for youth advisement on what their needs and ideas to improve inclusion, diversity and equity in city government and the Pasco community. B. Create a portal on the City’s website and Facebook page. 1. Promote commission work products or events and share resources that can facilitate the mission. C. Support and promote diverse cultural and heritage events in Pasco. Have a presence at festivals and events which take place in Pasco. 1. Promotes community engagement and inclusivity. 2. IDEC will facilitate providing survey instruments and suggestion forum to the community, especially when translated to other languages, to help gather data from the community. 3. Impart information on city programs and services by engaging all media to feature efforts and increase participation. 4. Identify and partner with existing organizations and their events. D. Hold Inclusion, Diversity and Equity meetings in the community on a quarterly basis. 1. Provides forum outside of city hall to impart the mission and work plan and, for residents to share experiences and offer suggestions on inclusion, diversity and equity in Pasco city government. 2. Integrate a different cultural component (food, performance, presentation) to each meeting. 3. Establish a questionnaire consistent with other city survey instruments. 4. Solicit feedback about city government and Pasco. 5. Rotate among council districts. GOAL #2: Help the City of Pasco be more inclusive OBJECTIVES A. Improve engagement with the City. 1. Improve accessibility at City Council Meetings. 2. Research reasons for lack of participation and seek suggestions for improvement. 3. Provide translators when significant issues emerge. Page 18 of 227 Approved November 18, 2020 4. Engage all media to feature effort and increase participation. 1. Identify language, technology, and other barriers to accessibility to City Council meetings by making appropriate recommendations to City Council. 2. Assure that residency status is not a deterrent to engagement. B. Improve educational campaigns. Improve city government accessibility. 1. Assign commission liaisons to observe and monitor City boards, commissions and advisory committees for recommendations to enhance inclusivity, diversity and equity. (incorporated into goal no. 3) C. Recommend ways to increase diversity in city campaigns and market ing tools to reflect the current community demographics as well as the desired growth. 1. Provides an opportunity to use non-verbal tools to promote inclusivity and combat exclusivity. GOAL #3: Promote unity, equality, understanding, diversity , and inclusivity in city government. OBJECTIVES A. Introduce evaluation/assessment tools. 1. Increase accountability of commissions, departments, and activities. i. Periodically assign commission liaisons to observe and monitor City boards, commissions and advisory committees for recommendations to enhance inclusivity, diversity and equity. B. Introduce annual inclusion audit and score card. 1. Rate inclusivity, diversity and equity of City-sponsored activities, employment, and contracting. 2. Report to Administration and City Council with results and recommendations. C. Help the City of Pasco develop a strategic equity plan. 1. Recommend policies that increase recruitment and retention of a diverse city workforce. 2. Provide recommendations on further diversity, equity, and inclusion and anti - racism training to all city volunteers and staff to develop a culturally competent city government. D. Recommend opening trainings to be accessible to the community and local business owners looking to educate themselves on diversity, equity, and inclusion. Page 19 of 227 RESOLUTION NO. 3'2,0 A RESOLUTION of the City of Pasco, Washington establishing an Inclusivity Commission to provide recommendations to the City Council for implementation by staff for City-wide inclusivity improvements. WHEREAS,the City of Pasco has historically been the home for diverse cultures within our region, creating its unique character and opportunities, as well as a source of pride for all who live here; and WHEREAS, the City Council of the City of Pasco desires to protect and encourage our diverse culture, as well as to protect the constitutional rights of its citizens, including the right to be free of discriminatory practices and the fair application of law and to demonstrate that Pasco is a welcoming and inclusive City, where laws apply equally to all who live here, and where individuals, families and businesses are welcome; and WHEREAS,the City Council of the City of Pasco is honored to serve the entire community, and seeks to provide equal protection to our residents and access to all of the City's services to those that live here; and WHEREAS, Article I, Section I of the Washington Constitution declares that"governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights"; and WHEREAS, the Washington State Legislature has established the "Washington Law Against Discrimination" which declares the "right to be free from discrimination because of race, creed, color, national origin, sex, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability is recognized as and declared to be a civil right"; and WHEREAS, the Pasco City Council, by oath, declares to uphold and support the Constitution and laws of the State of Washington, and hereby reaffirms its support to,do so for equal benefit of all those who live here; and WHEREAS, the Pasco City Council, to advise it in meeting these goals and responsibilities, desires to create an ad hoc Inclusivity Commission; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES RESOLVE AS FOLLOWS: Section 1. Declaration of City Council. The City of Pasco is hereby declared to be an Inclusive City, committed to embracing diversity and promoting equality among our work force, residents, businesses, and visitors and, hereby establishes an ad hoc Inclusivity Commission to provide recommendations to the City Council for implementation by staff for City-wide inclusivity improvements. Section 2. Establishment of Pasco Inclusivity Commission. The City Council hereby establishes a citizen ad hoc commission to be known as the "Pasco Inclusivity Commission." The City Council further directs the City Manager to develop a charter for the Pasco Inclusivity Inclusivity Commission Resolution Page 1 Page 20 of 227 Commission to be submitted to the City Council for adoption within sixty(60) days of the date of the passage of this Resolution. Section 3. Mission of Inclusivity Commission. The primary mission of the Pasco Inclusivity Commission is to assist the Pasco City Council in promoting inclusivity in Pasco. The Commission shall conduct such activities, including public hearings, to identify means to promote and embrace diversity and inclusivity and to make such recommendations to the City Council for action, education, and guidance to foster an environment that includes, accepts, respects and appreciates all members of our community. Section 4. Selection of Inclusivity Commission. The Pasco Inclusivity Commission shall consist of seven(7) voting members. The Mayor shall appoint the members of the commission with confirmation of the appointments by the Pasco City Council as follows: 1. The Commission Chairperson shall be selected by the City Council who shall conduct the meetings of the Commission and report to the Pasco City Council as requested or provided below. 2. A Vice-Chair selected by a majority of the Commission shall fulfill the duties of the Chairperson in absence of the Chairperson. 3. In appointing members of the Commission, the City Council will strive to select such members to represent the general City population in age, gender, race, ethnicity, sexual orientation and national origin. 4. The term for service shall be one (1)year, and may be subject to reappointment. 5. The commission members or vacancies shall be in accordance with PMC 2.58.010. 6. The majority rule shall control commission meetings with each member having a single vote. 7. Commission members may not assign or grant proxies for their voting rights. 8. The City Council may appoint a City Councilmember to serve as a non-voting liaison to the commission. The City Council may direct the City Manager to appoint a staff advisor who shall serve as a non-voting liaison to the commission. Section 5. The Commission. The requirements of the commission will be as follows: 1. Meet one time per month at the date and time determined by the commission, or more often as may be necessary. 2. Develop a working plan and procedures in accordance with the Council adopted Charter. 3. Report to the City Council as progress occurs; however, not less than an annual report to the City Council. 4. All Commission Meetings shall be open to the public. Inclusivity Commission Resolution Page 2 Page 21 of 227 I 5. All Commission members must be residents who have lived within the Pasco City limits for at least one (1)year, or have a currently licensed business,operating within the City. 6. The Commission will issue special reports at the request of the City Council at any time during its sitting. 7. The Commission will be an advisory board to the City Council. Section 6. Goals of Inclusivity Commission. The goals of the Pasco Inclusivity Commission are as follows: 1. Examine the practices and procedures of the City of Pasco to identify strategies to create a greater feeling of inclusion and welcoming for all who live and work in Pasco. 2. Engage with Pasco residents, interest groups, and businesses, seeking feedback on their experiences that can improve life in our community. 3. Identify strategies that help the City to be more inclusive in engaging our residents and businesses that will better promote unity, equality and understanding in Pasco. 4. Identify funding strategies to implement these goals. 5. Provide the City Council with a report on opportunities to recognize and celebrate Pasco's diverse culture. 6. Present recommendations to the Pasco City Council on how to achieve the goals above. Section 7. This Commission shall expire within twenty-four (24) months of the date of this Resolution unless extended by a majority vote of the Pasco City Council no less than ninety(90) days prior to the date of expiration. If so extended, the term shall be extended by such period as determined by the City Council. Section 8. Effective Date. This Resolution shall be effective upon approval. PASSED by the City Council of the City of Pasco this 20th day of February, 2018. CITY OF P ASC`O Matt Watkins,Mayor AT ST:APPROVED AS TO FORM: J 1,/U,X/J J&.&b a? Daniela Erickson,City Clerk e and rr, City Attorney Inclusivity Commission Resolution Page 3 Page 22 of 227 RESOLUTION NO. Z `"1i O `0 A RESOLUTION of the City of Pasco, Washington, declaring the City of Pasco an Inclusive City, amending the name to the "Pasco Inclusion, Diversity, and Equity Commission," extending the term of the citizen ad hoc commission, through December 31, 2020 and amending the terms, conditions and requirements of the Pasco Inclusion, Diversity and Equity Commission. WHEREAS, the City of Pasco has historically been the home for diverse cultures within our region creating its unique character and opportunities, as well as a source of pride for all who live here; and WHEREAS, the City Council of the City of Pasco desires to protect and encourage our diverse culture, as well as to protect the constitutional rights of its citizens, including the right to be free of discriminatory practices and the fair application of law and to demonstrate that Pasco is a welcoming and inclusive City, where laws apply equally to all who live here, and where individuals, families, and businesses are welcome; and WHEREAS, the City Council of the City of Pasco is honored to serve the entire community and seeks to provide equal protection to our residents and access to all of the City's services to those that live here; and WHEREAS, Article I, Section I of the Washington Constitution declares that governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights"; and WHEREAS, the Washington State Legislature has established the "Washington Law Against Discrimination which declares the "right to be free from discrimination because of race, creed, color, national origin, sex, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability is recognized as and declared to be a civil right"; and WHEREAS, the Pasco City -Council, by oath, declares to uphold and support the Constitution and laws of the State of Washington, and hereby reaffirms its support to do so for equal benefit of all those who live here; and WHEREAS, the Pasco City Council, to advise it in meeting these goals and responsibilities, established and created a charter for an ad hoc Inclusivity Commission in May of 2018; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES RESOLVE AS FOLLOWS: Section 1. Declaration of City. Council. The City of Pasco is hereby declared to be an Inclusive City, committed to embracing diversity and promoting equality among our work force, Page 23 of 227 residents, businesses, and visitors, and established the ad hoc Inclusivity Commission in May of 2018. Section 2. Name change of Pasco Inclusivity Commission. The City Council hereby amends the Commission name to "Pasco Inclusion, Diversity, and Equity Commission." Section 3. Extension of Pasco Inclusion, Diversity, and Equity Commission. The City Council hereby extends the term of the citizen ad hoc commission, through December 31, 2020. Section 4. Terms and Conditions for Inclusioii, Diversi!y, and Inclusion Commission. The Pasco Inclusivity Commission shall consist of seven (7) voting members. The Mayor shall appoint the members of the commission with confirmation of the appointments by the Pasco City Counci as follows: 1. The Commission Chairperson shall be selected by the City Council who shall conduct the meetings of the Commission and report to the Pasco City Council as requested or provided below. 2. A Vice -Chair selected by a majority of the Commission shall fulfill the duties of the Chairperson in absence of the Chairperson; and 3. In appointing members of the Commission, the City Council will strive to select such members to represent the general population in age, gender, race, ethnicity, sexual orientation, and national origin. 4. The term for service shall be through January 31, 2020. 5. The commission members or vacancies shall be filled in accordance with FMC 2.58.010. 6. The majority rule shall control commission meetings with each member having a single vote. 7. Commission members may not assign or grant proxies for their voting rights. 8. The City Council may appoint a City Councilmember to serve as a non-voting liaison to the commission. The City Council may direct the City Manager to appoint a staff advisor who shall serve as a non-voting liaison to the commission. Section 5. Inclusion, Diversity, and Equity Commission. The requirements of the commission will be as follows: 1. Meet one time per month at the date and time determined by the Council, or more often as may be necessary. Page 24 of 227 2. Develop and implement working plan and procedures in accordance with the Council adopted Charter. 3. Report to the City Council as progress occurs, however, not less than an annual report to the City Council. 4. All Commission Meetings shall be open to the public. 5. All Commission members must be residents who have lived within the Pasco City limits for at least one (1) year, or have a currently licensed business, operating within the City. 6. The Commission will issue special reports at the request of the City Council at any time during its sitting. 7. The Commission will be an advisory board to the City Council. Section 6. Goals of Inclusion Diversily, and Equity Commission. The goals of the Pasco Inclusivity Commission are as follows: 1. Examine the practices and procedures of the City of Pasco to identify strategies to create a greater feeling of inclusion and welcoming for all who live and work in Pasco. 2. Engage with Pasco residents, interest groups, and businesses, seeking feedback on their experiences that can improve life in our community. 3. Identify strategies that help the City to be more inclusive in engaging our residents and businesses that will better promote unity, equality, and understanding in Pasco. 4. Identify funding strategies to implement these goals. 5. Present recommendations to the Pasco City Council on how to achieve the goals above. Section 7. Celebration of Diversity. The Commission shall provide the City Council with a report on opportunities to recognize and celebrate Pasco's diverse culture. Section 8. This Commission shall expire on December 31, 2020 unless extended by a majority vote of the Pasco City Council no less than ninety (90) days prior to the date of expiration. If so extended, the term shall be extended by such period as determined by the City Council.. Section 9. Effective Date. This Resolution shall be effective upon adoption. Section 10. Amendments to Charter. City Council further directs the City Manager to amend the charter for the Commission to reflect the aforementioned changes, to be submitted to the City Council for adoption within sixty (60) days of the date of the passage of this Resolution. Page 25 of 227 PASSED by the City Council of the City of Pasco this 3rd day of June, 2019. CITY OF PASCO Matt Watkins, Mayor ATT T: APPROVED AS TO FORM: City itlerk Eric F son, City Attorney Page 26 of 227 RESOLUTION NO.3992 A RESOLUTION OF THE CITY OF PASCO,WASHINGTON, EXTENDING THE TERM OF THE PASCO INCLUSION,DIVERSITY,AND EQUITYCOMMISSION,A CITIZEN AD HOC COMMISSION,THROUGH DECEMBER 31,2021. WHEREAS,the City of Pasco has historically been the home for diverse cultures within our region creating its unique character and opportunities,as well as a source of pride for all who live here;and WHEREAS,the City Council of the City of Pasco desires to protect and encourage our diverse culture,as well as to protect the constitutional rights of its citizens,including the right to be free of discriminatory practices and the fair application of law and to demonstrate that Pasco is a welcoming and inclusive City,where laws apply equally to all who live here,and where individuals,families,and businesses are welcome;and WHEREAS,the City Council of the City of Pasco is honored to serve the entire community and seeks to provide equal protection to our residents and access to all of the City's services to those that live here;and WHEREAS,Article L Section I of the Washington Constitution declares that "govemments derive their just powers from the consent of the governed,and are established to protect and maintain individual rights";and WHEREAS,the Washington State Legislature has established the "Washington Law Against Discrimination RCW 49.60 which declares the "right to be free from discrimination because of race,creed,color,national origin,sex,honorably discharged veteran or military status, sexual orientation,or the presence of any sensory,mental,or physical disability or the use of a trained dog guide or service animal by a person with a disability is recognized as and declared to be a civil right";and WHEREAS,the Pasco City Council,by oath,declares to uphold and support the Constitution and laws of the State of Washington,and hereby reaf?rms its support to do so for equal bene?t of all those who live here;and WHEREAS,the Pasco City Council,to advise it in meeting these goals and responsibilities,established and created a charter for an ad hoc commission in May of 2018,known as the Inclusion,Diversity,and Equity Commission. NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF PASCO,DOES RESOLVE AS FOLLOWS: Resolution —Extending IDEC —1 Page 27 of 227 Section 1.Extension ef EeeeeInelusion,Diversjty,and Equity Commissien.The City Council hereby extends the term of the citizen ad hoc commission,through December 31,2021. Section 2.Termsandggenditions for Ineleejen,Diversity,and Inclusiog ggemmissieg,All other terms and conditions provided in the Charter of the Commission through Resolution No. 3828 and amended in Resolution No.3906 will remain the same. Section 3.giggle ef Inelusion,Djverejty.and Eguity Commission.The goals of the Pasco Inclusivity Commission are as follows: 1.Examine the practices and procedures of the City of Pasco to identify strategies to create a greater feeling of inclusion and welcoming for all who live and work in Pasco. 2.Engage with Pasco residents,interest groups,and businesses,seeking feedback on their experiences that can improve life in our community. 3.Identify strategies that help the City to be more inclusive in engaging our residents and businesses that will better promote unity,equality,and understanding in Pasco. 4.Identify funding strategies to implement these goals. 5.Present recommendations to the Pasco City Council on how to achieve the goals above. Section 4.Qelebratienof Diversity.The Commission shall provide the City Council with a report on opportunities to recognize and celebrate Pasco's diverse culture. Section 5.This Commission shall expire on December 31,2021 unless extended by a majority vote of the Pasco City Council no less than ninety (90)days prior to the date of expiration. If so extended,the term shall be extended by such period as determined by the City Council. Section 6.Effectivelgete.This Resolution shall be effective upon adoption. PASSED by the City Council of the City of Pasco,Washington this 215‘day of September, %wr///g Saul Martinez Mayor ATTEST:APPROVED AS TO FORM: bfénc»,1 )7g~,.;A\—» Debra Barham,CMC City Clerk son Law,PLLC 'y Attorney Resolution —Extending IDEC —2 Page 28 of 227 AGENDA REPORT FOR: City Council April 6, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 4/12/21 FROM: Richa Sigdel, Director Finance SUBJECT: 2021 Customer Service Presentation I. REFERENCE(S): PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: N/A III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The Finance Department's Customer Service Division is providing a brief presentation to update Council of the services they provide to the City and City's customers. V. DISCUSSION: Page 29 of 227 Customer Service Division April 12, 2021Page 30 of 227 CUSTOMER SERVICE STAFFING •Manager •Two Accounting Assistants •One Utility Billing Clerk •One Department Assistant •Temporary Staffing as needed Page 31 of 227 CUSTOMER SERVICE STAFF •Are customer service-oriented •Attend to customers promptly •Are friendly and informative •Are adaptable to change •Have extensive computer knowledge Page 32 of 227 WHO WE ARE Page 33 of 227 OVERVIEW OF PRESENTATION •Utility Billing Services •Treasury Functions •Pet LicensingPage 34 of 227 UTILITY BILLING SERVICESPage 35 of 227 UTILITY BILLING SERVICES •24/7 online and phone payment with no fee •Automatic payment option •Senior Discount for reduced water/sewer •Budget Plan •24/7 after hours reconnect service outside of regular hoursPage 36 of 227 UTILITY BILLING •Billing for water, sewer, storm drain, ambulance, and irrigation •Weekly “tagging” of delinquent accounts (Pre Covid-19) •Weekly shut-off on delinquent accounts (Pre Covid-19) •On/Offs •AnnexationsPage 37 of 227 UTILITIES 22,528 Customers •19,313 Single Family Residential •505 Multi-Unit and Apartments •1,211 Commercial •1,111 Miscellaneous •388 Storm Drain Only and XX Sewer OnlyPage 38 of 227 UTILITIES As of 2/28/2021 22,528 Customers •315 Customers on the Budget Plan •7,324 Customers on Auto-Pay Option (increase of over 1,000 since Covid-19) •359 Customers on Low Income Senior Discount Plan •5,301 Mail in Payments processed •766 drop box payments Page 39 of 227 UTILITY BILLING •Returned mail •NSF/Returned Checks •Collections, liens and bankruptcies •Escrow Payoffs •Phones calls –lots and lots of phone callsPage 40 of 227 UTILITY NEW SERVICES 293 359 438 564 672 589 544 584 2013 2014 2015 2016 2017 2018 2019 2020 New Services Page 41 of 227 SHUT OFF PROCESS (Pre Covid-19) •$10 penalty assessed 20 days after bill date •Next bill shows “PAST DUE” with an “URGENT NOTICE” •Businesses and Multi-Residential receive 7 day TAG on door •$10 collection fee assessed 40 days after bill date •Automated courtesy call 48 hours prior to disconnect •Disconnection and $50 service fee 48 days from bill datePage 42 of 227 SHUT-OFF DATA Page 43 of 227 DELINQUENT ACCOUNT DATA DATE ACCTS PAST DUE 30 DAYS 60 DAYS 90 DAYS 120 DAYS TOTAL PAST DUE 2/5/20 93 $2,230 $2,647 $2,417 $23,853 $ 31,147 12/30/20 3,268 $ 300,156 $ 115,913 $ 54,218 $134,208 $ 604,495 2/3/21 2,463 $146,675 $ 130,097 $ 59,517 $ 154,241 $ 490,530 3/31/21 1,775 $ 109,219 $ 58,549 $ 41,276 $ 183,102 $ 392,146Page 44 of 227 CARES Utility Assistance Grant Funds Disbursed GRANTS COUNT AMOUNT Under $100 18 $1,327.97 $100 -$200 48 $6,867.16 $201 -$300 29 $7,135.34 $301 -$400 15 $5,330.40 $401 -$500 12 $5,393.52 $501 -$1000 26 $18,352.28 $1001 -$6500 4 $16,656.36 TOTAL 152 $61,063.03Page 45 of 227 POST MORATORIUM •Establish transition period •Engage in proactive communication with customers •Assist customers by making reasonable repayment plansPage 46 of 227 TREASURY FUNCTIONSPage 47 of 227 OTHER PAYMENTS WE PROCESS •City Taxes •Local Improvement Districts (LID’s) •Cemetery •Escrow Payments •EFT (Electronic Fund Transfers) Payments •Accounts Receivables •Miscellaneous (Benefits, Restitution, Ambulance, BLS, State, County) •Provide backup to other City departments on cashiering when necessaryPage 48 of 227 TREASURY FUNCTIONS •Treasury Functions Banking Cash Management Petty CashPage 49 of 227 PET LICENSINGPage 50 of 227 PET LICENSING •Animal licensing is required for all dogs in City Limits. •The keeping of dogs and cats is limited to three each. •It is required by City ordinance that all pets have current rabies vaccination. •The City is partnered with PetData who provides pet licensing services. •PetData licensing can be done online 24/7, over the phone, and through the mail. •In person licensing is available for our cash customers at City Hall. (when COVID-19 restrictions are lifted). •Dangerous and Potentially Dangerous dog licensing is only done at the Tri-Cities Animal Shelter.Page 51 of 227 2018 2019 2020 Page 52 of 227 GOALS FOR 2021 •Enable More Customer Self-Service Options •Improve Troubleshooting Skills of Staff •Speed Up Response TimesPage 53 of 227 CUSTOMER SERVICE STAFF AND OUR METER READING CONTRACTORPage 54 of 227 AGENDA REPORT FOR: City Council April 7, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 4/12/21 FROM: Rick White, Director Community & Economic Development SUBJECT: J&J Kelly Construction Annexation Update (MF# ANX 2020-002) I. REFERENCE(S): Overview Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On 8 September 2020, the City Council passed Resolution No. 3980 accepting a “Notice and Intent” to commence annexation proceedings for the J&J Kelly Annexation Area. Following the passage of the resolution a final petition was submitted to the City. The petition has been reviewed by the County Assessor and has been determined to be sufficient to constitute a legally acceptable petition under the petition method of annexation. The petition, in conjunction with one annexation agreement on file with the City, represents 63.66% of the assessed value for the annexation area. The petition and annexation agreement also cover 80.64% of the proposed annexation land area. The next step in the annexation process requires the City Council to conduct a public hearing on the proposed annexation. Page 55 of 227 V. DISCUSSION: The proposed annexation will cause the area in question to be annexed to the City subject to the following conditions: 1. The Pasco Comprehensive Plan will be applicable to the area. 2. The annexation area will assume proportionate and existing bonded indebtedness (currently there is none). 3. The annexation area will be assigned to City Council District No. 5. The Hearing Examiner has conducted a zoning determination hearing for the proposed annexation area on March 10, 2021. That recommendation will be coming to Council as a quasi-judicial item in conjunction with the proposed annexation. Both these items - the Annexation and the applicable zoning determination - are scheduled for the April 19, 2021 Council regular meeting. Page 56 of 227 Item:J&JApplicantFile#2AKellyConstructionAnnexatioJ&JKellyConstruction-5‘'".‘ul?n-I-I11:-u-pi._...IIW.7..,"..7.I.hi‘'1-.-''‘L.-—.u\xxx'.'7II‘I1H,’K‘V'_"L".1-'1-'‘’u.-3..--‘I''i:''-.I‘«'IL;'9"I:‘{;3JI_'If‘Y'._~.-‘IO—-z;_@:ssr?,M@x@r,GE»:..‘I'—r—i""I.N—|'»‘V’.-n’‘-I-_,—,1‘EaL?t[h1§‘:'_@r6;:-@@jraphE@,’C{mESm??C®M§r'EJ3S,JJ.§CD5Zé\”A@r§si€RH,_I3'__‘.;.'\‘_~«_’_..;.3,:§rq.§g11:h;@g?§L'Qs@r€@mm¢.:'<§i'?"I.-d“|‘q.>~---M-.1-'‘-7‘-7.T'Page 57 of 227 AGENDA REPORT FOR: City Council April 5, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 4/12/21 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Micro Mobility - Scooter Rental I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Undetermined at this time. IV. HISTORY AND FACTS BRIEF: both Richland, and Kennewick of Recently the with Pasco, along Cities independently and through Visit Tri Cities, have been approached by various companies regarding micro-mobility or scooter rentals. This would initially be through a pilot program to test the market and demand for the use. There are numerous factors to consider with this effort, including but not limited to, street and trail usage, speed limits, or general desire for this in the community. V. DISCUSSION: Staff will be presenting the proposal idea, along with the information on regulations applicable to Pasco streets and trails to the Council for discussion and views this as the beginning of a dialogue. Page 58 of 227 AGENDA REPORT FOR: City Council April 5, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 4/12/21 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: 2021 Grand Old Fourth of July Tentative Plan I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: As Council is aware, last year with the height of the COVID-19 Pandemic, the Annual Grand Old Fourth of July Celebration was significantly reduced in scope to meet restrictions put into place at that time. Some of the events included virtual activities, as well as activities that families or small groups could do on their own and share to social media. In addition to that, it was also determined to not have the traditional fireworks display at Gesa Stadium due to restrictions on sizing of crowds. 2021 brings about a new landscape for pandemic restrictions with a number of allowance being seen that will enable staff to host more festivities than allowed in 2020. While Pasco may not have a typical celebration, a number of traditional events that meet state health regulations are being planned. Events include (subject to reduced capacity and spacing requirements): - Pancake Breakfast - Street Dance - Car Show - Cardboard Regatta - Soccer Competition (Tournament) - Gesa Stadium Activities (Food, entertainment, fireworks) - Parade Page 59 of 227 V. DISCUSSION: Further detail will be provided at the workshop meeting for Council discussion. Page 60 of 227 AGENDA REPORT FOR: City Council April 6, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 4/12/21 FROM: Rick White, Director Community & Economic Development SUBJECT: Ordinances - PMC Amendment: Critical Areas Ordinance & Development Regulations (MF# CA2021-002) I. REFERENCE(S): Draft Ordinance for Critical Areas Ordinance Draft Ordinance for Development Regulations Comment Matrix Staff Report to the Planning Commission Dated: Feb 18, 2021 Meeting Minutes from the Planning Commission Dated: Feb 18, 2021 Department of Fish & Wildlife Correspondence PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: The Washington State Department of Commerce Department tracks three milestones to ensure jurisdictions are compliant with the Growth Management Act ("GMA"): •Comprehensive Plan (Resolution No 3998; Pending Franklin County Approval) •Critical Areas Ordinances •Development Regulations In order to satisfy the requirements of the GMA’s periodic update, the City will need to update a series of Development Regulations and Critical Areas in the Pasco Municipal Code to ensure consistency with recent state laws. Updates Page 61 of 227 to the Critical Areas Ordinance and Development Regulations Ordinance are primarily administrative as they will reflect recent state laws or references to the RCWs. As such, staff has coordinated the updates with applicable state agencies including: •WA Department of Commerce •WA Department of Ecology •WA Department of Health •WA Department of Fish & Wildlife •WA Department of Natural Resources The Planning Department has also coordinated this effort with the Pasco Department of Public Works and working alongside the City's consulting team, Oneza & Associates and White Bluffs Consulting. Two coordination meetings were held in January that assisted with the development of the policies for compliance and ensuring the process has followed all necessary requirements. This agenda report includes two (2) draft ordinances for Council discussion and review. Within each ordinance are numerous revisions in cluded those needed to comply with the GMA. The City issued a Determination of Non -Significance (DNS) on February 4, 2021, indicating the proposed amendments do not have a probable significant adverse impact on the environment. The Planning Commission hosted a workshop on January 21, a public hearing on February 18, 2021, and has forwarded a recommendation for Council approval of the proposed ordinances. V. DISCUSSION: As noted in the History and Facts Brief, there are two separate items and amendments for Council considerations related to the Critical Areas (PMC Title 28) and Development Regulations (PMC Titles 12 & 25). The Washington State Department of Commerce Growth Management Services provides guidance to local jurisdictions, including a checkl ist used by staff and the consulting team to identify where revisions and updates were necessary. A summary of those revisions is provided below. Critical Areas • Update references to include Best Available Science • Adds new definitions consistent with state guidelines • Wetland Designations o Updates to wetland delineations manual references; land-use intensity table; buffer width (consistent with the existing Shoreline Regulations); mitigation ratios Page 62 of 227 Fish and Wildlife Habitat Conservation Areas o Adds clarifications; allowed uses and protection measures Aquifer Recharge Areas o Updates to regulations, permitting, performance standards • Flood Hazard Areas o Update to management regulations • Geologic Hazard Areas o Lists allowed uses and activities The Critical Areas revisions went through an extensive review process that included Those agencies. state from and comments numerous feedback comments and staff/consultant responses are provided in the Comment Matrix (attached.) Development Regulations The language Pasco the in modify existing new are items following or Municipal Code (PMC). Similar to the Critical Areas, these revisions were confirmed with the Washington State Department of Commerce for compliance with the Growth Management Acts Periodic Update requirements per RCW 36.70A.130(4). Additions: • Affordable Housing Definition o Affordable housing is defined as when the total housing costs, including basic utilities, does not exceed 30% of the income limit (for renters, 50% or less of the county median family income, adjusted for family-size, and for owners, 80% or less of the county median family income, adjusted for family size). RCW 36.70A.540, and WAC 365-196-410(2)(e)(i) defines affordable housing. • Mineral Lands Regulations o Designated mineral lands and associated regulations reviewed as required by RCW 36.70A.131 and WAC 365-190-040(5). • Electric Vehicle Battery Charging Station Regulations o Development regulations of all jurisdictions must allow electric vehicle battery charging stations in all areas except those zoned for residential or resource use, or critical areas by July 1, 2011. RCW 36.70A.695, New in 2009 • Comprehensive Plan Annual Docketing, Amendment and Emergency Amendment Procedures o Regulations include a docketing process for requesting and considering plan amendments. RCW 36.70A.130(2), RCW 36.70A.470, and WAC 365-196-640(6) o an for emergency emergency Regulations define plan amendment. RCW 36.70A.130(2)(b) and WAC 365-196-640(4) Page 63 of 227 Revisions • Transportation Concurrency o Addition of Highways of Statewide Significance as Exempt per RCW 36.70A.070(6)(a)(iii)(C) Next Steps The proposed revisions are recommended for approval pending Council review and discussion. As mentioned, they are intended to bring the Critical Areas and Development Regulations in compliance with the statutory requirements adopted since the 2007-2027 Comprehensive Plan was adopted by Council. Page 64 of 227 Ordinance – PMC Title 28 Updates - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, AMENDING TITLE 28 OF THE PASCO MUNICIPAL CODE “CRITICAL AREAS” CONSISTENT WITH THE PERIODIC REVIEW AND UPDATE UNDER THE WASHINGTON STATE GROWTH MANAGEMENT ACT. WHEREAS, the Growth Management Act, in RCW 36.70A.130, requires the City of Pasco to take legislative action to review, and if needed, revise its Comprehensive Plan and development regulations to ensure their continued compliance with the requirements of 36.70A; and WHEREAS, the Pasco City Council adopted Resolution No. 3998 on October 5, 2020, adopting Volume 1 and Volume 2 of the 2018-2038 Comprehensive Plan and Future Land Use Map; and WHEREAS, the City of Pasco, during the process of its periodic review and update, has reviewed its Critical Areas Ordinance for consistency with the Growth Management Act; and WHEREAS, RCW 36.70A.172 requires cities and counties include the best available science (sometimes referred to herein as “BAS”) in developing policies and development regulations to protect the functions and values of critical areas and to give special consideration to conservation or protection measures necessary; and WHEREAS, as result of the city review and comment from public agencies, citizens and stakeholders, several areas were identified for updates to the existing critical areas regulations; and WHEREAS, the Pasco Planning Commission conducted a public hearing on February 18, 2021, and recommended the amendments be forwarded to the Pasco City Council for approval; and WHEREAS, staff was notified on March 4, 2021 confirming our compliance with the Growth Management Act’s notification to state agency requirements in RCW 36.70A.106. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Title 28 Critical Areas, of the Pasco Municipal Code is amended and updated as follows. Chapter 28.04: Title – Citation - Purpose 28.04.010 Title This title shall be known as the critical areas regulations of the City of Pasco, Washington. 28.04.020 Authority and Purpose of Title This Title is adopted under the authority of Chapters 36.70 and 36.70A RCW and Article 11 of the Washington State Constitution. Page 65 of 227 Ordinance – PMC Title 28 Updates - 2 ItsThe purpose of this Title is to conserve and protect the values and functions of environmentally sensitive and hazardous areas, which contribute to public health, safety, and welfare of the community without violating any citizen's constitutional rights to the use of property as required by the GMA of 1990 (Chapter 17, Laws of 1990)Title 36.70A RCW. 28.04.030 Critical Areas Critical areas, as defined in RCW 36.70A.030(6)by the Growth Management Act, and of concern to the City of Pasco include: (1) Wetlands; (2) Fish and wildlife habitats; (3) Aquifer recharge areas; (4) Flood hazard areas; and (5) Geologically hazardous areas such as those subject to landslide and steep slope failures, erosion, seismic events, mine collapse, and volcanic hazards. 28.04.040 Critical Area Categories The City finds that these critical areas fall into one or both of the following categories: (1) Critical areas provide a variety of valuable and beneficial biological and physical functions that benefit the City and its residents; and (2) Critical areas pose potential threat to human safety or to public and private property. 28.04.05028.04.040 Intent of Critical Area Regulation The intent of this Title is to implement the provisions of the Growth Management Act (GMA)Title 36.70A RCW and the Pasco Comprehensive Plan by managing development in harmony with critical areas. This Title seeks to: (1) Protect members of the public and public resources and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, seismic events, volcanic eruptions, or flooding; (2) Protect unique, fragile and valuable elements of the environment, including fish and wildlife and their habitats; (3) Mitigate unavoidable, significant impacts to environmentally sensitivecritical areas by regulating alterations in and adjacent to such critical areas; Page 66 of 227 Ordinance – PMC Title 28 Updates - 3 (4) Prevent cumulative adverse environmental impacts to water quality and wetlands; (5) Meet the requirements of the Washington GMA (RCW 36.70A) with regard to the protection of critical area lands; (6)(5) Meet the requirements of theUtilize "Best Available Science" rule intended to ensure that best available science is included in the development of local policies and regulations for critical areas pursuant to RCW 36.70A.172(1). The rule also identifies ways to provide including special considerations for preserving or enhancing anadromous fisheries, pursuant to RCW 36.70A.172 (1); and (7)(6) Coordinate environmental review and permitting of proposals to avoid duplication and delay of desirable actions. 28.04.060 Legislative Authority This title is adopted under the authority of Chapters 36.70 and 36.70A, RCW and Article 11 of the Washington State Constitution. 28.04.07028.04.050 Interpretation In the interpretation and application of this Title, all provisions shall be: (1) Considered the minimum necessary; (2) Liberally construed to serve the purposes of this Title; and, (3) Deemed neither to limit nor repeal any other powers under state statute. 28.04.08028.04.060 Relationship to Other Regulations The regulations of this title shall apply as an overlay and shall be used in addition to zoning and other regulations established by the City of Pasco. In the event of any conflict between these regulations and any other regulations of the City, the regulations that provide greater protection to environmentally sensitivecritical areas or greater protection from environmental hazards shall apply. It is recognized that many city, county, state, and federal permit conditions may be applied to a proposed action, and that compliance with the provisions of the Title does not constitute compliance with other such requirements. Satisfaction of the requirements of this title shall also be sufficient to satisfy the requirement for critical areas analysis and mitigation pursuant to ChapterRCW 43.21C RCW, Chapter 197-11 WAC, (State Environmental Policy) and Title 23 (Environmental Impact) of the City of Pasco Municipal Code. Page 67 of 227 Ordinance – PMC Title 28 Updates - 4 28.04.09028.04.070 Best Available Science Documentation A listing of document sources used in the development of this Title is maintained on file in the City's Community and Economic Development Department, Planning Division. (1) Chapter 36.70A RCW requires jurisdictions to include the best available science when designating and protecting critical areas; and the implementation of conservation or protection measures necessary to preserve or enhance anadromous fish and their habitat (Chapter 365-195 WAC). (2) Best available science, as defined in PMC 28.08.030, shall be used in developing policies and development regulations to protect the functions and values of critical areas. Critical area reports and decisions to alter critical areas shall rely on the best available science to protect the functions and values of critical areas. (3) Critical Area Reports, mitigation plans, and decisions to permit the alteration of critical areas shall rely on the best available science to ensure the protection of the ecological functions and values of critical areas, and must give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish and their habitat. (4) Best available science sources, at a minimum, have included the following: (a) Critical area maps; (b) Maps and reference documents in the City of Pasco’s SPM Inventory, Characterization, and Analysis Report, as applicable; (c) U.S. Geological Survey (USGS) topographic quadrangle maps; (d) Aerial photographs; (e) Soil Survey of Franklin County, Washington, by the U.S. Department of Agriculture, Soil Conservation Service; (f) National Wetland Inventory maps; and (g) WDFW Priority Habitats and Species maps. Chapter 28.08 Definitions 28.08.010 Definition interpretation Unless otherwise provided for in this title, all words and phrases shall be interpreted to Page 68 of 227 Ordinance – PMC Title 28 Updates - 5 have their customary meanings and usages. 28.08.020 A definitions “Activity” means any development or land use action, or composite of such actions, which falls under the jurisdiction of this title. “Administrative official, administrator” means the City Planner Director of Community and Economic Development, who shall be responsible for administering the provisions of this title; or designee. “Alteration” means any human-induced activity that changes the existing condition of a critical area. Alterations include, but are not limited to: grading; filling; dredging; draining; channelizing; clearing or removing vegetation; applying herbicides, pesticides or any hazardous substance; discharging pollutants; modifying for surface water management purposes, cutting, pruning or topping, clearing, relocating or removing vegetation; paving; construction; applying gravel; or any other human activity that changes the existing landforms, vegetation, hydrology, wildlife, or wildlife habitat of a critical area. Alterations do not include walking, fishing, or any other passive recreation or other similar activity. “Anadromous fish” means species, such as salmon, which are born in fresh water, spend a large part of their lives in the sea, and return to fresh water rivers and streams to procreate. “Applicant” means the person, party, firm, corporation, or other entity that proposes any activity that could affect a critical area. “Aquifer recharge area” means areas with a critical recharing effect on potable water resources. 28.08.030 B definitions “Best available science (BAS)” means current and scientific information used in the process to designate, protect, or restore critical areas that is derived from a valid scientific process as defined by ChapterWAC 365-195 WAC-900 through 365-195- 925. Sources of best available science are included in “Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas” published by the State Office of Community Trade and Economic DevelopmentDepartment of Commerce. “Best management practices (BMPs)” means best management practices are accepted, state-of-the-art measures for obtaining the highest quality mitigation possible in a given situation. BMPs encompass a variety of behavioral, procedural, and structural measures. “Buffer or buffer area” means a naturally vegetated and undisturbed or revegetated Page 69 of 227 Ordinance – PMC Title 28 Updates - 6 zone surrounding a critical area that protects the critical area from adverse impacts to its integrity and value, or is an integral part of the resource’s ecosystem. 28.08.040 C definitions “Compensatory mitigation” means the process or action of replacing project-induced wetland and fish and wildlife habitat conservation areas losses or impacts, including but not limited to restoration, creation, and enhancement. “Confined aquifer” means any aquifer bounded above and below by impermeable or relatively impermeable layers. “Conservation easement” means an agreement between a landowner and a land trust organization whereby the landowner forms a perpetual legal agreement to permanently restrict harmful uses and development of a property. The land stays in private ownership and use, and the land trust sees that the restrictions are carried out. Land trusts are local, regional or statewide nonprofit organizations directly involved in protecting important land resources for public benefit. “Critical area designation” means the legal identification and specification for regulatory purposes of critical areas. “Critical area detailed study” means a thorough investigation of an activity and the critical area(s) it may impact as required by this title. “Critical areas” includes wetlands, geologically hazardous areas, fish and wildlife habitat conservation areas, flood hazard areas and aquifer recharge areas as designated in this title and required by Chapter 36.70A RCW and WAC 365-190-080. 28.08.050 D definitions “Development” means any construction or exterior alteration of structures, dredging, drilling, dumping, filling, earth movement, clearing or removal of vegetation, or other site disturbance which either requires a permit, approval or authorization from the City or is proposed by a public agency. “Development proposal” means any of the activities relating to the use and/or development of land requiring a permit or approval from the City of Pasco. 28.08.060 E definitions “Emergent wetland” means a wetland with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative stratum. “Endangered species” means a species that is in danger of extinction throughout all or a significant portion of its range. “Enhancement” means, for the purposes of critical areas regulations, an action that Page 70 of 227 Ordinance – PMC Title 28 Updates - 7 improves the functions or values of a sensitive area or buffer. Enhancement may or may not be mitigation. “Environmentally sensitive area” means any area whose functions and values are subject to disruption by any regulated activity. “Exemption” means release from the liability or requirement of a regulation as a result of meeting the specific identified criteria. “Existing and ongoing agriculture” means those activities conducted on lands defined in RCW 84.34.080(2), and those existing activities involved in the production of crops or livestock. Activities may include the operation and maintenance of farm and stock ponds or drainage ditches; operation and maintenance of existing ditches or irrigation systems; changes from one type of agricultural activity to another agricultural activity; normal maintenance, repair, and operation of existing serviceable structures, facilities or improved areas. Activities that bring a nonagricultural area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a nonagricultural use or has lain idle for more than five years. “Exotic” means any species of plant(s) or animal(s) that is foreign to the planning area. 28.08.070 F definitions “Facility” means any structure, contiguous land, appurtenances, and other improvements on the land used for recycling, reusing, reclaiming, transferring, storing, treating, disposing, or otherwise handling a hazardous substance. Use of the term “facility” includes underground and aboveground tanks and operations that handle, use, dispose of or store hazardous substances. “Favorable determination” means the determination by the City Planner Department of Community and Economic Development that the activity will adequately mitigate its impact upon the critical area(s) and comply with performance standards of this title and is authorized. “Final determination” means the determination by the City Planner Department of Community and Economic Development of the adequacy of the project, as proposed, to mitigate any effects it may have on critical areas that are included within or adjacent to the project site. In addition, the City Planner Department of Community and Economic Development will assess the adequacy of the project proposal’s compliance with the applicable performance standards. The determination will be either favorable or unfavorable, indicating that the activity is or is not, respectively, authorized. “Function” means the natural processes performed by a critical area and its components. 28.08.080 G definitions Page 71 of 227 Ordinance – PMC Title 28 Updates - 8 “Geologic hazard areas” means lands or areas characterized by geologic, hydrologic and topographic conditions that render them susceptible to potentially significant or severe risk of landslides, erosion, or volcanic or seismic activity or that are susceptible to liquefaction. 28.08.090 H definitions “Habitat conservation areas of local importance” means a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alteration, such as wetlands. “Hazardous substance(s)” means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics of hazardous waste, including waste oil and petroleum products. “Hazardous substance processing or handling” means the use, storage, manufacture or other land use activity involving hazardous substances, but does not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. “Hazardous waste” means all dangerous waste and extremely hazardous waste as designated pursuant to Chapter 70.105 RCW and Chapter 173-303 WAC. (a) Dangerous Waste. “Dangerous waste” means any discarded, useless, unwanted, or abandoned substances including, but not limited to, certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes: Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means. (b) Extremely Hazardous Waste. “Extremely hazardous waste” means any waste which: Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic makeup of humans or wildlife; and Page 72 of 227 Ordinance – PMC Title 28 Updates - 9 Is disposed of at a disposal site in such quantities as would present an extreme hazard to humans or the environment. “Hazardous waste treatment and storage facility” means a facility that treats and stores hazardous waste and is authorized pursuant to Chapter 70.105 RCW and Chapter 173- 303 WAC; including all contiguous land and structures used for recycling, reusing, reclaiming, transferring, storing, treating, or disposing of hazardous waste. “Hydric soil” means soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper portions of the soil profile. “Hydrogeologic assessment” means a report detailing the subsurface conditions of a site and which indicates the susceptibility and potential for contamination of groundwater supplies. 28.08.100 I definitions “In-kind” means an action to replace a critical area with a substitute critical area whose characteristics closely approximate those destroyed or degraded by a regulated activity. 28.08.110 J definitions 28.08.120 K definitions 28.08.130 L definitions “Lakeshore management plan” means the McNary Lakeshore Management Plan, Lake Wallula, Oregon and Washington, prepared by the US Army Corp of Engineers, intended to manage and protect the shoreline and to promote recreation and to operate and maintain water resource projects in the public interest. “Landslide hazard areas” means areas that, due to a combination of slope inclination, relative soil permeability and hydrologic factors, are susceptible to varying risks of landsliding. 28.08.0140 M definitions 28.08.0150 N definitions “Normal maintenance and repair” means normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. Normal maintenance includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. Normal repair means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of Page 73 of 227 Ordinance – PMC Title 28 Updates - 10 structure or development and the replacement structure or development is comparable to the original structure or development, including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to environment or shoreline resources. “NRCS” means the Natural Resource Conservation Service of the United States Department of Agriculture. 28.08.0160 O definitions “Off site” means action away from the site on which the critical area has been or will be impacted by a regulated activity. “On site” means action at or within 200 feet of the site on which the critical area has been or will be impacted by a regulated activity. “Out-of-kind” means an action to replace a critical area with a substitute critical area whose characteristics do not closely approximate those destroyed or degraded by a regulated activity. 28.08.0170 P definitions “Primary association” means the fundamental link between a species and land and/or aquatic area. For the purposes of this title, these areas are those where species breed or feed. Priority Habitat: a habitat type with a unique or significant value to one (1) or more species as identified by Priority Habitats and Species (PHS) maintained by WDFW. Priority Species: species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are identified as such under Priority Habitats and Species (PHS) maintained by WDFW. Priority species are those that meet any of the criteria listed in WAC 173-26-020(31). Proposal. See “Development proposal.” 28.08.0180 Q definitions “Qualified consultant” means a person with expertise through training and/or experience in the area cited who is capable of performing the required services at a level approximating the state of the practice. “Qualified fish and wildlife biologist” means a person with expertise in habitat issues with a degree in an appropriate field and experience as a biologist. “Qualified hydrogeologist” means a professional who is a currently licensed Washington State geologist holding a current specialty license in hydrogeology. Page 74 of 227 Ordinance – PMC Title 28 Updates - 11 “Qualified wetlands biologist” means a qualified professional with expertise in wetland issues, and with a minimum of two years experience in performing delineations using state and federal manuals analyzing wetland functions and values, analyzing wetland impacts, preparing wetland reports, and developing wetland mitigation and restoration plans. 28.08.0190 R definitions “Reasonable use or reasonable economic use” means a common-law principle that no one has the right to use his or her property in a way that deprives others of the lawful enjoyment of their property. A legal concept articulated by federal and state courts in regulatory takings cases. “Reasonable use exception” means an exception to the specific standards identified in this title granted to a property owner on the basis that a property owner should be allowed the reasonable use of his or her property. “Remediation” means the cleanup and restoration of groundwater to some acceptable level. “Restoration” means, for the purposes of sensitive areas regulation, an action which returns a sensitive area or buffer to a state in which its stability and functions approach its unaltered state as closely as possible. “Riparian” means an adjective meaning alongside a waterbody: stream, river, lake, pond, bay, sea, and ocean. Riparian areas are sometimes referred to by different names: riparian ecosystems, riparian habitats, riparian corridors, or riparian zones. “Riparian Management Zone (RMZ)” means a delineable area defined in a land use regulation; often synonymous with riparian buffer. For the purposes of this document, we define the RMZ as the area that has the potential to provide full riparian functions. The RMZ is defined by the greater of the outermost point of the riparian vegetative community or the pollution removal function. 28.08.0200 S definitions “Seismic hazard areas” means areas that, due to a combination of soil and groundwater conditions, are subject to severe risk of ground shaking, subsidence, or liquefaction of soils during earthquakes. These areas are typically underlain by soft or loose saturated soils (such as alluvium), have a shallow groundwater table and are typically located on the floors of river valleys. “Sensitive species” means species that are losing habitat or the population is declining. “Setbacks” means the required distances between every structure on a lot and the lot lines of the lot on which it is located, or from rights-of-way, access easements, or the edges of critical areas as delineated according to the standards and procedures defined in this title. Page 75 of 227 Ordinance – PMC Title 28 Updates - 12 “Site assessment” means a site-specific analysis which identifies the presence of critical areas, classifies and designates the critical area, documents site conditions, analyzes project-generated impacts, and identifies appropriate mitigative measures. Site assessments include wetland reports, hydrogeologic reports, and habitat management plans. “Slump” means the downward and outward movement of a mass of bedrock or regolith along a distinct surface of failure. “Surface water protection area” means an upland protective area identified as part of a watershed control program under WAC 246-290-135 for water systems using surface sources. “Sole source aquifer” means an area so designated by the Environmental Protection Agency pursuant to the Federal Drinking Water Act. 28.08.0210 T definitions “Temporary erosion control” means on-site and off-site control measures that are needed to control conveyance or deposition of earth, turbidity, or pollutants during development, construction, or restoration. “Threatened species” means a species, native to the State of Washington, that is likely to become endangered in the foreseeable future throughout a significant portion of its range within the state without cooperative management or the removal of threats as designated by WAC 232-12-011. 28.08.0220 U definitions “Unfavorable determination” means the determination by the City Planner Director of Community and Economic Development Department that the activity will not adequately mitigate its impact upon the critical area(s) and/or comply with performance standards of this title and is not authorized. “Unprotected aquifer” means any aquifer that is neither confined nor protected by overlying surface or subsurface impermeable layers. 28.08.0230 V definitions “Values” means the desirable attributes associated with a critical area and its components that contribute to public health, safety, and welfare. “Vulnerability” means the degree to which groundwater may become contaminated depending on the local hydrologic characteristics and amounts of potential groundwater contaminant present. Page 76 of 227 Ordinance – PMC Title 28 Updates - 13 28.08.0240 W definitions “Wellhead protection area” means the portion of a well’s, wellfield’s, or spring’s zone of contribution within the ten-year time of travel boundary, or boundaries established using alternate criteria approved by the state Department of Health in those settings where groundwater time of travel is not a reasonable delineation criteria. “Wetland” means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, shallow open waters, and similar areas. Wetlands do not include those artificial wetlands purposefully and intentionally created from nonwetland sites by human actions, including but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. However, wetlands include those artificial wetlands intentionally created to mitigate conversion of wetlands. Wetland Categories. (a) Category I. These wetlands are: (i) alkali wetlands; (ii) wetlands that are identified by scientists of the Washington Natural Heritage Program/DNR as high quality wetlands; (iii) bogs; (iv) mature and old-growth forested wetlands over one-fourth acre with slow-growing trees; (v) forests with stands of aspen; and (vi) wetlands that perform many functions very well. (b) Category II. These wetlands are those that: (i) forested wetlands in the floodplains of rivers; (ii) mature and old-growth forested wetlands over one-fourth acre with fast-growing trees; (iii) vernal pools; and (iv) wetlands that perform functions well. These wetlands are difficult, though not impossible, to replace, and provide high levels of some functions. (c) Category III. These wetlands are those that: (i) forested wetlands in the floodplains of rivers; (ii) mature and old-growth forested wetlands over one-fourth acre with fast-growing trees; (iii) vernal pools; and (iv) wetlands that perform functions well. These wetlands are difficult, though not impossible, to replace, and provide high levels of some functions. (d) Category IV. These wetlands have the lowest level of functions and are often heavily disturbed. These are wetlands that could be replaced, and in some cases improved. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions and also need to be protected. “Wetland community description” means a thorough description of the wetland and any resident plant and animal species. Page 77 of 227 Ordinance – PMC Title 28 Updates - 14 “Wetland creation” means the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site where a wetland did not previously exist. Establishment results in a gain in wetland acres. Activities typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species. “Wetland delineation” means the mapping of a wetland and establishment of its boundary or edge. “Wetland enhancement” means the manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods, or some combination of these activities. “Wetland functions” means those natural processes performed by wetlands, such as facilitating food chain production; providing habitat for nesting, rearing, and resting sites for aquatic, terrestrial, or avian species; maintaining the availability and quality of water acting as recharge and discharge for groundwater aquifers; moderating surface water and storm water flows; and other functions including, but not limited to, those identified in 33 CFR § 320.4(b)(2). “Wetland protection/maintenance (preservation)” means removing a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland. This includes the purchase of land or easements, repairing water control structures or fences, or structural protection, such as repairing a barrier island. This term also includes activities commonly associated with the term preservation. Preservation does not result in a gain of wetland acres, may result in a gain in functions, and will be used only in exceptional circumstances. “Wetland restoration” means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former or degraded wetland. For the purpose of tracking net gains in wetland acres, restoration is divided into: (a) Re-establishment. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Re-establishment results in a gain in wetland acres (and functions). Activities could include removing fill material, plugging ditches, or breaking drain tiles. Page 78 of 227 Ordinance – PMC Title 28 Updates - 15 (b) Rehabilitation. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. “Wetland values” means wetland values are estimates, usually subjective, of the benefits of wetlands to society, and include aesthetics, education, scientific research, and recreation. 28.08.250 X definitions 28.08.260 Y definitions 28.08.270 Z definitions Chapter 28.12 General Provisions 28.12.010 Authorizations Required. Prior to fulfilling the requirements of this Title section, the City shall not grant any approval or permission to alter the condition of any land, water or vegetation, or to construct or alter any structure or improvement including, but not limited to, the following: (1) Building Permit; (2) Conditional Use Permit; (3) Shoreline Conditional Use Permit; (4) Shoreline Substantial Development Permit; (5) Shoreline Variance Permit; (6) Binding Site Plan; (7) Short Subdivision; (8) Subdivision; (9) Zoning Variance Permit; (10) Rezone; or (11) Any other adopted permit or required approval not expressly exempted by Page 79 of 227 Ordinance – PMC Title 28 Updates - 16 this Title 28.12.020 Jurisdiction This Title shall apply to all lands, all land uses and development and all structures and facilities in the City except as exempted under Section 28.12.030 of this Title. This Title shall apply to every person, individual, firm, partnership, corporation, governmental agency or other entity that owns, leases, or administers land within Pasco. This Title provides regulations for land use and development in and adjacent to critical areas as defined herein. These regulations are additional to, and coordinated with, the Pasco Comprehensive Plan, the Pasco Shoreline Master Program, and regulations adopted pursuant to the Pasco Urban Area Zoning Code and any other applicable regulations adopted by the City of Pasco. This Title does not apply to environmentally sensitive areas waterward of the ordinary high water mark. If there are any conflicts between this Title and other applicable regulations, the most restrictive requirements apply. 28.12.030 Exemptions All exempted activities shall use reasonable methods supported by Best Available Science or accepted BMPs with the least amount of potential impact to the critical areas. Any incidental damage to, or alteration of a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party's expense. This includes, but is not limited to, access ways or paths, vegetation removal or damage beyond a reasonable work zone, and grading and clearing not essential to the ongoing operation of the site's use. To be exempt from this Title does not give permission to destroy a critical area or ignore risk from natural hazards. Exempted activities within critical areas and their buffers are listed below. If the proposed activity meets any of the listed exemptions listed below, including any BMP and/or restoration requirements, completion of a critical area checklist or further Critical Area Review is not required. The permit applicant shall describe the proposed project in writing and identify the criteria in this section that apply to the requested exemption and submit this to the Department of Community and Economic Development. The Department of Community and Economic Development will review the exemption request to verify that it complies with this title and certify or reject the exemption. If the project is rejected, the applicant may continue in the review process and shall submit to the requirements of the review process. (1) Emergency activities necessary to prevent an immediate threat to public health, safety, or welfare. An emergency is an unanticipated and imminent threat to the public health or safety or to the environment that requires immediate action within a period of time too short to allow compliance with this Title. Restoration must be initiated within 1 year of the date of the emergency and must be completed within 6 months of the initiation date. Page 80 of 227 Ordinance – PMC Title 28 Updates - 17 (2) Maintenance, operation, and reconstruction of existing structures, facilities, improved areas, utilities, sewage disposal systems, water systems, ponds, or public and private roads and driveways. When such structures are damaged by an act of nature, they may be reconstructed or replaced within two (2) years of the act of nature, provided that the new construction or related activity does not further intrude into a critical area or established buffer. Such reconstruction and replacement is subject to other applicable City regulations and permit requirements. (3) Modification of any existing structure that does not alter the structure to further intrude into a critical area or established buffer and there isdoes not increased risk to life and property. Modification includes construction of tenant improvements, fences, decks, patios, driveways, signs, and accessory structures. (4) Operation and maintenance of any system of existing dikes, levees, ditches, drains, or other facilities which were created, developed or utilized primarily as a part of a drainage or diking system. Operation and maintenance does not include the expansion or new construction of drainage ditches and related facilities. (5) Removal of hazardous trees and vegetation and, when necessary, measures to control or prevent a fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act; RCWChapter 76.09 RCW, provided that no vegetation shall be removed from a critical area or its buffer without approval from the City. (6) Activities involving artificially created wetlands or streams intentionally created from non-wetland sites, including, but not limited to, grass-lined swales, irrigation and drainage ditches, detention facilities, and landscape features, except those features that provide critical habitat for anadromous fish and those features thatwhich were created as mitigation for projects or alterations subject to the provisions of this Title. (7) Passive recreational activities, including, but not limited to, fishing, bird- watching, boating, swimming, hiking, and use of nature trails, provided the activity does not alter the critical area or its buffer. (8) The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling soil, planting crops, or changing existing topography, water conditions or water sources. (9) Educational and scientific research. (10) Construction or modification of navigational aids and boundary markers. Page 81 of 227 Ordinance – PMC Title 28 Updates - 18 (11) Site investigation work necessary for land use applications such as surveys, soil logs, percolation tests and other related activities. In every case, disturbed areas shall be immediately restored. (12) Existing and ongoing agricultural activities and related development activities, provided no alteration of flood storage capacity or conveyance, or increase in the extent or nature of impact to a critical area or its buffer occurs, beyond that which has occurred prior to the effective date of this Title. If the proposed activity meets any of the listed exemptions, including any BMP and/or restoration requirements, completion of a critical area checklist or further Critical Area Review is not required. The permit applicant shall describe the proposed project in writing and identify the criteria in this section that apply to the requested exemption and submit this to the Department of Community and Economic Development. The Department of Community and Economic Development will review the exemption request to verify that it complies with this Title and certify or reject the exemption. If the project is rejected, the applicant may continue in the review process and shall submit to the requirements of the review process. 28.12.040 Reasonable Use Exceptions If the application of this title would deny all reasonable use of the property, and if such viable use of the property cannot be obtained by consideration of a variance pursuant to PMC 28.12.070 to one or more individual requirements of this chapter, then a landowner may seek a reasonable use exception from the standards of this title. Reasonable use exception requests shall follow the variance procedures of Chapter 2.50 PMC, and shall only be granted if all of the following criteria are met: (1) The application of this title would deny all reasonable and economically viable use of the property; (2) There is no other reasonable and economically viable use with less impact on the critical area than that proposed; (3) The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site; (4) Any alterations permitted to these critical areas shall be the minimum necessary to allow for reasonable and economically viable use of the property; (5) The proposal mitigates the impacts on the critical areas to the maximum extent possible, while still allowing reasonable use of the property; (6) The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant in subdividing the property or adjusting Page 82 of 227 Ordinance – PMC Title 28 Updates - 19 a boundary line, thereby creating the undevelopable condition after the effective date of this title; and (7) That the granting of the exception is consistent with the general purpose and intent of the Pasco Comprehensive Plan. An application for a reasonable use exception shall be filed with the City Planner Department of Community and Economic Development. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application. Any authorized alteration of a critical area under this section shall be subject to conditions established by the City of Pasco and shall require mitigation under an approved mitigation plan. 28.12.050 Waivers for Subsequent Approvals For development permit requests that involve both discretionary land use approvals (such as a subdivision, rezone, planned unit development, or conditional use permit) and construction permit approvals (such as a building permit), if the provisions of this title have been addressed fully as part of the initial discretionary approval and/or the permit activity is located in a previously approved subdivision not in a critical area, then subsequent construction permit requests shall not require additional critical area checklists or review; provided, that the subsequent permit requests comply with all critical areas conditions contained in the initial land use approval and no substantial changes in the nature or extent of the proposed activity have been made. If a critical area review is to be waived on the basis of the provisions of this section, the applicant shall submit a written request for the waiver including: (1) Citation of the previous approval; (2) Description of the proposed activity; (3) Documentation of compliance with or plans for compliance with any critical area conditions imposed by the previous approval; and (4) Identification of any changes in the nature or extent of the proposed activity subsequent to the previous approval. The City Planner Department of Community and Economic Development will review the waiver request to verify that it complies with this title and certify or reject the waiver. Page 83 of 227 Ordinance – PMC Title 28 Updates - 20 28.12.060 Vested Development and Pending Development Approvals The provisions of this title shall not apply to any development permit review for which a complete application was filed prior to the effective date of this title subject to the following: (1) For pre-existing legal lots of record existing on the effective date of this title April 24, 2021 that have not previously completed a critical area review, the provisions of this title shall apply at any subsequent building or construction permit stage, subject to PMC 28.12.030, 28.12.040 and 28.12.050. (2) For development permit requests for which a complete application was filed prior to April 24, 2021the effective date of this title, the provisions of this title shall not apply to that permit or approval; provided, however, that if the development proposal later requires a building or construction permit and a complete application for that building or construction permit was not filed prior to the effective date of this title, and if the provisions of this title were not addressed in the prior development approval, then critical area review pursuant to this title shall be required as part of the later building or construction permit review, subject to PMC 28.12.030, 28.12.040 and 28.12.050. (3) Existing development and land uses lawfully in existence on April 24, 2021 the effective date of this title are subject to the nonconforming use provisions of the Pasco Urban Area Zoning Code. 28.12.070 Variances Variances from the standards of this title may be authorized by the City of Pasco Hearing Examiner in accordance with the procedures set forth in Chapter 2.50 PMC. The Hearing Examiner shall grant the variance only if the applicant demonstrates that the requested variance conforms to all of the criteria set forth as follows: (1) That special conditions and circumstances exist which are peculiar to the land, the lot, or which are not applicable to other lands in the same district; (2) That the special conditions and circumstances do not result from the actions of the applicant; (3) That a literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties under the terms of this title; and (4) That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures, or buildings under similar circumstances; (5) That the granting of the variance is consistent with the general purpose and Page 84 of 227 Ordinance – PMC Title 28 Updates - 21 intent of this title and will not create significant adverse impacts to the associated critical areas or otherwise be detrimental to the public welfare; and (6) That the granting of the variance is consistent with the general purpose and intent of the Pasco Comprehensive Plan. (7) In granting any variance, the Hearing Examiner may prescribe such conditions and safeguards as are necessary to secure adequate protection of critical areas from adverse impacts, and to ensure conformity with this title. (8) If the Hearing Examiner decides to grant the variance, the Examiner shall make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum necessary that will make possible the reasonable use of land, building, or structure. (9) That the Hearing Examiner shall prescribe a time limit within which the action for which the variance is required shall begin or be completed or both. Failure to begin or complete such action within the time limit set shall void the variance. An application for a variance shall be filed with the City Planner Department of Community and Economic Development. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application. 28.12.080 Critical Area Review The City of Pasco shall complete a Critical Area Review prior to granting any permit approval for a development or other alteration on a site that is found to likely include, or be adjacent to, or have significant impact upon one or more critical areas functions and values, with input from other resource management agencies as applicable, unless otherwise provided in this Title. As part of this review, City Planner Department of Community and Economic Development shall verify the information submitted by the applicant, and: (1) Confirm the extent, nature, and type of any critical areas identified and evaluate any required Critical Area Detailed Study; (2) Determine whether the development proposal conforms to the purposes and performance standards of this Title; (3) Assess impacts on the critical area from the activities and uses proposed and determine whether any proposed alterations to, or impacts upon, critical areas are necessary and unavoidable in order to meet the objectives of the proposal; and (4) Determine as applicable if any required mitigation plans proposed by the Page 85 of 227 Ordinance – PMC Title 28 Updates - 22 applicant are sufficient to protect the critical area and public health, safety, and welfare concerns consistent with the goals, purposes, objectives, and requirements of this Title. The applicant shall be responsible for the initiation, preparation, submission, and expense of all required assessments, studies, plans, reconnaissance, and other work in support of the application. The applicant shall provide the City with both digital copies and paper copies of reports/studies and maps prepared for the reports/studies, including all geotechnical studies and mapping. 28.12.090 Minimum Standards Any proposed activity shall be conditioned as necessary to mitigate impacts to critical areas and conform to the performance standards required by this Title. Subject to the Reasonable Use Exception of PMC 28.12.040, any project that cannot adequately mitigate its impacts to critical areas or meet the performance standards required by PMC Chapters 28.16 through 28.32 shall be denied. 28.12.100 Concurrent Requirements Lands characterized by one or more critical area feature may also be subject to other regulations established by this Title due to overlap or multiple functions of some critical areas. In the event of conflict between regulations, the most restrictive regulations shall apply. 28.12.110 Pre-Application Meeting Any person preparing for the permitting of an activity that may be regulated by the provisions of this Title may request a pre-application meeting with the City prior to the Critical Area Review process. At this meeting, the City Planner Department of Community and Economic Development shall discuss the requirements of this Title, outline the review process, and work with the activity proponent to identify any potential concerns that might arise during the review process. 28.12.120 Critical Area Checklist For any proposed activity not found to be exempt under Section 28.12.030 or covered under Section 28.12.050, the applicant shall complete a critical area checklist on forms provided by the City. The checklist must be submitted to the Department of Community and Economic Development prior to consideration of any permit request that requires a Critical Area Review, as described in Section 28.12.010. Following receipt of the checklist, the Department of Community and Economic Developmentwill conduct a review to determine whether there are any critical area indicators present that may be impacted by the proposal. 28.12.13028.12.120 Initial Determination Page 86 of 227 Ordinance – PMC Title 28 Updates - 23 (1) If the City Planner Department of Community and Economic Development determines that the site potentially includes, overlays, or is adjacent to critical areas, or that the proposed project could have significant adverse impacts on critical areas, the Department of Community and Economic Development shall notify the applicant that a Critical Area Detailed Study is required for each of the indicated critical area types. (2) If the review of the checklist permit application and critical area resources do not indicate that critical areas are included or adjacent to the activity, or could suffer probable significant adverse impacts from the activity, then the City Planner Department of Community and Economic Development shall rule that the Critical Area Review is complete. The determination shall be noted on the checklist application. (3) The applicant shall acknowledge in writing that a determination regarding the apparent absence of one or more critical areas by the City Planner Department of Community and Economic Development is not intended to be an expert certification regarding the presence of critical areas and that the determination is subject to possible reconsideration and reopening if new information is received. If the applicant wants greater assurance of the accuracy of the Critical Area Review determination, the applicant may hire a qualified consultant to provide such assurances. 28.12.14028.12.130 Waivers from Critical Area Detailed Study Requirements The City Planner Department of Community and Economic Development may waive the requirement for a Critical Area Detailed Study if there is substantial evidence that: (1) There will be no alteration of the any critical areas or within any required buffer; (2) The development proposal will not impact the critical area in a manner contrary to the purpose, intent and or requirements of this Title; and (3) The performance standards required by this Title will be met. In making the determination, the Department of Community and Economic Development w ill rely on applicable Best Available Science sources. Notice of the findings substantiating the waiver will be attached to the permit and filed with the application records. 28.12.15028.12.140 Critical Area Detailed Studies (1) Preliminary Reconnaissance. If a Critical Area Detailed Study is determined to be necessary, then a data review and field reconnaissance shall be performed by a qualified consultant for that type of critical area. If the Detailed Study Page 87 of 227 Ordinance – PMC Title 28 Updates - 24 reveals no critical area is present, then a statement of this finding along with supporting evidence shall be prepared by the consultant and submitted to the City. An approved finding of the lack of a critical area shall satisfy all of the requirements for a Detailed Study. (2) Minimum Requirements. If the data review and field reconnaissance reveals that a critical area is present, then a complete Detailed Study shall be prepared by the applicant and submitted to the City. At a minimum, a Critical Area Detailed Study shall comply with the specific criteria in PMC Chapters 28.16 through 28.32, and clearly document: (a) The boundary and extent of the critical area; (b) The existing function, value, and/or hazard associated with the critical area; (c) The probable impact upon the function, value, and/or hazard associated with the critical area from the project as proposed; and (d) A mitigation plan including the items in Sections 28.12.180; (e) The buffers and/or Riparian Management Zone associated with the critical area (f) Documentation of consultation with the agency of authority or jurisdiction over the critical area in question. (3) Limitations to Study Area. If the applicant, together with assistance from the City, cannot obtain permission for access to properties adjacent to the project area, then the Critical Area Detailed Study may be limited accordingly. (4) Preparation and Determination of Completeness. The critical area detailed study shall be prepared by a qualified consultant for the type of critical area or areas involved. The qualified consultant may consult with the City Planner Department of Community and Economic Development prior to or during preparation of the Ccritical Aarea Ddetailed Sstudy to obtain City approval of modifications to the contents of the study where, in the judgment of the qualified consultant, more or less information is required to adequately address the critical area impacts and required mitigation. If the critical area detailed study is found to be incomplete, the applicant shall be notified and the critical area review process shall be suspended pending correction of the inadequacies. Upon receipt of a complete critical area detailed study a final determination is to be rendered. 28.12.16028.12.150 Final Determination Following submission of a completed Detailed Study, the City Planner Department Page 88 of 227 Ordinance – PMC Title 28 Updates - 25 of Community and Economic Development will review the detailed study and make a determination, based on the critical area detailed study and any other available and appropriate materials. The determination will address the adequacy of the project, as proposed, to mitigate any effects it may have on critical areas that are included within or adjacent to the project site. The City may elect to request assistance from state resource agency staff if necessary. In addition, the City Planner Department of Community and Economic Development will assess the adequacy of the project proposal's compliance with the applicable performance standards. Notice of this determination shall be attached to the permit and the critical area review shall be completed. (1) A Favorable Determination. A determination that the project proposal adequately mitigates its impacts on the critical areas and complies with the applicable performance standards satisfies the provisions of this Title only. It should not be construed as endorsement or approval of the original or any subsequent permit applications. (2) An Unfavorable Determination. When a project proposal is found to not adequately mitigate its impacts on the critical areas and/or not comply with applicable performance standards, the City Planner Department of Community and Economic Development shall prepare written notice of the reasons for the finding of non- compliance. Such notice shall identify the critical area impacted, and the nature of the impact. Following notice of a determination from the critical area review that the proposed activity does not adequately mitigate its impacts on the critical areas and/or does not comply with applicable performance standards, the applicant may request consideration of a revised mitigation plan. if the revision is found to be substantial and relevant to the critical area review, the City Planner Department of Community and Economic Development may re-open the critical area review and make a new determination based on this revised mitigation plan. 28.12.17028.12.160 Completion of the Critical Area Review If at any time prior to completion of the public input process on associated permits or approvals, the City receives new evidence that a critical area may be included in, adjacent to, or significantly impacted by the proposed activity, then the City shall re- open the critical area review process and shall require whatever level of critical area review and mitigation as indicated by the evidence. Once the public input process on all associated permits or approvals is completed and the record is closed, then the City's determination regarding critical areas shall be final, unless appeal is filed as per Chapter 2.50 of the Pasco Municipal Code PMC. 28.12.18028.12.170 Mitigation Standards for Wetlands, Fish and Wildlife Habitat Conservation Areas and Geologic Hazard Areas (1) All proposed critical area alterations shall include mitigation sufficient to Page 89 of 227 Ordinance – PMC Title 28 Updates - 26 maintain the function and values of the critical area, or to prevent risk from a hazard posed by a critical area. Mitigation of one critical area impact should not result in unmitigated impacts to another critical area. Mitigation includes avoiding, minimizing, or compensating for adverse impacts to critical areas or their buffers. The preferred sequence of mitigation is defined below (1 - most preferred, 6 - least preferred):. (a) Avoid the impact altogether by not taking a certain action or parts of an action. (b) Minimize the impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts. (c) Rectify the impact by repairing, rehabilitating or restoring the affected environment to the conditions existing at the time of the initiation of the project. (d) Reduce or eliminate the impact over time through use of preservation and maintenance operations during the life of the action. (e) Compensate for the impact by replacing, enhancing, or providing substitute resources or environments. (f) Monitoring the impact and taking corrective measures. Documentation of consultation with the agency of authority or jurisdiction over the critical area in question. (2) Possible mitigation techniques include, but are not limited to, buffers, setbacks, limits on clearing and grading, creation of artificial wetlands, or other applicable compensation measures to mitigate impacts, streambank stabilization, modified construction methods, and BMPs for erosion control and maintenance of water quality. All proposed mitigation shall be documented in a mitigation plan included as an element of the critical area detailed study. The mitigation plan shall include a description of the following: (a) The proposed mitigation, specifically, proposed; (b) How the proposed mitigation will maintain the critical area function, any ongoing monitoring and/or inspection that may be required to ensure the adequacy of the proposed mitigation, and an evaluation of the anticipated effectiveness of the proposed mitigation; (c) Any remedial measures that may be required, depending on the outcome of that ongoing monitoring and/or inspection; Page 90 of 227 Ordinance – PMC Title 28 Updates - 27 (d) Any required critical expertise necessary to install, monitor, or inspect the proposed mitigation; and (e) Any bonding or other security required to insure performance and/or maintenance of the proposed mitigation. 28.12.19028.12.180 Buffers (1) Buffers have, in some cases, been determined to be necessary to protect critical areas and their functions. Where specific buffers are identified, those buffers are deemed "required" or "standard" buffers. See Table 28.16.080(1) for wetland buffers. (a) Except as otherwise specified herein, required buffers shall be retained in their pre-existing condition. If a project does not propose any alteration of buffers or of the associated critical area, then subject to the following provision, no additional mitigation will be required to protect the critical area. Additional mitigation beyond the required buffer shall be required if the City Planner Department of Community and Economic Development finds that, based on unique features of the critical area or its buffer or of the proposed activity, the required buffers will not adequately protect the function of the critical area or prevent risk of hazard from the critical area and that additional mitigation or buffering is required to protect the critical area function or to prevent risk of hazard from the critical area. (b) The buffer shall be marked prior to any site alteration, and boundary markers shall be visible, durable, and permanently affixed to the ground. The boundary markers shall remain until all activity is completed and a final site inspection is completed. (c) An eight-foot-minimum setback shall be required from the buffer area for any construction of impervious surface area greater than 120 square feet. Clearing, grading, and filling within this setback shall only be allowed when the applicant can demonstrate that vegetation within the buffer will not be damaged. (d) Where temporary buffer disturbance or alteration has or will occur in conjunction with regulated activities, revegetation with appropriate native vegetation shall be required and completed 1 month before the end of the growing season. (e) Normal non-destructive pruning and trimming of vegetation for maintenance purposes, or thinning of limbs of individual trees to provide a view corridor, shall not be subject to these buffer requirements. Enhancement of a view corridor shall not be construed to mean excessive removal of trees or vegetation that impairs views. Page 91 of 227 Ordinance – PMC Title 28 Updates - 28 (2) If the applicant proposes to reduce required buffers or to alter the required buffer, then the applicant shall demonstrate why such buffer modification, together with any alternative mitigation proposed in the critical area detailed study, is sufficient to protect the critical area function or to prevent risk of hazard from the critical area. (3) The critical area detailed study shall make adequate provision for long-term buffer protection. Periodic inspection of the buffers may be required if deemed to ensure long-term buffer protection. 28.12.20028.12.190 Bonding The City Planner Department of Community and Economic Development shall have the discretion to require a bond, which will ensure compliance with the mitigation plan if activity related to the protection of the critical area(s) (e.g.for example, monitoring or maintenance) or construction is scheduled to take place after the issuance of the City's permit. The bond shall be in the form of a surety bond, performance bond, assignment of savings account, or an irrevocable standby letter of credit guaranteed by a financial institution with terms and conditions acceptable to the City's Attorney. The bond shall be in the amount of one hundred and twenty five percent 125% of the estimated cost of the uncompleted actions or construction or the estimated cost of restoring the function and values of the critical area that are at risk, whichever is higher. The term of the bond shall be 2two (2) years, or until the additional activity or construction has been completed and passed the necessary inspections, whichever is longer. 28.12.21028.12.200 Incentives The following incentives are intended to minimize the burden to individual property owners from application of the provisions of this chapter: (1) Open Space. Any property owner on whose property a critical area or its associated buffer is located and who proposes to put the critical area and buffer in a separate tract may apply for current use property tax assessment on that separate tract through Franklin County, pursuant to RCW 84.34. (2) Conservation Easement. Any person whose property contains an identified critical area or its associated buffer may place a conservation easement over that portion of the property by naming a beneficiary under RCW 64.04.130 as beneficiary of the conservation easement. This conservation easement may be in lieu of a separate critical areas tract that qualifies for open space tax assessment described in subsection (1) of this section. The purpose of the easement shall be to preserve, protect, maintain, restore, and limit future use of the property affected. The terms of the conservation easement may include prohibitions or restrictions on access. Page 92 of 227 Ordinance – PMC Title 28 Updates - 29 28.12.22028.12.210 Critical Areas Mapping The approximate location and extent of critical areas in the City of Pasco may include the following: (1) are Critical areas shown on the critical areas map adopted as a part of the Comprehensive Plan. (2) Other mapping resources available to the City provided in PMC PMC. (3) The mMapping resources areis to be used only as a guides to alert the user to the possible distribution, location, and extent of critical areas. The Mapping shall be utilized as a source of generalized information and shall not be considered as regulatory standards or substitute for site-specific assessments. The actual type, extent, and boundaries of critical areas shall be determined in the field by a qualified specialist according to the procedures, definitions, and criteria established inby this Title. Chapter 28.16 Wetlands 28.16.010 Purpose The purpose of this chapter is to promote public health and welfare by instituting local measures to preserve naturally occurring wetlands that exist in the City for their associated value. These areas may serve a variety of vital functions, including, but not limited to, flood storage and conveyance, water quality protection, recharge and discharge areas for groundwater, erosion control, sediment control, fish and wildlife habitat, recreation, education, and scientific research. 28.16.020 Wetland Designation Under this Title, wetlands shall be designated in accordance with the definitions, methods, and standards set forth in the approved 1987 USACE Wetlands Delineation Manual, as amended and its regional applicable regional supplements, as amended (The Arid West Final Regional Supplement was last updated in 2008 )Washington State Wetlands Identification and Delineation Manual as amended (Washington State Department of Ecology, March 1997, Ecology Publication #96-94). All areas within the City of Pasco meeting the criteria identified in this delineation manual, regardless of whether or not these areas have been formally identified as wetlands, are hereby designated as wetland critical areas and are subject to the provisions of this Title. 28.16.030 Wetland Rating (Classification) (1) The wetlands rating system is intended to differentiate between wetlands based on their sensitivity to disturbance, rarity, irreplaceability, and the functions and values they provide. A general description of wetland categories and the rationale for each Page 93 of 227 Ordinance – PMC Title 28 Updates - 30 category is provided in the definitions section of this TitlePMC Chapter 28.08, Definitions (see "Wetland Categories"). (1)(2) Wetlands shall be rated (classified) as either Category I, Category II, Category III, or Category IV according to the criteria listed in this section. This rating system is based on the Washington Department of Ecology's Washington State Wetlands Rating System for Eastern Washington--- Ecology Publication #14-06-030 (October 2014), as amended. The most Revised and the most current copy of thisat document should be used in classifying wetlands and developing wetland mitigation plansshould be referred to for additional information on classification of wetlands. 28.16.040 Wetland Indicators The following indicators of wetland presence shall be used by the City Planner Department of Community and Economic Development to determine if a Wetland Detailed Study is needed: (1) Listing in the City's Critical Areas Mapping resources as a wetland or resources listed in PMC 28.04.070; or (2) Documentation, through references state or federal handbooks and or reports by qualified experts; or (3) A finding by a qualified wetland biologist that an appropriate hydrologic, soil, and/or vegetation regime indicative of a wetland exists; or (4) A reasonable belief by the City Planner Department of Community and Economic Development that a wetland may exist, supported by a site visit and subsequent consultation with a qualified wetland biologist. 28.16.050 Wetland Detailed Study - Requirements If a Wetland Detailed Study is required, it shall meet the following requirements in addition to the Basic Requirements identified in Sections 28.12.150: (1) The Wetland Detailed Study shall be completed by a qualified wetlands biologist. (2) The extent and boundaries of any wetlands shall be determined in accordance with the methodology specified under Section 28.16.020. The boundary shall be surveyed and mapped at a scale no smaller than one (1) inch equals two hundred (200) feet. (3) A wetland community description and wetland classification shall be completed, consistent with the requirements of Section 28.16.020. (4) A written values and functions assessment shall be completed and address Page 94 of 227 Ordinance – PMC Title 28 Updates - 31 site hydrology (source of water in the system, water quality, flood and stream flow attenuation, seasonality of presence of water, if applicable), soils, vegetation, fish and wildlife habitat, recreation, and aesthetics. (5) The site plan for the proposed activity shall be mapped at the same scale as the wetland map, showing the extent of the proposed activity in relationship to the surveyed wetland, including a detailed narrative describing the project, its relationship to the wetland, and its potential impact on the wetland. (6) The proposed mitigation plan shall follow the general mitigation plan requirements described in PMC 28.12.180, and shall address how the activity has been mitigated to avoid and minimize adverse impacts to wetlands. The Guidelines for Developing Freshwater Wetlands Mitigation Plans and ProposalsWetland Mitigation in Washington State – Part 2: Developing Mitigation Plans, Department of Ecology Publication # 06--06--011b, , March 1994 2006 (or any succeeding documents) should be used as a basis for mitigation. 28.16.060 Wetland Detailed Study Exemptions In addition to activities exempted in PMC 28.12.030, the following activities shall not require a Wetland Detailed Study, provided they are conducted using accepted BMPs as determined by the City Planner Department of Community and Economic Development: (1) Conservation or preservation of soil, water, vegetation, fish, or other wildlife. 28.16.070 Basic Wetland Requirement A regulated wetland or its required buffer can only be altered if the Wetland Detailed Study shows that: (1) The proposed alteration does not degrade the quantitative and qualitative functions of the wetland, or (2) Any degradation can be adequately mitigated to protect the wetland function. Any proposed alteration approved pursuant to this section shall include mitigation necessary to mitigate the impacts of the proposed alteration on the wetland as described in this Chapter and Section 28.12.180. 28.16.080 Required Buffers (1) Buffer Requirements. The following buffers shall be required for wetlands based on the rating of the wetland as outlined in Section 28.16.030, and land use intensity described in Table 28.16.080(2). Page 95 of 227 Ordinance – PMC Title 28 Updates - 32 Table 1. Wetland Buffer Requirements Category of Wetland Land Use with Low Impact* Land Use with Moderate Impact* Land Use with High Impact* IV 25 feet 40 feet 50 feet III 75 feet 110 feet 150 feet II 100 feet 150 feet 200 feet I 125 feet 190 feet 250 feet *See Table 2 in this section for types of land uses that can result in low, moderate, and high impacts to wetlands. Any wetland created, restored, or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland. Table 28.16.080(1): Wetland Buffer Width Requirements Wetland Characteristics Buffer Width by Impact of Proposed Land Use Other Measures Recommended for Protection Category IV Wetlands (For wetlands scoring less than 16 points for all functions) Score for all three basic functions is less than 16 points Low – 25 feet Moderate – 40 feet High – 50 feet No recommendations at this time Category III Wetlands (For wetlands scoring 16 to 18 points or more for all functions) Moderate level of function for habitat (score for habitat 5 to 7 points) *If wetland scores 8 to 9 habitat points, use Category II buffers Low – 75 feet Moderate – 110 feet High – 150 feet No recommendations at this time Score habitat for 3 to 5 points Low – 40 feet Moderate – 60 feet High – 80 feet No recommendations at this time Category II Wetlands (For wetlands scoring 19 to 21 points or more for all functions or having the “Special Characteristics” identified in the rating system) High level of function for habitat (score for habitat 8 to 9 points) Low – 100 feet Moderate – 150 feet High – 200 feet Maintain connections to other habitat conservation areas Moderate level of function for habitat (score for habitat 5 to 7 points) Low – 75 feet Moderate – 110 feet High – 150 feet No recommendations at this time High level of function for water quality improvement and low for habitat (score for water quality 8 to 9 points; habitat less than 5 points) Low – 50 feet Moderate – 75 feet High – 100 feet No additional surface discharges of untreated runoff Page 96 of 227 Ordinance – PMC Title 28 Updates - 33 Riparian forest Buffer width to be based on score for habitat functions or water quality functions Riparian forest wetlands need to be protected at a watershed or subbasin scale Other protection based on needs to protect habitat and water quality functions Not meeting above characteristic Low – 50 feet Moderate – 75 feet High – 100 feet No recommendations at this time Vernal pool Low – 100 feet Moderate – 150 feet High – 200 feet Or develop a regional plan to protect the most important vernal pool complexes; buffers of vernal pools outside protection zones can then be reduced to: Low – 40 feet Moderate – 60 feet High – 80 feet No intensive grazing or tilling of wetland Category I Wetlands (For wetlands scoring 22 points or more for all functions or having the “Special Characteristics” identified in the rating system) Wetlands of High Conservation Value Low – 125 feet Moderate – 190 feet High – 250 feet No additional surface discharges to wetland or its tributaries No septic systems within 300 feet of wetland Restore degraded parts of buffer High level of function for habitat (score for habitat 8 to 9 points) Low – 100 feet Moderate – 150 feet High – 200 feet Restore degraded parts of buffer Maintain connections to other habitat conservation areas Moderate level of function for habitat (score for habitat 5 to 7 points) Low – 75 feet Moderate – 110 feet High – 150 feet No recommendations at this time High level of function for water quality improvement (8 to 9 points) and low for habitat (less than 5 points) Low – 50 feet Moderate – 75 feet High – 100 feet No additional surface discharges of untreated runoff Not meeting above characteristics Low – 50 feet Moderate – 75 feet High – 100 feet No recommendations at this time Note: Page 97 of 227 Ordinance – PMC Title 28 Updates - 34 See Table 28.16.080(2) in this section, or as amended by Ecology, for types of land uses that can result in low, moderate, and high impacts to wetlands. (2) The Land Use Intensity table describes the types of proposed land use that can result in high, moderate, and low levels of impacts to adjacent wetlands. (4)(3) Measuring Buffer Dimensions. Wetland buffers shall be measured horizontally in a landward direction from the delineated wetland edge. (5)(4) Wetlands Adjacent to Slopes. Where lands adjacent to a wetland display a continuous slope of twenty-five percent (25%) or greater, the buffer shall include such sloping areas. Where the horizontal distance of the sloping area is greater than the required standard buffer, the buffer shall be extended to a point twenty- five (25) feet beyond the top of the bank of the sloping area. Page 98 of 227 Ordinance – PMC Title 28 Updates - 35 Table 28.16.080(2): Land Use Intensity Table 28.16.090 Compensatory Mitigation As a condition of any development permit or approval, which results in on-site loss or degradation of regulated wetlands and/or wetland buffers, the City may require the applicant to provide compensatory mitigation to offset impacts resulting from the actions of the aApplicant or Violator. The following standards shall apply: Level of Impact from Proposed Change in Land Use Types of Land Use Based on Common Zoning Designations High • Commercial • Urban • Industrial • Institutional • Retail sales • Residential (more than one unit/acre) • Conversion to high-intensity agriculture (dairies, nurseries, greenhouses, growing and harvesting crops requiring annual tilling and raising and maintaining animals, etc.) • High-intensity recreation (e.g., golf courses and ball fields) • Hobby farms Small lot agricultural that are not of long term commercial significance Moderate • Residential (1 unit/acre or less) • Moderate-intensity open space (e.g., parks with impervious surface for biking and jogging) • Paved driveways and gravel driveways serving three or more residences • Paved trails Building of logging roads • Utility corridor or right-of-way shared by several utilities and including access/maintenance road Low • Forestry (cutting of trees only) with a forestry practices permit, or any other controlled cutting under appropriate authorization • Low-intensity open space (e.g., hiking, bird-watching, and preservation of natural resources) Timber management Gravel driveways serving two or fewer residences • Unpaved trails • Utility corridor without a maintenance road and little or no vegetation management Page 99 of 227 Ordinance – PMC Title 28 Updates - 36 (1) The mitigation shall be conducted on property that shall be protected and managed to avoid further loss or degradation. The applicant or violator shall provide for long-term preservation of the mitigation area. (2) Mitigation ratios shall be consistent with the following entitled Washington State Department of Ecology manual; Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance (Version 1, Publication #06-06- 011a, March 2006) and Wetland Mitigation in Washington State, Part 2: Developing Mitigation Plans (Version 1, Publication #06-06-011b, March 2006). See Table 28.16.120(3), Wetland Mitigation Ratios (for Eastern Washington). (3) Mitigation shall follow an approved mitigation plan and reflect the restoration/creation ratios specified above. (4) The applicant shall enter in to a wetland mitigation monitoring agreement with the City as a condition of approval. The monitoring program will continue for at least 8eight years from the date of plant installation. Monitoring will continue for 10ten years where woody vegetation (forested or shrub wetlands) is the intended result. These communities take at least 8eight years after planting to reach eighty percent80% canopy closure. Reporting for a 10-ten year monitoring period shall occur in years 1one, 2two, 3three, five, seven and ten5, 7, and 10. Monitoring in all instances shall be bonded. Reporting results of the monitoring data to the City is the responsibility of the applicant. (5) Mitigation shall be completed prior to or concurrently with, wetland loss,; or, in the case of an enforcement action, prior to continuation of the activity by the applicant or violator. (6) On-site mitigation for protection of ecological functions is generally preferred over off-site mitigation. (7) Off-site mitigation allows replacement of wetlands away from the site on which the wetland has been impacted by a regulated activity. Off-site mitigation will be conducted in accordance with the restoration/creation ratios described as described in subsection (2) in this section above and in Table 29.01.520 (13) 28.16.120(3), Wetland Mitigation Ratios (for Eastern Washington). Off-site mitigation shall occur within the same drainage basin as the wetland loss occurs, provided that Category IV wetlands may be replaced outside of the watershed if there is no reasonable alternative. Off-site mitigation may be permitted where: (a) On-site mitigation is not feasible due to hydrology, soils, or other factors. (b) On-site mitigation is not practical due to probable adverse impacts from surrounding land uses or would conflict with a federal, state, or Page 100 of 227 Ordinance – PMC Title 28 Updates - 37 local public safety directive. (c) Potential functional values at the site of the proposed restoration are greater than the lost wetland functional values. (8) When the wetland to be altered is of a limited functional value and is degraded, mitigation shall be of the wetland community types needed most in the location of mitigation and those most likely to succeed with the highest functional value possible. (9) Out-of-kind mitigation can be allowed when out-of-kind replacement will best meet the provisions of this section. (10) Except in the case of cooperative mitigation projects in selecting mitigation sites, applicants shall pursue locations in the following order of preference: (a) Filled, drained, or cleared sites that were formerly wetlands and where appropriate hydrology exists. (b) Upland sites, adjacent to wetlands, if the upland is significantly disturbed and does not contain a mature forested or shrub community of native species, and where the appropriate natural hydrology exists. (11) Where out-of-kind replacement is accepted, greater restoration/creation ratios may be required. (12) Construction of mitigation projects shall be timed to reduce impacts to existing wildlife and plants. Construction shall be timed to assure thatensure grading and soil movement occurs during the dry season, and planting of vegetation shall be specifically timed to the needs of target species. 28.16.100 Innovative Mitigation (1) One or more applicants, or an organization may undertake a mitigation project together if it is demonstrated that all of the following circumstances exist: (i) Creation of one or several larger wetlands may be preferable to many small wetlands; (ii) The group demonstrates the organizational and fiscal capability to act cooperatively; (iii) The group demonstrates that long-term management of the mitigation area will be provided; and, (iv) There is a clear potential for success of the proposed mitigation at the identified mitigation site. Page 101 of 227 Ordinance – PMC Title 28 Updates - 38 (2) Conducting mitigation as part of a cooperative process does not reduce or eliminate the required replacement ratios outlined in Section 28.16.120 (e) , except where a compensatory mitigation plan, including a 5five-year monitoring agreement, is included as a condition of approval, such plan shall allow for one- to-one (1:1) replacement ratios upon successful completion of the monitoring agreement. (3) Wetland mitigation and banking programs shall be consistent with the provisions outlined in the Department of Ecology's publication Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance (Version 1, Publication No. 06-06-011a, March 2006) and Wetland Mitigation in Washington State, Part 2: Developing Mitigation Plans (Version 1, Publication No. 06-06-011b, March 2006). (a) Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when: (i) The bank is certified under Chapter WAC 173-700 WAC; (ii) The City Planner Department of Community and Economic Development determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and (iii) The proposed use of credits is consistent with the terms and conditions of the bank's certification. (b) Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank's certification. (c) Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the bank's certification. In some cases, the service area of the bank may include portions of more than one adjacent drainage basin for specific wetland functions. 28.16.110 Mitigation Exceptions Requirements for mitigation do not apply when a wetland alteration is intended exclusively for the enhancement or restoration of an existing regulated wetland, and the proposal will not result in a loss of wetland function and value, subject to the following conditions: (1) The enhancement or restoration project shall not be associated with a development activity. (2) A restoration plan shall be prepared and approved as described in Section 28.16.120. Page 102 of 227 Ordinance – PMC Title 28 Updates - 39 28.16.120 Restoration (1) Restoration is required when a wetland or its buffer has been altered in violation of this Title. The following minimum performance standards shall be met for the restoration of a wetland, provided that if it can be demonstrated by the applicant that greater functional and habitat values can be obtained, these standards may be modified: (a) The original wetland configuration should be replicated, including depth, width, and length at the original location. (b) The original soil types and configuration shall be replicated. (c) The wetland, including buffer areas, shall be replanted with native vegetation, which replicates the original species, sizes, and densities. (d) The original functional values shall be restored, including water quality and wildlife habitat functions. (e) Required replacement ratios are shown in the Re-establishment or Creation column of Table Table 28.16.120(3), Wetland Mitigation Ratios (for Eastern Washington).: Table X: Wetland In-Kind (On-Site) Restoration: Restoration/Creation Area Ratios Wetland Category Wetland Area Created:Wetland Area Lost Category I 4:1 Category II or III 2:1 Category IV 1.25:1 (2) A restoration plan shall be prepared and approved prior to commencement of restoration work. Such a plan shall be prepared by a qualified wetland biologist and shall describe how the proposed actions meet the minimum requirements described in subsection (1) of this section above. The City Planner Department of Community and Economic Development shall, at the applicant's or expense, seek expert advice in determining the adequacy of the Restoration Pplan. Inadequate plans shall be returned to the aApplicant or vViolator for revision and resubmittal. (3) Wetland mitigation ratios are provided in the Table Table 28.16.120(3). Page 103 of 227 Ordinance – PMC Title 28 Updates - 40 Table 28.16.120 (3). Wetland Mitigation Ratios (for Eastern Washington) Category and Type of Wetland Impacts Re- establishment or Creation Rehabilitation Only1 Re- establishment or Creation and Rehabilitation1 Re- establishment or Creation and Enhancement1 Enhancement Only1 All Category IV 1.5:1 3:1 1:1 R/C and 1:1 RH 1:1 R/C and 2:1 E 6:1 All Category III 2:1 4:1 1:1 R/C and 2:1 RH 1:1 R/C and 4:1 E 8:1 All other Category II 3:1 6:1 1:1 R/C and 4:1 RH 1:1 R/C and 8:1 E 12:1 Category I based on score for functions 4:1 8:1 1:1 R/C and 6:1 RH 1:1 R/C and 12:1 E 16:1 Category I Natural Heritage site Not considered possible2 6:1 Rehabilitation of a Natural Heritage site R/C not considered possible2 R/C not considered possible2 Case-by-case Notes: 1. These ratios are based on the assumption that the rehabilitation or enhancement actions implemented represent the average degree of improvement possible for the site. Proposals to implement more effective rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may result in a higher ratio. The distinction between rehabilitation and enhancement is not clear-cut. Instead, rehabilitation and enhancement actions span a continuum. Proposals that fall within the gray area between rehabilitation and enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for enhancement. 2. Natural Heritage sites, alkali wetland, and bogs are considered irreplaceable wetlands because they perform some functions that cannot be replaced through compensatory mitigation. Impacts to such wetlands would therefore result in a net loss of some functions no matter what kind of compensation is proposed. Reference: Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency Region 10, March 2006. Wetland Mitigation in Washington State – Part 1: Agency Policies and Guidance (Version 1). Washington State Department of Ecology Publication #06-06-011a. Olympia, Washington. E = Enhancement R/C = Re-establishment or Creation RH = Rehabilitation Page 104 of 227 Ordinance – PMC Title 28 Updates - 41 Chapter 28.20 Fish and Wildlife Habitat Conservation Areas 28.20.010 Purpose The purpose of this chapter is to provide a framework to evaluate the development, design, and location of buildings to ensure critical fish and wildlife habitat is preserved and protected, in order to avoid habitat fragmentation. These regulations seek to protect critical habitat areas so populations of endangered, threatened, and sensitive species are given consideration during the development review process. 28.20.020 Fish and Wildlife Habitat Conservation Area Designation and Classification Criteria (1) Fish and Wildlife Habitat Conservation Areas shall include the following: Table 28.20.020(1): Criteria for Classification of Fish and Wildlife Habitat Conservation Areas Habitat Area Characteristic/Classification Source (1) Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association DF&W, USF&WWDFW, USFWS (NOAA) (2) Naturally occurring under 20 acres in size and their submerged aquatic beds that provide fish or wildlife habitat DOEEcology (3) Waters of the state classified as fish and wildlife habitats under the Growth Management Act, RCW 36.70A, and WAC 365-190- 080(5)(c)(v) • Columbia River • Snake River WDNR, DOEEcology, DF&WWDFW, affected Indian tribes (4) State Natural Area Preserves and Natural Resource Conservation Areas; and, WDNR (5) Habitat conservation areas of local importance as determined by resolution of the City Council. DF&W, WDFW (2) The map references indicated are intended to serve only as a guide during development review. In all cases, the actual presence or absence of listed species or habitat shall determine how this Title section applies. (3)(2) All areas within the City of Pasco meeting one or more of these criteria, are hereby designated as critical areas and are subject to the provisions of this Titlesection. (3)(4) Priority Habitats and Species for Franklin County are identified in the Washington Department of Fish and Wildlife, 2008 Priority Habitat and Species List published by the Washington State Department of Fish and Wildlife. Mapping Page 105 of 227 Ordinance – PMC Title 28 Updates - 42 information sources for identification of fish and wildlife habitat conservation areas include, but are not limited to: (a) WDFW Priority Habitat and Species maps. (b) Wetlands mapped under the National Wetland Inventory by the U.S. Department of Interior; USFWS. (c) WDFW/WDNR, Washington Rivers Inventory System maps. (d) Maps and reference documents in the City of Pasco SMP Inventory, Analysis, and Characterization Report, as applicable. 28.20.030 Fish and Wildlife Habitat Conservation Area Rating Fish and Wildlife Habitat Conservation Areas shall be rated as Primary or Secondary according to the criteria in this section. Table 28.20.030: Classification by Fish and Wildlife Areas Habitat Area Classification Source Primary Habitats Primary habitats are those areas that are valuable to fish and wildlife and support a wide variety of species due to an undisturbed nature, diversity of plant species, and structure, presence of water, or size, location or seasonal importance and which meet any of the following qualifying criteria: (1) (The documented presence of species listed by the federal government or State of Washington as endangered, threatened, or sensitive. DF&WWDFW, USF&WWS (NOAA) (2) Those rivers identified as "Shorelines of the State" under the City of Pasco Shoreline Master Program, and streams within the shoreline jurisdiction. DOEEcology (3) Those wetlands identified as Category I Wetlands, as defined in this title. Section 28.04.020PMC 29.01.520 (3)28.16.030 Secondary Habitat Secondary habitats are those which are valuable to wildlife and support a wide variety of species due to: an undisturbed nature, diversity of plant species, structure, presence of water, or size, location or seasonal importance but do not meet any of the qualifying criteria listed in items 1 through 3 in the Primary Habitats above. Page 106 of 227 Ordinance – PMC Title 28 Updates - 43 28.20.040 Determination of Need for Fish and Wildlife Habitat Area Detailed Study (1) A Detailed Study shall be required for any activity that is within 200 feet of a Fish and Wildlife Habitat Area. (2) Due to the sensitive nature of certain species, the applicant shall notify the City if the proposed activity will occur within 660 feet (1/8 of a mile) of a Fish and Wildlife Habitat Area; the City may then contact appropriate agencies and determine if a Detailed Study should be prepared, based on the sensitivity of the site. (3) The City Planner Department of Community and Economic Development shall require a Habitat Area Detailed Study of a habitat area if the following indicators are present: (a) The area is listed in the City's Critical Areas Map as a Fish and Wildlife Habitat Area; or (b) Documentation exists that shows that any of the classification criteria listed in Section 28.20.030 are present, based on any of the references listed in this Title; or (c) A qualified fish and wildlife biologist finds that habitat conditions appropriate to meet one or more of the classification criteria listed above in 28.20.030 exist; or (d) The City Planner Department of Community and Economic Development possesses a reasonable belief that a Fish and Wildlife Habitat may exist. Such reasonable belief shall be supported by a site visit and subsequent consultation with a qualified fish and wildlife biologist. 28.20.050 Fish and Wildlife Habitat Area Detailed Study Requirements If a Fish and Wildlife Habitat Area Detailed Study is required, it shall include and/or meet the following requirements in addition to the Basic Requirements identified in Sections 28.12.150. (1) The Detailed Study shall be completed by a qualified Fish and Wildlife biologist with expertise in assessing the relevant species and habitats. Evidence of qualifications shall be provided with the Detailed Study. (2) The site plan and map submitted shall be of a scale no smaller than 1 inch = 200 feet. The site plan shall indicate all Fish and Wildlife Habitat Critical Areas, as determined by the criteria in Section 28.20.030, and shall include the area within two hundred (200) feet of the subject property. The applicant may prepare the site plan; however, it is subject to review by the qualified fish and wildlife biologist. The extent and boundaries of the habitat shall be Page 107 of 227 Ordinance – PMC Title 28 Updates - 44 determined by the qualified fish and wildlife biologist. (3) A habitat description shall be included, including a habitat rating as described in Section 28.20.030, and a statement of functions and values providing information on the species in question and the associated plant and animal communities. A complete list of species and special habitat features shall be included. (4) A regulatory analysis shall be included, including a discussion of any federal, state, tribal, and/or local requirements or special management recommendations developed specifically for species and/or habitats located on the site. (5) The proposed mitigation plan shall address how the proposed development activity has been mitigated to avoid and minimize adverse impacts to the habitat, and shall follow the general mitigation plan requirements described in Section 28.12.180. (6) A statement of management and maintenance practices shall be included, including a discussion of ongoing maintenance practices that will ensure assure protection of all fish and wildlife habitat conservation areas on-site after the project has been completed. (7) Habitat and Buffer Recommendation. (a) For riparian buffers, see Shoreline Master Program, PMC Title 29. (a)(b) Where non-fish species have been identified and classified as endangered or threatened by the federal government or Washington Department of Fish and Wildlife, the Detailed Study shall identify the required habitat and recommend appropriate buffers based on the State Department of Fish and Wildlife Priority Habitat and Species (PHS) management recommendations. (b)(c) Where other Fish and Wildlife Habitats areas have been identified, the Detailed Study shall identify the required habitat and recommend appropriate buffers based on the following recommendations: (i) For areas with endangered, threatened, and sensitive species, any recommended protective measures shall be consistent with the Washington Department of Fish and Wildlife PHS management recommendations; and (ii) For naturally occurring ponds under twenty (20) acres, protective provisions that are consistent with the wetland performance Page 108 of 227 Ordinance – PMC Title 28 Updates - 45 (8) Habitats and species that have been identified as Priority Species or Priority Habitats by the WDFW Priority Habitats and Species Program should not be reduced and shall be preserved through regulation, acquisition, incentives, and other techniques. 28.20.060 Performance Standards Minimum Requirements (1) This section describes the minimum performance standard requirements for habitat areas., including wetland habitats, riparian habitats, anadromous salmonids, and specific requirements for bBald eEagle habitat areas. (a) Wetland Habitats. All habitat sites containing wetlands shall conform to the wetland development performance standards set forth in Chapter 28.16. (b) Riparian Habitats: (i) Buffer Requirements. Native vegetation standard buffers for activities occurring adjacent to streams within Fish and Wildlife Habitat Areas shall be maintained. Buffer widths shall be based on the extent of prior stream channel modification. Riparian buffers are determined by whether or not a salmonid habitat is present. (ii) The buffer distance from the ordinary high water mark shall be as Table 29.01.210 (2), Shoreline Development Standards Matrix apply.follows: Table X: Riparian Buffer Requirements Stream Minimum Buffer Width Columbia and Snake Rivers 100 feet (iii) Exception for Lots Adjacent to Pre-Existing Development. The required Riparian buffer width listed above shall not apply in cases where the adjacent pre-existing development (vested prior to the effective date of this Title) does not meet these established standards. In such cases, the buffer may be reduced by one-third (1/3) the difference between the required buffer and the larger of the two adjacent buffers. (2) Adjacency in this situation shall be defined as being within fifty (50) feet of the side property lines. If there is only clearing on one side of the proposed activity within fifty (50) feet of the side property line, then the buffer can be reduced as shown in the following table: Page 109 of 227 Ordinance – PMC Title 28 Updates - 46 Table X: Riparian Buffer Requirements: Adjacent Pre-existing Development Exceptions Stream Minimum Buffer Width Columbia and Snake Rivers 60 feet (1) Bald Eagle Habitat Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules (WAC 220-610-100 232-12-292). A Habitat Management Plan shall be developed by the applicant in coordination with the Department of U.S. Fish and Wildlife Service (USFWS) whenever activities that alter habitat are proposed near a verified nest territory or communal roost. (2) Wetland Habitat All habitat sites containing wetlands shall conform to the wetland development performance standards set forth in and shall conform to the wetland mitigation and restoration provisions set forth in PMC 28.16.080 through 28.16.120. (3) Allowed uses in Fish and Wildlife Habitat Conservation Areas: (a) Roads, bridges, and utilities. Road, bridge, and utility maintenance, repair, and construction may be permitted across a Fish and Wildlife Habitat Conservation Area and/or buffers under the following conditions: (i) It is demonstrated to the City that there are no alternative routes that can be reasonably used to achieve the proposed development; (ii) The activity will have minimum adverse impact to the Fish and Wildlife Habitat Conservation Area; (iii) The activity will not significantly degrade surface or groundwater; and (iv) The intrusion into the Fish and Wildlife Habitat Conservation Area and its buffers is mitigated to maintain ecological functions. (b) Limited park or recreational access to a Fish and Wildlife Habitat Area, provided that all of the following are satisfied: (i) The access is part of a public park or a recreational resort development that is dependent on the access for its location and recreational function; Page 110 of 227 Ordinance – PMC Title 28 Updates - 47 (ii) The access is limited to the minimum necessary to accomplish the recreational function; and (iii) The intrusion is mitigated. (c) Low-impact uses and activities that are consistent with the purpose and function of the Fish and Wildlife Habitat Area and do not detract from its integrity. Examples of low-impact uses and activities include removal of noxious vegetation and stormwater management facilities such as grass- lined swales. (4) Additional Protection Measures: a. Temporary and permanent erosion and sedimentation controls shall be provided to prevent the introduction of sediments or pollutants to waterbodies or watercourses within the habitat area. b. Clearing and grading shall be limited to that necessary for establishment of the use or development and shall be conducted to avoid significant adverse impacts and minimize the alteration of the volume, rate, or temperature of freshwater flows to or within the habitat area and any buffer required by this section. c. The proposed development shall not discharge hazardous substances to the habitat area that would have significant adverse impacts on that area. d. Stream flows shall be protected from changes to the normal flow, temperature, turbidity, and discharge to the maximum extent practicable. e. Septic drainfields and any required replacement drainfield area shall be at least 100 feet from the edge of any aquatic habitat area. f. Exceptions to the above protection standards may be allowed by the Department of Community and Economic Development based on a special report prepared by a Qualified Biological Professional that demonstrates that such exception would not adversely impact the habitat system, functions, and values of the habitat area. g. Stream Crossings. – Stream crossings shall be minimized, but when necessary, they shall conform to the applicable provisions of SMP, CAO and other laws (see WDFW or Ecology). h. Stormwater conveyance facilities. Stormwater conveyance facilities may be permitted, provided that they are only located in the buffer when no practicable alternative exists outside the buffer. Stormwater facilities shall be planted with native plantings where feasible to provide habitat, and/or less intrusive facilities should be used. i. Floodway-dependent Structures. Floodway-dependent structures or Page 111 of 227 Ordinance – PMC Title 28 Updates - 48 installations may be permitted within streams or their buffers if allowed or approved by other ordinances or other agencies with jurisdiction. See PMC Title 24, Floodplain, for more information on allowed uses and activities within flood hazard areas. j. Trails. The criteria for alignment, construction, and maintenance of trails within wetlands and their buffers may not exceed 10 feet in width and may be constructed with impermeable surface materials if on-site infiltration is utilized. k. Native vegetation landscaping schemes shall be provided that do not require application of herbicides, pesticides, or fertilizer to maintain robust growth. l. No net- effective impervious surfaces may be created in the outer buffer area beyond what is otherwise permitted. Chapter 28.24 Aquifer Recharge Areas 28.24.010 Purpose The purpose and intent of this section is to safeguard groundwater resources from hazardous substance and hazardous waste pollution contamination by controlling or abating future pollution from new land uses or activities. 28.24.020 Aquifer Recharge Area Designation Criteria (1) Aquifer recharge areas shall be classified as following:Based on the City’s wellhead protection areas identified pursuant to WAC-246- 290, surface water protection areas established for drinking water supplies on the Columbia River, and extensive high infiltration soils underlying a large portion of the City and UGA per National Resource Conservation Service (NRCS) soil classifications for Franklin County, the entire City limits and UGA is designated as an Aquifer Recharge Area. Table : Designation of Aquifer Recharge Areas Aquifer Recharge Area Characteristic/Designation Sou rce (1) Wellhead Protection Areas and Surface Water Protection Areas pursuant to WAC 246-290 WA DOHDepartment of Health, US Environmental Protection AgencyEPA (2) Areas designated for special protection pursuant to a groundwater management program, RCW Chapters 90.44, 90.48, and 90.54 RCW and WAC 173-100 and 173-200 WA DOEEc ology Page 112 of 227 Ordinance – PMC Title 28 Updates - 49 (3) Areas overlying unprotected aquifers. Such aquifers shall be identified through any existing competent hydrogeologic study USGS, WA DNR (4) Areas within identified unprotected aquifers but possessing the following characteristics: • Slopes less than fifteen percent (15%), and • Coarse alluvium or sand and gravel in the soil profile and no known impermeable layers. DF& WW DF W (2) Any project area located within two hundred (200) feet of an area meeting the aquifer designation or soil classification criteria, or mapped as such, shall be treated as if it is located within the mapped area. All areas within the City of Pasco meeting these criteria, regardless of the presence or lack of any formal identification as such, are hereby designated as critical areas and are subject to the provisions of this Title. 28.24.030 Aquifer Recharge Area Classification (a) Aquifer recharge areas are classified as high, moderate, or low significance aquifer recharge areas according to the following criteria: Table : Classification of Aquifer Vulnerability Vulnerability Classification Documentation and Data Sources High Vulnerability High significance aquifer recharge areas are areas with slopes of less than fifteen percent (15%) underlain by coarse alluvium or sand and gravel. Moderate Vulnerability Moderate significance aquifer recharge areas are: (1) Areas with slopes of less than fifteen percent (15%) underlain by fine alluvium, silt, clay, glacial till, or deposits from the electron mudflow; and Low Vulnerability Moderate significance aquifer recharge areas are: (1) Areas with slopes of fifteen percent (15%) to thirty percent (30%) underlain by silt, clay, or glacial till; and 28.24.030 General Regulations (1) Hazardous uses shall be regulated for protection of the aquifer recharge areas. (2) An Aquifer Recharge Area Detailed Study shall be required according to PMC 28.24.050(2) and 28.24.060. (3) State and federal regulations applicable to specific uses including but not Page 113 of 227 Ordinance – PMC Title 28 Updates - 50 limited to those provided in Sections 28.24.080. 28.24.040 Determination of Need for Aquifer Recharge Area Detailed Study (1) The following information resources shall be utilized along with other documentation where noted: (a) Studies from the United States Geological SurveyUSGS. (b) City of Pasco Wastewater Facility Plan. (c) City of Pasco Water System Plan. (d) City of Pasco Wellhead Protection Plan. (c)(e) Soil Survey for Franklin County (Conservation District). (2) Requirements for High Significance Aquifer Recharge Area. An Aquifer Recharge Area Detailed Study shall be required for any activity occurring on or adjacent to a site that is, or contains, a High Significance Aquifer Recharge Area if the activity involves one or more of the following uses: (a) Hazardous substance processing or handling; (b) Hazardous waste treatment and storage facility; (c) Disposal of on-site sewage for subdivisions, short plats, and commercial and industrial sites; or (d) Landfills. 28.24.050 Aquifer Recharge Area Detailed Study When required as described in PMC 28.24.040, an Aquifer Recharge Area Detailed Study shall meet the following requirements: (1) The Detailed Study shall be prepared by a qualified consultant hydrogeologist with experience in preparing hydrogeologic assessments. Evidence of these qualifications shall be provided with the Detailed Study. (2) The Detailed Study shall contain a map, of a scale no smaller than 1 inch = 200 feet, of the site and the extent of the High Significance Aquifer Recharge Area, even if it extends beyond the development site boundary, as determined by the criteria in Section 28.24.020. (3) The Detailed Study shall contain a hydrogeologic assessment, including, at a minimum: (a) Information sources; Page 114 of 227 Ordinance – PMC Title 28 Updates - 51 (b) Geologic setting; (c) Background water quality; (d) Location of, and depth to, water tables; (e) Recharge potential of the facility site; (f) Groundwater flow direction and gradient; (g) Currently available data on wells within one thousand (1,000) feet of the site; (h) Currently available data on springs within one thousand (1,000) feet of the site; (i) Surface water location and recharge potential; (j) Water source supply to the activity (e.g., high capacity well); (k) Any sampling schedules necessary; (l) Discussion of the effects of the proposed project on the groundwater resource; and (m) Other information as may be required by the TownCity. (4) The Detailed Study shall include a mitigation plan detailing how the activity will offset any impact on the resource and control any risk of contamination to the aquifer will be controlled. 28.24.060 Aquifer Recharge Area Detailed Study Special Exemptions In addition to the exemptions listed in 28.12.030, sewer lines and appurtenances shall be exempt from the requirement to prepare an Aquifer Recharge Area Detailed Study. 28.24.070 Performance Standards Basic Requirements (1) Any activity listed in Section 28.24.040(2) (b) may only be permitted in a High Significance Aquifer Recharge Area if the Detailed Study documents that the activity does not pose a threat to the aquifer system and that the proposed activity will not cause contaminants to enter the aquifer. (2) All activities located in an Aquifer Recharge Area shall minimize the creation of impervious surfaces to the extent practicable without creating a greater risk to the aquifer recharge area. Page 115 of 227 Ordinance – PMC Title 28 Updates - 52 28.24.080 Performance Standards Storage Tanks All Storage tanks located in an Aquifer Recharge Area must conform to the following requirements. The Washington Department of Ecology also regulates and authorizes permits for underground storage tanks (WAC Chapter 173-360 WAC). (1) Underground Tanks. All new underground storage facilities used or to be used for the underground storage of hazardous substances or hazardous wastes shall be designed and constructed so as to: (a) Prevent releases due to corrosion or structural failure for the operational life of the tank; (b) Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substances; and, (c) Use material in the construction or lining of the tank which that is compatible with the substance to be stored. (2) Aboveground Tanks: (a) No new aboveground storage facility or part thereof shall be fabricated, constructed, installed, used, or maintained in any manner which may allow the release of a hazardous substance to the soil, groundwater, or surface waters within an Aquifer Recharge Area. (b) No new aboveground tank or part thereof shall be fabricated, constructed, installed, used, or maintained without having constructed around or under it an impervious containment area enclosing or underlying the tank or part thereof. (c) New aboveground tanks will require a secondary containment system, either built into the tank structure or a dike system built outside the tank, for all tanks located within an aquifer recharge area. 28.24.090 Performance Standards Other Uses (1) Vehicle Repair and Servicing. Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur. (2) Spreading or Injection of Reclaimed Water. Water reuse projects for reclaimed water must be in accordance with the adopted water or sewer comprehensive Page 116 of 227 Ordinance – PMC Title 28 Updates - 53 plans that have been approved by the departments of Ecology and Health.(a)Surface spreading must meet the ground water recharge criteria given in Chapter 90.46.080 RCW and Chapter 90.46.010(10).(b)Direct injection must be in accordance with the standards developed by authority of Chapter 90.46.042 RCW. (3) State and Federal Regulations. The uses listed below shall be conditioned as necessary to protect critical aquifer recharge areas in accordance with the applicable state and federal regulations: Table 28.24.100: Statutes, Regulations, and Guidance Pertaining to Activities Impacting Ground Water Activity Statute - Regulation - Guidance Above Ground Storage Tanks Chapter 173-303-640 WAC Animal Feedlots Chapter 173-216 WAC, Chapter 173-226 WAC Automobile Washers Chapter 173-216 WAC, Best Management Practices for Vehicle and Equipment Discharges (WDOE WQ-R-95-56) Below Ground Storage Tanks Chapter 173-360 WAC Chemical Treatment Storage and Disposal Facilities Chapter 173-303-182 WAC Hazardous Waste Generator (Boat Repair Shops, Biological Research Facility, Dry Cleaners, Furniture Stripping, Motor Vehicle Service Garages, Photographic Processing, Printing and Publishing Shops, etc.) Chapter 173-303 WAC Injection Wells Federal 40 CFR Parts 144 and 146, Chapter 173- 218 WAC Junk Yards and Salvage Yards Chapter 173-304 WAC, Best Management Practices to Prevent Stormwater Pollution at Vehicles Recycler Facilities (WDOE 94-146) Oil and Gas Drilling Chapter 332-12-450 WAC, WAC, Chapter 173- 218 WAC Page 117 of 227 Ordinance – PMC Title 28 Updates - 54 On-Site Sewage Systems (Large Scale) Chapter 173-240 WAC On-Site Sewage Systems (< 14,500 gal/day) Chapter 246-272 WAC, Local Health Ordinances Pesticide Storage and Use Chapter 15.54 RCW; Chapter 17.21 RCW; 7 USC §§ 135-136; 40 CFR Part 157. Sawmills Chapter 173-303 WAC, 173-304 WAC, Best Management Practices to Prevent Stormwater Pollution at Log Yards (WDOE 95-53) Solid Waste Handling and Recycling Facilities Chapter 173-304 WAC; 42 U.S.C. §6901 et seq.; 40 CFR parts 239-282. Surface Mining Chapter 332-18-015 WAC Waste Water Application to Land Surface Chapter 173-216 WAC, Chapter 173-200 WAC, WDOE Land Application Guidelines, Best Management Practices for Irrigated Agriculture Chapter 28.28 Flood Hazard Areas 28.28.010 Purpose The purpose of this chapter is to promote the public health, safety, and welfare of the community by recognizing potential hazards that may be caused by development in areas where severe flooding is anticipated to occur. The intent of this chapter is to assist with minimizing public and private losses due to flood hazards by avoiding development in hazard areas and or implementing protective measures contained in Pasco Municipal Code Chapter 24. 28.28.020 Classification The following categories of frequently flooded areas are established for the purposes of classification: (1) Floodway. Floodways are defined as the channel of a stream and adjacent land areas, which are required to carry and discharge flood waters or flood flows of any river or stream associated with a regulatory flood. (2) Special Flood Hazard Areas. The area adjoining the floodway, which is Page 118 of 227 Ordinance – PMC Title 28 Updates - 55 subject to a one percent1% or greater chance of flooding in any given year and determined by the Federal Insurance Administration. (3) Floodplain. The floodway and special flood hazard areas. These flood areas have been delineated based on studies completed by the Federal Emergency Management Agency (FEMA) for the national Flood Insurance Program. The City of Pasco may use additional flood information that is more detailed than that provided in the flood insurance study conducted by FEMA to designate frequently flooded areas, as available. 28.28.030 Designation (1) All areas within the City meeting the frequently flooded designation criteria of Section 28.28.020 are hereby designated critical areas and are subject to the provisions of this Title. (2) The approximate location and extent of frequently flooded areas are shown on the Flood Insurance Rate Maps (FIRMs) prepared for the City of Pasco and Franklin County by the Federal Emergency Management AgencyFEMA, as part of the National Flood Insurance Program. 28.28.040 Management Title 16 (Buildings and Construction) and Chapter 24.20 (Flood Hazard Protection) of the City of Pasco Municipal CodePMC regulate proposed activities in all areas of special flood hazards. If allowed, any structures permitted in the designated flood areas are subject to the flood-proofing regulations provided in Title 16 and Chapter 24.20. (3) Floodways. Special flood hazard areas established in this section are areas that are extremely hazardous areas due to the velocity of flood waters, which carry debris, potential projectiles, and erosion potential. The following provisions apply to special flood hazard areas: (a) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered engineer or architect is provided demonstrating that encroachments shall not result in an increase in flood levels during the occurrence of the base flood discharge. (b) If PMC 28.28.040(3)(a) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of PMC Chapter (24.20). Page 119 of 227 Ordinance – PMC Title 28 Updates - 56 Chapter 28.32 Geologic Hazard Areas 28.32.010 Purpose The purpose of this chapter is to reduce the threats to public health and safety posed by geologic hazards. The intent is to reduce incompatible development in areas of significant geologic hazard. Development incompatible with geologic hazards may not only place itself at risk, but also may increase the hazard to surrounding development. Some geologic hazards can be reduced or mitigated by engineering, design, or modified construction or altering mining practices so risks to health and safety are minimized. When technology cannot reduce the risks to acceptable levels, development in the hazard area is best to be avoided. 28.32.020 Geologic Hazard Area Designation Geologic hazard areas within Pasco the City are those areas that are susceptible to significant erosion, landslide, flood hazards, seismic hazards, and surface mine collapse hazards. All areas within the City of Pasco meeting the criteria described in Section 28.32.030 for known or suspected risk or unknown risk, regardless of the presence or lack of any formal identification as such, are designated as critical areas and are subject to the provisions of this Title. (1) Volcanic Hazards. The GMA rowth Management Act requires that volcanic hazards be addressed in local critical area regulations. However, since no volcanic hazards exist in the CityPasco area, no volcanic hazards regulations are needed. (2) Flood Hazard Areas. Generally, areas subject to flood hazard conditions are regulated by PMC 28.28 and the City of Pasco Flood Plain regulations (PMC Title 24) which regulates those areas identified and classified by the Federal Emergency Management Agency (FEMA) on their Flood Hazard Boundary/Flood Insurance Rate Maps. 28.32.030 Geologic Hazard Area Classification and Designation Criteria Geologic hazard area classification criteria are listed in the table below, along with the source agencies that provide the guidelines for classification and designation: Page 120 of 227 Ordinance – PMC Title 28 Updates - 57 Table 28.32.030: Criteria for Classification of Geologic Hazard Areas Notes: NRCS = U. S. Department of Agriculture, Natural Resource Conservation Service 28.32.040 Geologic Hazard Area Rating Criteria All areas within the CityPasco shall be classified by the following risk categories for each geologic hazard type: Hazard Area Classification and Designation Source (1) Erosion Hazard Areas (a) Areas with soil type possessing erosion hazard of "moderate to severe," "severe," or "very severe." (Classification based on both soil type and slope) NRCS (2) Landslide Hazard Areas (a) Areas with slopes of thirty percent (30%) or greater slope and with a vertical relief of ten (10) or more NRCS (b) Areas with slopes steeper than fifteen percent NRCS (15%) on hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock where springs or groundwater seepage is present; NRCS (c) Areas with slopes parallel or sub-parallel to planes of weakness in subsurface materials (e.g., bedding planes, joint systems, and fault planes); NRCS (d) Areas with slopes having gradients steeper than eighty percent (80%) subject to rockfall during seismic NRCS (e) Alluvial fans or canyon bottoms presently or potentially subject to inundation by debris flows or catastrophic flooding; NRCS (f) Areas that have shown movement during the Holocene epoch or which are underlain or covered by wastage debris of this epoch; NRCS (g) Evidence of or risk from snow avalanches; NRCS (h) A "severe" limitation for building site development due to slope conditions; NRCS (i) Areas of historic failure such as areas designated as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps or technical reports (e.g., topographic or geologic maps, or other authorized documents). USGS, Wash. WDNR, or other government agencies (3) Flood Hazard Areas (a) Areas potentially unstable as a result of rapid stream incision, stream bank erosion, and Undercutting by wave action shall be addressed as a flood hazard PMC Title 24 Page 121 of 227 Ordinance – PMC Title 28 Updates - 58 Table 28.32.040 Rating of Geologic Hazard Risk Risk Classification Documentation and Data Sources Known or Suspected Risk Documentation or projection of the hazard by a qualified expert exists No Risk Documentation or projection of the lack of a hazard by a qualified expert exists Risk Unknown Data are not available to determine the presence or absence of a geologic hazard 28.32.050 Uses and Activities in Geologically Hazardous Areas The following activities are allowed in geologically hazardous areas pursuant to Chapter 28.12, and do not require submission of a critical area report provided that the activity will not increase the risk of the hazard: (1) Erosion and Landslide Hazard Areas. Except as otherwise provided for in this Title, only those activities approved and permitted consistent with the critical area report in accordance with this Title shall be allowed in erosion or landslide hazard areas. (2) Extreme Slope Hazard Areas. Installation of fences may be allowed within an extreme slope hazard area. (3) Other Hazard Areas. The following activities may be allowed within other geologically hazardous areas: (a) Construction of new buildings with less than 3,500 square feet of floor area or roof area, whichever is greater, and which are not residential structures or used as places of employment or public assembly; (b) Additions to existing residences that are 250 square feet or less; and (c) Installation of fences. (4) Prohibited uses: Facilities such as emergency response, hospitals, hazardous materials storage, etc. shall be prohibited from Geologically Hazardous Areas, unless Geologically Hazardous Areas Detailed Study demonstrates no risks in the area. PMC 28.12.040, Reasonable Use Exceptions, shall apply. 28.32.05028.32.060 Determination of Need for Geologic Hazard Area Detailed Study A Geologic Hazard Area Detailed Study of a geologic hazard area shall be required if the following indicators are present: (1) If the project area is listed in the City of Pasco Critical Areas Map as possessing either a Known or Suspected Risk for erosion, landslide, flood, seismic, or mine hazard. Page 122 of 227 Ordinance – PMC Title 28 Updates - 59 (2) If the project area is listed in the City of Pasco Critical Areas Map as possessing an Unknown Risk for erosion, landslide, flood, seismic, or mine hazard if any of the following are identified by the applicant or City: (a) A qualified geologist finds that any of the following exist: evidence of past significant events of the hazard in question on or adjacent to the site;, the presence of necessary and sufficient factors for events of the hazard in question on or adjacent to the site;, or reasonable uncertainty concerning the hazard the potential for significant risk to or from the proposed activity; or (b) The City Planner Department of Community and Economic Development possesses a reasonable belief that a geologic hazard may exist. Such reasonable belief shall be supported by a site visit and subsequent consultation with a qualified geologist. 28.32.06028.32.070 Geologic Hazard Area Detailed Study Requirements The minimum requirements for a Geologic Hazard Area Detailed Study include the following in addition to the Basic Requirements identified in Sections 28.12.150. (1) Basic Requirements. A Geologic Hazard Area Detailed Study shall meet the following: (a) The Detailed Study shall be prepared by a qualified professional engineer or geologist. Evidence of qualifications shall be provided with the Detailed Study. (b) A map, of a scale no smaller than 1 inch = 200 feet, of the site and the extent of the geologic hazard area as determined by the criteria in Section 28.32.030. (c) An assessment of the geologic characteristics and engineering properties of the soils, sediments, and/or rock of the subject property and potentially affected adjacent properties, and a review of the site history regarding landslides, erosion, and prior grading. The Study shall include a soils analysis consistent with the accepted regional taxonomic classification system, and a description of the vulnerability of the site to seismic events. Documentation of data and methods shall be included. (d) A geotechnical analysis, including a detailed description of the proposed project, its relationship to the geologic hazard(s), and its potential impact upon the hazard area, the subject property and affected adjacent properties shall be included. (e) A mitigation plan, if appropriate, prepared by a professional engineer Page 123 of 227 Ordinance – PMC Title 28 Updates - 60 or geologist under the supervision of a professional engineer qualified to prepare a Detailed Study. The mitigation plan shall include a discussion on how the project has been designed to avoid and minimize the impacts discussed in the geotechnical analysis (see mitigation standards provided in PMC 28.12.180). The plan shall make a recommendation for the minimum building setbacks from any geologic hazard based upon the geotechnical analysis. The plan shall also address the potential benefit of mitigation on the hazard area, the subject property, and affected adjacent properties. (f) Where more than one geologic hazard exists within, adjacent to, impacts, or is impacted by the activity site, then only one Geologic Detailed Study is required to be completed to conduct a geologic hazard Ccritical Aarea Rreview of the activity. The Critical Area Review report shall meet all of the requirements of each critical area type, but may present a unified mitigation plan. (g) Where a valid geotechnical report has been prepared within the last five (5) years for a specific site, and where the proposed land use activity and surrounding site conditions are unchanged, said report may be incorporated into the Detailed Study. The applicant shall submit a geotechnical assessment detailing any changed environmental conditions associated with the site. (2) Erosion and Landslide Hazard Areas. In addition to the requirements of PMC 28.32.60 (a), an Eerosion Hhazard or Llandslide Hhazard Aarea Detailed Study must also meet the following requirements: (a) The map shall depict the height of slope, slope gradient, and cross section of the site. The site plan shall also include the location of springs, seeps, or other surface expressions of groundwater. The Site Plan shall also depict any evidence of surface or stormwater runoff. (b) A description of load intensity, including surface and groundwater conditions, public and private sewage disposal systems, fills and excavations, and all structural development. (c) An estimate of slope stability and the effect construction and placement of structures will have on the slope duringover the estimated life of the structure. (d) An estimate of the bluff retreat rate that recognizes and reflects potential catastrophic events such as seismic activity or a one hundred 100-year storm event. (e) An assessment describing the extent and type of vegetative cover. Page 124 of 227 Ordinance – PMC Title 28 Updates - 61 (f) The geotechnical analysis shall specifically include: (i) Slope stability studies and opinion(s) of slope stability; (ii) Proposed angles of cut and fill slopes and site grading requirements; (iii) Structural foundation requirements and estimated foundation settlements; (iv) Soil compaction criteria; (v) Proposed surface and subsurface drainage; (vi) Lateral earth pressures; (vii) Vulnerability of the site to erosion; (viii) Suitability of on-site soil for use as fill; and, (ix) Building limitations. (g) Mitigation proposals shall include the location and methods of drainage, surface water management, locations, and methods of erosion control, a vegetation management and/or restoration plan, and/or other means for maintaining long- term stability of slopes. (3) Flood Hazard Areas. Flood Hazard Areas are addressed through PMC 28.28, Flood Hazard Areas, and the Floodplain regulations (PMC Title 24). If evidence exists that the proposed development area is subject to flood hazards that are not indicated on the City's Flood Hazard Boundary Maps, and site characteristics do not warrant an Eerosion or Llandslide Hhazard Detailed Study, the City may require additional analysis and preparation of a mitigation plan to determine if the site is suitable for development. (4) Seismic Hazard Areas. In addition to the Basic Requirements 28.32.060 (1a), a Detailed Study for a seismic hazard critical area shall also meet the following requirements: (i) The site map shall show all known and mapped faults in the project vicinity. (ii) The geotechnical analysis shall include a complete discussion of the potential impacts of seismic activity reasonably probable on the site (e.g.for example, forces generated and fault displacement). (5) Mine Hazard Areas. In addition to the Basic Requirements 28.32.060 (a1), a Page 125 of 227 Ordinance – PMC Title 28 Updates - 62 Detailed Study for a mine hazard critical area shall also meet the following requirements: (i) The Ssite Pplan shall delineate the existence of mine workings adjacent to or abutting the site, or nearby mine workings, which may impact the site; and (ii) The geotechnical analysis shall include a discussion of the potential for subsidence on the site. (6) Volcanic Hazard Areas. The City Pasco is located in an area of minimal risk from Volcanic Hazard Areas. 28.32.07028.32.080 Performance Standards Minimum Requirements This section describes the minimum performance standard requirements for Geologic Hazard Areas. (1) Basic Requirements (a) Alteration of geologic hazard critical areas is permitted only if the development proposal can be designed so that the hazard to the project and any increase of hazard to adjacent property is eliminated or mitigated, and the development proposal on the site is certified as safe by a geotechnical engineer licensed in the State of Washington. (b) All proposals involving excavations and placement of fills shall be subject to structural review under Chapter 33, Site Work, Demolition and Construction, of the most current International Building Code. (c) Essential public facilities as defined by RCW 36.70A.200 shall not be sited within designated geologic hazard areas. (2) Erosion and Landslide Hazard Areas. Activities on sites containing landslide or erosion hazards shall also meet the following requirements: (a) Alterations of the buffer and/or geologic hazard area may only occur for activities meeting the following criteria: (i) No reasonable alternative exists; and (ii) A geotechnical report is submitted and certifies that: (A) The development will not significantly increase surface- water discharge or sedimentation to adjacent properties beyond pre• development conditions; (B) The development will not decrease slope stability on Page 126 of 227 Ordinance – PMC Title 28 Updates - 63 adjacent properties; and (C) That such alterations will not adversely impact other critical areas. (b) A temporary Eerosion and Ssedimentation Ccontrol Pplan, prepared in accordance with the requirements of the standard specification of the City of Pasco. (c) A drainage plan for the collection, transport, treatment, discharge and/or recycle of water in accordance with the standard specification of the City of Pasco. (d) Surface drainage shall not be directed across the face of a landslide hazard area (including riverine bluffs or ravines). If drainage must be discharged from the hazard area into adjacent waters, it shall be collected above the hazard and directed to the water by a tight line drain and provided with an energy dissipating device at the point of discharge. (e) All infiltration systems, such as stormwater detention and retention facilities, and curtain drains utilizing buried pipe or French drain, are prohibited in landslide hazard areas and their buffers unless a geotechnical report indicates such facilities or systems or the failure of the same will not affect slope stability and the systems are designed by a licensed civil engineer. (f) A minimum standard buffer width of thirty (30) feet shall be established from the top, toe, and all edges of landslide and erosion hazard areas. Existing native vegetation shall be maintained. The buffer may be reduced to a minimum of ten (10) feet when an applicant demonstrates the reduction will adequately protect the proposed development, adjacent developments and uses, and the subject critical area. The buffer may be increased by the City Planner Department of Community and Economic Development for development adjacent to a river bluff or ravine, or in other areas that circumstances may warrant, where it is determined a larger buffer is necessary to prevent risk of damage to proposed and existing development as in the case where the area potentially impacted by a landslide exceeds thirty (30) feet. (g) On-site sewage disposal systems, including drain fields, shall be pProhibited within landslide and erosion hazard areas and related buffers. (h) Development designs shall meet the following basic requirements, unless it can be demonstrated that an alternative design provides Page 127 of 227 Ordinance – PMC Title 28 Updates - 64 greater long- term slope stability while meeting all other criteria of this Titlesection. The requirement for long-term slope stability shall exclude designs that require periodic maintenance or other actions to maintain their level of function. The basic development design standards are: (i) Structures and improvement shall be clustered to retain as much open space as possible and to preserve the natural topographic features of the site. (ii) Structures and improvements shall conform to the natural contour of the slope, and foundations shall be tiered where possible to conform to existing topography. (iii) Structures and improvements shall be located to preserve the most critical portion of the site and its natural landforms and vegetation. (iv) The use of retaining walls that allow the maintenance of existing natural slope area is preferred over graded artificial slopes. (v) All development shall be designed to minimize impervious lot coverage. (3) Flood Hazard Areas. Activities in flood hazard areas shall comply with PMC 28.28, Flood Hazard Areas, and the City of Pasco Ffloodplain regulations (PMC Title 24)the Flood Plain regulations, Title 24. (4) Seismic Hazard Areas. Activities on sites containing seismic hazards shall also meet the following requirements: (a) Mitigation is implemented, which reduces the seismic risk to a level equivalent to that which the activity would experience if it were not located in a seismic hazard area. (b) Structural development proposals shall meet all applicable provisions of Chapter 16 of the most current addition of the International Building Code (Structural Forces/Structural Design Requirements). (c) No residential structures or Essential Public Facilitiesy shall be located on a Holocene fault line as indicated by USGS investigative maps and studies. (5) Mine Hazard Areas. Activities on sites containing mine hazards shall also meet the following requirements: (a) Mitigation is implemented which reduces the risk from mine hazards Page 128 of 227 Ordinance – PMC Title 28 Updates - 65 to a level equivalent to that which the activity would experience if it were not located in a mine hazard area. (6) Volcanic Hazard Areas. No additional requirements. 28.32.080 28.32.090 Long-term Mitigation and Restoration Standards (1) The mitigation plan shall specifically address how the activity maintains or reduces the pre-existing level of risk to the site and adjacent properties on a long-term basis (equal to or exceeding the projected lifespan of the activity or occupation). Mitigation techniques providing long-term hazard reduction are those that do not require periodic maintenance or other actions to maintain their function. (2) Mitigation may be required to avoid any increase in risk above the pre- existing conditions following abandonment of the activity. (3) Any required restoration shall meet the long-term hazard reduction standards. In the case of restoration, long-term shall be defined as the equivalent of natural function. Section 2. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, 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 129 of 227 Ordinance – Development Regulations Updates - 1 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, AMENDING PMC 12.36.040 “EXCEPTIONS”; AMENDING PMC 25.15.030 “DEFINITIONS”; CREATING PMC 25.165.205 “ELECTRIC VEHICLE BATTERY CHARGING STATIONS”; CREATING PMC 25.197 “MINERAL LANDS”; AND AMENDING PMC 25.215.020 “COMPREHENSIVE PLAN AMENDMENT” ADOPTING DEVELOPMENT REGULATIONS CONSISTENT WITH THE PERIODIC REVIEW AND UPDATE UNDER THE WASHINGTON STATE GROWTH MANAGEMENT ACT. WHEREAS, the Growth Management Act, in RCW 36.70A.130 requires the City of Pasco to take legislative action to review, and if needed, revise its Comprehensive Plan and development regulations to ensure their continued compliance with the requirements of 36.70A; and WHEREAS, the Pasco City Council adopted Resolution No 3998 on October 5, 2020 adopting Volume 1 and Volume 2 of the 2018-2038 Comprehensive Plan and Future Land Use Map; and WHEREAS, the City of Pasco, during the process of its periodic review and update, has reviewed development regulations for consistency with the Growth Management Act and identified needed amendments; and WHEREAS, the Pasco Planning Commission conducted a public hearing on February 18, 2021 and recommended the amendments be forwarded to the Pasco City Council for approval; and WHEREAS, staff was notified on March 4, 2021 confirming our compliance with the Growth Management Act’s notification to state agency requirements in RCW 36.70A.106. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 12.36.040 entitled “Exceptions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 12.36.040 Exceptions. Unless otherwise provided, the following development activities shall not require a concurrency evaluation or the payment of a traffic impact fee: Page 130 of 227 Ordinance – Development Regulations Updates - 2 (1)  Neighborhood parks, boundary line adjustments, tax parcel segregations, final plats, incidental residential permits, sign permits, tenant improvements and remodels that do not result in the expansion of existing buildings. (2)  The requirement under PMC 12.36.080(1) for adjoining street improvements may be satisfied to accommodate a single dwelling on a lot platted prior to January 1, 2011, provided: (a)  The street is included within the City’s Six-Year Capital Improvement Plan. (b)  The permittee pays the proportionate share of the planned street improvement to the City in conjunction with the building permit. (c)  The criteria for consideration of placing a street in the Capital Improvement Plan shall include: (i)  The cost of constructing the required improvement creates a disproportionate burden upon the permit applicant; (ii)  The required improvement is necessary for beneficial use of the property; (iii)  The required improvements would benefit more than the permit applicant/owner; (iv)  The required improvement is on a collector, minor or principal arterial; (v)  The required improvements are unlikely to be funded through other means within the Capital Improvement Plan timeframe; and (vi)  The City will establish a latecomer agreement at the time of constructing the required improvement and has a reasonable expectation at the time the improvement is included in the City’s Capital Improvement Plan that the City will recoup a sufficient portion of the costs of constructing the improvement. (d)  Nothing in this subsection (2) of this section shall be construed as requiring the City Council to include a particular street within the Capital Improvement Plan. (e) Highways of Statewide Significance are exempt from concurrency evaluation. [Ord. 3993, 2011; Ord. 3821 § 1, 2007; Code 1970 § 12.36.040.] Section 2. That Section 25.15.030 entitled “Definitions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.15.030 A definitions. “Accessory dwelling” means a second and subordinate dwelling unit added to or created within a single-family dwelling that provides basic requirements for living, sleeping, cooking and sanitation. Page 131 of 227 Ordinance – Development Regulations Updates - 3 “Accessory use” means a use subordinate to the principal use and located on the same lot with such principal use. “Adult entertainment” means: (a) Any exhibition, performance or dance conducted in an adult entertainment facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or (b) Any exhibition, performance, or dance intended to sexually stimulate any patron and any conduct in an adult entertainment facility where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances, or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing. (c) Any exhibition, performance, display, dance, presentation, or dance of any type conducted in an adult entertainment facility and involving a person who is unclothed or in such attire, costume, or clothing as to expose to view any specified anatomical area, or who touches, caresses or fondles any specified anatomical area of themselves or another person, or permits touching, caressing or fondling of any of their own specified anatomical areas. “Adult entertainment facility” means any of the following: (a) “Adult arcade” means a commercial establishment which contains individual viewing areas or booths, where for any form of consideration, including but not limited to membership fee, one or more still or motion picture projectors, slide projectors, or other similar image-producing machines are used to show films, motion pictures, computer images or pictures, video cassettes, slides, or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. (b) “Adult cabaret” means a nightclub, bar, restaurant, tavern, or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment. (c) “Adult retail establishments” are commercial establishments such as a bookstore, video store, or novelty shop in which any one or more of the following constitute more than 20 percent of the establishment’s stock-in-trade for sale, rent, or any other form of consideration: Page 132 of 227 Ordinance – Development Regulations Updates - 4 (i) Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, slides or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or (ii) Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities. (d) “Adult motel” means a motel, hotel or similar commercial establishment which: (i) Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas, and that has a sign visible from the public right- of-way that advertises the availability of such sexually oriented materials; or (ii) Offers a sleeping room for rent on a rental fee period of time that is less than 10 hours; or (iii)  Allows a tenant or occupant of a sleeping room to sub rent the room for a period of time that is less than 10 hours. (e) “Adult mini motion picture theater” means a commercial establishment with a capacity for less than 50 persons, where for any form of consideration motion pictures, films, video cassettes, slides or similar visual or sensory representations are shown that are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. (f) “Adult motion picture theater” means a commercial establishment where for any form of consideration motion pictures, films, video cassettes, slides, or other similar visual or sensory representations are shown that are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. (g) “Adult nude photography shop” means a commercial establishment used for the business of allowing customers to photograph any “specified anatomical areas” of a person or persons, or for the customer to be so photographed with or without other persons. (h) “Body painting shop” means a commercial establishment used for the business of allowing customers to paint the body of a person or persons, or to allow the customer’s body to be painted. Page 133 of 227 Ordinance – Development Regulations Updates - 5 (i) Other adult entertainment facility” means any commercial establishment not defined elsewhere in the Pasco Municipal Code where adult entertainment or sexually oriented materials are regularly conducted, displayed, or available in any form, for any type of consideration and which represent more than 20 percent of the business’s stock- in-trade; provided, however, that a public library, school, university, or similar accredited educational or scientific facility shall not be considered an adult entertainment facility. In addition, a commercial establishment which offers access to telecommunication networks as a principal business purpose shall not be considered an adult entertainment facility unless the access it provides is for the primary purpose of displaying or presenting visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. "Affordable housing" means residential housing for rental occupancy which, as long as the same is occupied by low-income households, as defined in RCW 43.185A.010, requires payment of monthly housing costs, including utilities other than telephone, of no more than thirty percent of the family's income. For the purposes of housing intended for owner occupancy, “affordable housing” means residential housing that is within the means of low or moderate-income households. “Agricultural uses (commercial)” means agricultural activities, involving 10 or more acres, carried on as a commercial enterprise with the object of gain, benefit, or advantage, directly or indirectly. Agricultural uses (commercial) do not include feed lots, stockyards, dairies, hog farms or poultry husbandry. “Agricultural use (limited)” means an agricultural operation, including the construction of farm buildings and the keeping of farm animals upon the premises, but the agricultural operation shall be for a personal use only and not be carried on as a commercial enterprise where a profit is realized. “Alley” means a dedicated narrow service way, not more than 20 feet wide, providing a secondary means of public access to abutting properties. “Alterations” means, as applied to a building or structure: (a) A change or rearrangement of the structural or nonstructural parts in the existing facilities; or (b) An enlargement or addition on a building or structure; or (c) Moving a building or structure from one location or position to another; or (d) A change of use. Page 134 of 227 Ordinance – Development Regulations Updates - 6 “Amusement game center” means any building or portion thereof which contains more than two amusement game devices. “Amusement game device” means a machine or other device, whether mechanical, electrical, or electronic, to be operated by the public for the purpose of entertainment, amusement or as a game, the object of which is to score high or low by comparison to the score of other players, playing concurrently or not, or to demonstrate skill or competence against an opponent, whether the opponent is the device or another person. It shall include such devices as pool tables, billiard tables, pinball machines, arcade video games and similar devices which use television screens or monitors to reproduce symbolic figures and lines intended to be representative of real games or activities. This definition shall not apply to vending machines for products unrelated to gaming, a device which does not require active participation by the player in the game, coin-operated machines which only provide music, or gambling devices regulated by state law. “Animal unit” means any one of the following: Steer, cow, milk cow, horse, mule/donkey, three goats, three sheep, three pigs, 20 chickens, 20 fowl or 20 rabbits. For the purpose of this definition, any newborn animal listed above shall be excluded until such time as it is weaned. “Antique” means a piece of furniture, glassware, silverware, art work or other items that are at least 60 years old and are distinguished from general secondhand personal property and collectibles by educational value, historic value, artistic value, ornamental character or intrinsic aesthetic merits. “Antique dealer” means an establishment having as its primary stock-in-trade antiques as that term is defined in this chapter. “Apartment” means a building arranged, intended, or designed to be occupied by three or more families living independently of each other. “Assisted living facility” means a system of housing and care that is designed for two or more occupants who need some assistance with daily activities, and is required to be licensed by the State of Washington. “Auto body shop” means a building or portion of a building wherein there is engaged the business of improvement and restoration of automobiles and other motor vehicles by sanding, priming, painting, straightening and other like repair and restoration. “Auto dealership, new” means a business that is franchised or sanctioned through a dealership contract with an automaker or its sales subsidiary (e.g., Ford, Chrysler, Honda, BMW, etc.) to sell new vehicles at the retail level. Said dealership must include an on-site building greater than 8,000 square feet, with offices, a showroom, a parts department, service bays and indoor maintenance facilities. No more than 33 percent of a new auto dealership sales lot may be devoted to the display of pre-owned vehicles. Page 135 of 227 Ordinance – Development Regulations Updates - 7 “Auto detail shop” means a building or portion of a building wherein there is engaged the business of improvement of the appearance of automobiles or other vehicles defined in PMC 25.15.240 by washing, waxing, polishing or other like means not within the definition of an “auto body shop” (PMC 25.15.030). “Auto repair facilities” means the machinery permanently installed on site to facilitate automobile repair, such as hydraulic lifts, hoists or repair pits. [Ord. 4369 § 6, 2017; Ord. 4149 § 1, 2014; Ord. 4121 § 1, 2013; Ord. 4110 § 5, 2013; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.015 – 25.12.093.] Section 3. That a new Section 25.165.205 entitled “Electric vehicle battery charging stations” of the Pasco Municipal Code shall be and hereby is created and shall read as follows: 25.165.205 Electric vehicle battery charging stations. (1) Purpose. To establish “electric vehicle infrastructure” (EVI) regulations for the city to allow EVI and to meet the intent of RCW 35A.63.107 requiring the city to allow EVI in all zones except for residential zones or for resource use. (2) Definitions. “Battery charging station” means an electrical component assembly or cluster or component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW or as it may be amended and consistent with rules adopted under RCW 19.27.540 or as it may be amended. “Battery Electric Vehicle (BEV)” means a type of electric vehicle (EV) that uses chemical energy stored in rechargeable battery packs. As with other electric vehicles, BEVs use electric motors and motor controllers instead of internal combustion engines (ICEs) for propulsion. Sometimes, all-electric vehicles are referred to as BEVs (although a plug-in hybrid vehicle is also a battery electric vehicle). “Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW or as it may be amended and consistent with rules adopted under RCW 19.27.540 or as it may be amended. “Charging levels” means the electrical force, or voltage, at which an electric vehicle’s battery is recharged. Levels 1, 2, and 3 are the most common EV charging levels, and include the following specifications: (a) Level 1 is considered slow charging. It requires a 15- or 20-amp breaker on a 120- volt AC circuit and standard outlet. This level of charging can fully recharge a BEV Page 136 of 227 Ordinance – Development Regulations Updates - 8 between eight and 32 hours and a plug-in hybrid vehicle (PHEV) between three and 15 hours. (b) Level 2 is considered medium charging. It requires a 40-amp to 100-amp breaker on a 240-volt AC circuit. This level of charging can fully recharge a BEV between four and six hours and a PHEV between one and two hours. (c) Level 3 is considered fast charging. It requires a 60-amp or higher dedicated breaker on a 480-volt or higher three-phase circuit with special grounding equipment. Level 3 charging uses an off-board charger to provide the AC to DC conversion, delivering DC directly to the car battery. Charging time ranges from 25 to 40 minutes for BEVs and less than 20 minutes for PHEVs. “Electric motorcycle”, also referred to as an e-motorcycle, means a two or three-wheeled vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on board for motive purpose. “Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on board for motive purpose. “Electric vehicle” includes: (a) Battery electric vehicle (BEV); (b) Plug-in hybrid electric vehicle (PHEV); (c) Neighborhood electric vehicle (NEV); (d) Medium-speed electric vehicle; and (e) Electric motorcycles. “Electric vehicle charging station” means a public or private parking space located together with a battery charging station which permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle. An electric vehicle charging station is permitted as an accessory use to any principal use. However only a private battery charging station is permitted in a residential neighborhood. “Electric vehicle infrastructure” Where permitted means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. “Electric vehicle parking space” means any marked parking space that identifies the use to be exclusively for an electric vehicle. "Medium-speed electric vehicle" means a self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in Page 137 of 227 Ordinance – Development Regulations Updates - 9 one mile is more than twenty-five miles per hour but not more than thirty-five miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 C.F.R. Sec. 571.500. “Neighborhood electric vehicle (NEV)” means an electric vehicle that is capable of traveling at a maximum speed of 25 mph. “Plug-in Hybrid Vehicle (PHEV)” means a hybrid with high-capacity battery that can be charged by plugging it into an electrical outlet or charging station. Such vehicles can store enough electricity to significantly reduce their petroleum use under typical driving conditions. “Rapid Charging Station” means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW or as it may be amended and consistent with rules adopted under RCW 19.27.540 or as it may be amended. (3) Design criteria: (a) Number Required. This is an optional improvement. No minimum number of stalls applies; provided, if electric vehicle stalls are reserved for electric vehicles, care should be taken to ensure enough spots are available for all of a site’s parking needs. (b) Generally. Location and layout of electric vehicle parking is expected to vary based on the design and use of the primary parking lot. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service. (c) Signage to Identify. Each charging station space should be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operation should be included if time limits or tow away provisions are to be enforced by the owner. (d) Directional Signage. Installation of directional signs at the parking lot entrance and at appropriate decision points to effectively guide motorists to the charging station space(s). (e) Maintenance. Charging station equipment should be maintained in all respects, including the functioning of the charging equipment. (f) Accessibility. Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, charging equipment should be located so as to not interfere with accessibility requirements of WAC 51-50-005 or as it may be amended. (g) Lighting. Where charging station equipment is installed, adequate site lighting should also be provided unless charging is for daytime purposes only. Page 138 of 227 Ordinance – Development Regulations Updates - 10 (h) Notification of Station Specifics. Information on the charging station must identify voltage and amperage levels and time of use, fees, and/or safety information. (4) Construction of chapter. None of the standards herein shall have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed. Section 4. That a new Chapter 25.197 entitled “Mineral Lands” of the Pasco Municipal Code shall be and hereby is created and shall read as follows: Chapter 25.197 MINERAL LANDS Sections: 25.197.010 Purpose. 25.197.020 Applicability. 25.197.030 Mapping. 25.197.040 Title notification. 25.197.050 Plat notification. 25.197.060 Regulations. 25.197.010 Purpose. The purpose of this chapter is to regulate the use of land in and around mineral resource lands; to protect mineral extraction activities from new nearby incompatible uses; to protect existing mineral resource lands from encroachments; and to comply with the Washington State Growth Management Act. 25.197.020 Applicability. “Mineral resource lands” are lands primarily devoted to mining of mineral deposits or that have known or potential long-term significance for the mining of mineral deposits. “Minerals” include gravel, sand, and valuable metallic substances. 25.197.030 Mapping. Mineral resource lands subject to this title include the following: (a) Any area presently operating under a valid Washington State Department of Natural Resources (DNR) surface mining permit. (b) Any other area shall be classified a mineral resource land when: Page 139 of 227 Ordinance – Development Regulations Updates - 11 (i) A surface mining permit is granted by the DNR; and (ii) The mining operation is approved by the city for compliance with zoning regulations and the State Environmental Policy Act. 25.197.040 Title notification. The owner of any mineral resource land or within 600 feet of a mineral resource land, for which an application for any permit is submitted, shall record a title notice with the Franklin County auditor. The notice shall be notarized and shall be recorded prior to approval of any development proposal for the site. 25.197.050 Plat notification. The owner of any site within this designation, on which a short subdivision or subdivision is submitted, shall record a notice on the face of the plat. Such notification shall be in the form as set forth below. (1) Notice. This property lies within an area of land designated Mineral Resource Lands by the City of Pasco, or within 600 feet of such land. A variety of commercial mining activities occur in the area that may be inconvenient or cause discomfort to area residents. This may arise from the use of heavy equipment, chemicals, and spraying which may generate dust, smoke, and noise associated with the extraction of mineral resources. Such activities shall not constitute a public nuisance when conducted in accordance with state, federal, and local laws. The City of Pasco has established mining as a priority use on existing productive mineral resource lands, and residents of adjacent property should be prepared to accept such inconvenience or discomfort from normal, necessary mining operations. 25.197.060 Regulations. The provisions of this chapter shall apply in conjunction with the regulations of 29.20 (Shoreline Modifications and Use Regulations) Section 5. That Section 25.215.020 entitled Comprehensive Plan amendment” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.215.020 Comprehensive Plan amendment. (1) Any person, firm, corporation, group of individuals, or municipal department may petition for an amendment to the Comprehensive Plan; Purpose. The purpose of this Chapter is to set forth the criteria and procedures for reviewing and evaluating proposed amendments to the City’s Comprehensive Plan consistent with the requirements of the State Growth Management Act. Page 140 of 227 Ordinance – Development Regulations Updates - 12 (2) The City Council, upon its own motion, may request the Planning Commission hold an open record hearing to consider a proposed Plan amendment; The Growth Management Act (GMA) requires that comprehensive plans be subject to continued review and evaluation and that any amendments or revisions to the comprehensive plan conform to the requirements of Chapter 36.70A RCW and that any changes to development regulations or official controls are consistent with and implement the comprehensive plan (RCW 36.70A.130(2)). (3) The Planning Commission may initiate an open record hearing for the purpose of considering amendments to the Plan; Types of Comprehensive Plan Amendments defined. (a) “Periodic Comprehensive Plan amendment” means a modification to the city of Pasco’s Comprehensive Plan, including, but not limited to, a text amendment, change to the comprehensive plan designations map or urban growth area amendment, and which occurs during any annual or other periodic review of public and private comprehensive plan amendment proposals. (b) “Comprehensive Plan element amendment” means a proposed change or revision to any of the required elements of the comprehensive plan such as the Land Use, Transportation, Housing or Capital Facilities Elements. (c) “Emergency amendment” means any proposed change or revision to the comprehensive plan that arises from a situation that necessitates expeditious action to preserve the health, safety or welfare of the public, or to support the social, economic or environmental well-being of the city. Emergency amendments may be reviewed and acted upon outside the annual amendment review cycle. (4) (The Comprehensive Plan shall not be amended more than once a year unless there is an emergency requiring an amendment. All petitions requesting amendments of the Plan shall be accepted during any time of the year and held until such time as a hearing is scheduled; and Initiation. Comprehensive Plan Amendments may be initiated by any of the following: (a) Property owner(s) or their representatives within the Urban Growth Area; (b) Any citizen, agency, neighborhood association or other party within the Urban Growth Area; or (c) City Council or City Staff. (5) All petitions for Comprehensive Plan amendments shall be processed following the applicable sections of the amendment and rezoning process of Chapter 25.210 PMC. Applications. Applications for Comprehensive Plan Amendments shall be made on forms provided by the City. Page 141 of 227 Ordinance – Development Regulations Updates - 13 (6) Application Submittal. (a) Applicant Initiated. Comprehensive Plan Amendments shall be subject to a fully complete determination pursuant this chapter. The date upon which the City makes a fully complete determination shall be the date of registration with the Department of Community and Economic Development. (b) Applicants are required to utilize the City's Pre-Application Meeting process prior to submitting a Comprehensive Plan Amendment application. (c) Non-Applicant Initiated. After submittal of a non-applicant-initiated application, the application shall be placed on the docket. (d) Docket of Comprehensive Plan Amendments. The Department of Community and Economic Development shall establish and maintain a docket of all complete applications. (7) Annual Review of Docket. (a) Sixty days prior to May 1 in each calendar year, the City shall notify the public that the amendment process has begun. If May 1 falls on a non-business day for the City, the due date shall be the first business day after May 1. Notice shall be distributed as follows: (i) Notice published in appropriate regional or neighborhood newspaper or trade journal; (ii) Notice posted on the City's website; and (iii) Notice sent to all agencies, organizations and adjacent jurisdictions with a known interest. (b) All complete applications shall be docketed and reviewed concurrently, on an annual basis and in a manner consistent with RCW 36.70A.130. (i) Complete applications received after May 1 of the previous calendar year and before May 1 of the current calendar year shall be included in the annual review. Those received after May 1 of the calendar year shall be placed on the docket for review at the following annual review. (ii) City Council Review of Docketed Requests. After the May 1 deadline, city staff will present the docketed requests to the Planning Commission (Commission) for review and a recommendation. The Commission's recommendation shall be forwarded to the City Council (Council) as soon as practical for Council review. The Council shall determine which specific docketed requests are processed based on the following criteria: Page 142 of 227 Ordinance – Development Regulations Updates - 14 (A) Timing of the requested amendment is appropriate, and Council will have sufficient information to make an informed decision; (B) The City will be able to conduct sufficient analysis, develop policy and related development regulations; (C) The requested amendment has not been recently rejected by Council; (D) The amendment will further implement the intent of the City's adopted Comprehensive Plan or the Growth Management Act; (E) The amendment is not better addressed through another planning process. (iii) Statutorily Mandated Periodic Review. Amendment requests will not be docketed for review the year of, and the year prior to the deadline for completion of the periodic review. The deadline for completion of this review is specified in RCW 36.70A.130. (iv) Emergency Amendments. The City may review and amend the Comprehensive Plan when the Council determines that an emergency exists or in other circumstances as provided for by RCW 36.70A.130(2)(a). (8) Notice of Open Record Hearing. Comprehensive Plan Amendments require an open record hearing before the Commission. (a) Contents of Notice. A notice of open record hearing shall include the following: (i) The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; (ii) A statement of how the proposal would change the affected provision; (iii) A statement of what areas, Comprehensive Plan designations, zones, or locations will be directly affected or changed by the proposal; (iv) The date, time, and location of the open record hearing; (v) A statement of the availability of the official file; and (vi) A statement of the right of any person to submit written comments to the Commission and/or appear at the open record hearing of the Commission to give oral testimony on the proposal. Page 143 of 227 Ordinance – Development Regulations Updates - 15 (b) Distribution of Notice. The department shall distribute the notice pursuant to notification requirements of the Pasco Municipal Code. (c) Approval Criteria. The City may approve Comprehensive Plan Amendments if it finds that: (i) The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; (ii) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City's adopted Comprehensive Plan not affected by the amendment; (iii) The proposed amendment corrects an obvious mapping error; or (iv) The proposed amendment addresses an identified deficiency in the Comprehensive Plan. (9) Additional Factors. The City must also consider the following factors prior to approving Comprehensive Plan Amendments: (a) The effect upon the physical environment; (b) The effect on open space and natural features including, but not limited to, topography, streams, rivers, and lakes; (c) The compatibility with and impact on adjacent land uses and surrounding neighborhoods; (d) The adequacy of, and impact on community facilities, including utilities, roads, public transportation, parks, recreation, and schools; (e) The quantity and location of land planned for the proposed land use type and density and the demand for such land; (f) The current and projected project density in the area; and (g) The effect, if any upon other aspects of the Comprehensive Plan. (10) Planning Commission Recommendation - Procedure. Page 144 of 227 Ordinance – Development Regulations Updates - 16 Following the open record hearing, the Commission shall consider all applications concurrently, and shall prepare and forward a recommendation of proposed action for all applications to the Council. The Commission shall take one of the following actions on each application: (a) If the Commission determines that any proposal should be adopted, it may, by a majority vote, recommend that the Council adopt the proposal. The Commission may make modifications to any proposal prior to recommending the proposal to Council for adoption. If the modification is substantial, the Commission must conduct an open record hearing on the modified proposal; (b) If the Commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the Council not adopt the proposal; or (c) If the Commission is unable to take either of the actions specified in subsection (10)(a) or (b) of this section, the proposal will be sent to Council with the notation that the Commission makes no recommendation. (11) City Council Action. Within sixty (60 ) days of receipt of the Commission's findings and recommendations, the Council shall consider the findings and recommendations of the Commission concerning the applications. The Council may hold additional public hearings as necessary to make a decision. All annual amendments to the Comprehensive Plan shall be considered concurrently. By a majority vote of its membership, the Council shall take one of the following actions on each application: (a) Approve the application; (b) Deny the application; or (c) Modify the application. If the modification is substantial, the Council must either conduct a public hearing on the modified proposal; or refer the proposal back to the Commission for further consideration. (12) Transmittal to the State of Washington. At least sixty (60) days prior to final action being taken by the Council, the Washington State Department of Commerce shall be provided with a copy of the proposed amendments in order to initiate the 60-day comment period. No later than ten days after adoption of the proposal, a copy of the final decision shall be forwarded to Department of Commerce. (13) Comprehensive Plan Element Amendments. (a) Amendments to any of the required elements of the comprehensive plan as defined in RCW 36.70A.070 shall be initiated by resolution approved by a majority vote of the City Council. Page 145 of 227 Ordinance – Development Regulations Updates - 17 (b) The City Council shall consider the amendments, conduct a public hearing on the amendments and adopt the element by ordinance. (14) Emergency Comprehensive Plan Amendments. (a) Emergency amendments, as defined in this chapter shall be initiated by resolution approved by a vote of the council upon a finding that a situation exists that necessitates expeditious action to preserve the health, safety or welfare of the public; or to support the social, economic or environmental well-being of the City. (b) Emergency amendments so initiated shall be forwarded to the director who shall immediately begin processing the initiated amendment in the manner set forth for the processing of annual comprehensive plan amendments. (c) Appropriate public notice and an opportunity for public comment, as determined by the nature of the emergency, must precede the adoption of emergency amendments to the comprehensive plan. [Ord. 3354 § 2, 1999; Code 1970 § 25.92.020.] Section 6. 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, and approved as provided by law 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 146 of 227 1 CA2021-002: Comments Matrix Comments received as of 3/12/2021 # Commenter Comment (paraphrased) Response 1 WA Dept of Health General suggestion- double-check all numbering at conclusion of edits, including x-refs within the code itself. I can see a few things in CARAs that seem off but didn’t mark them individually. (Page i) Updated as suggested 2 WA Dept of Health We all call it GMA, but technically there’s no such name either in statute or the enacting legislation. Better to cite to the statute. (Page 5) Update as suggested 3 WA Dept of Health This seems to be more of a purpose or benefit statement, or even findings. These two items don’t appear to be used as “categories” or organizing features in the rest of the regs.(Page 5) Deleted section 4 WA Dept of Health The rule is in the WAC, not the RCW; & it’s the WAC that “identifies ways.” You might want to just link this with the previous sentence, as in: Meet the requirements of the "Best Available Science" rule intended to ensure that best available science is included in the development of local policies and regulations for critical areas, including special consideration of preserving and enhancing anadromous fisheries, pursuant to RCW 36.70A.172(1). (Page 6) Update as suggested 5 WA Dept of Health Already in definitions (though worded differently) (Page 7) Update as suggested 6 WA Dept of Health This is permissive or a “might.” Is it meant to be exhaustive? Since it says above sources are available from planning, does this need to be here when it isn’t actually adopting these by reference or designating them? (Page 7) Update; add “at a minimum” 7 WA Dept of Health I like the alphabetical organization. It makes it much easier if amendments are needed later, rather than setting out an entire set of definitions in an amending ord. (Page 9) Noted 8 WA Dept of Health The name at time of publication was Office of Community Development, not this – but would it be appropriate to change it to Commerce? (I don’t think they’ve ever actually reissued under that name) (Page 9) Update as suggested Page 147 of 227 2 # Commenter Comment (paraphrased) Response 9 WA Dept of Fish & Wildlife Why does Compensatory mitigation ONLY include wetlands? I understand that wetlands have their own regulatory framework, but compensatory mitigation should also be applied to losses and impacts to uplands that are wholly or partially critical areas. (Page 10) Apply to wetland and fish and wildlife habitat areas 10 WA Dept of Health See comments in CARAs section. The only place this is used is in the definition of “unprotected aquifer.” If there is cause to remove that, then this should be dropped also. (Page 10) Keep 11 WA Dept of Fish & Wildlife Defines threatened but how come NO definition for Endangered under 28.08.060. For that matter what about candidate and sensitive species? I see that “sensitive” is used to describe species in the document so maybe only that term needs to be defined and we can forget about candidate. Update as suggested 12 WA Dept of Health This is our standard suggested language fo4r those doing CARAs-related work. Sometimes communities that don’t have a good range of scientific professionals locally may more broadly include as an option a PE or geologist with experience in hydrogeology. (See Ch. 18.220 RCW & Ch. 308- 15 WAC, generally, & specifically WAC 308-15-053 & -055.) Update as suggested 13 WA Dept of Fish & Wildlife Defines threatened but how come NO definition for Endangered under 28.08.060. For that matter what about candidate and sensitive species? I see that “sensitive” is used to describe species in the document so maybe only that term needs to be defined and we can forget about candidate. (Page 15) Update as suggested 14 WA Dept of Health This is notably different than favorable & final above, which don’t say dir. Is there a HE who might be making that judgment instead? Unless this is an intentional departure, it might be better just to leave it as dept, so assigned staff could issue. (Page 16) Keep as is, consistent with City process 15 WA Dept of Health Drawn from WAC 246-290-010(308) combined with 246-290- 135(3)(c)(ii) (Page 17) Update as suggested 16 WA Dept of Health This doesn’t appear to be a ss under #12 but referring #1-12 above. (Page 22) Move 17 WA Dept of Health Better to clarify with an actual date (assuming this goes back Insert adoption date Page 148 of 227 3 # Commenter Comment (paraphrased) Response in time to original adoption?) (Page 24) 18 WA Dept of Health See mitigation comment in CARAs section (Page 26) Added “as applicable” 19 WA Dept of Health Does the City have sufficient in-house technical knowledge to review all of this, including any special reports? If not, the City may wish to consider including a provision that it can retain 3rd party review at applicant’s expense. Otherwise it’s difficult for the city to carry out #4 above. (Page 26) City can address during the implementation process. Keep as is. 20 WA Dept of Health This is also covered in Q. B.8.h of SEPA checklist- some jurisdictions do this as an add-on to the SEPA form. (Page 27) Delete section 21 WA Dept of Health What about the references that are listed under individual critical areas? (Page 28) Delete reference to PMC and update to read: “May use any of the applicable B.A.S. sources” 22 WA Dept of Health It is not appropriate to apply the general mitigation requirements to all critical areas. The compensatory mitigation provisions of WAC 365-196-830 are carried through to only two specific critical areas types – geohazard (WAC 365-190-120) & wetlands (WAC 365-190-090) – but do not extend to CARAs (not included in WAC 365-190-100) or other critical area classes. When placed in general standards, these provisions imply that some degree of degradation to an aquifer is acceptable, while allowing even a limited degree of harm to an aquifer could result in lost potability. (Page 30) Updated the title to include Wetlands, Fish and Wildlife Habitat Areas and Geologic Hazard Areas only 23 WA Dept of Fish & Wildlife 28.12.180 (2) Mitigation Standards. This should include the word “compensation” to be consistent with 28.12.180(1)(e) (Page 30) Update text 24 WA Dept of Health This does not imply a separate legal lot. Some jurisdictions I’ve seen require a set-aside lot be created for critical areas – obviously this wouldn’t be workable for all types of critical areas, though. (Page 32) Noted, keep as is 25 WA Dept of Health These are terms with specific statutory meanings (plus defined in this code), which don’t necessarily reflect all potential contaminants. (Page 53) Updated 26 WA Dept of Health See maps in accompanying email – there are several WHPAs (all or portion) associated with other water systems overlaying the city limits, so this is fine. In addition, both the City’s & Kennewick’s water systems & also Pkg. Corp. of Delete tables based on the entire City designated for aquifer recharge areas Page 149 of 227 4 # Commenter Comment (paraphrased) Response America use surface water, so the framework is different. There’s a watershed plan associated with the City’s water system plan that talks about upland uses, & a separate protective area is established that is *not* a WHPA, so it would be advisable to include “surface water protection areas” as well. See additional info in accompanying email re control measures for this area, plus added to definitions. (Page 53) 27 WA Dept of Health Unprotected aquifers is mentioned in 2 categories here & also in definitions, which is unusual for most codes I’ve seen. Does Pasco know of that issue in the city? (i.e., does BAS indicate that it exists?) I’m not seeing it discussed in our docs (see accompanying email). If this isn’t an identified geo feature, suggest deleting #3 & 4 here. (Page 53) Delete tables based on the entire City designated for aquifer recharge areas 28 WA Dept of Health The CARA itself functions as a buffer & need not have an additional buffer placed around it. (Page 53) Deleted 29 WA Dept of Health Might be easier to tie these to NRCS Hydrologic Soils Groups (map provided in accompanying email) as the extent is readily identifiable in relation to surficial features. Please note there is considerable Group A high infiltration soils coverage. (Page 54) Delete tables based on the entire City designated for aquifer recharge areas 30 WA Dept of Health What is “hazardous” for this purpose is not defined. Typically a land use would not be “prohibited if possible.” It would either be allowed or not, & if allowed it would be conditioned. If full prohibition is considered, due to the extent of WHPA, SWPA, & high infiltration soils, this may knock out a great deal of the city in terms of siting any such uses. (Page 54) Updated 31 WA Dept of Health Do you want to include water system plan(s)? -see accompanying email (Page 54) Added: Water System Plan and Wellhead Protection Plan 32 WA Dept of Health How does this relate to “prohibit if possible”? (Page 54) These will be regulated, as updated under PMC 28.24.040(1) 33 WA Dept of Health This is often not possible, as a CARA may underlie an entire site. (Page 55) Clarified 34 WA Dept of Health Mitigation is not appropriate for CARAs. Even a limited Updated Page 150 of 227 5 # Commenter Comment (paraphrased) Response degree of harm could result in lost potability. (Page 56) 35 WA Dept of Health This seems like a good addition. Water system plans don’t typically address injection unless the system itself is using it; however, we’ve run into a couple of issues. One had to do with a newly built public school that reinjected clean water after circulation through a thermal heating system, but it was altered from the groundwater in that it was treated by the system prior to tap delivery, & it was also reentering at a different temperature. This is where “purveyor as stakeholder” becomes important when a project is proposed; unfortunately, in this case that didn’t happen & the water system wasn’t aware of it until it was already complete. This kind of clause will help to forestall things like that. One question: as used here, does “reclaimed” include stormwater facilities? (Page 57) Noted 36 WA Dept of Ecology Relabel Wetland Characteristics Table Noted and updated as recommended 37 WA Dept of Ecology Removal and clarification of “hobby farm” from Land Use Intensity Table Noted and removed as recommended 38 WA Dept of Ecology Consider adding “imperious” to distinguish from unpaved trails in Land Use Intensity Table Noted and added as recommended 39 WA Dept of Ecology Consider adding forestry permit practices permit to Land Use Intensity Table Noted and added as recommended 40 WA Dept of Ecology Word usage; either "titled" or eliminated on Compensatory Mitigation ratios Noted and updated as recommended 41 WA Dept of Ecology For on-site mitigation preference on Compensatory Mitigation: “This language is in our guidance...for now. But given the below provisions perhaps a qualifier such as adding "when ecologically preferred", or just "when functionally beneficial" Noted and updated as recommended 42 WA Dept of Ecology Buffer Table, Low Habitat Category should be identified as 3- 5 points, not 3-4. Noted and updated as recommended 43 WA Dept of Fish and Wildlife Add the word “conservation” to read “Fish and wildlife habitats conservation areas” throughout the document including definition section Updated 44 WA Dept of Fish and Add multiple definitions Added except for the ones below Page 151 of 227 6 # Commenter Comment (paraphrased) Response Wildlife 45 WA Dept of Fish and Wildlife Add definition “Site-Potential Tree Height” SPTH definition added but this is more applicable for a forest setting. Riparian areas within the City are located in shoreline jurisdiction and are populated with Russian Olive, willows, elm and some cottonwood. SMP buffers were established considering this along with water quality protection as the drivers for determining widths – all of which are covered in the SMP. The CAO will protect other Fish and Wildlife Habitat Conservation Areas. 46 WA Dept of Fish and Wildlife Add definition and regulations in multiple sections relating to Channel Migration Zone (CMZ) CMZs do not exist in the waterbodies within or adjacent to the City as the Columbia and Snake rivers are both pooled reservoirs and there are no streams running through the City. There are some irrigation controlled drainages that have water but these are also controlled to remain within established channels and these channels do not migrate. Therefore, the CMZ definitions and references do not apply and were not included. Also updated suggested RMZ definition for consistency 47 WA Dept of Fish and Wildlife Add documentation for critical areas detailed study (28.12.140(2)(e) and 28.12.140(2)(f) Updated 48 WA Dept of Fish and Wildlife Add under mitigation standards, Documentation of consultation with the agency in 28.12.170(2)(f) Updated 49 WA Dept of Fish and Wildlife For Bald Eagle Habitat, 28.20.060(1), change references from WDFW to U.S. Fish and Wildlife Service (USFWS) Updated 50 WA Dept of Fish and Wildlife Flood hazard areas references to documents in addition to FEMA Generalized language added to allow 51 WA Dept of Fish and Wildlife List of Best Available Science resources Resources are already included. In addition, references to SMP’s Inventory, Characterization, and Analysis Report includes more resources. Page 152 of 227 MEMORANDUM TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers DATE: THURSDAY, FEBRUARY 18, 2021 6:30 PM 1 TO: Planning Commission FROM: Jacob B. Gonzalez, Senior Planner SUBJECT: MF# CA 2021-001 – Compliance Update for Critical Areas & Development Regulations Note: This item was discussed at the January 21, 2020 Planning Commission incorrectly as a Comprehensive Plan Amendment. This item is a Code Amendment only and will not amend the Comprehensive Plan. The Master File has been updated to reflect the correction. Background The Washington State Department of Commerce Department tracks three milestones to ensure jurisdictions are compliant with the Growth Management Act: • Comprehensive Plan (Pending Franklin County Adoption) • Critical Areas Ordinance / CAO (In Progress) • Development Regulations (In Progress) In order to satisfy the requirements of the GMA’s periodic update, the City will need to update a series of Development Regulations and Critical Areas Ordinance to ensure consistency with recent state laws. Updates to the Critical Areas Ordinance and Development Regulations are primarily administrative as they will reflect recent state laws or references to the RCWs. As such, staff is coordinating this effort with applicable state agencies including: • Department of Commerce • Department of Ecology • Department of Health • Department of Fish & Wildlife In addition to the agencies above, staff is coordinating this effort Pasco’s Department of Public Works and working alongside our consulting team (Oneza & Associates and White Bluffs Consulting). Two coordination meetings have taken place thus far (January 5, January 27) that have helped identify the specific updates and revisions necessary for compliance. A Determination of Non-Significance (DNS) was issued on February 4, 2021 indicating that after review of the SEPA (environmental checklist), that the proposal does not have a probable significant adverse impact on the environment. A public notice was published in the Tri-City Herald on February 7, 2021. Page 153 of 227 2 Summary of Updates The following is intended to provide a summary of the proposed changes to the Critical Areas Ordinance (CAO) and various Development Regulations. Changes were identified after review and with comments from state agencies. (See Exhibit #A for Critical Areas Ordinance and Exhibit #B for Development Regulations proposed changes.) Critical Areas Ordinance (CAO) (PMC Title 28) • Best Available Science • Wetland Designations o References to United States Army Corps of Engineers Wetlands Delineation Manual o Addition of Wetland Characteristics table o Update to Land Use Intensity table o Update to Wetlands Mitigation Ratios • Aquifer Recharge Areas o Update to regulations and permitting o Update to performance standards and other uses • Flood Hazard Areas o Update to Management regulations • Geologic Hazard Areas o Update to Uses and Activities table Development Regulations • PMC 25.15.030 (Affordable Housing Definition) – NEW o Affordable housing is defined as when the total housing costs, including basic utilities, does not exceed 30% of the income limit (for renters, 50% or less of the county median family income, adjusted for family-size, and for owners, 80% or less of the county median family income, adjusted for family size). RCW 36.70A.540, and WAC 365-196-410(2)(e)(i) defines affordable housing. • PMC 25.197 (Mineral Lands Regulations) – NEW o Designated mineral lands and associated regulations reviewed as required by RCW 36.70A.131 and WAC 365-190-040(5). • PMC 12.36040 (Transportation Concurrency) o Addition of Highways of Statewide Significance as Exempt • PMC 25.185.1445 (Electric Vehicle Battery Charging Station Regulations) – NEW Page 154 of 227 3 o Development regulations of all jurisdictions must allow electric vehicle battery charging stations in all areas except those zoned for residential or resource use, or critical areas by July 1, 2011. RCW 36.70A.695, New in 2009 • PMC 25.215 (Comprehensive Plan Annual Docketing and Emergency Amendment Procedures) – NEW o Regulations include a docketing process for requesting and considering plan amendments. RCW 36.70A.130(2), RCW 36.70A.470, and WAC 365-196-640(6) o Regulations define emergency for an emergency plan amendment. RCW 36.70A.130(2)(b) and WAC 365-196-640(4). A comments summary matrix is included as Exhibit #C that identifies each comment and corresponding response. Next Steps Staff will continue coordination with state agencies and city departments throughout the duration of the amendment process. Per RCW 36.70A.106 and WAC 365-196-630, cities and counties are required to notify the Washington State Department of Commerce (Commerce), Growth Management Services office, when adopting or permanently amending its comprehensive plans and/or development regulations. Staff will be submitting a request for an expedited review by February 18, 2021. RECOMMENDATION MOTION: I move to close the public hearing on the proposed code amendment CA2021-002 and recommend to the Pasco City Council the adoption of the proposed code amendments for Critical Areas Ordinance and Development Regulations as contained in the February 18, 2021 Planning Commission staff report. Page 155 of 227 Meeting Minutes from the Planning Commission Dated: February 18, 2021 Code Amendment- Compliance Update for Critical Area & Development (MF# CA2021-001- Jacob Gonzalez stated members of the Planning Commission, and again, similar to the workshop item in January, the effort here is to update our critical areas ordinance and a variety of development regulations to be compliant with recently adopted state law, perhaps, or I think oversight over the past 10 or so years. These really happen in conjunction with the Comprehensive Plan Amendment. So that's the periodic compliance update that we're moving forward with or the effort is today. So there were two attachments or three attachments to the staff report today. There was Exhibit A, which was the significant update to the Critical Areas ordinance and also Exhibit B, which was the actually quite a bit of new additions to the development regulations addressing affordable housing provisions for electric vehicle battery charging stations and a process for a comprehensive plan, amendment and emergency amendment processes. On the next slide, a summary of what was updated in the Critical Areas ordinance. We actually have most, if not all of these already identified in the Shoreline Master program, which I think is on the Planning Commission members today experienced a few years ago. So it was simply just referencing what was already in our code, putting it also under the critical areas ordinance umbrella, there was an update to the wetland buffers and critical aquifer recharge areas, or CAO to align with the shoreline master plan. There was some additional refinements and clarities made to the CAO to align with state updates and requirements. We did receive significant comments from state agencies. We haven't received any comments from members of the public, but we did receive comments from the Department of Health, Department of Ecology and the Department of Fish and Wildlife. And in fact, there was an added exhibit today that was sent to members of the Planning Commission, which included the comments and responses from the department, the Washington State Department of Health. I also want to note that exhibit number C, which was the comments matrix, included every comment and question. So they were all included in that, just not in the document you saw on Friday. And on the next slide, the summary of items for the development regulations. And so there's some new additions that we want to highlight here, an added definition in terms for affordable housing, mineral, mineral land regulations and electric vehicle battery charging stations. There was added language to the concurrency chapter of Title 12, the municipal code. This would make highways of statewide significance, which are adopted by the Washington State Department of Transportation. Those would be exempt from concurrency review and also the comprehensive plan. And you'll docketing an amendment process and on the next slide. This is the definition that staff is proposing for affordable housing. This is right in line with the CA. It's also referenced in a variety of city planning documents. We just don't actually have it in the code. So we reference this in the comprehensive plan. It's a reference in the recently adopted city council goals and it's also a part of the five year consolidated plan. And what this does is not when we mention affordable housing, we have a specific definition that is compliant with state law or state guidance on this. So it's more of a check for us here, but it's finally going to be proposed to be added to the municipal code on the next slide, provisions for electric vehicle battery charging stations. So this is a development regulation that's required of all jurisdictions since 2009 that we must allow a battery charging stations in all areas except those owned for residential or resource use or critical areas. So that would be added is proposed to be added to the municipal code and also a brand new section for mineral land regulations, specifically terms and permitting processes. We did check with the Washington State Department of Natural Resources about a proposal. We didn't hear Page 156 of 227 any feedback or concerns for what we're proposing. So we propose it to keep that as is as is presented with the Planning Commission this evening and the comprehensive plan. Our current amendment process is pretty fairly I don't want to say nonexistent, but it's not as thorough as it needs to be. I think we all understand the complexities of a comprehensive plan itself. And while this will by no means require that amount of effort, it does require the city to justify land use amendments if they comply with the comprehensive plan policies that were adopted by council. So we also add definitions for type of land use a comprehensive plan amendment. There is an element which, for instance, the city is currently updating its comprehensive sewer plan. If that plan addendum would be adopted this year, we would likely apply in 2021 I'm sorry, 2022 for a comprehensive plan amendment to adopt the sewer plan or the transportation system master plan that is being worked on today and also the emergency amendment process, which isn't likely used too often throughout the state of Washington. And specifically it's that all applications are reviewed concurrently versus separately. The comprehensive plan required an environmental impact statement that requires the city to identify any potential challenges, environmental concerns and mitigation aspects of the land use change. So while this won't require SEPA, it does require the city to be thorough with land use amendments. And if they comply with the comprehensive plan, then they would go through the process. And on the next slide, there's a graphic of what that actually looks like. This is a process that is done in a variety of cities in the state of Washington. So a pre application meeting is required. So if somebody or an applicant wants to propose a land use amendment from industrial to another or from commercial to another, a meeting with the cities require where they submit an application. They're added to a docket which is presented to the Planning Commission. The Planning Commission reviews. It is forwarded to council for sort of a high level review of what's being proposed for the comprehensive plan. And that's sent back to the Planning Commission for more analysis and then back to the city council for a final decision. And then with any comprehensive plan, amendment is subject to appeal to the Growth Management Hearings Board. So the graphic certainly seems like there's a significant added process and there is a part of that that would be added. And I believe that's the last slide or the timeline. So here we are today. The CPA and environmental determination was issued on February 4th. A determination of not significance was issued. We've already started the comment period with the Department of Commerce, where that's where you saw in the comment matrix. The comments from the various agencies staff is recommending the closure of the public, hearing an adoption or recommendation to city council to the proposal before you today, where we intend to take it in March and April to the city council. Then again, notifying the Department of Commerce about our critical area ordinance update and department regulation, ordinance compliance. Commissioner Myhrum stated I just want to thank staff for engaging in this process, making sure the city's rules are compliant with state regulations is a big task, but it's an important one in regards to critical areas ordinance. Does that impact the critical areas. Map itself. And so when those definitions get updated, does the map then get updated. And are there any parts of the city that have been impacted that, you know, they weren't critical before this, but now they are. Have you seen anything like that through this process. Jacob Gonzalez stated no In fact, that actually was a question that came up this morning with the Department of Fish and Wildlife and other critical areas. Map that was adopted with the comprehensive plan is not there is no change that is anticipated for that. It, to my knowledge, is mostly updating our existing critical areas ordinance to have the necessary language. The states made numerous changes to how they make categories to wetland buffers and a few other portions of the critical areas ordinance and are simply just was Page 157 of 227 not up to date. Commissioner Myhrum so there are no proposed developments that have been impacted or set back or changed or needed to modify because of any updates to definitions. Jacob Gonzalez stated no. Commissioner Bowers stated everything that is included right now in the CAO and these other development regulations, these are things which haven’t been a part of all of our current compliance. Jacob Gonzalez stated the ordinance amendment today for both the CAO and development regulations would all be there, all new, but it is to ensure consistency with the views of the state of Washington. Commissioner Bowers stated and then the slide, I think it was the slide before here, which had the flow chart of sorts. So I noticed were the planning commission is listed twice. Does that mean we will be seeing these things on two separate occasions. Jacob Gonzalez stated You will. There's sort of the if in the staff report and in the ordinance itself, there's the wording states that six days prior to meeting, first we open up the application window for comprehensive plan land use amendments. We open it up for 30 days is what's stated. And then we take to the planning commission to share what's been proposed. The Planning Commission takes a high level look at it, recommends them to be forwarded to city council for additional review, and then it's kicked back to staff for the real review process and back up to planning commission and council. So it's not as I would say, it's not as much of a effort as the periodic update of the comprehensive plan or the know, the eight year cycle, but it does require some work for us and that's a good thing. It's to ensure that when we do proposed changes to the comprehensive plan, that they are compliant with the goals and policies that council and the public have stated are in the best interests of the city of Pasco. So it is more of a check and compliance issue with this itself. Commissioner Cochran stated I had one question about so it looks like there are four new inserts into the regulations and there is the affordable housing, the mineral and the transportation financing electric vehicle. Are those new changes or new initiatives being pretty much 100% driven by the state requirements. Or are we adding some of our own local input into those. Are they just pretty much the states that you have to have is in there. Jacob Gonzalez stated so putting it in short, the answer is yes. The electric vehicle battery charge stations. There is some model language because it was many jurisdictions have very similar language on the electric battery charging stations, the affordable housing. There is some variations across the state, some jurisdictions, to have more thorough clarity about low to moderate income. And it breaks down affordable housing, extreme affordable housing. But it would specific to that definition itself, as I mentioned in the last item, the city is developing a scope for housing needs assessment or housing action plan, which is likely it won't change this definition, but may add to it. And so rather than get ahead of ourselves, the intent with the affordable housing definition was to provide a definition that is compliant with state law and then leave it general enough, which you think we've done today, that we can come back after the housing action assessment of the housing action plan is completed and adopted to refine it or add as necessary. But right now we simply don't have a definition in the past municipal code for affordable housing. But so the statement we've got is pretty general. The addition of how is a statewide significance to concurrency in other jurisdictions that's updated a comprehensive plan over the past. I would say decade is probably have required to add that. So we're catching up to that. And similar with the mineral land regulations, we actually didn't have that in our code. And the likelihood of us permitting development in the mineral resource lands is extremely low. But now we have a permitting process in case we do get one. ❖ Commissioner Cochran state I move to close the public hearing on the proposed code amendment 2021-001 and recommend to the City Council the adoption of the proposed code amendment for critical areas, ordinance and development regulations as contained in the Page 158 of 227 February 18, 2021 Planning Commission staff report. Commissioner Campos seconded the motion and the motion carried. Page 159 of 227 From:Torrey, Elizabeth M (DFW) To:Jacob Gonzalez Cc:Ritter, Michael W (DFW); "foneza@onezaassociates.com"; "Benjamin Floyd"; Rick White Subject:RE: WDFW Comments on CAO Update Date:Monday, March 15, 2021 4:31:26 PM External Email Warning! This email has originated from outside of the City of Pasco. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jacob, Thanks for providing these additional details specific to the City of Pasco. I would like to state that WDFW’s recommendations are somewhat standardized in regards to the new Riparian Guidelines, which is what to your two questions/clarifications referred to in the 3/2/21 email below. As such, I would like to state that since that Pasco does not have Channel Migration Zones within your city limits, I would concur that keeping references to the OHWL is appropriate for your draft ordinance. Secondly, I would like to explain that the City of Pasco falls under what WDFW calls the “Dryland Ecosystem” classification, the recommendation for which are Riparian Management Zones (aka “buffers”) which are sized such that water quality is protected, and pollutants are removed, rather than being based on site-potential tree height. In your email, I see that the City of Pasco sizes their RMZs for pollutant removal; this is in line with WDFW’s management recommendations. I hope this helps as you move forward moving your draft ordinance over the finish line. Please let me know if there are any other clarifications that would be of help to the City of Pasco. Best, Elizabeth Elizabeth Torrey Assistant Habitat Program Manager, Region 3 Washington Department of Fish & Wildlife Phone: 509-607-6711 From: Jacob Gonzalez <gonzalezjb@pasco-wa.gov> Sent: Tuesday, March 2, 2021 11:36 AM To: Torrey, Elizabeth M (DFW) <Elizabeth.Torrey@dfw.wa.gov> Cc: Ritter, Michael W (DFW) <Michael.Ritter@dfw.wa.gov>; 'foneza@onezaassociates.com' <foneza@onezaassociates.com>; 'Benjamin Floyd' <ben@whitebluffsconsulting.com>; Rick White <WHITER@pasco-wa.gov> Page 160 of 227 Subject: RE: WDFW Comments on CAO Update External Email Elizabeth, The City appreciates your comments on our the Draft CAO Update (Planview #2021-S-2346). We do want to indicate that there are no Channel Migration Zones within the waterbodies or adjacent to the Pasco Urban Growth Area. The Columbia and Snake Rivers are both pooled reservoirs, and there are no streams running through the City. There are controlled irrigation drainages that have water, but again these are controlled to remain within the established channels and will not migrate. As such, the City does not believe the CMZ (definitions and references) apply, and will keep the OHWM references as indicated in the draft. Additionally, the riparian areas within the Pasco City Limits are populated with Russian Olive, willows, elm and cottonwood, and buffers were established considering this and that the primary water quality protections as drivers for determining widths. These are all covered in the Pasco Shoreline Master Program. The CAO protects vegetations along the drainage topo lows. Considering the information above, would can you please revise your comments on the Draft CAO and send them to me? Thank you. Jacob B. Gonzalez | Senior Planner Department of Community & Economic Development 525 N. 3rd Avenue | Pasco, WA 99301 (509) 545-3441|gonzalezjb@pasco-wa.gov This email and your response are considered a public record and will be subject to disclosure under Washington’s Public Records Act. From: Torrey, Elizabeth M (DFW) <Elizabeth.Torrey@dfw.wa.gov> Sent: Friday, February 26, 2021 3:50 PM Page 161 of 227 To: Jacob Gonzalez <gonzalezjb@pasco-wa.gov> Cc: Ritter, Michael W (DFW) <Michael.Ritter@dfw.wa.gov>; COM GMU Review Team <reviewteam@commerce.wa.gov> Subject: WDFW Comments on CAO Update External Email Warning! This email has originated from outside of the City of Pasco. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, Attached are WDFW’s comments on the City of Pasco’s proposed CAO update (Planview # 2021-S- 2346). I did notice that you accommodated Mike Ritter’s original suggestions in this draft; thank you! If you have any questions about the contents of this letter, I would be happy to talk further. Best, Elizabeth Torrey Assistant Habitat Program Manager, Region 3 Washington Department of Fish & Wildlife Phone: 509-607-6711 Page 162 of 227 CA2021-002 –CAO & Development Regs Periodic / Compliance Update •Critical Areas Ordinance •Wetlands •Critical Aquifer Recharge Areas •Frequently Flooded Areas •Geologically Hazardous Areas •Fish & Wildlife Habitat Conservation Areas •Designating & Protecting Waters of the State •Anadromous Fisheries •Agricultural Activities •Development Regulations •Definitions: •Affordable Housing •Mineral Lands •Provisions for Manufactured Housing •Electrical Vehicle battery charging stations •Comprehensive Plan Amendment/Docketing & Emergency Amendment ProcessPage 163 of 227 Critical Areas Ordinance: Summary •Most of the regulations already exist in the current version of the Pasco Shoreline Master Program (SMP) (PMC Title 29) •Wetland buffers and Critical Aquifer Recharge Areas (CARAs) align with SMP •Update refines and clarifies the CAO to align with state updates/requirements •Comments: •WA Department of Health •WA Department of Ecology •WA Department of Fish & Wildlife CA2021-002 –CAO & Development Regs Page 164 of 227 Development Regulations: Summary •New Additions •Affordable Housing •Mineral Land Regulations •Electric Vehicle Battery Charging Stations •Concurrency •Highways of Statewide Significance now exempt (complies with RCW 36.70A.060(6)) •Comprehensive Plan Annual Docketing/Amendment & Emergency Amendment procedures CA2021-002 –CAO & Development Regs Page 165 of 227 Development Regulations: Summary •Affordable Housing •Affordable housing programs enacted or expanded under RCW 36.70A.540(2006) comply with the requirements of this section. Examples of such programs may include density bonuses within urban growth areas, height and bulk bonuses, fee waivers or exemptions, parking reductions, expedited permitting conditioned on provision of low-income housing units, or mixed-use projects. WAC 365-196-300 •The City references Affordable Housing in various documents and planning efforts: •2018-2038 Comprehensive Plan •City Council Goals •5yr Consolidated Plan (Tri-Cities HOME Consortium) CA2021-002 –CAO & Development Regs Page 166 of 227 Development Regulations: Summary •Electric Vehicle Battery Charging Stations ◦Development regulations of all jurisdictions must allow electric vehicle battery charging stations in all areas except those zoned for residential or resource use, or critical areas by July 1, 2011. RCW 36.70A.695, New in 2009 ◦Mineral Land Regulations ◦Added definitions and guidelines for permitting ◦Complies with SMP, CAO and Washington State GMA CA2021-002 –CAO & Development Regs Page 167 of 227 Development Regulations: Summary •Comprehensive Plan Annual Docketing/Amendment & Emergency Amendment •Application “window” opens 60 days prior to May 1st of each year •Specific Amendment Types defined: •Annual •Element •Emergency •All applications are reviewed concurrently •City presents applications to the Planning Commission for review/recommendation to Council •Council selects applications and are scheduled for a Planning Commission Public Hearing •City Council makes final determination CA2021-002 –CAO & Development Regs Page 168 of 227 Comprehensive Plan Amendment Process CA2021-002 –CAO & Development Regs Pre-Application Meeting Submit Application Added to Docket Planning Commission Review City Council Acceptance Staff Review & Processing Planning CommissionCity Council 21 Day Appeal Period to Growth Management Hearings BoardPage 169 of 227 Timeline Planning Commission –Workshop January 21, 2021 SEPA / Environmental Determination DNS (Issued Feb 4, 2021) Planning Commission –Public Hearing February 18, 2021 Submit to Commerce (Expedited Review)February 19, 2021 City Council –Workshop April 12, 20201 City Council –Recommendation April 19, 2021 Notice to the Dept of Commerce April 2021 *All items pending review by the Pasco Planning Commission, City Council and Public CA2021-002 –CAO & Development Regs Page 170 of 227 AGENDA REPORT FOR: City Council March 26, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 4/12/21 FROM: Steve Worley, Director Public Works SUBJECT: Resolution - Agreement with HDR for Construction Management Services for WWTP Improvements Phase 1 Project I. REFERENCE(S): Resolution Professional Services Agreement (PSA) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Construction Management PSA Total: $1,489,148.96 Funding Sources for this project: • Low Interest loan from Dept. of Ecology (secured) • 2017 Revenue Bond (secured) Total Estimated Project Cost: $27 million (Expended Cost:$2.3M Cost+2021 - 2022 Authorized:$19.9M+2023-2024:$4.8M) IV. HISTORY AND FACTS BRIEF: This project consists of improvements and modifications to the City's existing Municipal the includes which Wastewater Plant Treatment (WWTP) construction of new primary effluent structures and piping , two new aeration basins, alterations to two existing aeration basins, blower building expansion, addition of two new blowers, modifications to two existing blowers, RAS pump system flowmeter distribution improvements, a new effluent facility, approximately 1,150 feet of new 42-inch diameter outfall piping, new primary power switchgear, associated electrical and control systems, associated site work and yard piping, and other appurtenances. The project also include Page 171 of 227 demolition of the existing trickling filter and other select unnecessary items. V. DISCUSSION: Staff recently went through a qualifications based selection process for construction management services for this project. On February 16, 2021, at 2pm, were services these for Qualifications of Statements two (SOQ’s) received. A selection panel reviewed and scored the responses from both firms, and subsequently interviewed both firms. The panel determined the most highly qualified firm to be HDR A fair and reasonable scope of work was negotiated with HDR. Accordingly, staff reviewed the attached Professional Services Agreement Construction (PSA) for HDR Engineering, Inc. to provide Management Services in the amount of $1,489,148.96. Staff recommends Council approval. Page 172 of 227 Resolution – PSA with HDR Engineering Inc. WWTP Improvements Phase 1 – Construction Management Services Resolution - 1 RESOLUTION NO. _____ A RESOLUTION AUTHORIZING EXECUTION OF THE PROFESSIONAL SERVICES AGREEMENT (PSA) BY THE CITY MANAGER WITH HDR ENGINEERING, INC. FOR THE WASTEWATER TREATMENT PLANT (WWTP) IMPROVEMENTS PHASE 1 PROJECT WHEREAS, the City of Pasco, Washington requires professional services from an engineering firm for the purpose of construction management services for the Phase 1 Improvements construction at the City’s WWTP plant; and WHEREAS, the City of Pasco has published an announcement of its Request for Qualifications (RFQ) related to its general need for professional services of construction management services as required by RCW 39.80.030; and WHEREAS, after a staff panel for the City of Pasco reviewed and scored responses from two (2) firms and subsequently interviewed both firms, it determined the most highly qualified firm to be HDR Engineering, Inc. pursuant to RCW 39.80.040; and WHEREAS, the City of Pasco, pursuant to RCW 39.80.050(1), has negotiated a fair and reasonable contract with HDR Engineering, Inc. based on the estimated value of the services including their scope, complexity, and professional nature; and WHEREAS, the City of Pasco hereby finds that HDR Engineering, Inc. is the most highly qualified firm to perform the necessary construction management services related to the WWTP Improvements Phase 1 Project, and the negotiated contract is both fair and reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Hereby authorizes the City Manager for the City of Pasco to execute the Professional Services Agreement attached as Exhibit A, and incorporated by reference herein; and Be It Further Resolved that this Resolution shall be in full force and effect upon adoption. Page 173 of 227 Resolution – PSA with HDR Engineering Inc. WWTP Improvements Phase 1 – Construction Management Services Resolution - 2 PASSED BY the City Council of the City of Pasco, Washington this _____ day of April 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 174 of 227 Professional Services Agreement – HDR Engineering, Inc. Agreement No. 21-024 WWTP Improvements Phase 1 – Construction Management Services Page 1 of 9 PROFESSIONAL SERVICES AGREEMENT WWTP Improvements Phase 1 – Construction Management Services Agreement No. 21-024 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as “City”, and HDR Engineering, Inc., hereinafter referred to as “Consultant,” on the _______ day of _________________, 2021. RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scope of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant’s Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the “Project”). 2. Term. This Project shall begin on the execution date listed above and promptly be completed by 12/31/2024. 3. Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is Page 175 of 227 Professional Services Agreement – HDR Engineering, Inc. Agreement No. 21-024 WWTP Improvements Phase 1 – Construction Management Services Page 2 of 9 issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. ☒ Hourly (Multiple Rate): Such rates as identified within Exhibit A, plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $1,489,148.96 without the prior written authorization by the City. 4. Reports and Inspections. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant’s activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant’s activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement, and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. Page 176 of 227 Professional Services Agreement – HDR Engineering, Inc. Agreement No. 21-024 WWTP Improvements Phase 1 – Construction Management Services Page 3 of 9 5. Ownership and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as “work product,” shall be deemed as the exclusive property of the City, including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any p rior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as “confidential,” “proprietary,” or a “trade secret” shall be conspicuously designated as such. 5.2 In the event of Consultant’s default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination, shall become the property of the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW “Public Records Act.” All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, Page 177 of 227 Professional Services Agreement – HDR Engineering, Inc. Agreement No. 21-024 WWTP Improvements Phase 1 – Construction Management Services Page 4 of 9 provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. 7. Independent Contractor Relationship. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City’s general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Consultant shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. 7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City’s sole discretion, may be detrimental to the City’s interest. 8. Indemnification. 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 8.2 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out Page 178 of 227 Professional Services Agreement – HDR Engineering, Inc. Agreement No. 21-024 WWTP Improvements Phase 1 – Construction Management Services Page 5 of 9 of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, officials, employees, and volunteers, the Consultant’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8.3 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.4 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant’s delayed or failed performance of Section 6 above. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors. The Consultant’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and coverage described below: 9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 9.1.2 Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 9.1.3 Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the Consultant’s profession. 9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: Page 179 of 227 Professional Services Agreement – HDR Engineering, Inc. Agreement No. 21-024 WWTP Improvements Phase 1 – Construction Management Services Page 6 of 9 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: ☒ $2,000,000 each occurrence; and ☒ $2,000,000 general aggregate; 9.2.3 Professional Liability insurance shall be written with limits no less than: ☒ $2,000,000 per claim; and ☒ $2,000,000 policy aggregate limit; 9.3 Other Insurance Provision. The Consultant’s Automobile Liability, Professional Liability, and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 9.3.1 The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 9.5 Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 9.6 Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice. 9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. Page 180 of 227 Professional Services Agreement – HDR Engineering, Inc. Agreement No. 21-024 WWTP Improvements Phase 1 – Construction Management Services Page 7 of 9 9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days notice to the Consultant to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assignment and Subcontracting. 12.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. Page 181 of 227 Professional Services Agreement – HDR Engineering, Inc. Agreement No. 21-024 WWTP Improvements Phase 1 – Construction Management Services Page 8 of 9 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. 14.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators; or 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City: Steve M. Worley, P.E., or his/her designee Public Works Director 525 North 3rd PO Box 293 Pasco WA 99301 WorleyS@pasco-wa.gov (e-mail address) 14.3.2 For the Consultant: Todd Jensen, or his/her designee Project Manager 2805 St. Andrews Loop, Suite A Pasco, WA 99301 Todd.Jensen@hdrinc.com (e-mail address) 15. Dispute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party Page 182 of 227 Professional Services Agreement – HDR Engineering, Inc. Agreement No. 21-024 WWTP Improvements Phase 1 – Construction Management Services Page 9 of 9 hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other similar event or other provision of this Agreement. 17. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 18. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO, WASHINGTON CONSULTANT Dave Zabell – City Manager Paul Ferrier, Vice President ATTEST: Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney Page 183 of 227 2805 St Andrews Loop Suite A Pasco, WA 99301 (509) 546-2040 City of Pasco Wastewater Treatment Plant Improvements Construction Management Services April 2021 EXHIBIT A Page 184 of 227 This page intentionally left blank. Page 185 of 227 Pasco WWTP Improvements Phase 1 i Scope of Services Table of Contents Scope of Services ......................................................................................................... 1  Background ......................................................................................................................... 1  Task 100 Coordination and Project Management ....................................................................... 1  Objective: ............................................................................................................................ 1  HDR Services: ..................................................................................................................... 1  Client Responsibilities: ........................................................................................................ 2  Assumptions: ....................................................................................................................... 2  Deliverables: ....................................................................................................................... 2  Task 200 Construction Management and Administration Services ......................................... 2  Objective: ............................................................................................................................ 2  HDR Services: ..................................................................................................................... 2  Client Responsibilities: ........................................................................................................ 3  Assumptions: ....................................................................................................................... 4  Deliverables: ....................................................................................................................... 6  Task 300 Field Services ................................................................................................................. 7  Objective: ............................................................................................................................ 7  HDR Services: ..................................................................................................................... 7  Client Responsibilities: ........................................................................................................ 8  Assumptions: ....................................................................................................................... 8  Deliverables: ....................................................................................................................... 9  Task 400 SRF Funding Progress Reporting .............................................................................. 10  Objective: .......................................................................................................................... 10  HDR Services: ................................................................................................................... 10  Client Responsibilities: ...................................................................................................... 10  Assumptions: ..................................................................................................................... 10  Deliverables: ..................................................................................................................... 10  Task 500 Start-up and Training Support .................................................................................... 10  Objective: .......................................................................................................................... 10  HDR Services: ................................................................................................................... 10  Client Responsibilities: ...................................................................................................... 11  Assumptions: ..................................................................................................................... 11  Deliverables: ..................................................................................................................... 11  Task 600 Materials Testing and Special Inspection Services ................................................. 11  Objective: .......................................................................................................................... 11  Assumptions: ..................................................................................................................... 12  Deliverables: ..................................................................................................................... 12  Task 700 Construction Close-Out .............................................................................................. 12  HDR Services: ................................................................................................................... 12  Assumptions: ..................................................................................................................... 13  Deliverables: ..................................................................................................................... 14  Task 800 Additional Unanticipated, Urgent, or Special Services ........................................... 14  HDR Services: ................................................................................................................... 14  Page 186 of 227 Pasco WWTP Improvements Phase 1 ii Scope of Services Assumptions: ..................................................................................................................... 14  Deliverables: ..................................................................................................................... 14  Schedule ...................................................................................................................... 14  Compensation ............................................................................................................. 14  Page 187 of 227 Pasco WWTP Improvements Phase 1 1 Scope of Services Scope of Services Background The City of Pasco has designed proposed Phase 1 improvements to their Wastewater Treatment Plant (WWTP) in accordance with Department of Ecology design manual (“Orange Book”). Design documents for the project received approval from Ecology on December 15, 2020. The 5.4 million gallon per day WWTP is located on 27.5 acres in the southeast region of the City and provides physical and biological treatment of the collected incoming wastewater prior to discharge of disinfected water to the Columbia River. Original construction of the facility was in 1954 and was subsequently upgraded in the 1970s, 1990s, 2000s and 2010s. Improvements and modifications currently designed to the WWTP include construction of new primary effluent structures and piping, two new aeration basins, alterations to two existing aeration basins, a blower building expansion, addition of two new blowers, modifications to two existing blowers, RAS pump station distribution improvements, a new effluent flowmeter facility, approximately 1,150 feet of new 42- inch diameter outfall piping, new primary power switchgear, associated electrical and control systems, associated site work and yard piping, and other appurtenances as necessary to complete the project. WWTP improvements also include the demolition of the existing trickling filter and selected items. Expected construction duration for the project is anticipated as 26 months. Task 100 Coordination and Project Management Objective: The purpose of this task is to monitor, control and adjust scope, schedule, and budget as well as provide monthly status reporting, accounting, and invoicing for Contract Administration and Construction Observation for the project. This includes coordination with the City, Design Engineer, Implementation Programmer, and Materials Testing consultants hired by the City. HDR Services: 1. Coordinate and manage the HDR project team. 2. Coordination with City (CIP Group and Operations Staff), Design Engineer, Implementation Programmer, and Materials Testing consultant hired by the City. 3. Prepare a Construction Management Plan to clearly communicate objectives, scopes, budgets, schedule, contact information, roles and responsibilities, construction quality assurance, communications protocols, health and safety requirements for field work, and guidelines to project team members. 4. Prepare and provide monthly invoices formatted in accordance with contract terms. Monthly invoice to include a progress report describing services completed during the month, services planned for the next month, needs for additional information, scope/schedule/budget status, schedule update and financial status summary. 5. Conduct a Project Approach and Resource Review (PARR) to review the project, team, and resources needed for the project with senior management. 6. Project Manager will participate in a weekly one half-hour project management meeting (WebEx or by telephone depending on attendees) with the City’s Project Manager to review project status, scope, schedule, and budget. Page 188 of 227 Pasco WWTP Improvements Phase 1 2 Scope of Services 7.Prepare and provide a weekly progress report to include planned work scheduled for the week, scheduled shut-downs, and potential schedule and or vendor delays. Client Responsibilities: 1.Participate in project management meetings. 2.Timely processing and payment of invoices. 3.Review and process contract change requests and amendments, if needed. Assumptions: 1.The project duration for Construction Administration and Construction Observation services will be 28 months from Notice to Proceed. The last two months are following Contractor’s Final Completion. 2.Weekly project management meetings will be conducted with the Consultant and the City project manager and will last 0.5 hours. 3.Up to 28 monthly invoices and progress reports will be prepared. 4.Invoices will be HDR standard invoice format. Deliverables: 1.Construction Management Plan (PDF file). 2.Monthly invoice and progress report (e-mailed PDF). 3.Weekly progress report (e-mailed PDF). 4.Project management meeting agenda and notes (e-mailed draft native and final PDF). Task 200 Construction Management and Administration Services Objective: The Consultant will furnish a Project Manager and field staff to administer the construction contract and observe construction of the project. The Consultant will administer the contract in accordance with the terms and conditions of the Construction Contract. The project contract includes EJCDC General Conditions. HDR Services: 1.Schedule of Values Review: Review Contractor’s Schedule of Values (cost breakdown) by comparison to Engineer’s Opinion of Probable Construction Cost to establish a reasonably balanced distribution of costs to the various elements of the total construction to serve as a basis for progress payments and determination of cost impact of changes. 2.Contractor’s Baseline Schedule and Updates Review: Review Contractor’s Baseline Schedule in accordance with Contract Documents. Review Contractor’s monthly schedule updates in accordance with Contract Documents. Provide comments to Contractor through the Shop Drawing process. 3.Submittals: Coordinate the review by the Design Engineer of shop drawings, operations and maintenance manuals, diagrams, illustrations, catalog data, schedules and samples, the results of tests and inspections, and other data which the Contractor is required to submit. These shall be reviewed for conformance to the design intent of the Project and for compliance with the information given in the Contract Documents. Page 189 of 227 Pasco WWTP Improvements Phase 1 3 Scope of Services 4. Request for Information (RFI): Provide responses to questions by the Contractor on the drawings, specifications, or other Contract documents that do not involve design intent. If RFI requires interpretation of design intent, Consultant shall coordinate review and response of RFI with the Design Engineer. 5. Contractor’s Application for Payment Review and Processing: Review draft application for payment in comparison to progress of the work. Make notations of deficient work not recommended for payment until corrected; deletion of payment for stored materials and/or equipment which do not have approved shop drawings and/or proper invoices; reduction of value for partially completed items claimed as complete. Execute completed applications for payment indicating appropriate retainage and amount recommended for payment and transmit to City for processing of payment. 6. Certified Payroll and Prevailing Wage Intents and Affidavits: Review Contractor certified payroll reports and verify prevailing wage intents and affidavits. 7. Field Orders: Provide coordination and review to identify the need for minor changes in the Work consistent with the design intent which do not require a change in Contract Time or Contract Price. 8. Change Proposal Requests: Provide coordination and review to identify the need for changes to Work consistent with the design intent which require changes in Contract Price and/or Contract Time. 9. Work Change Directives: Provide a directive to Contractor when fair and reasonable pricing for a change item cannot be negotiated or when a change item is critical to the project schedule. 10. Change Orders: Coordinate the combining of change documentation into Change Orders for execution by Contractor and City. Contract Administration and Document Management 1. Pre-Construction Conference: Prepare, document and conduct a Pre-Construction Conference with the City, City consultants and the Contractor. The purpose of this Conference is to establish a working understanding among parties as to the Work, discuss the construction schedule and activities, discuss the schedule of submittals, discuss the schedule of values, discuss procedures for handling shop drawings and other submittals, discuss procedures for processing applications for payment, discuss requirements for maintaining records, discuss impacts to existing utilities, establish dates for substantial and final completion, and discuss other requirements of the Contract Documents. 2. Document Management System: Maintain an internal electronic Document Management System (DMS) for receiving, logging and tracking project electronic files. Electronic files to be included are field reports of project activities, digital photographs, summary notes of meetings and conferences, material testing logs, action item log, work deficiency checklists, contractor payment certifications, submittals, RFIs, schedules, Field Orders, Change Proposal Requests, Work Change Directives, Change Orders, and correspondence between the Consultant, City, City consultants, Contractor, utility companies/agencies, and other parties. Client Responsibilities: 1. City Project Manager and/or City representatives, as designated, will attend site visits, conferences, meetings, field observations, etc. as needed or as desired to assure City project objectives are achieved. 2. City will provide Operations staff input and coordination to the Contractor for configuration of the system controls, and system control integration into the City’s overall operations command system. It is assumed that City Operations staff will attend programming implementation meetings. Page 190 of 227 Pasco WWTP Improvements Phase 1 4 Scope of Services Assumptions: 1. Contractor’s Baseline Schedule and Updates Review a. Following the initial Baseline Schedule, the Contractor will submit monthly schedule updates. b. Up to twenty six (26) project schedule updates will be reviewed by Consultant. c. For the purposes of estimating, it is assumed that each schedule update review will take two (2) hours of Consultant team member time to review and process. 2. Submittals a. Contractor will prepare a listing of submittals and dates of expected submittal, coordinated with supply contract schedules to allow adequate time for review, resubmittal, and review to meet the construction schedule. b. Consultant will receive, track, transmit, and coordinate submittal review to be performed by Design Engineer and transmit submittal response back to Contractor. c. It is assumed the consultant will process up to 100 initial submittal reviews with up to 40 additional resubmittals with an average of 1 hour per submittal. 3. Request for Information a. Consultant’s review of RFIs regarding the design will be advisory and complementary to the design intent. b. The fee for this sub-task is based upon receiving and responding up to 100 RFIs that do not involve design intent and up to 100 RFIs that do involve design intent. c. Actual review and response time may vary depending upon clarity and complexity of the RFI. It is estimated that, on average, it will take two (2) hours of Consultant team member time to review and respond to each RFI not involving design intent and one (1) hour of Consultant team member time to review and respond to each RFI involving design intent. Design Engineer will provide design drawings or sketches if needed for RFI response. 4. Contractor’s Application for Payment Review a. The draft and final payment application requests will be submitted by Contractor each month on days agreed upon to meet City’s processing schedule requirements. b. Consultant’s recommendations for payment can be modified until final payment is approved and authorized by City. c. Up to twenty six (26) payment applications will be reviewed by Consultant. d. For the purposes of estimating, it is assumed that each payment application will take two (2) hours of Consultant team member time to review and process. 5. Certified Payroll and Prevailing Wage Intents and Affidavits a. Consultant will review Contractor’s intent to pay prevailing wages. b. Certified payroll reports will be submitted by Contractor monthly. c. Up to 26 certified payroll reviews will be conducted by Consultant. d. For the purposes of estimating, it is assumed that each monthly certified payroll report review will take two (2) hours of Consultant team member time to review. 6. Field Orders a. Field Orders may be generated from responses to RFIs, design changes, Contractor initiated changes, City initiated changes, or unanticipated conditions. b. The fee for this task is based upon preparing and processing up to ten (10) Field Orders. Page 191 of 227 Pasco WWTP Improvements Phase 1 5 Scope of Services c. Actual preparation and processing time may vary depending upon the complexity of the Field Order. It is estimated that, on average, it will take three (3) hours of Consultant team member time to prepare and process each Field Order. 7. Change Proposal Requests a. Negotiations between Consultant and Contractor are not binding until accepted by the City. b. The fee for this sub-task is based upon preparing, processing, and negotiating pricing of up to twenty (20) Change Proposal Requests. c. Actual preparation, processing, and negotiating time may vary depending upon the complexity of the Change Proposal Request. It is estimated that, on average, it will take eight (8) hours of Consultant team member time to prepare, process, review cost estimates, and negotiate pricing for each Change Proposal Request. 8. Work Change Directives a. The fee for this task is based upon preparing and processing up to twenty (20) Work Change Directives. b. Actual preparation, processing, and review time may vary depending upon the complexity of the Work Change Directive. On average, it is estimated that it will take six (6) hours of Consultant team member time to prepare, process, and review each Work Change Directive. 9. Change Orders a. City has the sole responsibility to authorize any changes to the construction contract. b. The fee for this task is based upon preparing and processing up to twenty seven (27) Change Orders – one (1) every other month through substantial completion and one (1) finalizing Change Order for each project. Actual preparation and processing response time may vary depending upon the complexity of the Change Order. It is estimated that, on average, it will take six (6) hours of Consultant team member time to prepare and process each Change Order. c. City will provide Consultant with copies of the fully executed Change Order after signed by City and Contractor. 10. Pre-Construction Conference a. Pre-Construction Conference will occur by WebEx or City conference facility. b. Up to (10) hard copies of the Pre-Construction Conference agenda will be furnished by the Consultant. c. We have budgeted 10 hours for a Consultant staff member time for preparation, attendance and meeting note preparation. 11. Document Management System a. Consultant will use Consultant’s Project Tracker and Bentley ProjectWise for the Document Management System. b. Consultant will not maintain a hard copy of documentation in addition to the Document Management System. c. It is estimated that, on average, it will take twelve (12) hours per week of Consultant team member time to maintain the Document Management System. 12. Additional or extended services will be provided under a separate negotiated contract amendment during construction if necessary due to circumstances beyond the control of the Consultant. Page 192 of 227 Pasco WWTP Improvements Phase 1 6 Scope of Services Deliverables: 1. Contractor’s Baseline Schedule and Updates Review a. Review comments on Baseline Schedule and Updates 2. Submittal Review a. Contractor’s approved Shop Drawing Submittal Schedule transmitted to City and Design Engineer members via e-mail in .pdf format. b. Assembled comment sheets in each submittal file in the DMS. c. Shop drawing responses transmitted to Contractor, Design Engineer and City via e-mail in .pdf format. 3. Request for Information a. Response supporting information filed in the DMS. b. RFI responses transmitted to Contractor, City, and Consultant’s team members via e-mail in .pdf format. 4. Contractor’s Application for Payment Review a. Consultant’s recommendation for payment of Contractor’s Payment Application Requests transmitted to City via e-mail in .pdf format with appropriate attachments, such as invoices for stored materials. 5. Field Orders a. Supporting information filed in the DMS. b. Field Orders transmitted to Contractor, City, and Consultant’s team members via e-mail in .pdf format. 6. Change Proposal Requests a. Change Proposal Request supporting information filed in the DMS. b. Change Proposal Requests transmitted to Contractor, Design Engineer and City via e-mail in .pdf format. c. Engineer’s Decision transmitted to Contractor, Design Engineer and City via e-mail in .pdf format. 7. Work Change Directives a. Work Change Directive supporting information filed in the DMS. b. Work Change Directives transmitted to Contractor, Design Engineer and City via e-mail in .pdf format. 8. Change Orders a. Change Order supporting information filed in the DMS. b. Change Order, including supporting information for each Change Order, transmitted to Contractor, Design Engineer and City via e-mail in .pdf format. 9. Pre-Construction Conference a. Draft Pre-Construction Conference agenda transmitted to City, City Consultants and Contractor via e-mail in .pdf format. b. Final Pre-Construction Conference agenda transmitted to City, City Consultants and Contractor via e-mail in .pdf format and hard copies delivered at conference. Page 193 of 227 Pasco WWTP Improvements Phase 1 7 Scope of Services c. Pre-Construction Conference notes transmitted to City, City Consultants and Contractor via e-mail in .pdf format and filed in the DMS. 10. Progress Meetings with City a. City Coordination Meeting agendas transmitted to City via e-mail in .pdf format. 11. Document Management System a. Filing system index transmitted to City and Design Engineer via e-mail in .pdf format, if requested. b. Tracking logs for shop drawing transmittals, Requests for Information, Field Orders, Change Proposal Requests, Change Orders, and work deficiency checklists transmitted to City and Contractor via e-mail in .pdf format. Task 300 Field Services Objective: Determine substantial conformance of the completed construction with the requirements of the Contract Documents through observation of the Work. HDR Services: This task includes services related to providing observation of field activities. Specific activities conducted by Consultant will include the following: Construction Observation and Administration 1. General Construction Observation: a. Observe, record, and report Contractor’s daily work progress to determine the Work observed is in general conformance with the requirements of the Contract Documents for work associated with the Project. b. Document activities observed making note of deficiencies and any issues requiring resolution. Maintain work deficiency log in the DMS. c. Create daily field reports defining specified work completed, Contractor work force figures, force account labor, equipment and materials tracking, progress made on the controlling activity established by the approved construction schedule, job site visitors, and weather conditions. d. Review approved shop drawings and apply them to the conducting of observations. e. Photograph construction to document progress or deficiencies, and log photos in the DMS. f. Conduct, or coordinate the conduct of, specified inspections and document results. 2. Notify Contractor when written verification from the Materials Testing City consultant representative has been obtained stating that acceptable subgrade preparation is provided for structures and is ready to receive concrete for foundations and structural slabs on grade. 3. Monitor the prequalification of soils and concrete materials, and coordinate in-place moisture and density testing and the sampling and testing of concrete (see Task 600). 4. Observe and document pressure testing of interior and exterior piping systems. 5. Review stored materials and/or equipment for quantity determination for Contractor payment and to verify that equipment and/or materials are adequately protected until installed. Consultant will notify Contractor if additional measures are required to protect the equipment. Page 194 of 227 Pasco WWTP Improvements Phase 1 8 Scope of Services 6. Develop and provide to Contractor an on-going list of items requiring correction to encourage correction of noted construction deficiencies, including: a. Monitor and document construction throughout the project duration and identify deficient items. b. Provide Contractor with an updated list of non-conforming items at construction progress meetings. c. As deficiencies are corrected, revise the list by indicating corrected status. d. Utilize the deficiencies list to aid in identifying appropriate retainage amounts near project completions. e. Issue Non-Conformance Reports for deficiencies not being acknowledged or addressed by Contractor with corrective measures or corrective action plans. 7. Review tagging of equipment to verify conformance with approved registers for equipment, valves, and other items designated to be tagged by the Contract Documents. 8. Assist and support the City and Contractor in coordinating with Port of Pasco, WSDOT, neighboring property owners and other project stakeholders. 9. Weekly Construction Meetings: Conduct weekly construction meetings with the Contractor’s representative(s) and City’s Representatives to assist in implementing the construction process. Prepare and send out an agenda before the meetings and summary notes after the meetings. Project Engineer and other design personnel will participate in the meetings by teleconference as necessary. Conduct an additional meeting following the Construction Meeting with HDR and the City Representatives. Client Responsibilities: 1. Arrange for (through its Contract with the Contractor) safe access to and make provisions for the Consultant to enter upon public and private property as required for the Consultant to perform services under the Agreement. 2. Attend initial construction conferences, design and construction progress and other job related meetings, and Substantial Completion and final payment inspections. 3. Provide Consultant with the findings and reports generated by the entities providing laboratory, inspection, or monitoring services other than those being provided by Consultant or included with Task 600. 4. Additional or extended services will be provided under a separate negotiated contract amendment during construction if necessary due to circumstances beyond the control of the Consultant. Assumptions: 1. Consultant’s observation of the work performed under the construction contract shall not relieve Contractor from responsibility for performing work in accordance with applicable contract documents. 2. Consultant shall not control or have charge of, and shall not be responsible for construction means, methods, techniques, sequences, procedures of construction, contractor health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. 3. The standard of care for Consultant’s services shall be the care and skill ordinarily used by members of Consultant’s profession practicing under the same or similar circumstances at the same time and in the same locality. 4. Observations will be performed in accordance with industry-recognized standard practices. Page 195 of 227 Pasco WWTP Improvements Phase 1 9 Scope of Services 5. Contractor is responsible for compliance with permit conditions; therefore, Consultant cannot ensure Contractor’s compliance with permit conditions. Consultant will only notify City of observed conditions and violations. 6. Monitoring removal and/or disposal of contaminated materials is not included. 7. The fee for construction observation is based upon field observation from a single Resident Project Representative (RPR) for twenty six (26) months at forty (40) hours per week. 8. Budget includes expenses for lodging, vehicle and travel. 9. Normal working hours for Consultant observation staff and Contractor will coincide with normal construction working hours: Monday through Friday, 7:00 am to 4:00 pm. 10. Should Contractor elect to perform work outside of normal working hours, on Saturday, Sunday, or legal holiday, Consultant will require that City authorize field observation services prior to Consultant starting observation. We have budgeted 80 hours for unanticipated work hours (e.g. unanticipated shut-downs and start-up activities.) 11. When full time observation is not required by contractor activities, Resident Project Representative (RPR) will assist with other activities such as shop drawing reviews, responses to RFIs, and review of change proposal pricing, when activities are within his capabilities and expertise. 12. We have budgeted forty (40) hours for two Consultant team members for project stakeholder assistance. 13. Weekly Construction Progress Meetings a. Weekly Construction Progress Meetings will occur at the Contractor’s or Consultant’s construction trailer at the project site and by WebEx; and will involve up to two (2) Consultant team members and the RPR, and each meeting will last up to one and half (1.5) hours each (One (1) hour for Construction Meeting and one half (.5) hour for follow-up meeting). One Consultant team member will attend by WebEx or phone. We have budgeted four (4) hours for each Weekly Construction Progress Meeting. b. Consultant will prepare an agenda for the first Construction Progress Meeting. Notes from the previous meeting will be used as the agenda for subsequent meetings updated with current issues or concerns. c. Construction Progress Meeting agendas will include current logs of outstanding shop drawing submittals, three-week look ahead schedule, requests for information responses and an updated action item list. Agendas will also include time for Contractor to summarize work completed since the last Progress Meeting, work projected for the following month and a list of outstanding action items separated into internal and external action items. d. Up to one hundred twelve (112) progress meetings are included for this task. Deliverables: 1. Daily Field Inspection Reports filed in the DMS. 2. Photographs filed in the DMS. 3. Weekly Construction Progress Meetings a. Construction Progress Meeting agenda transmitted to City and Contractor via e-mail in .pdf format to progress meetings and delivered at meetings. Outstanding action items for the Contractor will be included with the Construction Meeting agenda and for the Owner in the follow-up meeting. b. Construction Progress Meeting notes transmitted to City and Contractor via e-mail in .pdf format and filed in the DMS. Page 196 of 227 Pasco WWTP Improvements Phase 1 10 Scope of Services Task 400 SRF Funding Progress Reporting Objective: Assist the City with SRF Funding progress reporting HDR Services: This task includes services related to assisting the City with development of Progress Reports to be submitted with each SRF payment request. Progress Reports will contain a summary of project task accomplishments and a percent the project is complete, reasons for delays and cost overruns, and summary actions of significant developments that may occur between Progress Reports. A final Closeout Progress Report summary will also be developed. Client Responsibilities: 1. Provide Consultant with schedule of planned payment requests. Assumptions: 1. The budget of this task is based on Consultant providing up to eight (8) Progress Reports and one (1) final Closeout Progress Report at four (4) hours per Progress Report. Deliverables: 1. Progress Report via e-mail in .pdf format. Task 500 Start-up and Training Support Objective: Assess overall performance of equipment and systems installed as part of this project. HDR Services: This task includes services related to training operations staff and testing the process systems to verify intended operation. Specific activities conducted by Consultant will include the following: 1. Provide start-up coordination between City Operations Staff, Design Engineer, Implementation Programmer, and Contractor during start-up of new equipment. 2. Conduct start-up service for each project element or unit. Start-up means placing the equipment into operation for its intended purpose and using the intended process material. Start-up services will include the following activities: a. Review and approve equipment supplier training agendas and training material outlines as provided by Contractor. Using discretion based on experience with vendor training, enforce contract provisions for vendor training duration. b. Coordinate vendor training schedule with Contractor and plant staff for vendor training. c. Review Contractor’s Start-up Plan to include shutdown requirements, testing logs, manufacturer’s services, installation certifications, operator training, functional testing, clean water performance testing and operational testing. d. Schedule and conduct start-up review meetings between City Operations Staff, Design Engineer, Implementation Programmer, and Contractor e. Verify equipment is ready for functional, clean water performance and operational testing. Page 197 of 227 Pasco WWTP Improvements Phase 1 11 Scope of Services f. Verify the manufacturer’s field service forms have been completed for each piece of equipment. g. Verify pipe pressure tests and concrete water tightness tests have been conducted. h. Verify rotating equipment has been bumped to check for proper operation and rotation. i. Verify instrument calibration and loop testing is complete. j. Coordinate with City Operations Staff, Design Engineer, Implementation Programmer, and Contractor for process material to be introduced to the process in such a way that avoids or reduces the impact to the rest of the plant. 3. Monitor Manufacturer’s Field Services and training of City personnel required by the Contract Documents to be performed by the Contractor. 4. Observe Contractor’s clean water testing. The clean water test occurs prior to start-up and uses non-potable (where possible) and potable water to demonstrate the functionality of new equipment and controls. 5. Observe 7-Day Start-up Test. The 7-Day Start-up Test occurs following clean water testing to include the overall process system, or a portion thereof, that performs a specific function. Client Responsibilities: 1. Coordinate with Consultant the City staff schedules and availability for vendor training. Assumptions: 1. Implementation programming services will be procured by the City. HDR will lead coordination on implementation programming. 2. The budget for this task is based upon commissioning services from three (3) Consultant team members for a total of 80 hours and up to five (5) site visits for up to 8 hours each. Deliverables: 1. Reviewed equipment supplier training agendas, materials and schedules. 2. Reviewed Contractor Start-up Plan. 3. Completed Manufacturer’s Field Services, calibration and loop testing forms. 4. Completed clean water testing checkout forms. 5. Completed 7-Day Start-up Test checkout form. Task 600 Materials Testing and Special Inspection Services Objective: Coordinate special inspection and testing services required by the International Building Code (IBC), the project structural notes and City Building Department for designated structural components of construction. Services will be completed in accordance with ASTM International (ASTM) test methods and applicable sections contained in the American Concrete Institute (ACI) Manual of Concrete Practice, and American Welding Society (AWS) Structural Welding Code. HDR Team Materials Testing and Special Inspection Services: This task includes services related to geotechnical services for the project. Specific activities conducted by Consultant will include the following: Page 198 of 227 Pasco WWTP Improvements Phase 1 12 Scope of Services 1.Earthwork: Includes periodic observation during soil improvement, site preparation, in-place density testing of structural fill placed a building floor slab, foundation grade, hot-mix asphalt (HMA) pavements, and within utility trenches. 2.Reinforced Concrete: Includes mix design review; periodic reinforcing steel placement inspection; field testing for slump, unit weight, entrained air and temperature; preparing concrete test cylinders; and inspection during site-cast structural concrete placement for foundations, floor slabs, columns and walls. 3.Structural Steel Framing/Anchorages/High-Strength Bolts: Review and inspect structural steel materials; high-strength bolts; anchor bolts and threaded rods; weld filler material; welding procedures and welder qualifications; framing requirements; reviewing high-strength bolting materials and procedures; and periodic inspection of field-welded structural steel connectors. 4.Sample Retrieval and Laboratory Testing: Collect and transport samples of on-site and imported soil that will be used as structural fill, concrete samples obtained from the project site to laboratory in Spokane. Laboratory services will include compaction tests and gradation analyses of structural fill and curing and unconfined compression testing of concrete samples. HMA samples will be analyzed for theoretical Rice density, oil content, and gradation of extracted aggregate. Assumptions: 1.Materials Testing and Special Inspection Services firm will be procured by the City. Deliverables: 1.Summaries of daily reports, materials testing information, and special inspections generated by Materials Testing and Special Inspection Services firm. Task 700 Construction Close-Out Objective: Achieve an orderly, well-documented and complete close-out of the construction contract. HDR Services: This task includes services related to closing out the construction contract. Specific activities conducted by Consultant will include the following: Substantial Completion Inspections 1.Receive and review Contractor’s required substantial completion submittal, and determine if Project is ready for substantial completion inspection, including: a.Develop substantial completion submittal checklist. b.Verify submittal of required documents. c.Review Contractor’s punchlist and Consultant’s progressive list of incomplete and deficient items and determine if the substantial completion inspection is appropriate in accordance with Contract requirements. d.Schedule substantial completion inspection or notify Contractor that the Work has not progressed to point of substantial completion as defined by the Contract Documents. 2.Coordinate, conduct and document the substantial completion inspection and issuance of the Certificate of Substantial Completion including: a.Notify City and design team members of date of substantial completion inspection. Page 199 of 227 Pasco WWTP Improvements Phase 1 13 Scope of Services b.Prepare and distribute the punchlist format to the parties conducting the inspection. c.Conduct the substantial completion inspection. d.Compile the punchlist and identify the tentative date of substantial completion and prepare and issue tentative Certificate of Substantial Completion to City for review and concurrence. e.If there are multiple portions of the Work with different substantial completion dates, prepare a summary of the dates of expiration of the various Correction Periods. f.Upon concurrence of City, issue the definitive Certificate of Substantial Completion and punchlist setting the date of Substantial Completion. 3.Review progress of corrective action on punchlist items and periodically update and re-issue the punchlist and issuance of Certificate of Substantial Completion for the entire or designated portions of the Work. Final Completion Inspection 1.Receive and review Contractor’s required final completion submittal. 2.Coordinate and attend the final inspection meeting and physical walk-through of the Project, including: a.Schedule the final inspection date and notify Contractor, City and any Regulatory Agencies. b.Assemble final completion submittal documents, required by the General Conditions of the Contract Documents, for the final inspection meeting and review them with the various parties. c.Conduct, document and distribute the findings of the final inspection. 3.Collect close-out documents required by the Contract Documents and forward the documents along with Contractor’s Final Application and Certificate for Payment to City for processing by City. Record Drawings 1.Consultant will monitor the status of Contractor’s red-line record drawings every other week at the Construction Progress Meetings. 2.Consultant team members will document changes due field adjustments in record drawings as they occur. 3.Coordinate transmitting Consultant and Contractor red-lines to Design Engineer. Closeout Files and Documentation 1.Consultant will provide the City with a digital and single hard copy of files from Document Management System. Assumptions: 1.Substantial Completion Inspections and Final Completion Inspection will occur at the project site, will involve up to two (2) Consultant team members, and will last up to four (4) hours each. 2.Contractor will red-line a full size (24 IN x 36 IN) hard copy of the construction contract documents on a monthly basis to incorporate RFIs, Field Orders, Change Proposal Requests, submittal data, and changes based on records received from both Consultant, Design Engineer and City. Page 200 of 227 Pasco WWTP Improvements Phase 1 14 Scope of Services Deliverables: 1.Certificates of Substantial Completion and punchlist transmitted to City and Contractor via e-mail in .pdf format. 2.Certificate of Final Completion with Contractor’s Final Application and Certificate for Payment transmitted to City and Contractor via e-mail in .pdf format. 3.Consultant and Contractor hard copy red-lines. 4.A single hard and digital copy of project files from the Document Management System. Digital file will be delivered via flashdrive in .pdf format. Task 800 Additional Unanticipated, Urgent, or Special Services Objective: Allow for cost of unanticipated, but necessary additional Consultant services. HDR Services: 1.This task includes an allowance for unanticipated services. Specific activities conducted by Consultant will include the following: 2.Consultant will provide additional services which are unplanned, urgent and/or critical to maintaining the project schedule and progress of the work. 3.The services for this task must be specifically scoped, agreed to and authorized in writing by City prior to performing the work. 4.An allowance of $41,000 has been included for additional unanticipated, urgent or special services. Assumptions: 1.Assumptions will be developed for each specific authorization. 2.Additional unanticipated, urgent or special services provided by a sub-consultant and contracted through Consultant are allowed under this task with appropriate Consultant markup. Deliverables: 1.As defined in future work authorizations. Schedule The schedule for completing this scope of work is 28 months from Notice to Proceed. Compensation HDR’s total compensation for services provided pursuant to this agreement, including labor and overhead costs and expenses shall not exceed $1,489,148.96 without written authorization by the City. Page 201 of 227 Pasco WWTP Improvements Phase 1 15 Scope of Services Task Description Labor Hours HDR Labor HDR Expenses Subconsultant Labor Total Cost 100 Coordination and Project Management 712 $182,582.49 $45.00 $0.00 $182,627.49 Todd Jensen 547 Troy Gibbs 72 Mary Scalise 2 Erik Simmons 30 Matt Raclawski 61 200 Construction Management and Administrative Services 2526 $345,698.28 $2,995.00 $0.00 $348,693.28 Todd Jensen 207 Troy Gibbs 689 Mary Scalise 1440 Ryan Oberg 130 John Koch 20 Sarah Lingley 40 300 Field Services 5104 $776,940.95 $77,408.00 $0.00 $854,348.95 Todd Jensen 168 Troy Gibbs 280 Mike Soucie 4560 Ryan Oberg 26 400 SRF Funding Compliance and Reporting 36 $6,833.89 $45.00 $0.00 $6,878.89 Troy Gibbs 36 Page 202 of 227 Pasco WWTP Improvements Phase 1 16 Scope of Services 500 Start-up and Training Support 138 $30,285.29 $45.00 $0.00 $30,330.29 Todd Jensen 3 Troy Gibbs 8 Ryan Oberg 75 Ed Griffenberg 52 600 Materials Testing and Special Inspection Services 26 $4,935.59 $0.00 $0.00 $4,935.59 Troy Gibbs 26 700 Construction Close-out 96 $17,223.08 $675.00 $0.00 $17,898.08 Todd Jensen 8 Troy Gibbs 72 Mary Scalise 16 800 Additional Unanticipated, Urgent, or Special Services 0 $0.00 $39,805.83 $0.00 $39,805.83 3% Markup on Expenses $0.00 $3,630.56 $0.00 $3,630.56 Total 8326 $1,364,499.57 $124,649.39 $0.00 $1,489,148.96 Page 203 of 227 Pasco WWTP Improvements Phase 1 17 Scope of Services HDR 2021 Billing Rates Staff Name Position/Title Billing Rates Simmons Erik A Principal In-Charge $212.67 Jensen, Todd R Project Manager $274.92 Gibbs, Troy M Project Engineer $185.40 Soucie, Michael H Resident Project Representative $140.88 Scalise, Mary A Document Controls $79.56 Oberg, Ryan K Technical Advisor $204.57 Koch, John E Technical Advisor $281.61 Lingley, Sarah H Project Engineer (Backup) $154.71 Griffenberg, Ed C Operations Specialist $229.38 Raclawski, Matt R Project Controller $132.00 Rates provided are for 2021 and are subject actual escalation. Page 204 of 227 AGENDA REPORT FOR: City Council April 7, 2021 TO: Dave Zabell, City Manager City Council Workshop Meeting: 4/12/21 FROM: Richa Sigdel, Finance Director Finance SUBJECT: Ordinance - Northwest Sewer LID - Interim Financing I. REFERENCE(S): Draft Ordinance Draft Loan Note LID Formation Ordinance No. 4483 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: General Fund - $3,285,273 IV. HISTORY AND FACTS BRIEF: Council approved Ordinance No. 4483, establishing Local Improvement District (LID) No. 151, and ordering the carrying out of proposed construction of a new sanitary sewer trunk line and other sewer improvements at Broadmoor area on March 2, 2020. On December 7, 2020, Council awarded the bid to construct the project to Big D's Construction of Tri-Cities. The project requires interim funding for 1-2 years in form of bond anticipation notes (BAN) until the project is finalized and LID bonds are issued to fund the project costs. V. DISCUSSION: Interim funding in form of bond anticipation notes can be internally or externally secured. Local governments have limited options in the investment of reserves, and it is time-consuming to procure short-term funding. Furthermore, the City has ample reserves in its General Fund. Underwriter's recommendation on interest rates for this type of loan is 3.25%. By purchasing the BAN's for this Page 205 of 227 LID, General Fund will be able to receive a higher than the return of City receives from Local Government Investment Pools or U.S. Treasury Bond, around 0.3%-1.5%. Furthermore, LID will receive interim funding with low closing costs. Due to this mutually beneficial scenario, staff recommends approval of the purchase of BAN for Northwest Sewer LID (LID No. 151) by the City's General Fund until the project is completed and LID Bonds are issued. Page 206 of 227 -1- ORDINANCE NO. ________ AN ORDINANCE of the City of Pasco, Washington, relating to Local Improvement District No. 151; authorizing the issuance of a local improvement district bond anticipation note to provide interim financing necessary to pay costs of constructing the Northwest Area sewer trunk line, pending the issuance of local improvement district bonds authorized pursuant to Ordinance No. 4483; fixing the terms of the note; providing for the purchase of the note by the City from funds on deposit in the City’s General Fund; and providing for related matters. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN as follows: Section 1. Findings and Determinations. The City Council (the “Council”) of the City of Pasco, Washington (the “City”) takes note of the following facts and makes the following findings and determinations: (a) Pursuant to Ordinance No. 4483 passed on March 2, 2020, the Council created Local Improvement District No. 151 (“LID No. 151”) to finance the cost of designing and constructing the Northwest Area sanitary sewer trunk, approximately 12,000 linear feet of trunk sewer piping from Harris Road to one-quarter mile north of Burns Road, all as provided in Ordinance No. 4483 and the plans and specifications therefor prepared by the Capital Improvement Program Manager of the City, as may be modified by the Council consistent with the purposes of such improvements (the “Improvements”). (b) Pursuant to Ordinance No. 4483, the City determined the total estimated cost and expense of the Improvements to be $6,880,000, of which an estimated $5,770,000 is to be assessed against the properties within LID No. 151, and authorized local improvement district bonds (the “Bonds”) to be issued in exchange for and/or in redemption of the Local Improvement District No. 151 Bond Anticipation Note, 2021 (the “Note”) authorized by this ordinance. Page 207 of 227 -2- (c) The City has determined to issue the Note to provide interim financing of costs and expenses of the Improvements pending issuance of the Bonds, all pursuant to chapter 39.50 RCW. (d) RCW 39.59.040(1) provides that any local government in the state of Washington may invest in bonds (including notes) of any local government in the state of Washington. (e) The City desires to obtain an investment return, comparable to the tax-exempt interest rate that the Note would bear if sold in the municipal bond market, on the portion of the funds available in the City’s General Fund that it otherwise would regularly invest but instead are used to make an interfund loan to LID No. 151, evidenced by the Note, to provide interim financing of costs of the Improvements. The City finds it in the best interest of the City that the Note be purchased by the City from funds on deposit in the City’s General Fund and available for investment. Section 2. Authorization and Description of the Note. The City is hereby authorized to issue the Note in accordance with chapter 39.50 RCW. The Note shall be issued in the total principal amount of $3,285,273; shall be dated its date of delivery; shall mature on December 1, 2022 (the “Maturity Date”); shall be subject to renewal or refunding by the issuance of short-term obligations; shall be in fully registered form; and shall be numbered R-1. The Note shall bear interest at the rate of 3.25% per annum computed on the basis of a 360-day year of twelve 30-day months, payable, subject to renewal or refunding, on the Maturity Date. Section 3. Appointment of Note Registrar; Registration and Transfer of Note. The Finance Director of the City (the “Finance Director”) is appointed Note Registrar for the Note. The Note shall be issued to the City’s General Fund (the “Registered Owner”) only in registered form as to both principal and interest and shall be recorded on books or records maintained by the Note Registrar (the “Note Register”). The Note Register shall contain the name and mailing Page 208 of 227 -3- address of the Registered Owner. The Note may not be assigned or transferred by the Registered Owner. When the Note has been paid in full, both principal and interest, it shall be surrendered by the Registered Owner to the Note Registrar, who shall cancel the Note. Section 4. LID Fund No. 151; Payment of Note. There is established in the office of the Finance Director for Local Improvement District No. 151 a special local improvement district fund to be known and designated as Local Improvement Fund, District No. 151 (the “LID Fund No. 151”). The Note may be paid from proceeds of the Bonds, from collections pertaining to assessments on the assessment roll of LID No. 151 when hereafter received, from the proceeds of the issuance of other short-term obligations or from the City’s Local Improvement Guaranty Fund (the “LID Guaranty Fund”). Both principal of and interest on the Note shall be payable solely out of the LID Fund No. 151 and from the LID Guaranty Fund, consistent with chapter 35.54 RCW. Section 5. Prepayment Provisions. The City reserves the right to prepay principal of the Note prior to its Maturity Date on any date, at par plus accrued interest to the date fixed for prepayment, whenever there shall be sufficient money in the LID Fund No. 151 to prepay the principal of the Note over and above the amount required for the payment of the interest then due on the Note. Interest on the principal of the Note so prepaid shall cease to accrue on the date of such prepayment. Section 6. Purchase and Sale of Note. The City shall purchase the Note at a price of par with funds on deposit in the City’s General Fund that the Finance Director determines are available for that purpose. The proper City officials are authorized and directed to do everything necessary for the prompt delivery of the Note and for the proper application and use of the proceeds of the sale thereof. Page 209 of 227 -4- Section 7. Effective Date of Ordinance. This ordinance shall be in full force and effect from and after five days from the date of its passage and publication as provided by law. Passed by the City Council this 19th day of April, 2021, and signed in authentication of its passage this 19th day of April, 2021. CITY OF PASCO, WASHINGTON By Saul Martinez, Mayor ATTEST: Debby Barham, City Clerk APPROVED AS TO FORM: City Attorney Published: Page 210 of 227 CERTIFICATE I, the undersigned, the duly appointed, qualified and acting Clerk of the City of Pasco, Washington, and keeper of the records of the City Council (herein called the “Council”), DO HEREBY CERTIFY: 1. That the attached Ordinance No. __________ (herein called the “Ordinance”) is a true and correct copy of an ordinance of the Council, as finally passed at a regular meeting of the Council held on the 19th day of April, 2021, and duly recorded in my office. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all other requirements and proceedings incident to the proper passage of said Ordinance have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pasco, Washington, as of this 19th day of April, 2021. City Clerk (SEAL) Page 211 of 227 Page 1 of 2 NO. R-1 $3,285,273 UNITED STATES OF AMERICA STATE OF WASHINGTON CITY OF PASCO LOCAL IMPROVEMENT DISTRICT NO. 151 BOND ANTICIPATION NOTE, 2021 Interest Rate: 3.25% Maturity Date: December 1, 2022 Registered Owner: CITY OF PASCO – GENERAL FUND Principal Amount: 3,285,273 AND NO/100 DOLLARS N.B. The laws of the State of Washington under which this Note is issued contain the following section (RCW 35.45.070(1)(a)): “Neither the holder nor owner of any bond, interest coupon, warrant, or other short-term obligation issued against a local improvement fund shall have any claim therefor against the city or town by which it is issued, except for payment from the special assessments made for the improvement for which the bond or warrant was issued and except also for payment from the local improvement guaranty fund of the city or town as to bonds issued after the creation of a local improvement guaranty fund of that city or town. The city or town shall not be liable to the holder or owner of any bond, interest coupon, warrant, or other short-term obligation for any loss to the local improvement guaranty fund occurring in the lawful operation thereof.” The CITY OF PASCO, WASHINGTON (the “City”), a municipal corporation of the State of Washington, promises to pay to the Registered Owner identified above on the Maturity Date identified above the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) thereon from the date of this Note or from the most recent interest payment date to which interest has been paid at the Interest Rate per annum identified above, payable, subject to renewal or refunding, on the Maturity Date or earlier prepayment of this Note. If this Note is not redeemed when properly presented on the Maturity Date identified above, then interest shall continue to accrue at the Interest Rate identified above until this Note, both principal and interest, is paid in full or until sufficient money for its payment in full has been deposited in Local Improvement Fund, District No. 151 (the “LID Fund No. 151”), and this Note has been called for payment. This Note, designated the Local Improvement District No. 151 Bond Anticipation Note, 2021, is issued by the City in fully registered form pursuant to and in full compliance with the Constitution and laws of the State of Washington and ordinances of the City, including Ordinance No. __________ (the “Note Ordinance”). This Note is issued for the purpose of providing interim financing of cost and expenses of designing and constructing the Northwest Area sanitary sewer trunk improvements within Local Improvement District No. 151 of the City as ordered to be carried out by Ordinance No. 4483 of the City. The City has reserved the right to prepay principal of this Note prior to the Maturity Date on any date, at par plus accrued interest to the date fixed for prepayment, whenever there is sufficient money in the LID Fund No. 151 to prepay the principal of the Note over and above the amount required for the payment of the interest then due on the unpaid Note. No notice of prepayment to the Registered Owner is required. Interest on the principal of this Note so prepaid shall cease to accrue on the date of such prepayment. Page 212 of 227 Page 2 of 2 Both principal of and interest on this Note are payable in lawful money of the United States of America. Interest on this Note, and any prepaid principal thereon, shall be paid by check, draft, electronic or interfund transfer to the Registered Owner at the address appearing on the registration books of the City (the “Note Register”) maintained by the Finance Director of the City (the “Note Registrar”). The final installment of principal and interest on this Note at maturity or prior repayment is payable at the office of the Note Registrar in Pasco, Washington, upon presentation and surrender of this Note. The funds deposited in the LID Fund No. 151 and the Local Improvement Guaranty Fund of the City have been and are pledged irrevocably to the payment of the principal of and interest on this Note. This Note is not a general obligation of the City, and the Registered Owner’s remedy in case of nonpayment shall be confined to the enforcement of the special assessments made for Local Improvement District No. 151 and to the Local Improvement Guaranty Fund. This Note shall not be valid or become obligatory for any purpose until the Certificate of Authentication hereon has been signed by the Note Registrar. The principal of and interest on this Note shall be paid only to the Registered Owner and to no other person or entity, and this Note may not be assigned or transferred by the Registered Owner. The City and the Note Registrar may deem and treat the Registered Owner of this Note as its absolute owner for the purpose of receiving payment of principal and interest and for all other purposes, and neither the City nor the Note Registrar shall be affected by any notice to the contrary. As used herein, Registered Owner means the person or entity named as Registered Owner of this Note on the first page hereof and on the Note Register. It is certified, recited and declared that all acts, conditions and things required to be done precedent to the issuance of this Note have been done properly, have happened and have been performed in regular and due form, as required by law. IN WITNESS WHEREOF, the City has caused this Note to be executed on behalf of the City by the signature of its Mayor, the signature of its City Clerk, and the facsimile seal of the City hereon, this 19th day of April, 2021. CITY OF PASCO, WASHINGTON By Mayor By City Clerk Date of Authentication: April 26, 2021 CERTIFICATE OF AUTHENTICATION This Note is the fully registered City of Pasco, Washington, Local Improvement District No. 151 Bond Anticipation Note, 2021 described in the Note Ordinance. By Finance Director, Note Registrar Page 213 of 227 CITY OF PASCO,WASHINGTON ORDINANCE NO.4483 AN ORDINANCE OF THE CITY OF PASCO,WASHINGTON, RELATING TO IMPROVEMENTS FOR A NEW SANITARY SEWER TRUNK LINE AND OTHER SEWER IMPROVEMENTS IN THE CITY’S NORTHWEST (BROADMOOR)AREA (COLLECTIVELY,THE “IMPROVEM ENTS”); ORDERING THE IMPROVEMENTS OF NEW TRUNK SEWER PIPING CONSISTENT WITH CITY COUNCIL RESOLUTION NO.3932; ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO.151,AND ORDERING THE CARRYING OUT OF THE PROPOSED IMPROVEMENTS; PROVIDING THAT PAYMENT FOR THE IMPROVEMENTS BE MADE BY SPECIAL ASSESSMENTS UPON THE PROPERTY IN THE DISTRICT, PAYABLE BY THE MODE OF “PAYMENT BY BONDS;”AND,PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS REDEEMABLE IN CASH OR OTHER SHORT-TERM FINANCING AND LOCAL IMPROVEMENT DISTRICT BONDS. THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS: Section 1.RECITALS AND FINDINGS. 1.1 By Resolution No.3932 adopted January 6,2020,the City Council declared its intention to order the improvements of the Northwest Area sanitary sewer trunk,from Harris Road to one-quarter mile north of Burns road,and to create a Local Improvement District to assess the cost and expense of carrying out these improvements against the property specially benetitted thereby.Pursuant to Resolution No.3932,the public hearing was scheduled for February 3,2020, at 7:00 P.M.(local time),in the City Council Chambers of the City Hall.The public hearing was conducted to hear all matters relating to the proposed improvements and all comments thereon and objections thereto and for determining the method of payment for the improvement (the “formation heating”).The hearing was commenced on February 3,2020 and then continued to March 2,2020 at 7:00 P.M.(local time),in the City Council Chambers of the City Hall. 1.2 The February 3,2020 public hearing was continued in order to have the opportunity for City staff to meet with all of the property owners within the LID.City staff scheduled two workshop meetings and sent notice letters inviting property owners to attend.These workshop meetings were held on February 4,2020 and February 18,2020 at the City of Pasco Police Department Community Room. 1.3 Based on the irifoirnation presented and collected from these meetings,the proposed sewer alignment,as represented in attached Exhibit A,and the LID assessment method was agreed upon by the City adininistration and property owners for recommendation to the City Council.The ORDINANCE-FG:53t3R'.r'6S8.2-P/\(i]_’l Page 214 of 227 description of improvements set forth by Resolution No.3932 is revised as described in this Ordinance.The location of the Improvements is generally described,as follows: beginning at a location in the right—of-wayof Harris Road,and the true point thereof to be described as approximately one half-mile distancedue-east of the Harris Road intersection with West Court street;thence along a northerly line to Burns Road,at a location in the right-of-way,and the true point thereof to be described as approximately one quarter mile distance due-east of the Burns Road intersection with Dent Road;thence leaving said true point,easterly,along Burns road in the right~ofway,to the eastern properties within LID No.15]. 1.4 The Capital Improvement Program (CIP)Manager caused an estimate to be made of the cost and expense of the proposed improvements and certi?ed that estimate to the City Council, together with all papers and information in his possession touching the proposed improvement,a description of the boundaries of the proposed local improvement district and a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposed district.The Engineer’s estimate is accompanied by a diagram of the proposed improvement showing thereon the lots,tracts,parcels of land,and other property which will be specially bene?ted by the proposed improvement and the estimatedcost and expense thereof to be borne by each lot,tract and parcel of land or other property. 1.5 Due notice of the formation hearing was given in the manner provided by law,or such notice was waived by property owners as needed.The formation hearing was held by the City Council on the dates and at the time above-mentioned,and all objections to the proposed improvement were duly considered by the City Council.All persons appearing at such hearing and wishing to be heard were heard. 1.6 The City Council determines it to be in the best interests of the City that the Improvement as herein described be carried out and that a local improvement district be created in connection therewith. Section 2.IMPROVEMENTS ORDERED.The City Council of the City of Pasco, Washington (the “City”),orders the improvements to the properties within the area described in Exhibit B,providing new sanitary sewer trunk infrastructure in the City’s Northwest Area (collectively,the “improvemcnts”).The Improvements shall be in accordance with the plans and speci?cations therefor prepared by the CIP Manager,and may be modi?ed by the City Council as long as such modification does not affect the purpose of the Improvements.The Improvements are hereby declared to be part of the system and plan of the City's WaterfSewer Utility under Chapter 13.10 of the Pasco Municipal Code. Section 3.LID 151 CREATED.There is hereby created and established a local improvement district to be called Local Improvement District No.151 of the City of Pasco, Washington (the “District”),the boundaries or territorial extent of the District being more particularly described in Exhibit B attached hereto and by this reference incorporated herein. ORDINANCE -FG:53lS876S8.2 —PAGE 2 Page 215 of 227 Section 4.IMPROVEMENT COSTS ESTIMATED.The total current estimated cost and expense of the Improvements is declared to be $6,880,000,of which an estimated $5,770,000 is to be assessed against the properties within the LID.The Cost and expense of the Improvements shall be borne by and assessed against the property specially hene?ted by such Improvements included in the District which embraces as nearly as practicable all property specially bene?ted by such Improvements.The City reserves the right under RCW 35.44.0220to exclude costs and expense of the Improvements from the cost and expense to be assessed against the property within LID 151 and may pay from any other moneys available therefor if the City Council so designates by ordinance at any time.The City presently identi?es the following costs for payment by the City:upsizing pipe for regional pipe diameters to accommodate the proposed Urban Growth Area (UGA). Section 5.ASSESSMENT METHODS.In accordance with the provisions of RCW 35.44.047,the City may use any method or combination of methods to compute assessments which may be deemed to more fairly reflect the special bene?ts to the properties being assessed than the statutory method of assessing the properties.Actual assessments may vary from assessment estimates so long as they do not exceed a ?gure equal to the increased tnie and fair value the Improvements add to the property within the LID. Section 6.INTERIM AND BOND FINANCING AUTHORIZED. 6.1 Local improvement district warrants may be issued in payment of the cost and expense of the Improvements herein ordered to be assessed,such warrants to be paid out of the Local Improvement Fund,District No.151,hereinafter created and referred to as the Local Improvement Fund,and,until the bonds referred to in this section are issued and delivered to the purchaser thereof,to bear interest from the date thereof at a rate to be established hereafter by the City's Finance Manager,as issuing officer,and to be redeemed in cash andfor by local improvement district bonds herein authorized to be issued,such interest-bearing warrants to be hereafter referred to as “revenue warrants.”In the alternative,the City herea?er may provide by ordinance for the issuance of other short-term obligations pursuant to chapter 39.50 RCW. 6.2 If the City shall authorize expenditures to be made for such Improvements (other than for any cost or expense expected to be borne by the City)prior to the date that any short-term obligations or local improvement district bonds are issued to ?nance the Improvements,from proceeds of interfund loans or other funds that are not,and are not reasonably expected to be, reserved,allocated on a long-term basis or otherwise set aside to pay the cost of the Improvements herein ordered to be assessed against the property specially bene?ted thereby,the City declares its of?cial intent that those expenditures,to the extent not reimbursed with prepaid special bene?t assessments,are to be reimbursed from proceeds of short-terrn obligations or local improvement district honds that are expected to be issued for the Improvements in the estimated principal amount of $6,880,000. 6.3 The City is authorized to issue local improvement district bonds for the District which shall bear interest at a rate and be payable on or before a date to be hereafter ?xed by ordinance.The bonds shall be issued in exchange for andfor in redemption of any and all revenue warrants issued hereunder or other short-term obligations hereafter authorized and not redeemed ORDINANCE -FG:5368?683£—-PAGE3 Page 216 of 227 in cash within twenty days after the expiration of the thirty-d ay period for the cash payment without interest of assessments on the assessment roll for the District.The bonds shall be paid and redeemed by the collection of special assessments to be levied and assessed against the property within the District,payable in annual installments,with interest at a rate to be hereafter ?xed by ordinance under the mode of “payment by bonds,"as de?ned by law and the ordinances of the City.The exact form,amount,date,interest rate and denominations of such bonds hereafter shall be ?xed by ordinance of the City Council.Such bonds shall be sold in such manner as the City Council hereafter shall determine. Section 7.CONSTRUCTION.In all cases where the work necessary to be done in connection with the making of such Improvements is carried out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids),the call for bids shall include a statement that payment for such work may be made in cash warrants drawn upon the Local Improvement Fund or by check or other lawful instrument through the City LID Construction Fund,LID 151 Account,for and on behalf of the District. Section 3.LID FUND CREATED.The Local Improvement Fund for the District is created and established in the oi?ce of the City Finance Manager.The proceeds from the sale of revenue warrants or other short—termobligationsdrawn against the fund which may be issued and sold by the City and the collections of special assessments,interest and penalties thereon shall be deposited in the Local Improvement Fund.Cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the Improvements and cash warrants in payment for all other items of expense in connection with the Improvements may be issued against the Local Improvement Fund.Alternatively,payment to the contractor or contractors may be made through the City LID Construction Fund,LID 151 Account,for and on behalf of the District. Section 9.LID NOTICE.Within 15 days of the passage of this ordinance there shall be ?led with the City Clerk the title of the Improvements and District number,a copy of the diagram or print showing the boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots,tracts and parcels of land that will be specially bene?ted thereby and the estimated cost and expense of such Improvements to be borne by each lot,tract or parcel of land.The City Clerk immediately shall post the proposed assessment roll upon her index of local improvement assessments against the properties affected by the local Improvements.The City may,but need not,give notice of the LID through other means,including but not limited to recording of this ordinance. ORDINANCE -FG:5368?6R8_2 —PA(}E 4 Page 217 of 227 PASSED by the City Council and APPROVED by the Mayor of the City of Pasco, Washington,at a regular open public meeting thereof,this 2'“day of March,2020. Saul Martinez Mayor ATTEST:APPROVED AS TO FORM: Debra Barham,CMC City Clerk ORDINANCE-FG:536R'}’688.2 --P,-RG1-L 5 Page 218 of 227 EXHIBIT A LID No.151 —Preljmina Ali ment for the Northwest Area Trunk Sewer The LID I51 Improvements includes the new design and construction of approximately 12,000linear feet of trunk sewer piping.Below is a ?gure that shows the preliminary sewer alignment. I ‘slur:E? I?!:2 I u. Q32”I :-Inan;u 3‘ I?lli:: ‘ I Rocky Hi?5MaI1agernant,LP Pmo School DistrictNo 1 Barker Testamentary Ttus1(-19.5 Percent) ’ Alton]Errlermises,LLC Tsa<2019 LLC Big Sky Developers,LLC 1 2 3 4 5 6 7 B -0 32' ‘?\ ¢I£E}K‘@ENK?IHIjIX¥IElUH If??llf RWQWXHT mKf0K?I%IIi-¥E¥|W$.HIII|C1l2l' llunqs-nyyucnqu-iuu?an-I Iuul-nlplhx-thnrllrnttl-ntnuan tiiuuu-hluvnuncuun-uh &-dllix??mtgjlnt ‘ Q-i?iIIiII'I::I§'.'l?uI? knnlm?n Hhih?i im?uwlnlhlu lnynnurnaucnuulcull-van-nu Iwnuniu-u-uuhuumn-an-ail-luau-» 1\nlodII&IIvIl1iP$n In-2-tau-u-unvun-vs-qpshsabuin ?iifl?nu Exhibit A -1Page 219 of 227 EXHIBITBLIDNo.151—PreliminaluxssessmentRollfortheNorthwestAreaTrunkSewerCityofPascoProjectNo.:1800076ProjectName:NorthwestAreaSewerPRELIMINARYASSESSMENTROLLFromFranklinCountyAssessor,DataCurrentasofFebruary27,2020LIDNo.:151Date:February27,2020AssessmentRollOwnerCountySimsAddressLealDescri‘ionFlowContributionFrontageLengthEstimatedAssessmentNo.ParcelNo.3'’(MGD)(LF)(50%Flow,40%Frontage)ALLFR7-929LESSEASEMENT&EXCPTNTOsToFWAFORSRI-82(PARCEL5-04295)EXCTHPTNSE7-9-29LYSLYOFSTHWY1-182EXCE748.97'THEREOFAND'-20022RRD,PAco.,,21,971B'°ad""°°'P'°"e"'e5'LLC115110800HAms599301THPTN530'OFSE7-929LYELYCTRLNFRCOUNTYIRRDISTCANALR/WLESS1796200$356TRACT1OFRs#1728137ANDEXCPTNFORDENT(1725816)|2RockyHillsManagement,LP126-160-0103291BURNSRD,PASCO99301FARMUNIT84,IRRBLK10.241,350$584,1053PascoSchoolDistrictNo.1115180042SHORTPLAT201514LOT10.031,300$300,231BkTT49.5l4pzczlrmestamenmw“'5”1151800737128IRISLN,PAsco99301FARMUNIT99,IRRBLK1EXCPTNFORcoRDR/W(1754579)0.371,350$757,7205.1TOTAIS2.595AlfordEnterprises,LLC115-180-055N2SE4SE46-9-29EXCPTNFORCORDR/W(1729792)0.05450$162,1216TSK2019LLC115-180-065LOT1,SHORTPLAT2019-90.02130hr53,8077BigSkyDevelopers,LLC11548005610181BURNSRD,PASCO99301LOT2,SHORTPLAT2019-90.04450$145,159WapitiInvestments,LLC115-180-06710315BURNSRD,PASCO99301LOT3,SHORTPLAT2019-9145,15911,680S5,770,000ExhibitB-1Page 220 of 227 CERTIFICATION I,the undersigned,City Clerk of the City of Pasco,Washington (the “City”),hereby certify as follows: 1.The attached copy of Ordinance No~.llLf5(the“Ordinance”)is a full,true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on March 2,2020,as that ordinance appears on the minute book of the City;and the Ordinance will be in full force and effect ?ve days after the publication of its summary in the City’s of?cial newspaper;and 2.A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance. .»rj) TNWITNESS WHEREOF,I have hereunto set my hand this Q day of gllggr.-ix, 2020. CITY or PASCO,WASHINGTON Debra Barham,CMC,City Clerk Page 221 of 227 QUALITY OF LIFE Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure by: • Using Community Development Block Grant (CDBG) and other public and private capital to revitalize older neighborhoods and safe routes to essential services. • Continuing efforts toward designing, siting, programming needs, and site selection for a community center and pursuing acquisition of land for future community park. • Developing Phase I of the A Street Sporting Complex and continue efforts to provide additional soccer and sports fields. • Coordinating with the Pasco Public Facilities District to develop a public education campaign, financial analysis and prepare a ballot measure concerning the development of a regional aquatic facility for consideration by the people. • Completing construction of a new animal control facility. • Ongoing efforts to improve efficiency and effectiveness of public resources in the delivery of municipal services, programs, and long-term maintenance and viability of public facilities. • Collaborating with the Inclusion, Diversity and Equity Commission and community leaders to enhance engagement efforts and organizational cultural competency. • Updating design standards for the development of new neighborhoods and re-development to promote greater neighborhood cohesion through design elements, e.g.: walkability, aesthetics, sustainability, and community gathering spaces. • Updating Parks and Facilities Comprehensive Plan to include: public facilities inventory, needs assessment, level of service, and centers evaluation. • Teaming with local and regional partners to develop a Housing Action Plan with a focus on strategies that emphasize affordable housing. FINANCIAL SUSTAINABILITY Enhance the long-term financial viability, value, and service levels of services and programs, including: • Regular evaluation of services and programs to confirm importance to community, adequacy, and cost-benefit. • Continuation of cost of service and recovery targets in evaluating City services. • Ongoing evaluation of costs, processes and performance associated with delivery of City services including customer feedback and satisfaction, staffing, facilities, and partnership opportunities. • Instilling and promoting an organizational culture of customer service across all business lines. • Updating policies relating to urbanization of the unincorporated islands to assure consistency with long-range planning, community safety, and fiscal sustainability. City Council Goals 2020-2021 Page 222 of 227 COMMUNITY SAFETY Preserve past improvements and promote future gains by: • Developing a Comprehensive Police Strategic Master Plan through a transparent process to evaluate future service levels of the department to assure sustainability, public safety, and crime control over the next 5-10 years. • Collaborating with regional and community partners to evaluate and implement strategies to reduce the incidence of homelessness. • Leveraging and expanding partnerships to maintain and enhance behavioral health services to community members in crisis being assisted by police and fire. • Continuing efforts to improve police and community relations. • Working to achieve and maintain target fire response times through operational improvements and long-range strategic planning of facilities and staffing. • Focusing on the long-term goal of sustaining a Washington State Rating Bureau Class 3 community rating. • Leveraging infrastructure database of sidewalks, streetlights and pavement conditions along with evaluating policies and methods to address needs and inequities. COMMUNITY TRANSPORTATION NETWORK Promote a highly-functional multi-modal transportation network through: • Commencement and completion of construction of the Lewis Street Overpass project. • Continued emphasis on improvements in Road 68/I-182/Burden Blvd. corridor to improve operation and safety. • Data-driven pro-active neighborhood traffic calming efforts. • Continued collaboration with Ben Franklin Transit to enhance mobility and access. • Completion of a Transportation System Master Plan and utilization of its recommendations to develop policies, regulations, programs, and projects that provide for greater connectivity, strategic investment, mobility, multi-modal systems, accessibility, efficiency and safety. ECONOMIC VITALITY Promote and encourage economic vitality by supporting: • Downtown revitalization efforts of Downtown Pasco Development Authority (DPDA), post-COVID restart, and City initiatives such as Downtown Master Plan process and sign code modifications. • The construction of Peanuts Park and Farmers Market and continued efforts to pursue streetscape and gateway upgrades. • The completion of the Comprehensive Land Use Plan Update and Broadmoor Master Plan efforts, adoption of Urban Growth Area expansion alternative, implementation of adopted long-range planning efforts with appropriate analysis and adoption of planning actions including: zoning code changes, phased sign code update, and development regulations and standards. • Increased efforts to promote the community as a desirable place for commercial and industrial development by promoting small business outreach and assistance, predictability in project review, and excellent customer service. • Partnerships and encouragement of Department of Natural Resources (DNR) to facilitate development of the remaining state-owned properties at Road 68/I-182. Page 223 of 227 • Continued coordination with the Port of Pasco to complete and implement a waterfront-zoning plan and provide for public infrastructure. • Active partnerships in the planning and development of strategies to promote tourism and deployment of assets to spur economic activity. • In concert with community partners, development of a comprehensive economic development plan. COMMUNITY IDENTITY Identify opportunities to enhance community identity, cohesion and image through: • Continued efforts of community surveying through traditional methods and the application of new technologies. • Providing opportunities for community engagement through boards, commissions, volunteer opportunities, social media, forums, and other outlets. • Enhanced inter-agency and constituent coordination developed during the pandemic. • Continued efforts of the community identity/image enhancement campaign to include promotion of community and organizational successes. • Enhanced participation and support of cultural events occurring within the community. • Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art and culture programs. For more information, visit www.pasco-wa.gov/councilgoals Page 224 of 227 CALIDAD DE VIDA Promover una vida de buena calidad a través de programas de calidad, servicios e inversiones y reinversiones adecuadas en la infraestructura de la comunidad al: • Utilizar una Community Development Block Grant (CDBG) (Concesión de Ayuda Federal para el Desarrollo Comunitario) y otro capital público y privado para renovar las vecindades antiguas y las rutas seguras a los servicios esenciales. • Continuar los esfuerzos hacia el diseño, las obras de construcción, las necesidades programáticas, y la elección de dichas obras de construcción, para un centro comunitario y comprar el terreno para un futuro parque comunitario. • Desarrollar la 1era Fase del Sporting Complex (Complejo Deportivo) de la Calle A y continuar los esfuerzos de proporcionar más campos de fútbol y de otros deportes. • Coordinar con el Pasco Public Facilities District (Distrito de las Instalaciones Públicas de Pasco) para desarrollar una campaña de educación pública, un análisis financiero, y preparar una propuesta sobre el desarrollo de una instalación acuática regional para que sea considerada por el público. • Terminar la construcción de una nueva instalación para el control de animales. • Continuar los esfuerzos para mejorar la eficiencia y la eficacia de los recursos públicos en la entrega de servicios municipales, programas, y el mantenimiento y la viabilidad a largo plazo de instalaciones públicas. • Colaborar con la Inclusion, Diversity and Equity Commission (Comisión de Inclusión, Diversidad, y Equidad) y con los líderes comunitarios para mejorar los esfuerzos de participación y la capacidad cultural organizacional. • Actualizar los estándares de diseño para el desarrollo de nuevas vecindades y el redesarrollo para promover más cohesión de las vecindades a través de elementos de diseño, p. ej.: viabilidad peatonal, evaluación de las necesidades, sustentabilidad, y lugares donde se puedan reunir los miembros de la comunidad. • Actualizar el Parks and Facilities Comprehensive Plan (Plan Comprehensivo de los Parques y las Instalaciones) para que incluya: un inventario de instalaciones públicas, una evaluación de las necesidades, el nivel de servicio, y la evaluación del centro. • Trabajar en equipo con colaboradores regionales para desarrollar un Housing Action Plan (Plan de Acción para Viviendas) con un enfoque en las estrategias que enfatizan viviendas económicas. SUSTENTABILIDAD FINANCIERA Mejorar la sustentabilidad financiera a largo plazo, el valor, y los niveles de servicios y programas, incluyendo: • La evaluación regular de los servicios y de los programas para confirmar la importancia de la comunidad, la capitalización adecuada, y el costo-beneficio. Metas del Concilio de la Ciudad del 2020-2021 Page 225 of 227 • La continuación del costo por el servicio y de las metas de recuperación al evaluar los servicios de la Ciudad. • La evaluación continua de los costos, los procesos y el desempeño relacionado con la entrega de los servicios de la Ciudad incluyendo la retroalimentación y la satisfacción del cliente, el personal, las instalaciones, y las oportunidades colaborativas. • Inculcar y promover una cultura organizacional de servicio al cliente a lo largo de todas las líneas de negocio. • Actualizar las políticas relacionadas con la urbanización de las islas no incorporadas para asegurar consistencia con la planificación a largo plazo, la seguridad comunitaria, y la sustentabilidad fiscal. SEGURIDAD COMUNITARIA Preservar las mejorías anteriores y promover las ganancias futuras al: • Desarrollar un Comprehensive Police Strategic Master Plan (Plan Maestro Estratégico Comprehensivo Policial) a través de un proceso transparente para evaluar los niveles futuros de servicio del departamento para asegurar sustentabilidad, seguridad pública, y control de crímenes durante los siguientes 5-10 años. • Trabajar con colaboradores regionales y comunitarios para evaluar e implementar estrategias para reducir los casos de personas sin techo. • Hacer uso y ampliar las colaboraciones para mantener y mejorar los servicios de salud conductual a los miembros de la comunidad que se encuentran en medio de una crisis, ayudados por la policía y por los bomberos. • Continuar los esfuerzos para mejorar la relación con la policía y con la comunidad. • Trabajar para lograr y mantener el tiempo de reacción de los bomberos a través de mejorías operacionales y la planificación estratégica de instalaciones y personal a largo plazo. • Enfocarse en la meta a largo plazo de mantener una clasificación de la comunidad Clase 3 del Washington State Rating Bureau (Departamento de Clasificación del Estado de Washington). • Utilizar la base de datos de la infraestructura de las banquetas, los faroles, y las condiciones del pavimento, como también evaluar las políticas y los métodos para tratar las necesidades y las injusticias. RED DE TRANSPORTE COMUNITARIO Promover una red de transporte extremadamente funcional y multimodal a través de: • El comienzo y el término de la construcción del proyecto Lewis Street Overpass. • El énfasis continuo en las mejorías de la ruta Road 68/I-182/Burden Blvd. para mejorar la operación y la seguridad. • Los esfuerzos proactivos basados en datos para calmar el tráfico en las vecindades. • La colaboración continua con Ben Franklin Transit para mejorar la movilidad y el acceso. • El término del Transportation System Master Plan (Plan Maestro del Sistema de Transporte) y la utilización de sus recomendaciones para desarrollar políticas, reglas, programas, y proyectos que proporcionan más conectividad, inversiones estratégicas, movilidad, sistemas multimodales, accesibilidad, eficiencia, y seguridad. Page 226 of 227 VITALIDAD ECONOMICA Promover y motivar la vitalidad económica al apoyar: • Los esfuerzos de renovación de la Downtown Pasco Development Authority (DPDA) (Autoridad de Desarrollo del Centro de Pasco), el reinicio después de COVID, y las iniciativas de la Ciudad como el proceso del Downtown Master Plan (Plan Maestro del Centro) y las modificaciones de los códigos de anuncios. • La construcción del Peanuts Park and Farmers Market (Parque Peanuts y el Mercado) y los esfuerzos continuos para discutir paisajes urbanos y actualizaciones de entradas. • El término de los esfuerzos de la Comprehensive Land Use Plan Update (Actualización Comprehensiva del Uso de Terrenos) y los esfuerzos del Broadmoor Master Plan (Plan Maestro de Broadmoor), la adopción de la alternativa de la expansión de Urban Growth Area (Área del Crecimiento Urbano), la implementación de los esfuerzos de planificación a largo plazo con los análisis adecuados y la adopción de acciones de planificación incluyendo: los cambios a los códigos de zonas, la actualización de los códigos de los anuncios de las fases, y el desarrollo de las reglas y los estándares. • Más esfuerzos para promover a la comunidad como un lugar atractivo para el desarrollo comercial e industrial al fomentar el alcance y la ayuda a los negocios pequeños, la predictibilidad en la revisión de proyectos, y un excelente servicio al cliente. • Las colaboraciones y la motivación del Department of Natural Resources (DNR) (Departamento de Recursos Naturales) para facilitar el desarrollo de las propiedades restantes del estado en Road 68/I- 182. • La coordinación continua con el Port of Pasco (Puerto de Pasco) para terminar e implementar un plan de zonas costeras y proporcionar una infraestructura pública. • Las colaboraciones activas en la planificación y el desarrollo de estrategias para promover el turismo y la utilización de recursos para estimular actividad económica. • Junto con los colaboradores de la comunidad, crear un plan comprehensivo de desarrollo económico. IDENTIDAD COMUNITARIA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen a través de: • Los esfuerzos continuos para evaluar a la comunidad a través de los métodos tradicionales y la aplicación de nuevas tecnologías. • Proporcionar oportunidades para la involucración comunitaria a través de mesas directivas, comisiones, oportunidades para voluntarios, medios sociales, foros, y otros medios. • Una mejor coordinación entre las agencias y los constituyentes desarrollada durante la pandémica. • Los esfuerzos continuos de campañas para la mejoría de la identidad/imagen comunitaria que promuevan a la comunidad y a los éxitos organizacionales. • Una mejor participación y apoyo de los eventos culturales llevados a cabo dentro de la comunidad. • El apoyo de la Arts and Culture Commission (Comisión de Artes y Cultura) al promover la unidad y celebrar la diversidad a través de programas de arte y cultura. Para más información, visite www.pasco-wa.gov/councilgoals Page 227 of 227