HomeMy WebLinkAbout2021.04.19 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, April 19, 2021
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1. REMOTE MEETING INSTRUCTIONS - Governor Inslee's Heathy
Washington - Roadmap to Recovery, Phase 3 made in response to the
COVID-19 emergency, currently allows for partial "in-person" meetings.
Members of the public wishing to attend City Council meetings in -person will
need to follow the Governor's protocol outlined in Proclamation No. 20 -
28.15.
Individuals, who would like to provide public comment remotely, may
continue to do so by filling out the online form via the City’s website
(www.pasco-wa.gov/publiccomment) to obtain access information to
comment. Requests to comment in meetings must be received by 4:00 p.m.
on the day of each meeting.
To listen to the meeting via phone, call (562) 247-8422 and use access
code 465-398-545.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. CONSENT AGENDA - All items listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by roll call
vote as one motion (in the form listed below). There will be no separate
discussion of these items. If further discussion is desired by Council
members or the public, the item may be removed from the Consent Agenda
to the Regular Agenda and considered separately.
Page 1 of 248
7 - 17 (a) Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Meeting held on
April 5, 2021 and Workshop held on April 12, 2021.
18 - 20 (b) Bills and Communications
To approve claims in the total amount of $3,135,542.97
($1,934,145.02 in Check Nos. 241037-241275; $192,877.53 in
Electronic Transfer Nos. 831572, 831676-831679, 831721; $8,759.00
in Check Nos. 53570-53577; $994,565.76 in Electronic Transfer Nos.
30159843-30160356; $5,195.66 in Electronic Transfer Nos. 781-786).
To approve bad debt write-off for Utility Billing, Ambulance,
Cemetery, General Accounts, Miscellaneous Accounts, and Municipal
Court (non-criminal, criminal, and parking) accounts receivable in the
total amount of $153,086.05 and, of that amount, authorize $0.00 to
be turned over for collection.
21 - 114 (c) Ordinances - PMC Amendment: Critical Areas Ordinance &
Development Regulations (MF# CA2021-002)
To adopt Ordinance No. 4525, amending Title 28 of the Pasco
Municipal Code, "Critical Areas," consistent with the periodic review
and update under the Washington State Growth Management Act,
and, further, authorize publication by summary only.
and
To adopt Ordinance No. 4526, 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 , and, further, authorize
publication by summary only.
115 - 148 (d) Resolution - Agreement with HDR for Construction Management
Services for WWTP Improvements Phase 1 Project
To approve Resolution No. 4049, 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.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
Page 2 of 248
6. VISITORS - OTHER THAN AGENDA ITEMS - This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or
to express an opinion on an issue. Its purpose is not to provide a venue for
debate or for the posing of questions with the expectation of an immediate
response. Some questions require consideration by Council over time and
after a deliberative process with input from a number of different sources;
some questions are best directed to staff members who have access to
specific information. Citizen comments will normally be limited to three
minutes each by the Mayor. Those with lengthy messages are invited to
summarize their comments and/or submit written information for
consideration by the Council outside of formal meetings.
7. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
149 - 160 (a) Ordinance - J&J Kelly Construction Annexation Update (MF#
ANX 2020-002)
Conduct a Public Hearing on the Proposed Annexation
MOTION: I move to adopt Ordinance No. 4527, annexing certain real
property to the City of Pasco, and further, authorize publication by
summary only.
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
161 - 190 (a) Q Ordinance - J&J Kelly Construction Zoning Determination
(MF# ZD 2020-001)
MOTION: I move to adopt Ordinance No. 4528, assigning R-1
zoning to the J&J Kelly Construction Annexation Area as
recommended by the Hearing Examiner, and further, authorize
publication by summary only.
191 - 199 (b) *Ordinance - Carryover Funds for Capital Projects from 2019-
2020 Biennium
MOTION: I move to adopt Ordinance No. 4529, amending the 2021-
2022 Biennial Budget (Ordinance No. 4503) of the City of Pasco,
Washington, by providing supplement thereto; to provide for
additional appropriation from the carryover of the prior year budget to
complete capital projects, and further, authorize publication by
summary only.
200 - 209 (c) *Resolutions - Amendments to Benton Franklin Health District
Page 3 of 248
Community Services Contract for COVID-19 Testing Site
MOTION: I move to approve Resolution No. 4050, ratifying
Amendment No. 1 to the Community Services Contract with Benton
Franklin Health District's Community Services Contract for COVID-19
testing site.
and
MOTION: I move to approve Resolution No. 4051, approving the
Amendment No. 2 to the Community Services Contract with Benton -
Franklin Health District for COVID-19 testing site and further,
authorize the City Manager to execute the contract.
210 - 219 (d) *Resolution - PSA Amendment No. 7 with PACE for Columbia
East Lift Station & Force Main Project
MOTION: I move to Resolution No. 4052, authorizing the City
Manager to sign and execute a seventh Amendment for the
Professional Services Agreement with PACE Engineers, Inc. for the
Columbia East Lift Station & Force Main Project.
220 - 227 (e) *Resolution & Ordinance - Process Water Reuse Facility (PWRF)
Embankment Repair Change Order No. 4 and Budget Adjustment
MOTION: I move to approve Resolution No. 4053, authorizing the
City Manager to sign and execute a fourth Change Order to the
Construction Contract with Apollo, Inc. for the Process Water Reuse
Facility (PWRF) Embankment Repair project.
MOTION: I move to adopt Ordinance No. 4530, amending the 2021-
2022 biennial operating budget (Ordinance No. 4503) of the City of
Pasco, Washington, by providing supp lement thereto; to provide
additional appropriation in the city’s utility fund for the Process Water
Reuse Facility (PWRF) embankment repair, and further, authorize
publication by summary only.
228 - 234 (f) *Resolution - Process Water Reuse Facility Irrigation Pump
Station Project Change Order No. 6 and Ratification of Previous
Change Orders
MOTION: I move to approve Resolution No. 4054, authorizing the
City Manager to sign and execute a sixth Change Order to the
Construction Contract with Apollo, Inc. for the Process Water Reuse
Facility (PWRF) Irrigation Pump Station (IPS) project and ratifying the
approval of Change Order Nos. 2, 3 and 4.
235 - 242 (g) *Resolution & Ordinance - Bid Award for Grimmway Wastewater
Connection to Columbia East Lift Station and Budget
Adjustment
Page 4 of 248
MOTION: I move to approve Resolution No. 4055, awarding the
Grimmway Wastewater Connection Project identified as Bid No.
20103 to C&E Trenching, LLC. of Pasco, in the amount of
$330,179.30, including Washington State Sales Tax, and further,
authorize the City Manager to execute the contract documents and
allowing all necessary budget adjustments.
and
MOTION: I move to adopt Ordinance No. 4531, amending the 2021-
2022 Biennial Budget (Ordinance No. 4503) of the City of Pasco,
Washington, by providing supplement thereto; to provide additional
appropriation in the City’s economic development fund for the
construction of the Grimmway industrial sewer connection to the
Columbia East Lift Station, and further, authorize publication by
summary only.
10. UNFINISHED BUSINESS
11. NEW BUSINESS
12. MISCELLANEOUS DISCUSSION
13. EXECUTIVE SESSION
14. ADJOURNMENT
15. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
243 - 248 (b) Adopted 2020-2021 Council Goals (Reference Only)
(c) REMINDERS
• Wednesday, April 21, 5:30 PM: Benton, Franklin & Walla
Walla Counties Good Roads & Transportation Association
Meeting – Clover Island Inn, Kennewick
(COUNCILMEMBER RUBEN ALVARADO, Rep.; MAYOR
SAUL MARTINEZ, Alt.)
• Thursday, April 22, 5:30 PM: Benton Franklin Community
Action Connections Board Meeting – 720 Court Street,
Pasco (COUNCILMEMBER ZAHRA ROACH, Rep.; MAYOR
SAUL MARTINEZ, Alt.)
Page 5 of 248
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por
favor avisa la Secretaria Municipal dos días antes para
garantizar la disponibilidad. (Spanish language interpreter
service may be provided upon request. Please provide two
business day's notice to the City Clerk to ensure availability.)
Page 6 of 248
AGENDA REPORT
FOR: City Council April 14, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 4/19/21
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Approval of Meeting Minutes
I. REFERENCE(S):
4.5.21 & 4.12.21 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Coun cil Meeting held on April 5,
2021 and Workshop held on April 12, 2021.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 7 of 248
MINUTES
City Council Regular Meeting
7:00 PM - Monday, April 5, 2021
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REMOTE MEETING INSTRUCTIONS
Governor Inslee's Heathy Washington - Roadmap to Recovery, made in
response to the COVID-19 emergency, currently prohibits members of the
public from attending City meetings in-person but requires agencies to provide
options for the public to participate in remotely. To best comply, the City asked
all members of the public that would like to comment to items on the agenda,
where the public is allowed to speak, to fill out a form via the City’s website
(www.pasco-wa.gov/publiccomment) to obtain an access code. As of 4:00 PM
one (1) request to comment was received.
CALL TO ORDER
The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor
Pro Tem.
ROLL CALL
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig
Maloney, David Milne, Zahra Roach, and Pete Serrano.
Absent: Saul Martinez
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City
Manager; Colleen Chapin, Human Resources Director; Craig Briggs,
Acting City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative
& Community Services Director; Ken Roske, Police Chief; Richa Sigdel,
Finance Director; Rick White, Community & Economic Development
Director; Steve Worley, Public Works Director; and Debby Barham, City
Clerk.
The meeting was opened with the Pledge of Allegiance.
Page 1 of 6Page 8 of 248
CONSENT AGENDA
Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Meeting held on
March 15, 2021 and Workshop held on March 22, 2021.
Bills and Communications
To approve claims in the total amount of $5,147,476.00 ($2,295,140.95
in Check Nos. 240708-241036; $1,155,240.00 in Electronic Transfer
Nos. 831220-831225, 831227-831504, 831518; $26,750.70 in Check
Nos. 53550-53569; $1,666,189.41 in Electronic Transfer Nos.
30158823-30159842; $4,154.94 in Electronic Transfer No. 777).
Ordinance - PMC Amendment Related to Lot Size Averaging (MF#
CA2020-002)
To adopt Ordinance No. 4522, relating to Lot Size Averaging and
amending Section 21.10.020 "Terms Defined" and c reating Section
21.20.070 "Lot Size Averaging" of the Pasco Municipal Code and
further, authorize publication by summary only.
Tourism Promotion Area Reserve Fund Request
To approve the 2021 Special Project Expenditures for the Tourism
Promotion Area in the amount of $345,250 to be funded from the TPA
Reserve Balance.
Downtown Pasco Development Authority Board Appointment
To confirm the Mayor's reappointment of Claudia Tapia to Position No. 6
on the Downtown Pasco Development Authority Board, with the term
effective December 20, 2020 to December 20, 2022.
Approve Downtown Pasco Development Authority 2021 Funding
Agreement
To approve the 2021 Funding Agreement with the Downtown Pasco
Development Authority, and further, authorize the City Manger to
execute the Agreement.
(RC) MOTION: Councilmember Maloney moved to approve the Consent
Agenda as read. Mr. Alvarado seconded. Motion carried by unanimous
Roll Call vote.
Page 2 of 6Page 9 of 248
VISITORS - OTHER THAN AGENDA ITEMS
The individual who had signed up to speak was unable to attend the
meeting.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Mr. Alvarado reported that he attended a meeting related to Senate Bill No. 5476
earlier in the day.
Ms. Roach reported a meeting she attended with the Visit Tri-Cities Executive
Director and discussed the planning for the agency's annual retreat.
General Fund Monthly Report - February 2021
There was no discussion of the February 2021 General Fund report.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Ordinance - Budget Adjustment for Land Purchase
Ms. Sigdel provided a brief report regarding the proposed budget adjustment.
MOTION: Councilmember Maloney moved to adopt Ordinance No.
4523, amending the 2021-2022 Biennial Operation Budget of the City of
Pasco, Washington by providing supplement thereto; to provide
additional appropriation in the City's Utility Fund for the purchase of land
to build sanitary sewer infrastructure, and further, authorize publication
by summary only. Mr. Serrano seconded. Motion carried unanimously.
Ordinance - Malhan Rezone, C-1 to R-4 (MF #Z2021-001)
After a brief overview provided by Mr. White, Council and staff discussed the
proposed zoning change.
MOTION: Councilmember Maloney moved to adopt Ordinance No.
4524, rezoning a parcel located at the northeast corner of West Argent
Road and Road 68 from C-1 to R-4, and further, authorize publication by
summary only. Mr. Alvarado seconded. Motion carried unanimously.
Page 3 of 6Page 10 of 248
Resolution - Revised Burlington Northern Santa Fe Railroad
Company (BNSF) Overpass Agreement for Lewis Street Overpass
Mr. Worley explained the reasons and purpose of the revised Overpass
Agreement with BNSF for the Lewis Street Overpass. He noted that this is the
last right-of-way agreement before the Washington State Department of
Transportation (WSDOT) will sign off on the project, allowing the construction to
begin.
Council and staff discussed on the status of the project.
MOTION: Councilmember Maloney moved to approve Resolution No.
4047, authorizing execution of the revised Overpass Agreement with
Burlington Northern Santa Fe Railroad Company (BNSF) for the Lewis
Street Overpass and further, authorize the City Manager to make minor
substantive adjustments and to execute all other documents related to
the BNSF right-of-way and this project. Mr. Milne seconded. Motion
carried unanimously.
Resolution - PSA with CKJT Architects, PLLC for Animal Shelter
Facility Architectural Services
Mr. Ratkai provided a brief overview of the proposed Architectural Services
agreement for the new Animal Control Shelter facility.
MOTION: Councilmember Maloney moved to approve Resolution No.
4048, authorizing the City Manager to sign and execute a Professional
Services Agreement with CKJT Architects, PLLC for architectural
services related to the new Animal Shelter Facility in the amount of
$457,785.00. Ms. Roach seconded. Motion carried unanimously.
Resolution - Bid Rejection and Rebid Project for Wastewater
Treatment Plant (WWTP) Improvements, Phase 1
Mr. Worley briefed Council on the proposed rejection of the bid award for the
WWTP Improvements, Phase 1 project.
MOTION: Councilmember Maloney moved to approve Resolution No.
4045, rejecting all bids received for Bid. No. 19072: the Wastewater
Treatment Plant Improvements, Phase 1 Project and furthermore,
authorize the City Manager to call for bids in the same manner as the
original call for this project. Ms. Roach seconded. Motion carried
unanimously.
Page 4 of 6Page 11 of 248
NEW BUSINESS
Basin Disposal Inc. Recycling Update
Basin Disposal Inc. (BDI) representative Ms. Francik provided an update with the
BDI Recycling program within Franklin County and City of Pasco. She stated that
BDI is asking Council consider transitioning three (3) recycling sites, located at
Road 64, McLoughlin Middle School and Road 48, from Franklin County to the
City of Pasco. The three (3) sites are now located within the City Limits.
Council, Ms. Francik and Mr. Dietrich, BDI General Manager, Mr. Zabell and Mr.
White discussed this request in-depth including:
• Usage of the three recycling sites.
• Garbage enclosures - recommendation of BDI to develop and distribute a
"best practices" brochure for garbage enclosures as develop occurs. City
Development Services staff could provided the brochure to
developers/contractors when they apply for building permits and through
the project review process.
• Is the current recycling program successfully recycling product(s) or does
it end up in the landfill and included the cost of recycling and the current
market conditions.
• Franklin County is no longer paying for the three (3) recycling sites.
• Disappointment that this issue was not brought forward earlier before
Franklin County stopped paying for the three recycling sites.
• Planning for future placement of recycling containers.
• Initiating a Solid Waste Advisory Committee (SWAC) that would include
the County and each City located within the County.
• Is there any evidence from the Franklin County noting that they ended
their contribution for the three (3) recycling sites.
Mr. Zabell stated that staff will reach out to Franklin County and will repo rt back
with Council after learning more about the County's decision to stop payment for
the recycling sites, as well as the start-up of the SWAC.
MISCELLANEOUS DISCUSSION
Mr. Zabell noted that an amendment to the Benton Franklin Health
District (BFHD) to provide additional services at the Pasco test site will
be coming before Council for approval at the next business meeting.
Mr. Zabell also provided a brief update to the American Rescue Act
federal government funding noting that $18.4M is earmarked for City of
Pasco. He stated the specific eligibility requirements would be
forthcoming and staff, with Council approval, anticipate to develop a
robust plan on how and where to distribute this funding, which will
include a public process.
Page 5 of 6Page 12 of 248
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:16 PM.
PASSED and APPROVED this ____ day of ________________, 20__.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 6 of 6Page 13 of 248
MINUTES
City Council Workshop Meeting
7:00 PM - Monday, April 12, 2021
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CALL TO ORDER
The meeting was called to order at 7:00 PM by Saul Martinez, Mayor.
ROLL CALL
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig
Maloney, Saul Martinez, David Milne, Zahra Roach, and Pete Serrano.
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City
Manager; Colleen Chapin, Human Resources Director; Craig Briggs,
Acting City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative
& Community Services Director; Ken Roske, Police Chief; Richa Sigdel,
Finance Director; Rick White, Community & Economic Development
Director; Steve Worley, Public Works Director; and Debby Barham, City
Clerk.
The meeting was opened with the Pledge of Allegiance.
VERBAL REPORTS FROM COUNCILMEMBERS
Mayor Martinez commented on the Old Fireman Pension Board meeting
held earlier in the evening. He also commented on his recent trip and
expressed appreciation for Pasco and all the amenities it offers.
ITEMS FOR DISCUSSION
Inclusivity, Equity and Diversity Commission Work Plan
Presentation
Mr. Zabell provided a brief history of the Inclusion, Diversity & Equity
Commission (IDEC) noting the complex issues that this Ad Hoc Commission has
had to address along with the standstill of meetings during the first eight months
Page 1 of 4Page 14 of 248
of 2020 due to the COVID-19 pandemic, as well as appointing three (3) new
IDEC members and bringing them up to speed.
He then introduced the IDEC Chairperson Jeffrey Robinson.
Mr. Robinson presented the updated IDEC Workplan's top three (3) objectives.
Next, he noted the IDEC recommendations to the City Council. Lastly, Mr.
Robinson identified ongoing initiatives that IDEC was proposing to promote.
Discussion ensued regarding the IDEC Workplan and Council's participation in
ensuring the objectives are initiated and sustained.
Mayor Martinez reminded Council to be careful not to create a quorum by
attending the IDEC meetings. He expressed appreciation for the presentation
noting the the visuals were outstanding. He stated that it is important the
everyone celebrate what they have in common while respecting each others
differences.
2021 Customer Service Presentation
Ms. Sigdel introduced Customer Services Manager Stephanie Brock who
provided the 2021 Customer Service presentation.
Council expressed appreciation to staff for focusing on excellent customer
service practices.
J&J Kelly Construction Annexation Update (MF# ANX 2020-002)
Mr. White provided an update to the proposed annexation of J&J Kelly
Construction's property into the City of Pasco. Council is scheduled to hold two
public hearings on April 19, 2021; the first to approve the proposed annexation
and the second to approve the zoning of the annexed property.
Council and staff had a brief discussion on the annexation and zoning processes.
Micro Mobility - Scooter Rental
Mr. Ratkai presented an overview of an Electric Scooter Share Pilot Program
without the greater Tri-Cities area.
Council commented on safety concerns including places available to ride, helmet
usage, regulations for individuals riding impaired. They exp ressed concern of
creating move liability against the City and congested trail-ways. They were
Interested in a pilot program if administered on a regional basis.
Mayor Martinez recommended keeping the scooter usage within a limited area.
Page 2 of 4Page 15 of 248
Mr. Briggs noted that the Pasco Municipal Code (PMC) would need to be
amended to allow for motorized scooters along the Pasco parks trails, if that was
an area where the electric scooters would be allowed to travel.
Recess
Mayor Martinez called for a meeting recess at 8:49 PM with the meeting
reconvening at 9:00 PM.
2021 Grand Old Fourth of July Tentative Plan
Mr. Ratkai presented the proposed plan for the 2021 Grand Old Fourth of July
events throughout the day.
Council further discussed various aspects of the proposed parade and possible
modifications to it for 2021.
Ordinances - PMC Amendment: Critical Areas Ordinance &
Development Regulations (MF# CA2021-002)
Mr. White briefed Council on the proposed amendments to Title 28: Critical
Areas, within the Pasco Municipal Code, as well as the amendments to the
Development Regulations as they related to the City's Comprehensive Plan
Amendment. He introduced Senior Planner Gonzalez, Ferdouse Oneza from
Oneza & Associates and Benjamin Floyd from White Bluffs Consulting. Together,
they updated Council on the status of the proposed amendments to the critical
areas and development regulations.
Council, staff and the consultants discussed the proposed amendments including
how the amendments may affect the City. Staff stated that the amendments were
state mandated to ensure that the City is in compliance with state law.
Resolution - Agreement with HDR for Construction Management
Services for WWTP Improvements Phase 1 Project
Mr. Worley presented a construction management services contract for the
Waste Water Treatment Plant (WWTP) Improvements Phase 1 Project.
Ordinance - Northwest Sewer LID - Interim Financing
Ms. Sigdel provided a brief history regarding the Northwest Sewer Local
Improvement District (LID) and the current interim financing before issuing a
bond for the LID and in this instance would like to utilize the City's General Fund
reserve for the interim financing for a short-term.
Page 3 of 4Page 16 of 248
MISCELLANEOUS COUNCIL DISCUSSION
Mr. Zabell commented on recent hate crimes against Asian Americans &
Pacific Islanders that occurred nationally. He noted that the IDEC is one
of several resources the Council has initiated to ensure City of Pasco is
a welcoming place to live, work and play. The Council has had the
forethought to begin addressing these types of concerns before they
become an issue locally. He stated the Pasco Police Department
reviewed their records and there have been no hate crimes reported
within the community or identified in the past five (5) years.
Council discussed the racial and sexual discrimination issues including
ways to report those violations, noting that is is important to treat
everyone with respect. Council unanimously supported a formal
proclamation to take a stance against discrimination.
Mr. Zabell and Ms. Sigdel provided an update related to the American
Rescue Act Funds that will be forthcoming and how the funds will be
administrated with the limited information that has been provided to -date
from the Federal Government.
ADJOURNMENT
There being no further business, the meeting was adjourned at 10:20
PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 4 of 4Page 17 of 248
AGENDA REPORT
FOR: City Council April 15, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 4/19/21
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 04.19.21
Bad Debt Write-off/Collection for March 2021
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $3,135,542.97 ($1,934,145.02 in
Check Nos. 241037-241275; $192,877.53 in Electronic Transfer Nos. 831572,
831676-831679, 831721; $8,759.00 in Check Nos. 53570-53577; $994,565.76
in 30159843Transfer Electronic Nos. -in $5,195.66 30160356; Electronic
Transfer Nos. 781-786).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General
Accounts, (nonCourt Municipal Accounts, Miscellaneous and -criminal,
criminal, and parking) accounts receivable in the total amount of $153,086.05
and, of that amount, authorize $0.00 to be turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 18 of 248
REPORTING PERIOD:
April 19, 2021
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 241037-241275 53570-53577
Total Check Amount $1,934,145.02 $8,759.00 Total Checks 1,942,904.02$
Electronic Transfer Numbers 831572 30159843-30160356 781-786
831676-831679
831721
Total EFT Amount $192,877.53 $994,565.76 $5,195.66 $0.00 Total EFTs 1,192,638.95$
Grand Total 3,135,542.97$
Councilmember
441,514.59
5,431.58
117.84
0.00
2,274.48
74,509.79
17,842.66
0.00
54,083.86
845.41
1,480.28
206.80
13,184.78
0.00
4,902.35
33,763.70
212.53
478,727.86
750,373.44
53,213.44
10,757.94
22,432.03
0.00
140,163.10
2,751.85
1,026,752.66
GRAND TOTAL ALL FUNDS:3,135,542.97$
The City Council
April 1 - April 14, 2021
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described
herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager Darcy Buckley, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
19th day of April, 2021 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
RIVERSHORE TRAIL & MARINA MAIN
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
EQUIPMENT RENTAL - OPERATING BUSINESS
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
FLEX
PAYROLL CLEARING
Page 19 of 248
BAD DEBT WRITE-OFF/COLLECTION
March 1, - March 31, 2021
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are
under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts
submitted for collection exceed $20.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal
fines, and parking violations over 30 days past due.
4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which
are either un-collectable or have been assigned for collections because the property owner has
not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
Direct
Write-off
Referred to
Collection
Total
Write-off
Utility Billing $ 38.72 0.00 38.72
Ambulance $ 153,047.33 0.00 153,047.33
Court A/R $ .00 .00 .00
Code Enforcement $ .00 .00 .00
Cemetery $ .00 .00 .00
General $ .00 .00 .00
Miscellaneous $ .00 .00 .00
TOTAL: $ 153,086.05 .00 153,086.05
Page 20 of 248
AGENDA REPORT
FOR: City Council April 13, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 4/19/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Ordinances - PMC Amendment: Critical Areas Ordinance &
Development Regulations (MF# CA2021-002)
I. REFERENCE(S):
Proposed Ordinance for Critical Areas Ordinance
Proposed Ordinance for Development Regulations
Comment Matrix - Updated
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION NO. 1 I move to adopt Ordinance No. _____, amending Title 28 of
the Pasco Municipal Code, "Critical Areas," consistent with the periodic review
and update under the Washington State Growth Management Act, and, further,
authorize publication by summary only.
and
MOTION NO. 2 I move to adopt Ordinance No. ____, 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 “Comprehe25.215.020 Lands”; amending and PMC Plan nsive
Amendment” adopting Development Regulations consistent with the periodic
review and update under the Washington State Growth Management Act , and,
further, authorize publication by summary only.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
The Washington State Department of Commerce tracks three milestones to
ensure jurisdictions are compliant with the Growth Management Act ("GMA").
Page 21 of 248
In order to satisfy the requirements of the GMA’s periodic update, jurisdictions
are required to update its Comprehensive Plans, Development Regulations,
and Critical Areas Ordinance. Staff from the Department of Community and
Economic Development, working alongside our consulting team (Oneza &
Associates updates coordinated Bluffs White and Consulting) to Pasco's
Critical Areas Ordinance and Development Regulations.
Staff coordinated this effort through the Washington State Department of
Commerce Plan Review process, receiving 53 comments from 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
Responses (to comments) are available in the Comment Matrix attached to the
staff report. Agencies have indicated that responses and revisions made to the
Critical Areas Ordinance adequately addressed agency comments.
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.
City Council received the presentation on this item at their April 12, 2021
Workshop meeting.
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 Critical Areas
revisions went through an extensive review process that included numerous
comments Those and comments agencies. state from feedback and
staff/consultant responses are provided in the Comment Matrix (attached.)
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).
The proposed revisions are recommended for a pproval. 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 22 of 248
It should be noted that updates to the Critical Areas Ordinance and
Development Regulations do not change any land use designations of the
Comprehensive Plan.
Page 23 of 248
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 24 of 248
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 25 of 248
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 26 of 248
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 27 of 248
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 28 of 248
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 29 of 248
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
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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
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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 32 of 248
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.
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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.
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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.
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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.
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“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.
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(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
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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.
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(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.
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(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
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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.
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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
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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
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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
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(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
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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
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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
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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 49 of 248
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 50 of 248
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 51 of 248
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 52 of 248
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
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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 54 of 248
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 55 of 248
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 56 of 248
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 57 of 248
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 58 of 248
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 59 of 248
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.
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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.
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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 62 of 248
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 63 of 248
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
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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.
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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
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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
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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:
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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;
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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
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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
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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 72 of 248
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;
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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.
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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
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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
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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
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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).
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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:
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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 80 of 248
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.
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(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
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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.
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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
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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
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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
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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
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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: ____________________
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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:
(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.
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Ordinance – Development Regulations Updates - 2
(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.
“Accessory use” means a use subordinate to the principal use and located on the same lot with
such principal use.
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Ordinance – Development Regulations Updates - 3
“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:
(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
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Ordinance – Development Regulations Updates - 4
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.
(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;
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Ordinance – Development Regulations Updates - 5
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.
“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
Page 93 of 248
Ordinance – Development Regulations Updates - 6
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.
“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).
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Ordinance – Development Regulations Updates - 7
“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
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.
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(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 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.
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“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.
(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.
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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:
(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.
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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.
(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)).
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(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 Pasco Urban Growth Area;
(b) Any citizen, agency, neighborhood association or other party within the Pasco
Urban Growth Area; or
(c) City Council, City Planning Commission 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.
(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.
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Ordinance – Development Regulations Updates - 13
(b) Applicants are required to attend 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) for review. The Council shall determine
which specific docketed requests are processed based on the following criteria:
(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;
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Ordinance – Development Regulations Updates - 14
(D) The amendment will further implement and comply with the intent
of the City's adopted Comprehensive Plan, Franklin County Countywide
Planning Policies, the Washington State Growth Management Act, other
state or federal law and the Washington Administrative Code;
(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.
(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:
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Ordinance – Development Regulations Updates - 15
(i) Amending the Comprehensive Plan is the most appropriate mechanism
available, as the desired outcome cannot be addressed as a regulatory or budgetary
process, or by a work program approved by the City Council;
(ii) The proposed amendment is best addressed as an individually docketed
item, instead of evaluated as part of a periodic update to the Pasco Comprehensive
Plan or other planning processes such as those led by regional or state agencies;
(iii) The proposed amendment bears a substantial relationship to the public
health, safety, welfare, and protection of the environment;
(iv) 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;
(v) The proposed amendment corrects an obvious mapping error; or
(vi) The proposed amendment addresses an identified deficiency in the
Comprehensive Plan.
(9) Additional Factors.
The City must 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.
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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, 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
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. 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 the City Council.
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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 105 of 248
1
CA2021-002: Comments Matrix
Comments received as of 04/09/2021
# 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 106 of 248
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 107 of 248
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 108 of 248
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 109 of 248
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 110 of 248
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.
52 WA Dept of Fish and
Wildlife
We recommend that you correct the text as indicated:
28.04.030(2) Fish and wildlife habitats conservation areas
(FWHCA)
Emailed response from the City of Pasco to the WA Dept
of Fish & Wildlife (03/02/2021) for Comments # 52-59
The City appreciates your comments on our the Draft Page 111 of 248
7
# Commenter Comment (paraphrased) Response
53 WA Dept of Fish and
Wildlife
We request that you add the following definitions to this
section:
Channel migration zone (CMZ): means the area along a river
or stream within which the channel(s) can be reasonably
predicted to migrate over time as a result of natural and
normally occurring hydrological and related processes when
considered with the characteristics of the river or stream and
its surroundings.
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).
Riparian: 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): 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. In many forested regions of the state this area
occurs within one 200-year site-potential tree height
measured from the edge of the stream channel. In situations
where a channel migration zone is present, this occurs within
one site-potential tree height measured from the edges of
the channel migration zone. In non-forest zones the RMZ is
defined by the greater of the outermost point of the riparian
vegetative community or the pollution removal function, at
100-feet.
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. Page 112 of 248
8
# Commenter Comment (paraphrased) Response
Site-Potential Tree Height: The average maximum height of
the tallest dominant trees for a given age and site class.
54 We request that you amend the following definitions as
indicated:
“Critical areas” includes wetlands, geologically hazardous
areas, fish and wildlife habitat conservation areas, flood
hazard areas and aquifer recharge areas.
55 We recommend that you define or clarify the phrase
“significant impact upon…critical areas”, to remove
subjectivity. For example, does the applicant or the city
decide what constitutes a significant impact? Should the
agency with jurisdiction and expertise be the deciding
authority? How would this be commemorated?
56 We recommend that you add the following text as indicated:
28.12.140(2)(e): The buffers and/or Riparian Management
Zone associated with the critical area.
28.12.140(2)(f): Documentation of consultation with the
agency of authority or jurisdiction over the critical area in
question.
57 We recommend that you add the following text to this
section as indicated:
28.12.170(2)(f): Documentation of consultation with the
agency of authority or jurisdiction over the critical area in
question.
58 Please note the edits to the chapter heading as indicated
above. There are numerous references to “Fish and Wildlife
Habitat Areas” throughout this section – please ensure that
these are corrected and reference the critical area’s GMA-
mandated name.
59 We request that the City of Pasco provide the list of Best
Available Science resources which were used for the creation Page 113 of 248
9
# Commenter Comment (paraphrased) Response
of this draft CAO. WDFW has not reviewed this document
and is unfamiliar with its contents.
60 Washington State
Department of Health
I will not have any additional comments besides those
submitted prior to the 60-day notice period as “preliminary”
(see Feb. 4 email below & attachment). I can see that
additional work has been done, & these earlier comments
have been substantially addressed within the proposed draft.
The City has opted to designate its entire jurisdiction as a
CARA due to the extent of coverage, in consideration of the
information provided earlier. I will attach this email chain
along with the initial comments to -46 just “for the record.”
Noted
Page 114 of 248
AGENDA REPORT
FOR: City Council April 12, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 4/19/21
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:
MOTION: I move to approve Resolution No. _____, 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.
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 Wastewater Treatment Plant (WWTP), which includes the
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
Page 115 of 248
system 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. The project also includes
demolition of the existing trickling filter and other select unnecessary items.
V. DISCUSSION:
Staff recommends Council approval of the Professional Services Agreement
with HDR Engineering, Inc. in the amount of $1,489,148.96.
This item was discussed at the April 12, 2021 Workshop Meeting.
Page 116 of 248
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 PSA 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, for an
amount not to exceed $1,489,148.96.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Manager for the City of Pasco is hereby authorized to execute the
Professional Services Agreement with HDR Engineering, a copy of which is attached hereto, and
incorporated herein by reference as Exhibit A, and to make minor substantive changes as
necessary to execute the Agreement; and
Be It Further Resolved that this Resolution shall be in full force and effect upon adoption.
Page 117 of 248
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 118 of 248
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 119 of 248
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.
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Professional Services Agreement – HDR Engineering, Inc. Agreement No. 21-024
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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,
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Professional Services Agreement – HDR Engineering, Inc. Agreement No. 21-024
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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
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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:
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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.
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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.
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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
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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 127 of 248
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
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Page 129 of 248
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
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Pasco WWTP Improvements Phase 1 ii Scope of Services
Assumptions: ..................................................................................................................... 14
Deliverables: ..................................................................................................................... 14
Schedule ...................................................................................................................... 14
Compensation ............................................................................................................. 14
Page 131 of 248
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 141 of 248
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 142 of 248
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 143 of 248
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 144 of 248
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 145 of 248
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 146 of 248
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 147 of 248
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 148 of 248
AGENDA REPORT
FOR: City Council April 15, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 4/19/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Ordinance - J&J Kelly Construction Annexation Update (MF# ANX 2020-
002)
I. REFERENCE(S):
Overview Map
Proposed Annexation Ordinance
Annexation Petition
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Conduct a Public Hearing on the Proposed Annexation
MOTION: I move to adopt Ordinance No. _____, annexing certain real property
to the City of Pasco, and further, authorize publication by summary only.
III. FISCAL IMPACT:
the and City the value assessed of to the $1,818,900 of addition The
commensurate responsibility of providing government services to additional
single family dwellings.
IV. HISTORY AND FACTS BRIEF:
On September 8, 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
Page 149 of 248
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 and decide whether to anne x the
affected property.
City Council received a brief summary of this item at the April 12, 2021
Workshop meeting.
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.
As noted in the April 12th Workshop Meeting, the intent of the petitioner for
this area is to provide additional sewered dwelling units through the subd ivision
process - which will occur once the area is annexed.
The Hearing Examiner has conducted a zoning determination hearing for the
proposed annexation area on March 10, 2021, and recommended the area be
zoned R-1, (Low-Density Residential). That recommendation will come to
Council as a quasi-judicial item on this agenda following a decision on this
proposed annexation.
As the annexation and zoning determination process will result in additional
housing within the existing Pasco Urban Growth Area that will be served by
municipal utilities - staff recommends Council's approval of the annexation.
Page 150 of 248
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 151 of 248
Ordinance J& J Kelly Annexation - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. ________
AN ORDINANCE RELATING TO ANNEXATION AND ANNEXING
CERTAIN REAL PROPERTY TO THE CITY OF PASCO.
WHEREAS, the City Council of the City of Pasco has declared, its intent to annex the
following described territory to the City of Pasco pursuant to RCW Chapter 35A.14; and
WHEREAS, notice of the public hearing on the proposed annexation has been published
and posted as required by law; and,
WHEREAS, a public hearing on the proposed annexation was held on April 19, 2021.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the following described area, situated in Franklin County, Washington to-
wit:
Franklin County Assessor’s Tax Parcel Nos. 118621037, 118621019, 118621046,
118621028, and 118621055.
That portion of the Northeast Quarter of the Southeast Quarter of Section 22,
Township 9 North, Range 29 East, W.M. lying Westerly of the Westerly right of
way line of Road 52, and lying Southerly of the Northerly right of way line of West
Wernett Road, and Easterly of the Westerly right of way line of Road 56, and lying
Northerly of the following described line:
Beginning at the intersection of the Westerly right of way line of said Road 56 and
the Westerly extension of the North line of Lot 1 of that Short Plat No. 79-2,
recorded in Volume 1 of Short Plats, Page 100, records of Franklin County,
Washington. Thence Easterly to the Northwest corner of said Lot 1; Thence South
Page 152 of 248
Ordinance J& J Kelly Annexation - 2
89°45’54” East along the north line of said Lot 1 a distance of 303.07 feet to the
Northeast corner of said Lot 1; Thence South 1°16’37” West along the East line of
Lots 1 and 2 of said Short Plat 264.06 feet to the South line of the North Half of
said Northeast Quarter of the Southeast Quarter; Thence Easterly along said South
line to the said Westerly right of way line of Road 52 and the terminus of said line.
Situated in Franklin County, Washington.
Together with and subject to Easements, Reservations, Covenants, and
Restrictions, of record and in View, as depicted in the map attached hereto and labeled
Exhibit A.
Section 2. That the Comprehensive Plan of the City of Pasco be and the same is hereby
adopted for the above described tract of land.
Section 3. That said tract of land shall not assume any portion of the existing bonded
indebtedness of the City of Pasco.
Section 4. That said tract of land shall be in Voting District No. 5.
Section 5. That a certified copy of this ordinance be and the same shall be filed with the
Franklin County Commissioners.
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, 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 153 of 248
CITY LIMITSCITY LIMITSCITY LIMITSCITY LIMITSCITY LIMITSROAD57 PlROAD 56ROAD 57ROAD 54W PEARL StBUMPAOUS StW RICHARDSON RdW MELVILLE RdMAGNOLIA CtW LEOLA StW RICHARDSON RdW PEARL StROAD 52W WERNETT Rd0 280 560 840 1,100140FeetExhibit"A"Item: J&J Kelly Construction Zoning DeterminationApplicant: J&J Kelly ConstructionFile #: ZD 2020-001Page 154 of 248
PETITION FOR ANNEXATION TO THE CITY OF PASCO
TO: The City Council of the City of Pasco
525 North Third Avenue
Pasco, Washington 99301
The undersigned, being the owners of not less than sixty percent (60%), in value,
according to the assessed valuation for general taxation, of the real property described in
Exhibit "1" attached hereto, lying contiguous to the City of Pasco, Washington, do hereby
petition that such territory be annexed to and made a part of the City of Pasco under the
provisions of RCW 35.14.120, et seq., and any amendments thereto, of the State of
Washington.
The territory proposed to be annexed is within Franklin County, Washington, and is
described in Exhibit "1," attached hereto.
WHEREFORE, the undersigned respectively petition the Honorable City Council and
ask:
a)That appropriate action be taken to entertain this petition, fixing a date for a
public hearing, causing notice to be published and posted, specifying the time and place of
such hearing, and inviting all persons interested to appear and voice approval or
disapproval of such annexation; and,
b)That following such hearing the City Council determine by Ordinance that
such annexation shall be effective; and that property so annexed shall become a part of the
City of Pasco, Washington, subject to its laws and ordinances then and thereafter enforced.
The Petitioners subscribing hereto agree that all property within the territory hereby
sought to be annexed shall assume any existing indebtedness but will not require
simultaneous adoption of zoning regulations in accordance with the City Council's
acceptance of the Notice of Intention to Commence Annexation as indicated in Resolution
No. 3980 as recorded in the September 81 2020 Council minutes of the City of Pasco,
Washington.
This Petition is accompanied by a diagram, as attached hereto as Exhibit "2" which
outlines the boundaries of the property sought to be annexed.
1
Page 155 of 248
Page 156 of 248
Exhibit
#2
Item: J&J Kelly Construction Annexation
Applicant: J&J Kelly Construction
File #: ANX 2020-002
WU ---GFW•l!i}Mi-1"-S
r-L_l_______J_ .-.1
�_T r I
560
Feet
Annexation
Area
1 , 1 oq,lf\1f-I"LS I '
-lJ
I
EI�•l!i!Mi;r-.S -------..._ ---------._ -------
W+E
l I
I I
.. ri Page 157 of 248
WARNING: Every person who signs this petition with any other than his/her name,
or who knowingly signs more than one of these petitions, or signs a petition seeking an
election when he/she is not a legal voter, or signs a petition when he/she is otherwise not
qualified to sign, or who makes herein any false statement, shall be guilty of a
misdemeanor.
PRAYER OF PETITION: (1) Annexation of area described and depicted in Exhibits "1" and
"2", with (2) assumption of indebtedness of the City of Pasco but without (3) simultaneous
adoption of the City of Pasco Zoning Regulations.
OWNER'S SIGNATURE PRINT NAME/ADDRESS DATE SIGNED
5.
10.
12.
2
Page 158 of 248
Lot# Acres Sq. Ft.
1 118621019 0.41 17,805.88
2 118621028 13.07 569,374.57
3 118621037 0.76 32,896.42
4 118621046 0.61 26,353.83
5 118621055 2.31 100,459.35
17.151 746,890.06
Page 159 of 248
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and
encumbrances on behalf of J �'") Kefl] (Q1ff fl/CrJ() ,.J � C ·and I am further ' ::�g �
vi
ments including Notices of Intent•
;
�;:i:•;
State of Washington
County ofr-rru--\\(l; (\ ): ss. )
I certify that I know or have satisfactory evidence thaJ $ k�\ \ Y is the person who appeared before me, and said person acknowledged that (he/she} signed 'this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the __________ of ____________ to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
-4-h 2021 Given under my hand and official seal thi� day of�...,L-Y::c.e.. . ..:..,ll.___ ___ ____J., 2020
��w�
Page 160 of 248
AGENDA REPORT
FOR: City Council April 15, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 4/19/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Q Ordinance - J&J Kelly Construction Zoning Determination (MF# ZD
2020-001)
I. REFERENCE(S):
Overview Map
Zoning Ordinance
Hearing Examiner Report
Hearing Examiner Recommendation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4528, assigning R -1 zoning to the
J&J Kelly Construction Annexation Area as recommended by the Hearing
Examiner, and further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
3980, No. Resolution passed City Council 2020, 8, September On the
accepting a “Notice of Intent” to commence annexation proceedings for the J&J
Kelly Annexation Area. Part of the annexation process includes establishing
zoning that will take effect upon annexation.
On March 10, 2021, the Hearing Examiner held a hearing to consider a petition
to Restablish -1 (Low-Kelly J&J the the to Residential) Density zoning
Annexation Area, in conjunction with the proposed annexation and in
conformance with the Pasco Comprehensive Land Use Plan.
This item was summarized at the Council Workshop of April 12, 2021.
Page 161 of 248
V. DISCUSSION:
The proposed ordinance will establish the zoning for the annexation area. The
Hearing Examiner recommendation of R-1 zoning (assuming Council
concurrence) will be applied to a future subdivision utilizing municipal water
and sewer for this area.
There has been no written appeal of the Hearing Examiner recommendation.
Staff recommends Council approval of the proposed ordinance.
Page 162 of 248
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 163 of 248
Ordinance – Assigning Zoning to J&J Kelly Annexed Property - 1
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, ASSIGNING R-1 ZONING TO THE J&J KELLY
ANNEXATION AREA AS RECOMMENDED BY THE HEARING
EXAMINER.
WHEREAS, on March 10, 2021, the Hearing Examiner of the City of Pasco conducted a
public hearing to develop a recommendation for the assignment of zoning to certain property in
the event the property was incorporated within the City; and
WHEREAS, on April 19, 2021, Ordinance No. ____, effectively annexed certain real
property to the City of Pasco.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the following described area, situated in Franklin County, Washington to-
wit:
Franklin County Assessor’s Tax Parcel Nos. 118621037, 118621019, 118621046,
118621028, and 118621055.
That portion of the Northeast Quarter of the Southeast Quarter of Section 22, Township 9
North, Range 29 East, W.M. lying Westerly of the Westerly right of way line of Road 52,
and lying Southerly of the Northerly right of way line of West Wernett Road, and Easterly
of the Westerly right of way line of Road 56, and lying Northerly of the following described
line:
Beginning at the intersection of the Westerly right of way line of said Road 56 a nd the
Westerly extension of the North line of Lot 1 of that Short Plat No. 79-2, recorded in
Volume 1 of Short Plats, Page 100, records of Franklin County, Washington. Thence
Easterly to the Northwest corner of said Lot 1; Thence South 89°45’54” East alon g the
north line of said Lot 1 a distance of 303.07 feet to the Northeast corner of said Lot 1;
Thence South 1°16’37” West along the East line of Lots 1 and 2 of said Short Plat 264.06
feet to the South line of the North Half of said Northeast Quarter of the Southeast Quarter;
Thence Easterly along said South line to the said Westerly right of way line of Road 52
and the terminus of said line.
Situated in Franklin County, Washington.
Together with and subject to Easements, Reservations, Covenants, and Restrictions, of
record and in View, as depicted in the map attached hereto and labeled Exhibit A be and
the same is hereby assigned R-1 Low-Density) zoning.
Section 2. That any and all zoning maps be and the same are hereby amended to conform
to the aforesaid assignment of zoning.
Page 164 of 248
Ordinance – Assigning Zoning to J&J Kelly Annexed Property - 2
Section 3. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, 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: ____________________
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CITY LIMITSCITY LIMITSCITY LIMITSCITY LIMITSCITY LIMITSROAD57 PlROAD 56ROAD 57ROAD 54W PEARL StBUMPAOUS StW RICHARDSON RdW MELVILLE RdMAGNOLIA CtW LEOLA StW RICHARDSON RdW PEARL StROAD 52W WERNETT Rd0 280 560 840 1,100140FeetExhibit"A"Item: J&J Kelly Construction Zoning DeterminationApplicant: J&J Kelly ConstructionFile #: ZD 2020-001Page 166 of 248
REPORT TO HEARING EXAMINER
Hearing Examiner
City Hall – 525 North Third Avenue – Council Chambers
WEDNESDAY MARCH 10, 2021
7:00 PM
1
MASTER FILE #: ZD 2020‐001
APPLICANT: J&J Kelly Construction
1802 ROAD 76
Pasco WA 99301
REQUEST: Zoning Determination: Development of a zoning
recommendation for the J&J Kelly Annexation located
south of Wernett Road between Roads 52 and 56.
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal:
Lot 1: The East 151.13' of the North 165.77' of the Northeast ¼ of the Northeast ¼ of the
Southeast ¼ of Section 22, Township 9 North, Range 29 East, W.M (Parcel 118‐621‐028).
Lot 2: The Northeast ¼ of the Northeast ¼ of the Southeast ¼ of Section 22, Township 9
North, Range 29 East, W.M., Except the East 151.13’ of the North 165.77’ thereof; and
except a portion conveyed to Franklin County by instrument recorded under Auditor’s file
No. 48051; Together with the East ½ of the northwest ¼ of the Northeast ¼ of the
Southeast ¼ of Section 22, Township 9 North, Range 29 East, W.M., Except the North
165.77’ of the West 242.26’ thereof; All records of Franklin County, Washington (Parcel
118‐621‐019).
Lot 3: The North 165.77' of the West 242.26' of the East ½ of the Northwest ¼ of the
Northeast ¼ of the Southeast ¼ of Section 22, Township 9 North, Range 29 East, W.M
(Parcel 118‐621‐037).
Lot 4: The North 170' of the West 170' of the West ½ of the Northwest ¼ of the Northeast
¼ of the Southeast ¼ of Section 22, Township 9 North, Range 29 East, W.M (Parcel 118‐
621‐046).
Lot 5: The West ½ of the Northwest ¼ of the Northeast ¼ of the Southeast ¼ of Section
22, Township 9 North, Range 29 East, W.M., Less the South 264' & Less the North 170' of
the West 170' OF West ½ of the Northwest ¼ of the Northeast ¼ of the Southeast ¼ (Parcel
118‐621‐055).
General Location: In the area south of Wernett Road between Roads 52 and 56.
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Property Size:
Lot
# APN Acres Sq. Ft.
1 118621019 0.41 17,805.88
2 118621028 13.07 569,374.57
3 118621037 0.76 32,896.42
4 118621046 0.61 26,353.83
5 118621055 2.31 100,459.35
TOTALS 17.15 746,890.06
2. ACCESS: The site is accessed from Roads 52 and 56, and Wernett Road
3. UTILITIES: Water is available to the proposed annexation area via 6” and 12” lines in Road
56 and Wernett Road, respectively. Applicant is working with the City Engineers to bring
sewer service to the site.
4. LAND USE AND ZONING: The site is located in the County and is currently zoned RS‐20
(Suburban District) and is occupied by three single‐family dwelling units, and three
outbuildings. A Federal floodplain runs near the southwest corner of the proposed
annexation area.
Surrounding properties are zoned and developed as follows:
NORTH: RS‐20 SFDUs
EAST: RS‐20 (County) SFDUs
SOUTH: RS‐20 (County) SFDUs; Vacant Land; Floodplain
WEST: RS‐20 SFDUs; Vacant Land
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Low‐Density
Residential. Goal H‐2 suggests the City strive to maintain a variety of housing options for
residents of the community including single‐family housing. Land Use goal LU‐2 directs
the City to “maintain established neighborhoods and ensure new neighborhoods are safe
and enjoyable places to live, and Policy LU‐2‐A, “Design major streets, schools, parks, and
other public facilities that will encourage the individual identities of neighborhoods.”
ANALYSIS
The City is in the process of annexing five parcels into the City. The annexation petitioners are
seeking to rezone the site consistent with the Low‐Density Residential land use designation.
The site contains approximately 17.15 acres and is located in the area south of Wernett Road
between Roads 52 and 56. Surrounding contiguous properties to the north and west were
annexed in 2012 (Ordinance 4077).
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3
The parcels are all located within the Urban Growth Area (UGA), and also within one of several
county islands; all parcels in the proposed annexation area are designated by the Comprehensive
Plan map for Low Density Residential. The Description and Allocation Table of the Comprehensive
Plan specifies that Low‐Density Residential areas allow for RS‐20, RS‐12, R‐S‐1, R‐1, and R‐1‐A
zoning, with residential development at a density of 2 to 5 dwelling units per acre. Criteria for
annexation in these areas include sewer availability, land suitable for home sites, market
demand, and sites approved by the Benton‐Franklin Health District when sewer is not available.
Applicant is working with the City to participate in installing a small sewer lift station that will
ultimately serve approximately 120 Residential Units. Applicant shall be required to install gravity
sanitary sewer infrastructure per City of Pasco requirements and pay a proportionate share of
the lift station. This sewer lift station project will allow greater residential density (more lots) in
the lift station improvement area.
The proposed annexation area is within the City’s service area as identified in the Comprehensive
Water and Sewer Plans. Both of these plans based future services need within the annexation
area for more intense land uses as identified in the land use map of the Comprehensive Plan.
Water is available to the proposed annexation area via 6” and 12” lines in Road 56 and Wernett
Road, respectively.
Land annexed within the Riverview area typically adopts the current County zoning designation
for that parcel, which is RS‐20 (Suburban) for all parcels. However with the availability of sewer
more density may be contemplated; Applicant is requesting R‐1 (low‐density Residential) zoning
for the area. R‐1 zoning allows for a 7,200 square‐foot minimum lot size rather than the 20,000
square‐foot minimum of the RS‐20 zoning district.
The initial review criteria for considering a rezone application are explained in PMC 25.88.030.
The criteria are listed below as follows:
1. The changed conditions in the vicinity which warrant other or additional zoning:
The site in question is in process of being annexed.
The site is located within the Pasco Urban Growth Boundary.
The site is located within one of the County islands surrounded by City‐annexed lands.
Surrounding properties to the north and west were annexed in 2012.
Surrounding properties are mostly developed with single‐family dwellings.
Water service is available to the site via Road 56 and Wernett Road.
Applicant and the City are currently negotiating to deliver sewer service to the site.
2. Facts to justify the change on the basis of advancing the public health, safety and general
welfare.
The property in process of being annexed and needs to be zoned. The justification for the zoning
designation is the fact that if a zoning designation is not determined the property could become
annexed without zoning. For the advancement of the general welfare of the community the
property needs to be zoned consistent with the Comprehensive Plan. The proposed zoning would
incorporate a higher density zoning than that currently existing in the County, based on the
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4
proposal to bring sewer services to the site, but still within the Comprehensive Plan Low‐Density
Land Use designation.
3. The effect rezoning will have on the nature and value of adjoining property and the
Comprehensive Plan.
The proposed zoning will be a higher density than the existing County zoning for the property.
R‐1 (Low‐density Residential) zoning is supported by the Comprehensive Plan when utilities are
available, and would be considered a proper implementation of the Plan. The nature and value
of surrounding properties will likely be impacted by increased density, increased traffic, greater
efficiency of service delivery and thus lower per‐capita costs, as the result of proximity to said
zoning. Applicant is working with the City to participate in a small sewer lift station that will
ultimately serve approximately 120 Residential Units. Applicant shall be required to install gravity
sanitary sewer infrastructure per City of Pasco requirements and pay a proportionate share of
the lift station. This sewer lift station project will allow greater residential density (more lots) in
the lift station improvement area.
4. The effect on the property owners or owner if the request is not granted.
Without the annexation area being assigned a specific zoning district, the area will essentially be
un‐zoned upon annexation. The area needs to be zoned for the benefit of the property owners
and property owners adjoining the proposed annexation area.
5. The Comprehensive Plan land use designation for the property.
The Plan indicates the proposed annexation area can be zoned RS‐20, RS‐12, R‐S‐1, R‐1, or R‐1‐
A. The proposed zoning, R‐1 falls within the accepted range.
INITIAL STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from
the background and analysis section of the staff report. The Planning Commission may add
additional findings to this listing as the result of factual testimony and evidence submitted during
the open record hearing.
1. Public notice of this hearing was posted in the Tri‐City Herald, and sent to property
owners within 300 feet of the property on February 25, 2021.
2. The Comprehensive Plan designates the site for Low‐Density Residential.
3. Goal H‐2 suggests the City strive to maintain a variety of housing options for residents
of the community including single‐family housing.
4. Land Use goal LU‐2 directs the City to “maintain established neighborhoods and
ensure new neighborhoods are safe and enjoyable places to live.
5. Policy LU‐2‐A, “Design major streets, schools, parks, and other public facilities that will
encourage the individual identities of neighborhoods.”
6. An MDNS was issued on December 3, 2020.
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5
7. As per the MDNS a non‐intrusive cultural resources survey from a qualified
professional shall be prepared and submitted to the City for approval before any site
improvements may begin.
8. The City is in the process of annexing five parcels into the City.
9. The annexation petitioners are seeking to rezone the site to R‐1 zoning.
10. The site contains approximately 17.15 acres.
11. The site is located south of Wernett Road between Roads 52 and 56.
12. Surrounding contiguous properties to the north and west were annexed in 2012
(Ordinance 4077).
13. The parcels are all located within the Urban Growth Area (UGA);
14. All parcels are located within a County island.
15. The area is designated Low Density Residential by the Comprehensive Plan map.
16. The Comprehensive Plan specifies Low‐Density Residential areas allow for RS‐20, RS‐
12, R‐S‐1, R‐1, and R‐1‐A.
17. Comprehensive Plan Low‐Density Residential areas allow residential development at
a density of 2 to 5 dwelling units per acre.
18. Criteria for annexation in these areas include
a. Sewer availability,
b. Land suitable for home sites,
c. Market demand, and
d. Sites approved by the Benton‐Franklin Health District when sewer is not available.
19. Applicant is working with the City to participate in a small sewer lift station that will
ultimately serve approximately 120 Residential Units.
20. Applicant shall be required to install gravity sanitary sewer infrastructure per City of
Pasco requirements and pay a proportionate share of the lift station.
21. This sewer lift station project will allow greater residential density (more lots) in the
lift station improvement area.
22. Water is available to the proposed annexation area via 6” and 12” lines in Road 56
and Wernett Road, respectively.
23. Current County zoning is typically adopted for Land annexed within the Riverview
area.
24. Current County zoning is RS‐20 (Suburban) for all parcels.
25. More density may be contemplated with the availability of sewer;
26. Applicant is requesting R‐1 (low‐density Residential) zoning for the area.
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6
27. R‐1 zoning allows for a 7,200 square‐foot minimum lot size rather than the 20,000
square‐foot minimum of the
28. RS‐20 zoning requires a 20,000 square‐foot minimum lot size.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone the Planning Commission must develop its
conclusions from the findings of fact based upon the criteria listed in PMC 25.88.060 and
determine whether or not:
1. The proposal is in accord with the goals and policies of the Comprehensive Plan.
Zoning the proposed annexation site to R‐1 supports Plan Policy H‐1‐E.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
Rezoning the proposed annexation area R‐1 will cause the site to be consistent with the
Comprehensive Plan.
3. There is merit and value in the proposal for the community as a whole.
There is merit and value in following the guidance of the Comprehensive Plan when
assigning zoning to properties within the community. The Plan has indicated this property
should be zoned low‐density residential. Rezoning the area R‐1 will lead to additional
housing opportunities for Pasco residents.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from
the proposal.
The proposal is consistent with the Comprehensive Plan and no mitigation measures are
needed. Applicant is working with the City to participate in a small sewer lift station that
will ultimately serve approximately 120 Residential Units. Applicant shall be required to
install gravity sanitary sewer infrastructure per City of Pasco requirements and pay a
proportionate share of the lift station. This sewer lift station project will allow greater
residential density (more lots) in the lift station improvement area.
5. A concomitant agreement should be entered into between the City and the petitioner,
and if so, the terms and conditions of such an agreement.
A concomitant agreement is not needed.
RECOMMENDATION
Staff recommends the City Council zone the J&J Kelly Annexation Area to R‐1 as depicted on the
proposed zoning map (“Exhibit 1”) attached to the March 10, 2021 Hearing Examiner report.
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CITY LIMITS
CITY LIMITS
CITY LIMITSCITY LIMITSROAD 44ROAD 52CHAPEL HILL Blvd
SARATOGA LnROAD 36W ARGENT Rd ROAD 44W WERNETT Rd ROAD 36W AR
G
E
N
T
R
d
ROAD 60W SYLVESTER St ROAD 36W COURT StROAD 68US 395 SI-182
W
I-182
E
Pasco GIS, USDA FSA, GeoEye, Maxar
0 1,000 2,000 3,000 4,000500
Feet
Overview
Map
Item: Zoning Determination J&J Kelly Annexation
Applicant: J&J Kelly Construction
File #: ZD 2020-001
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CITY LIMITS
CITY LIMITS
CITY LIMITS
CITY LIMITS
ROAD57 PlROAD 56ROAD 57ROAD 54BUMPAOUS St
W PEARL St
W RICHARDSON Rd
W MELVILLE Rd
MAGNOLIA Ct
W RICHARDSON Rd
W LEOLA St
W PEARL StROAD 52W WERNETT Rd
Pasco GIS, GeoEye, Maxar, Microsoft
0 280 560 840 1,100140
Feet
Vicinity
Map
Proposed
Annexation
Area
Item: Zoning Determination J&J Kelly Annexation
Applicant: J&J Kelly Construction
File #: ZD 2020-001
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ChurchResidential
- Other Residential - OtherResidential - Other
Residential- OtherResidential - OtherResidential
- Other Residential- OtherResidential- OtherResidential
- Other
Residential
- OtherResidential
- Other
Residential - Other
Residential
- Other
Residential- OtherResidential
- Other Reside
n
t
i
a
l
- Othe
r
Reside
n
t
i
a
l
- Othe
rResidential- OtherResidential
- Other
Residential
- Other
Residential
- Other
SFDU
SFDUSFDUSFDUSFDU SFDUSFDU
SFDUSFDU
SFDU
SFDU
SFDU SFDUSFDUSFDU
SFDU
SFDUSFDU
SFDU
SFDUSFDU
SFDU
SFDU
SFDU
SFDU
SFDUSFDUVacant VacantVacant
Vacant VacantVacant VacantVacant
Vacant
Vacant VacantCITY LIMITS
CITY LIMITS
CITY LIMITS
CITY LIMITS
ROAD57 PlROAD 56ROAD 57ROAD 54BUMPAOUS St
W PEARL St
W RICHARDSON Rd
W MELVILLE Rd
MAGNOLIA Ct
W RICHARDSON Rd
W LEOLA St
W PEARL StROAD 52W WERNETT Rd
0 280 560 840 1,100140
Feet
Land Use
Map
Proposed
Annexation
Area
Item: Zoning Determination J&J Kelly Annexation
Applicant: J&J Kelly Construction
File #: ZD 2020-001
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RS-20
RS-20 RS-20
RS-20
RS-20
RS-20
RS-20
(County)
RS-20
(County)
RS-20
(County)
CITY LIMITS
CITY LIMITS
CITY LIMITS
CITY LIMITS
ROAD57 PlROAD 56ROAD 57ROAD 54BUMPAOUS St
W PEARL St
W RICHARDSON Rd
W MELVILLE Rd
MAGNOLIA Ct
W RICHARDSON Rd
W LEOLA St
W PEARL StROAD 52W WERNETT Rd
0 280 560 840 1,100140
Feet
Zoning
Map
Proposed
Annexation
Area
Item: Zoning Determination J&J Kelly Annexation
Applicant: J&J Kelly Construction
File #: ZD 2020-001
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Low Density Residential
Low Density Residential
Low Density
Residential
Low Density Residential
CITY LIMITS
CITY LIMITS
CITY LIMITS
ROAD57 PlROAD 56ROAD 57ROAD 54BUMPAOUS St
W PEARL St
W RICHARDSON Rd
W MELVILLE Rd
MAGNOLIA Ct
W RICHARDSON Rd
W LEOLA St
W PEARL StROAD 52W WERNETT Rd
0 280 560 840 1,100140
Feet
Comp Plan
Map
Proposed
Annexation
Area
Item: Zoning Determination J&J Kelly Annexation
Applicant: J&J Kelly Construction
File #: ZD 2020-001
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Looking North
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Looking Northeast
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Looking East
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Looking Southeast
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Looking South
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Looking Southwest
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Looking West
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Looking Northwest
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Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
NOTICE OF PUBLIC HEARING
Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y
Económico de la Ciudad de Pasco a 509‐545‐3441.
PLEASE TAKE NOTICE that the Pasco Hearing Examiner will hold a public hearing to consider the establishment of zoning (Master File#
ZD 2020‐001) for the unincorporated property identified below in the event such property is annexed to the City of Pasco. R‐1 (Low‐
density Residential) Single‐Family zoning is being considered.
General Location:
LEGAL DESCRIPTION: Real property in the County of Franklin, State of Washington, described as follows:
Franklin County Assessor’s Tax Parcel No.s 118621037, 118621019, 118621046, 118621028, and 118621055.
That portion of the Northeast Quarter of the Southeast Quarter of Section 22, Township 9 North, Range 29 East, W.M. lying Westerly
of the Westerly right of way line of Road 52, and lying Southerly of the Northerly right of way line of West Wernett Road, and Easterly
of the Westerly right of way line of Road 56, and lying Northerly of the following described line:
Beginning at the intersection of the Westerly right of way line of said Road 56 and the Westerly extension of the South line of Lot 1 of
that Short Plat No. 79‐2, recorded in Volume 1 of Short Plats, Page 100, records of Franklin County, Washington. Thence Easterly to
the Southwest corner of said Lot 1; Thence South 89°45’54” East along the south line of said Lot 1 a distance of 303.15 feet to the
Southeast corner of said Lot 1; Thence South 1°16’37” West along the East line of Lot 2 of said Short Plat 48.46 feet to the South line
of the North Half of said Northeast Quarter of the Southeast Quarter; Thence Easterly along said South line to the said Westerly right
of way line of Road 52 and the terminus of said line.
Situated in Franklin County, Washington.
Together with and subject to Easements, Reservations, Covenants, and Restrictions, of record and in View.
Specific Location: Near the southwest corner of Road 52 and Wernett Road.
THEREFORE, LET ALL CONCERNED TAKE NOTICE that a Public Hearing will be held by the Hearing Examiner of the City of Pasco,
Washington, in the City Council Chambers, Pasco City Hall, 525 N 3rd Ave at the hour of 6:00 p.m., Wednesday, March 10, 2021, so
that all concerned may appear and present any objections or support for the establishment of zoning classifications for the proposed
annexation area. If you have questions on the proposal, contact the Planning Division at (509) 545‐3441 or via e‐mail to:
adamsj@pasco‐wa.gov.
If you wish to participate in the virtual hearing, please register at least 2 hours prior to the meeting at the
following registration link:
www.pasco‐wa.gov/publiccomment
After registering, you will receive a confirmation email containing information about joining the webinar.
Public Comment Period: Written comments submitted to the Community Development Department by 5:00 p.m. on March 10, 2021
will be included in the Hearing Examiner’s meeting packet. You may also submit comments at the Hearing Examiner meeting advertised
above. Prepared 02/25/21 by: Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545‐3441.
The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be
excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment
at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least
ten days prior to the date of the meeting to make arrangements for special needs.
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CITY LIMITS
CITY LIMITS CITY LIMITS
CITY LIMITS
CITY LIMITS
ROAD57 PlROAD 56ROAD 57ROAD 54W PEARL St
BUMPAOUS St
W RICHARDSON Rd
W MELVILLE Rd
MAGNOLIA Ct
W LEOLA St
W RICHARDSON Rd
W PEARL StROAD 52W WERNETT Rd
0 280 560 840 1,100140
Feet
Exhibit
#2
Proposed
Annexation
Area
Item: J&J Kelly Construction Annexation
Applicant: J&J Kelly Construction
File #: ANX 2020-002
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City of Pasco Hearing Examiner Page 1 of 3
Recommendation, Rezone, ZD 2020-001
CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
ZONING DETERMNATION RECOMMENDATION
J&J Kelly Construction Rezone, ZD 2020-001
March 25, 2021
_______________________________________________
1. FINDINGS OF FACT
1.1 Proposal. Rezone a 17.15 acre site containing five parcels within the Urban
Growth Area from RS-20 (Suburban) to R-1 (Low Density Residential).
Location. South of Wernett Road between Roads 52 and 56, Pasco, WA 99301.
Assessor Parcel Nos. 118-621-028, 118-621-019, 118-621-037, 118-621-046, and
118-621-055.1
Applicant. J&J Kelly Construction, 1802 Road 76, Pasco, WA 99301.
1.2 Land Use, Designations, and Rezone Request. The five-parcel site, containing
three single-family residences and three outbuildings, is located in the County. The City is in the
process of annexing it. Land annexed within the Riverview area typically adopts the current
County zoning designation, which is RS-20. However, with the availability of sewer, more
density would be contemplated, and the Applicant is requesting R-1 zoning. The Comprehensive
Plan designates the site Low Density Residential, which allows for R-1 zoning. R-1 zoning
allows a 7,200 square foot minimum lot size, rather than the 20,000 square foot minimum of RS-
20. All surrounding properties are zoned RS-20 and include single-family residences, vacant
land, and floodplain.
1.3 Annexation. The annexation is not before the Examiner. Once the Examiner’s
zoning determination is made, it will be forwarded to the City Council for the public hearing on
the annexation. If annexed, the Council would adopt a separate ordinance zoning the property.2
1.4 SEPA. The Community and Economic Development Department (“Department”)
issued an unappealed Mitigated Determination of Non-Significance requiring a non-intrusive
cultural resources survey from a qualified professional be prepared and submitted to the City for
approval before any site improvements may begin.3
1.5 Evidence Reviewed. The Examiner admitted the Department’s Staff Report,
which attached maps (overview, vicinity, use, zoning, and comprehensive plan), photographs of
the surrounding area, an annexation area map, and public comment. Several public comments
(along with a Department response to comment) were received just before and after the hearing
and admitted. Except as revised, the Staff Report is incorporated.
1 The Staff Report contains the legal descriptions.
2 PMC 25.220.020.
3 Staff Report, pp. 4-5.
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City of Pasco Hearing Examiner Page 2 of 3
Recommendation, Rezone, ZD 2020-001
1.6 Hearing. A properly noticed open record public hearing was held on March 10,
2021.4 Due to COVID-19 restrictions, the hearing was conducted remotely, with the Examiner,
Department, and Applicant calling in. Access information was available to the public to allow
citizens to join via either a video link or telephone call-in. There were no reported technical
difficulties during the call or afterwards. However, in case any citizens who wished to comment
had difficulty calling in, the record was kept open through March 12. Additional public
comments were submitted. The Department, through Mr. Adams, summarized the proposal and
the Applicant, Mr. Kelly, testified. There was citizen testimony from Mr. Bockman, who
opposed the rezone, which increases allowed densities.
1.7 Notice. Notice was mailed to property owners within 300 feet and published in
the Tri-City Herald. No concerns with notice were raised. Notice met code requirements.5
1.8 Written Public Comment. Written public comment supported and opposed the
rezone. Comments in support emphasized the need for housing. Comments in opposition
emphasized the impacts of a density increase and the resulting change in neighborhood character
and transportation concerns.
1.7 Utilities. Municipal water is available in Road 56 and Wernett Road. The
Applicant is working with City engineers to bring sewer service to the site.
1.9 Access. Roads 52 and 56, and Wernett Road.
1.10 Rezone Considerations. A rezone to R-1 implements the Comprehensive Plan,
and is in accord with its goals and policies, which encourage development of lands designated
for low-density residential uses when or where utilities are available, the location is suitable for
single-family residences, and there is a market demand for such residences. The rezone allows
for constructing single-family housing, for which there is market demand in Pasco, and
contributes to a variety of housing options for community residents.
Public concern over the rezone, as reflected in written comment, is largely based on the
increase in density. The site is surrounded by RS-20 zoning and single-family homes, with
vacant lands to the south and west, and floodplain to the south. The rezone does provide a
modest density increase, which supports Plan housing and affordability goals. The increase is a
function of annexation, and sewer availability, as the property is being added to urbanizing area.
2. CONCLUSIONS
The Comprehensive Plan is central is considering zoning associated with an annexation
proposal. “The establishment of zoning for annexation areas shall be guided by the land use
designations and policies of the Comprehensive Plan.”6 In zoning recommendations not
involving an annexation, the Comprehensive Plan is also a central consideration, but other
criteria are also considered.
4 Staff Report, p. 4; PMC 25.210.040. No notice concerns were raised.
5 Staff Report, p. 4; PMC 25.210.040 and 25.220.020.
6 PMC 25.220.030.
Page 189 of 248
Page 190 of 248
AGENDA REPORT
FOR: City Council April 14, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 4/19/21
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: *Ordinance - Carryover Funds for Capital Projects from 2019-2020
Biennium
I. REFERENCE(S):
Ordinance - Budget Amendment
Capital Projects with Proposed Budgets
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ___, amending the 2021 -2022
Biennial Budget (Ordinance No. 4503) of the City of Pasco, Washington, by
providing supplement thereto; to provide for additional appropriation from the
carryover of the prior year budget to complete capital projects, and further,
authorize publication by summary only.
III. FISCAL IMPACT:
Various Funds - $57,103,521
IV. HISTORY AND FACTS BRIEF:
Budget carry forward/carryover for capital projects is a business standard
adopted by a majority of organizations. This process accommodates project
schedules crossing budget periods and schedule delays. The City of Pasco
had not adopted this process, resulting in staff expending significant time to
make estimates for the year during the budgeting process and resulting in
inaccurate budget authorizations when such basis of estimates changed.
During 2021-2022 Biennial Budget preparation, staff recommended a change
in the budgeting process to allow for the carryover budgeting for capital
projects. Operational budgets will continue to be authorized during the biennial
budgeting process and any changes to the budget will be brought to Council as
such needs are identified.
Page 191 of 248
Staff has reimplemented a project accounting module in the financial system
that allows for the tracking of the project budgets in a more effective and
centralized manner.
V. DISCUSSION:
Staff has prepared a carryover budget adjustment request to Council, which is
attached. The carryover requests are calculated with not just an authorized
budget at the time of its approval, but new information provided by various
departments. Favorable bidding terms, changes in anticipated grant funding,
and other new information have reduced the project budgets by $17M. Staff
has reduced the budget where necessary; however, any request to increase
budget will be routed to Council as such needs are identified.
In addition to authorization of carryover funding, staff is requesting additional
project allocation for Maitland Lift Station ($96K) and Wrigley Drive Extension
($39K). Allocation for Wrigley Drive Extension was an omission error on staff's
part during the 2019-2020 budget adjustment, and Maitland Lift Station costs
are expected to be higher than previously anticipated costs.
Staff presented to Council during March 19th Council Workshop meeting. Due
to the benefit to project management process for City's significant capital
programs, staff recommends approval of the attached ordinance.
Page 192 of 248
Ordinance – 2021 Biennial Budget Amendment – 2 1
ORDINANCE NO. ____
AN ORDINANCE AMENDING THE 2021-2022 BIENNIAL
BUDGET (ORDINANCE NO. 4503) OF THE CITY OF PASCO,
WASHINGTON, BY PROVIDING SUPPLEMENT THERETO; TO
PROVIDE FOR ADDITIONAL APPROPRIATION FROM THE
CARRYOVER OF PRIOR YEAR BUDGET TO COMPLETE CAPITAL
PROJECTS.
WHEREAS, on December 7, 2021, the Pasco City Council approved Ordinance No. 4503,
adopting the 2021-2022 Biennial Budget.
WHEREAS, it is necessary to carry over unexpended appropriations from the prior budget
period to the current budget period for uncompleted capital improvement projects.
WHEREAS, the Pasco Finance Department, in coordination with Administrative and
Community Services Department, Fire Department and Public Works Department, determined
carryover funds available to individual capital improvement projects.
WHEREAS, the application of funds have been identified and the City Council of the
City of Pasco finds and determines that such amendment of the 2021-2022 Biennial Budget is in
the best interests of residents of the City of Pasco and will promote the general health, safety and
welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to RCW 35A.34.200, the 2021-2022 Biennial Budget be and the same
is hereby amended to provide for carry forward of unexpended balances of a preceding budget,
amending revenues, transfers in, expenditures, and transfers out by providing authority for any
necessary transfer of money within or between funds indicated, and their subsequent impact to
end fund balance:
Fund EXPENDITURES REVENUE
GENERAL FUND 7,235,761
ARTERIAL STREET FUND 413,904
I-182 CORRIDOR TRAFFIC IMPACT FUND 824,370
STREET OVERLAY FUND 1,360,370
COMMUNITY DEVELOPMENT GRANT FUND 4,147,634
PARK DEVELOPMENT FUND 2,371,034
CAPITAL IMPROVEMENT FUND - REET 2,459,880
STADIUM/CONVENTION CENTER FUND 810,480
GENERAL CAPITAL PROJECTS 39,053,849 39,053,849
WATER/SEWER UTILITY FUND 18,185,117 6,093,523
Total 76,862,399 45,147,372
Page 193 of 248
Ordinance – 2021 Biennial Budget Amendment – 2 2
Section 2. That the additions in appropriations and expenditures are hereby declared to
exist in the above funds for the said uses and purposes as shown above and the proper City officials
are hereby authorized and directed to issue warrants and transfer funds in accordance with the
provision of the Ordinance.
Section 3. Except as amended herein, Ordinance No. 4503 as previously adopted
heretofore shall remain unchanged
Section 4. This ordinance, being an exercise of a power specifically delegated to the City
legislative body, is not subject to referendum, and shall take full force and effect five (5) days after
approval, passage and publication as required by law.
Adopted by the City Council of the City of Pasco, Washington this ___ day of _____,
202_.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published: ___________________________
Page 194 of 248
Category Project Number Project Name Charge Code Name 2021 Carryover2021-2022 Budgeted Allocation Increase Project Budget Grand Total01 CIP Gen Govt 19 997GESA Stadium Improvement Secured LTGO Bond 810,478 810,478GESA Stadium Improvement Total810,478 810,47821 213City Hall Remodel Phase II Funded By Fund 193 REET1 62,887 62,887City Hall Remodel Phase II Total62,887 62,88721 257Community Center Secured LTGO Bond 1,150,000 1,150,000Community Center Total1,150,000 1,150,00021 262Wayfinding and Signage Funded by General Fund 415,000 415,000Wayfinding and Signage Total415,000 415,00001 CIP Gen Govt Total2,438,365 2,438,36502 CIP Econ Dev 17 999Animal Shelter Facility Secured LTGO Bond 1,944,379 1,944,379Secured City of Kennewick 1,911,721 1,911,721Secured City of Richland 1,911,721 1,911,721Animal Shelter Facility Total5,767,821 5,767,82102 CIP Econ Dev Total5,767,821 5,767,82103 CIP Transport 12 001Argent Road Widening (Road 36th to 20th Ave) Secured Columbia Basin College 800,000 800,000Secured Port of Pasco 716,438 716,438Transfer from Arterial Fund 85,442 85,442Argent Road Widening (Road 36th to 20th Ave) Total1,601,880 1,601,88013 007Lewis Street Overpass Secured Connecting Washington 1,909,782 11,385,630 13,295,412Secured Washington State Department of Transportation MVA 4,400,000 4,400,000Secured Washington State TIB 5,000,000 5,000,000Transfer from Arterial Fund 118,381 6,000 124,381Transfer from Street Overlay Fund 891,099 2,987,000 3,878,099Transfer from Fund 193 REET2 128,821 128,821Transfer from Water Fund 137,000 137,000Transfer from Stormwater fund 165,000 165,000Lewis Street Overpass Total12,750,083 14,378,630 27,128,71315 009Wrigley Drive Extension Secured Washington State STP 223,555 39,445 263,000Transfer from Arterial Fund 2,395 2,395Transfer from Water Fund 47,655 47,655Transfer from Irrigation Fund 19,655 19,655Transfer from Sewer Fund 31,655 31,655Transfer from Stormwater fund 45,060 45,060Wrigley Drive Extension Total369,975 39,445 409,42016 010James Street Improvements Transfer from Street Overlay Fund 469,271 469,271James Street Improvements Total469,271 469,27117 014City Wide Traffic Signal Improvements ? Phase 2 Secured United States Department of Transportation HIP 405,987 405,987Secured United States Department of Transportation STBG 1,402,058 748,711 2,150,769Secured United States Department of Transportation TAP 146,891 146,891Transfer from Arterial Fund 51,428 51,428Transfer from I-182 Impact Fund 107,932 530,000 637,932City Wide Traffic Signal Improvements ? Phase 2 Total1,708,309 1,684,698 3,393,00719 043Court Street & Road 68 Intersection Improvements Secured United States Department of Transportation STBG 86,352 64,875 151,227Transfer from Arterial Fund 5,390 5,390Transfer from I-182 Impact Fund75,000 75,000Court Street & Road 68 Intersection Improvements Total91,742 139,875 231,61720 007Lewis Street Corridor Improvements - 2nd to 5th Ave Secured Washington State Legislative Grant339,000 339,000Unsecured Unknown Federal Grant530,000 530,000Transfer from CDBG Fund 292,634 348,000 640,634Funded By Fund 193 REET1 175,870 368,000 543,870Transfer from Stormwater fund 100,000 100,000Lewis Street Corridor Improvements - 2nd to 5th Ave Total568,504 1,585,000 2,153,50420 008Signage & Striping Improvements at Rd 68 & Burden Blvd Secured Federal STPUL 177,771 177,771Transfer from Arterial Fund 21,866 21,866Signage & Striping Improvements at Rd 68 & Burden Blvd Total199,637 199,63720 009Road 68 Widening - South of I-182 Secured Federal STPUL 192,639 192,639Transfer from Arterial Fund 64,905 64,905Road 68 Widening - South of I-182 Total257,544 257,54420 010Argent Road Widening (Road 36 to Saraceno) Secured Columbia Basin College00Page 195 of 248
Category Project Number Project Name Charge Code Name 2021 Carryover2021-2022 Budgeted Allocation Increase Project Budget Grand Total03 CIP Transport 20 010Argent Road Widening (Road 36 to Saraceno) Secured Port of Pasco00Transfer from Arterial Fund 64,097 420,000 484,097Argent Road Widening (Road 36 to Saraceno) Total64,097 420,000 484,09720 012Burns Road Pathway - Phase 1 (Rd 100 to Rd 90) Transfer from Fund 193 REET2 19,170 152,000 171,170Burns Road Pathway - Phase 1 (Rd 100 to Rd 90) Total19,170 152,000 171,17020 101North Industrial Way Infiltration Retrofit Project & Overlay Transfer from Street Overlay Fund500,000 500,000Transfer from Stormwater fund 150,000 150,000North Industrial Way Infiltration Retrofit Project & Overlay Total150,000 500,000 650,00020 102Court Street Overlay Transfer from Street Overlay Fund550,000 550,000Court Street Overlay Total550,000 550,00021 225Burns Road Pathway - Phase 2 (Rd 90 to 84) Transfer from Fund 193 REET2 23,000 111,000 134,000Burns Road Pathway - Phase 2 (Rd 90 to 84) Total23,000 111,000 134,00021 226Burns Road Pathway - Phase 3 (Rd 84 to 68) Transfer from Fund 193 REET2 23,000 23,000Burns Road Pathway - Phase 3 (Rd 84 to 68) Total23,000 23,00021 227Sylvester Street Safety Program - Phase 1 Secured Washington State HSIP469,000 469,000Transfer from Arterial Fund52,000 52,000Sylvester Street Safety Program - Phase 1 Total521,000 521,00021 228Sylvester Street Safety Program - Phase 2 Secured Washington State HSIP00Unsecured Washington State HSIP381,000 381,000Transfer from Fund 193 REET295,000 95,000Sylvester Street Safety Program - Phase 2 Total476,000 476,00021 229Argent Road Widening (Intersection Improvement) Secured Columbia Basin College310,000 310,000Secured Port of Pasco310,000 310,000Transfer from Arterial Fund00Argent Road Widening (Intersection Improvement) Total620,000 620,00021 230South 10th Ave and W Lewis Street Advanced Intersection Warning Secured Washington State HSIP41,900 41,900Transfer from Arterial Fund6,000 6,000South 10th Ave and W Lewis Street Advanced Intersection Warning Total47,900 47,90021 231Sandifur Parkway Widening - Road 52 to Road 60 Transfer from Street Overlay Fund458,000 458,000Sandifur Parkway Widening - Road 52 to Road 60 Total458,000 458,00021 232Pedestrian/Bicycle Access Sylvester Street Overpass Unsecured Unknown State Grant200,000 200,000Transfer from Arterial Fund100,000 100,000Pedestrian/Bicycle Access Sylvester Street Overpass Total300,000 300,00021 233Pedestrian/Bicycle Access Road 100 Interchange Unsecured Unknown State Grant102,000 102,000Transfer from Arterial Fund18,000 18,000Pedestrian/Bicycle Access Road 100 Interchange Total120,000 120,00021 234North Road 100 Pedestrian/Bicycle Improvements Funded By Fund 193 REET1350,000 350,000North Road 100 Pedestrian/Bicycle Improvements Total350,000 350,00021 235Annual Pavement Preservation Transfer from Street Overlay Fund728,000 728,000Annual Pavement Preservation Total728,000 728,00003 CIP Transport Total18,296,212 23,142,103 39,445 41,477,76005 CIP Parks Rec 16 001Sacajawea Heritage Trail Levee Lowering Unsecured Washington State Recreation Conservation Office 151,000 1,827,000 1,978,000Funded by General Fund00Funded By Fund 193 REET1 39,688 830,000 869,688Sacajawea Heritage Trail Levee Lowering Total190,688 2,657,000 2,847,68816 014Peanuts Park Restoration Secured Washington State Legislative Grant 150,000 150,000Secured Housing and Urban Development Section 108 3,800,000 3,800,000Funded by General Fund 1,205,744 1,205,744Transfer from Fund 193 REET2 1,184,809 1,184,809Peanuts Park Restoration Total6,340,553 6,340,55316 999Schlagel Park Boating Facilities Updates Secured Washington State Recreation Conservation Office 563,933 563,933Funded By Fund 193 REET1 210,591 210,591Schlagel Park Boating Facilities Updates Total774,524 774,52418 998Softball Complex Updates Funded By Fund 193 REET1 240,000 240,000Softball Complex Updates Total240,000 240,00018 999Chapel Hill Park Funded By Park Development Fund 626,058 626,058Chapel Hill Park Total626,058 626,05821 155A Street Sports Complex Phase 1 Secured Washington State Recreation Conservation Office 328,548 328,548Funded By Park Development Fund 170,846 170,846
Page 196 of 248
Category Project Number Project Name Charge Code Name 2021 Carryover2021-2022 Budgeted Allocation Increase Project Budget Grand Total05 CIP Parks Rec 21 155 A Street Sports Complex Phase 1 Total499,394 499,39421 212Road 48 Park Unfunded - No Revenue Identified50,000 50,000Road 48 Park Total50,000 50,00021 217Marina Dock B Replacement Funded by Funded By Rivershore Trail and Marina Maintenance Fund 200,000 200,000Marina Dock B Replacement Total200,000 200,00021 218Highland Park Improvements Unsecured Unknown35,000 35,000Transfer from CDBG Fund 55,000 55,000Funded By Park Development Fund75,000 75,000Transfer from Fund 193 REET2 62,929 62,929Highland Park Improvements Total152,929 75,000 227,92921 219Road 84 Park Funded By Park Development Fund 154,130 270,000 424,130Road 84 Park Total154,130 270,000 424,13021 220Franklin County Irrigation District (FCID) Trail Phase 1 and 2 Unsecured Washington State Recreation Conservation Office 360,000 360,000Transfer from Fund 193 REET255,000 55,000Franklin County Irrigation District (FCID) Trail Phase 1 and 2 Total415,000 415,00021 258Community Park Northwest Funded By Park Development Fund 1,400,000 1,400,000Community Park Northwest Total1,400,000 1,400,00021 259Kurtzman Shelter Funded By Fund 193 REET1 125,000 125,000Kurtzman Shelter Total125,000 125,00021 260Road 54 Erwen Property Funded By Park Development Fund 20,000 20,000Road 54 Erwen Property Total20,000 20,00021 261Sacajawea Trail Burlington Northern Santa Fe (BNSF) Crossing Transfer from Fund 193 REET2 125,000 125,000Sacajawea Trail Burlington Northern Santa Fe (BNSF) Crossing Total125,000 125,00005 CIP Parks Rec Total10,648,276 3,667,000 14,315,27606 CIP Pub Sfty 19 998Fire Station 83 Replacement Secured LTGO Bond 1,226,621 1,226,621Fire Station 83 Replacement Total1,226,621 1,226,62119 999Fire Station 84 Replacement Secured LTGO Bond 1,413,470 3,040,000 4,453,470Fire Station 84 Replacement Total1,413,470 3,040,000 4,453,47020 999Fire Station 81 Remodel Secured LTGO Bond 170,525 170,525Fire Station 81 Remodel Total170,525 170,52521 198Fire Station 82 Remodel Secured LTGO Bond -262,402 -262,402Fire Station 82 Remodel Total-262,402 -262,40221 199Fire Station 85 Secured LTGO Bond449,000 449,000Transfer from Fund 193 REET2 39,115 39,115Fire Station 85 Total39,115 449,000 488,11521 200Fire Training Center Restroom Secured LTGO Bond 299,433 299,433Fire Training Center Restroom Total299,433 299,43321 202Fire Stations Alerting Systems Funded by General Fund -327,007 262,000 -65,007Fire Stations Alerting Systems Total-327,007 262,000 -65,00721 203Fire Station 87 Funded by General Fund265,000 265,000Fire Station 87 Total265,000 265,00021 214Training Center Improvements Secured LTGO Bond142,000 142,000Training Center Improvements Total142,000 142,00021 221Fire Stations Alerting Systems Secured LTGO Bond00 0Fire Stations Alerting Systems Total00 006 CIP Pub Sfty Total2,559,755 4,158,000 6,717,75521 CIP Water 16 008West Pasco Water Treatment Plant Expansion Secured Revenue Bond0 700,000 700,000Secured Washington Department of Health Safe Drinking Water Loan 0 0 0Transfer from Water Fund 1,997,068 775,000 2,772,068West Pasco Water Treatment Plant Expansion Total1,997,068 1,475,000 3,472,06817 004Butterfield WTP - Chlorine Safety Improvements Secured Revenue Bond00Butterfield WTP - Chlorine Safety Improvements Total0018 059WWTP PLC and Controls Upgrade Secured Revenue Bond 271,456 271,456WWTP PLC and Controls Upgrade Total271,456 271,45619 046Water Main Replacement - Star Lane (Rd 100 to Rd 97) Transfer from Water Fund235,000 235,000Water Main Replacement - Star Lane (Rd 100 to Rd 97) Total235,000 235,00019 073Water Main Replacement - Alley East of Wehe Ave Secured Revenue Bond 214,202 214,202Transfer from Water Fund -107,101 -107,101Water Main Replacement - Alley East of Wehe Ave Total107,101 107,101
Page 197 of 248
Category Project Number Project Name Charge Code Name 2021 Carryover2021-2022 Budgeted Allocation Increase Project Budget Grand Total21 CIP Water 20 030Water Main Replacement - Maple Dr AC Main (Rd 100 to Rd 103) Transfer from Water Fund 212,973 212,973Water Main Replacement - Maple Dr AC Main (Rd 100 to Rd 103) Total212,973 212,97321 238Transmission Main -WPWTP to Zone 3 Transfer from Water Fund 500,000 2,500,000 3,000,000Transmission Main -WPWTP to Zone 3 Total500,000 2,500,000 3,000,00021 243Emergency Power Improvements Transfer from Water Fund 250,000 1,100,000 1,350,000Emergency Power Improvements Total250,000 1,100,000 1,350,00021 244Water Main Replacement - Richardson Road (Rd 92 to Rd 96) Transfer from Water Fund460,000 460,000Water Main Replacement - Richardson Road (Rd 92 to Rd 96) Total460,000 460,00021 245Butterfield Water Treatment Plant (WTP) Improvements Unsecured Revenue Bond5,000,000 5,000,000Butterfield Water Treatment Plant (WTP) Improvements Total5,000,000 5,000,00021 246Water Main Ext - Alton St (Wehe Ave to the alley west of Owe Transfer from Water Fund187,000 187,000Water Main Ext - Alton St (Wehe Ave to the alley west of Owe Total187,000 187,00021 247Water Main Ext - Road 103 (Maple Street to Willow Way) Transfer from Water Fund113,000 113,000Water Main Ext - Road 103 (Maple Street to Willow Way) Total113,000 113,00021 248Water Main Replacement - South 18th Ave (Court Street to WA Ave) Transfer from Water Fund79,000 79,000Water Main Replacement - South 18th Ave (Court Street to WA Ave) Total79,000 79,00021 249Automated Meter Reading Unsecured Revenue Bond1,750,000 1,750,000Automated Meter Reading Total1,750,000 1,750,00021 250Annual Water Upsize - Development Funded By Water Fund - Expansion Fees200,000 200,000Annual Water Upsize - Development Total200,000 200,00021 251Annual Water System Improvements - Development Funded By Water Fund - Expansion Fees200,000 200,000Annual Water System Improvements - Development Total200,000 200,00021 252Reservoir Storage Tank Unsecured Revenue Bond4,200,000 4,200,000Funded By Water Fund - Expansion Fees 750,000 2,250,000 3,000,000Reservoir Storage Tank Total750,000 6,450,000 7,200,00021 CIP Water Total4,088,598 19,749,000 23,837,59822 CIP Irrig 21 222Well Capacity Upgrades Transfer from Irrigation Fund470,000 470,000Well Capacity Upgrades Total470,000 470,00021 223Annual Irrigation Upsize - Development Transfer from Irrigation Fund100,000 100,000Annual Irrigation Upsize - Development Total100,000 100,00021 224Annual Irrigation System Improvements - Development Transfer from Irrigation Fund50,000 50,000Annual Irrigation System Improvements - Development Total50,000 50,00021 264Columbia River Intake Capacity Upgrades Transfer from Irrigation Fund 229,000 229,000Columbia River Intake Capacity Upgrades Total229,000 229,00022 CIP Irrig Total229,000 620,000 849,00023 CIP Sewer 15 002Pearl Street Lift Station Secured Revenue Bond -12,400 -12,400Pearl Street Lift Station Total-12,400 -12,40015 003Maitland Lift Station Secured Revenue Bond 102,031 96,000 198,031Maitland Lift Station Total102,031 96,000 198,03116 006Road 36 Lift Station Upgrades Secured Revenue Bond00 0Transfer from Sewer Fund 638,807 134,000 772,807Road 36 Lift Station Upgrades Total638,807 134,000 772,80716 0079th & Washington Lift Station Secured Revenue Bond 585,332 585,3329th & Washington Lift Station Total585,332 585,33218 076Northwest Area (Broadmoor) Sewer LID (#151) Secured LID Bond2,307,310 2,307,310Unsecured LID Bond00 0Transfer from Sewer Fund - Expansion Fees 0 0 0Northwest Area (Broadmoor) Sewer LID (#151) Total0 2,307,310 2,307,31019 053Road 52 & Pearl Street Lift Station Secured Revenue Bond300,000 300,000Road 52 & Pearl Street Lift Station Total300,000 300,00019 072WWTP Improvements Phase 1 Secured Revenue Bond 241,304 241,304Unsecured Revenue Bond4,460,000 4,460,000Secured Washington Department of Ecology Loan 2,200,000 2,200,000Unsecured Washington Department of Ecology Loan 13,000,000 13,000,000WWTP Improvements Phase 1 Total241,304 19,660,000 19,901,30421 237WWTP Improvement Phase 2 Unsecured Revenue Bond200,000 200,000Secured Washington Department of Ecology Loan 2,400,000 2,400,000Unsecured Washington Department of Ecology Loan 100,000 100,000WWTP Improvement Phase 2 Total2,700,000 2,700,000
Page 198 of 248
Category Project Number Project Name Charge Code Name 2021 Carryover2021-2022 Budgeted Allocation Increase Project Budget Grand Total23 CIP Sewer 21 239Southeast Industrial Trunkline Unsecured Revenue Bond200,000 200,000Southeast Industrial Trunkline Total200,000 200,00021 240Court and Sylvester Sewer Main Improvement Unsecured Revenue Bond1,500,000 1,500,000Court and Sylvester Sewer Main Improvement Total1,500,000 1,500,00021 241Annual Sewer Upsize - Development Transfer from Sewer Fund - Expansion Fees200,000 200,000Annual Sewer Upsize - Development Total200,000 200,00021 242Annual Sewer System Improvements - Development Transfer from Sewer Fund - Expansion Fees200,000 200,000Annual Sewer System Improvements - Development Total200,000 200,00021 263Northwest Area Lift Station Unsecured Revenue Bond00Transfer from Sewer Fund - Expansion Fees 0 500,000 500,000Northwest Area Lift Station Total0 500,000 500,00023 CIP Sewer Total1,555,074 27,701,310 96,000 29,352,38424 CIP PWRF 17 003Columbia East Forcemain and Lift Station Secured United States Economic Development Agency 2,575,000 3,425,000 6,000,000Secured Washington State Department of Commerce 2,870,000 2,870,000Transfer from Sewer Fund 740,745 740,745Columbia East Forcemain and Lift Station Total6,185,745 3,425,000 9,610,74518 070Irrigation Pump Station (IPS) Secured Revenue Bond 547,152 547,152Irrigation Pump Station (IPS) Total547,152 547,15219 055PWRF Pretreatment Improvements Secured Revenue Bond3,719,109 3,719,109Unsecured Revenue Bond 4,139,000 20,921,891 25,060,891Secured Washington Department of Ecology Loan 1,500,000 1,500,000Secured Grant 09 Grant Franklin County500,000 500,000Secured Public Works Board Construction Loan 648,523 212,000 860,523PWRF Pretreatment Improvements Total4,787,523 26,853,000 31,640,52324 CIP PWRF Total11,520,420 30,278,000 41,798,42025 CIP Strmwater 21 253Sylvester Pipe Relining Transfer from Stormwater fund330,000 330,000Sylvester Pipe Relining Total330,000 330,00021 2541st Avenue Pipe Rehab Transfer from Stormwater fund249,000 249,0001st Avenue Pipe Rehab Total249,000 249,00021 255Annual Stormwater System Improvements - Development Transfer from Stormwater fund200,000 200,000Annual Stormwater System Improvements - Development Total200,000 200,00025 CIP Strmwater Total779,000 779,000Grand Total57,103,521 110,094,413 135,445 167,333,379
Page 199 of 248
AGENDA REPORT
FOR: City Council April 15, 2021
TO: Dave Zabell, City Manager City Council Special
Meeting: 4/19/21
FROM: Bob Gear, Fire Chief
Fire Department
SUBJECT: *Resolutions - Amendments to Benton Franklin Health District
Community Services Contract for COVID-19 Testing Site
I. REFERENCE(S):
Resolution Ratifying Amendment No. 1
Exhibit A - Amendment No. 1
Resolution Approving Amendment No. 2
Exhibit A - Amendment No. 2
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ____, ratifying Amendment No. 1
to the Community Services Contract with Benton Franklin Health District's
Community Services Contract for COVID-19 testing site.
and
MOTION: I move to approve Resolution No. ____, approving the Amendment
No. 2 to the Community Services Contract with Benton-Franklin Health District
for COVID-19 testing site and further, authorize the City Manager to execute
the contract.
III. FISCAL IMPACT:
The amendments to the Community Services Contract with Benton Franklin
Health District (BFHD) will reimburse the City for expenses related to operating
the COVID-19 testing site, as well as administering COVID-19 vaccinations.
IV. HISTORY AND FACTS BRIEF:
The City first entered into a contract with BFHD to provide testing services for
COVID-19 at the CBC West site in September of 2020 for a limited term. The
contract was amended administratively in February 2021, extending the term of
Page 200 of 248
the contract for testing to March 31, 2021.
V. DISCUSSION:
The need now exists for a second amendment to the BFHD Community
Services contract to provide reimbursements for continued testing as the CBC
West site from April 1, 2021 through June 30, 2021, as well as adminis tering
COVID-19 vaccinations at the test site.
Testing at CBC West test site continues to be in demand among the
community as currently 250 to 350 COVID 19 tests per day are being
administered. In addition, the BFHD believes there is a community need to
provide additional vaccination opportunities on Sunday and possibly Mondays.
They have asked if the City could expand the services at the CBC West site to
include vaccine administration. The Pasco Fire Department has trained many
Fire Department staff to draw and deliver vaccines at the fairgrounds site and
that staff will be able to utilize those firefighters to serve the CBC West site.
Staff recommends ratification of Amendment No. 1 and approval of
Amendment No. 2 through approval of the attached two (2) resolutions.
Page 201 of 248
Resolution –Amendment 1 to COVID-19 Testing Site Contract - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PASCO, WASHINGTON, RATIFYING AMENDMENT NO. 1 TO THE
COMMUNITY SERVICES CONTRACT WITH BENTON-FRANKLIN
HEALTH DISTRICT FOR COVID-19 TESTING SITE.
WHEREAS, the City of Pasco, Washington and Benton-Franklin Health District
identified a need for greater access to COVID-19 testing in our community; and
WHEREAS, the City of Pasco, Washington desired to receive reimbursement of funds
expensed from Benton-Franklin Health District for the COVID-19 testing site; and
WHEREAS, through Resolution No. 4031, the City Council of the City of Pasco,
Washington, after due consideration, determined that it was, and remains, in the best interest of
the City of Pasco to enter into a contract with Benton-Franklin Health District for a COVID-19
testing site through December 31, 2021, unless terminated in writing by either party consistent
within termination provisions within the contract; and
WHEREAS, Amendment No. 1 to the Community Services Contract was needed in mid-
February 2021 due to the terms of the funding requirements from December 31, 2020 to March
31, 2021; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration determined that it is the best interest of the City of Pasco to ratify Amendment No.
1 to the Community Services Contract with Benton-Franklin Health District for COVID-19
testing through December 31, 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
Section 1. That the City Council of the City of Pasco ratifies Amendment No. 1 to the
Community Services Contract between the City of Pasco and Benton-Franklin Health District, as
attached hereto and incorporated herein as Exhibit A.
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 202 of 248
HSDCOP202000 Amend 1
COMMUNITY SERVICES CONTRACT
Between
BENTON-FRANKLIN HEAL TH DISTIRCT
And
CITY OF PASCO
This Community Services Contract, hereinafter referred to as the Contract, by and between Benton-Franklin
Health District (BFHD) and the City of Pasco (Contractor), and collectively known as the "Partiesw is being
executed for the purpose of providing an emergency response to the Covid-19 pandemic through community
testing and related services as a counter measure against the pandemic.
EFFECTIVE DATE: DECEMBER 31, 2020-MARCH 31, 2021
Benton-Franklin Health District Phone: (609) 460-4200
7102 W. Okanogan Place Fax: (509)460-4690
Kennewick, WA 99336
Tltle/Responslblllty Contact Name Phone Fax Email
Administrator/Signature Authority Jason Zaccaria 509-460-4567 509-460-4590 JHQDi6bfhd,~@ -~
Contracts Manager Bonnie Hall 509-460-4553 509-460-4590 Bonoi!t!lmbfhd.YLa .~
EOC Incident Commander Rick Dawson 509-539-1791 509-460-4515 Bickd@bll:ut.~a.gg~
EOC Incident Commander Carla Prock 509-539-0874 509-460-4515 QgD@bfb2-Yt.iiHIQV
Accountant -Accounts Payable Kyle Phillips 509-460-4580 509-460-4590 ~~Q@bfhQ.Yffl 1Q2V
Contractor Contacts
City of Pasco Phone: (609)545-3426
1011 E. Ainsworth Ave. Fax: (509) 543-5717
Pasco, WA 99301
Res ponsl blllty Conta ct Name Phone Email
Si gnature Authority ._.. Cit y Manager Dave Zabell 509-545-5404 zabelld@~sco-wa.92v
Fire Chief-Primar y Contact Bob Gear 509-528-1650 --.anv
Site Command Craig Patterson 509-539-1976 ~rii9Qi!tterson@ch~•~c.nc1
Finance Director Richa Sigdel 509-544-3065 ~iadell'Coasco-wagov
Finance Manager Darcy Buckley 509-545-3432 B!t!Ckl~g@~~~wa.Q2it
Admin -Fire Department Rhonda Riggle 509-543-5709 Riaa~r@DUCO-m!.QOV
City of Pasco-Contract 2020-2021 Page 11
3\\\
Page 203 of 248
HSDCOP202000 Amend 1
MISSION
The relationship under this agreement has been established with the following intended mission of
collaboration to provide testing and/or response efforts for Covid-19 to the citizens of Benton and Franklin
counties with the purpose of protecting the health of the public, to support the Governor's Safe Start
Washington Plan, and to provide Covid-19 testing as a counter measure against the pandemic.
PURPOSE
The purpose of this amendment is to add the following provisions:
1. Provide additional funding of $974,100 to the existing $450,000 for a total consideration of $1,424,100
2. Extend the effective date of the current contract to March 31,2021
3. Add fiscal contacts for the City of Pasco to the table on page one
4. Add contract# HSDCOP2020000
All other terms and conditions remain unchanged.
TERM OF CONTRACT
The term of the Contract shall start on December 31, 2020 and be in effect until March 31, 2021 unless
extended or terminated by written mutual agreement of both Parties.
COMPENSATION AND METHOD OF PAYMENT
The maximum consideration for this contract is now$ 1,424,100. BFHD will reimburse the City of Pasco for
satisfactory completion of the services and requirements specified in this Contract, payable upon receipt and
approval of a signed invoice of actual allowable costs based on monthly invoices submitted by City of Pasco to
the Health District. Invoices shall be submitted by the 20th of the following month by email, fax or mail to the
BFHD Accountant and Contracts Manager listed on page one of this agreement.
AUTHORIZATION AN D EXE CUTION
By signature of this agreement, both parties agree to adhere to the terms and conditions set forth herein.
BENTON-FRANKLIN HEAL TH DISTRICT CITY OF PASCO
City of Pasco -Contract 2020-2021 Pase (2
Page 204 of 248
Resolution –Amendment 2 to COVID-19 Testing Site Contract - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PASCO, WASHINGTON, APPROVING AMENDMENT NO. 2 TO THE
COMMUNITY SERVICES CONTRACT WITH BENTON-FRANKLIN
HEALTH DISTRICT FOR COVID-19 TESTING SITE, AND TO INCLUDE
THE ADMINISTRATION OF COVID-19 VACCINES AT THE TEST SITE.
WHEREAS, the City of Pasco, Washington and Benton-Franklin Health District
identified a need for greater access to COVID-19 testing in our community; and
WHEREAS, the City of Pasco, Washington, desires to enter into this Amendment No. 2
to the Community Services Contract with Benton-Franklin Heath District to add, in addition to
the current testing capabilities, the capability to provide vaccinations to the public as a
collaborative effort between the City of Pasco and the Benton-Franklin Health District to combat
the COVID-19 pandemic; and
WHEREAS, the City of Pasco, Washington desired to receive reimbursement of funds
expensed from Benton-Franklin Health District for the COVID-19 testing site; and
WHEREAS, through Resolution No. 4031, the City Council of the City of Pasco,
Washington, after due consideration, determined that it was, and remains, in the best interest of
the City of Pasco to enter into a contract with Benton-Franklin Health District for a COVID-19
testing site through December 31, 2021, unless terminated in writing by either party consistent
within termination provisions within the contract.
WHEREAS, Amendment No. 1 to the Community Services Contract was needed in mid-
February 2021 due to the terms of the funding requirements from December 31, 2020 to March
31, 2021; and
WHEREAS, Council ratified Amendment No. 1 to the Community Services Contract by
Resolution No. ____; and
WHEREAS, Amendment No. 2 to the Community Services Contract will provide
additional funding from April 1, 2021 through June 30, 2021, as well as the ability to provide
COVID-19 vaccinations at the test site.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
Section 1. That the City Council of the City of Pasco approves Amendment No. 2 to the
Community Services Contract between the City of Pasco and Benton-Franklin Health District, as
attached hereto and incorporated herein as Exhibit A; and to take all steps necessary to complete
this transaction.
Page 205 of 248
Resolution –Amendment 2 to COVID-19 Testing Site Contract - 2
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
Page 206 of 248
HSDCOP202000 Amend 2
City of Pasco – Contract 2021 – Amend 2 P a g e | 1
This Community Services Contract, hereinafter referred to as the Contract, by and between Benton-Franklin
Health District (BFHD) and the City of Pasco (Contractor), and collectively known as the “Parties” is being
executed for the purpose of providing an emergency response to the Covid-19 pandemic through community
testing and related services as a counter measure against the pandemic. This Community Services Contract,
Amendment 2 amends the Community Services Contract for the COVID-19 Test Site authorized by the BFHD,
and the Pasco City Council on February 1, 2021 by way of Resolution No. 4031.
EFFECTIVE DATE: APRIL 1, 2021 – JUNE 30, 2021
Benton-Franklin Health District Phone: (509) 460-4200
7102 W. Okanogan Place Fax: (509) 460-4590
Kennewick, WA 99336
Title/Responsibility Contact Name Phone Fax Email
Administrator/Signature Authority Jason Zaccaria 509-460-4567 509-460-4590 Jasonz@bfhd.wa.gov
Contracts Manager Bonnie Hall 509-460-4553 509-460-4590 Bonnieh@bfhd.wa.gov
EOC Incident Commander
EOC Incident Commander
Rick Dawson
Carla Prock
509-539-1791
509-539-0874
509-460-4515
509-460-4515
Rickd@bfhd.wa.gov
Carlap@bfhd.wa.gov
Accountant – Accounts Payable Kyle Phillips 509-460-4580 509-460-4590 Kylep@bfhd.wa.gov
Contractor Contacts
City of Pasco Phone: (509) 545-3426
1011 E. Ainsworth Ave. Fax: (509) 543-5717
Pasco, WA 99301
Responsibility Contact Name Phone Email
Signature Authority – City Manager Dave Zabell 509-545-5404 zabelld@pasco-wa.gov
Fire Chief – Primary Contact Bob Gear 509-528-1650 Gearb@pasco-wa.gov
Site Command Craig Patterson 509-539-1976 Craigpatterson@charter.net
Finance Director Richa Sigdel 509-544-3065 Sigdelr@pasco-wa.gov
Finance Manager Darcy Buckley 509-545-3432 Buckleyd@pasco-wa.gov
Admin – Fire Department Rhonda Riggle 509-543-5709 Riggler@pasco-wa.gov
COMMUNITY SERVICES CONTRACT
Between
BENTON-FRANKLIN HEALTH DISTIRCT
And
CITY OF PASCO
Page 207 of 248
HSDCOP202000 Amend 2
City of Pasco – Contract 2021 – Amend 2 P a g e | 2
MISSION
The relationship under this agreement has been established with the intended mission of collaboration to
provide testing and/or response efforts for Covid-19 to the citizens of Benton and Franklin counties with the
purpose of protecting the health of the public, to support the Governor’s Healthy Washington – Roadmap to
Recovery plan, and to provide Covid-19 testing and vaccinations as a counter measure against the pandemic.
PURPOSE
The purpose of this amendment is to expand the scope of work to include distribution and administration of the
COVID-19 vaccine by a qualified medical team including vaccinators, registration technicians, traffic control
staff, paramedic Ambulance, EMT Ambulance, Medic unit, as well as Incident Command staff. Vaccines to be
provided at the CBC West COVID-19 testing site or remotely as needed.
FUNDING AND COST
Funding for COVID-19 vaccination services will come from the initial contract allocation and be provided on a
monthly reimbursement basis. No additional funds are being added with this amendment.
Costs for the expanded services related to providing COVID-19 vaccination services, including any ambulance
and related equipment costs will be charged at the rates provided herein on page 3 of this amendment. No
indirect costs are allowable.
Billing for COVID-19 vaccination services to meet all standards and requirements set forth in the initial
agreement and should be included with the monthly CBC testing site service invoices.
TERM OF CONTRACT
The term of the Contract shall start on April 1, 2021 and be in effect until June 30, 2021 unless extended or
terminated by written mutual agreement of both Parties.
AUTHORIZATION AND EXECUTION
By signature of this agreement, both parties agree to adhere to the terms and conditions set forth herein.
BENTON-FRANKLIN HEAL TH DISTRICT CITY OF PASCO
___________________________________ _____________________________________
Jason Zaccaria – Administrator Date Dave Zabell – City Manager
Page 208 of 248
HSDCOP202000 Amend 2
City of Pasco – Contract 2021 – Amend 2 P a g e | 3
CBC-West Vaccine Mission Costs
April 2021
Position Staff
needed
Budgeted
Cost Per
Hour
Budgeted
Hours Per
Day
Budgeted
Cost Per
Day
Actual cost
Per/Hour
Actual hours
Of
operation
Per Day
Actual Cost
Per Day
Vaccinator 4 65.00/HR 10 2600.00 60.00/HR 7.5 1800.00
Registration Technician 6 60.00/HR 10 3600.00 55.00/HR 7.5 2700.00
Traffic Control 2 55.00/HR 10 1100.00 50.00/HR 7.5 825.00
Paramedic Ambulance 1 70.00/HR 10 700.00 65.00/HR 7.5 487.50
EMT Ambulance 1 70.00/HR 10 700.00 65.00/HR 7.5 487.50
Medic unit 1 924.00/Day 10 924.00 924.00/HR 7.5 924.00
IC shared cost with
testing site 50%
1 35.00/HR 10 350.00 32.50/HR 9.0 292.50
9,974.00 7516.50
Per Day
Overhead support Staff
needed
Budgeted
Cost Per
Hour
Budgeted
Hours Per
Week
Budgeted
Cost Per
Week
Actual cost
Per Hour
Actual hours
Per week
Actual Cost
Per Week
Planning Section Chief 1 70.00/HR 5 HRS/WEEK 350.00 65.00/HR 4 HRs/WEEK 260.00
Logistic Section Chief 1 70.00/HR 5 HRS/WEEK 350.00 65.00/HR 4 HRs/WEEK 260.00
Finance Section Chief 1 70.00/HR 5 HRS/WEEK 350.00 65.00/HR 4 HRs/WEEK 260.00
3 210.00/HR 5HRS/WEEK 1050.00 195.00/HR 4HRs/WEEK 780.00/Day
OFF Site Vaccination
Minus Traffic Control
Vaccinator 2 65.00/HR 10 1300.00 60.00/HR 7.5 900.00
Registration Technician 3 60.00/HR 10 1800.00 55.00/HR 7.5 1350.00
Paramedic Ambulance 1 70.00/HR 10 700.00 65.00/HR 7.5 487.50
Paramedic Ambulance 1 70.00/HR 10 700.00 65.00/HR 7.5 487.50
Medic unit 1 924.00/Day 10 924.00 924.00/HR 7.5 924.00
OPS shared cost with
testing site 50%
1 35.00/HR 10 350.00 32.50/HR 9.0 292.50
5774.00
Per Day
4,441.50
Per Day
Page 209 of 248
AGENDA REPORT
FOR: City Council March 24, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 4/19/21
FROM: Steve Worley, Director
Public Works
SUBJECT: *Resolution - PSA Amendment No. 7 with PACE for Columbia East Lift
Station & Force Main Project
I. REFERENCE(S):
Resolution
Amendment
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to Resolution No. ______ authorizing the City Manager to
sign Professithe Amendment for a execute and seventh Services onal
Agreement with PACE Engineers, Inc. for the Columbia East Lift Station &
Force Main Project.
III. FISCAL IMPACT:
Original Professional Services Agreement (PSA) $ 599,393.20
Amendment No. 1 $ 26,709.80
Amendment No. 2 $ 41,849.00
Amendment No. 3 $ 39,136.13
Amendment No. 4 $ 83,020.00
Amendment No. 5 $ 108,657.00
Amendment No. 6 $ 0
Amendment No. 7 (proposed) $ 130,011.00
Revised Total Budget $1,028,776.13
Costs associated with this PSA are funded through the following:
• Franklin County Economic Development (.09) Grants (2017 & 2018)
• Washington State Capital Budget Direct Appropriation
• Debt Service Paid by the Processors
• Economic Development Fund
The construction phase of the force main project is being funded with the help of
Page 210 of 248
a federal Economic Development Administration (EDA) grant of $6 million; $3
million in an original allocation plus an additional $3 million in a supplemental
allocation.
IV. HISTORY AND FACTS BRIEF:
The City entered into a Professional Services Agreement (PSA) with PACE
Engineers for the design and right-of-ay acquisition for the Columbia East Lift
Station and Force Main project in early 2018. The project was divided into two
phases:
1. The Columbia East Lift Station: construction complete.
2. The Columbia East Force Main: a 4.5 mile dual force main extending
from the Columbia East Lift Station to the PWRF along the proposed
easements on private property and within City/County public right-of-
way.
The original project planned for two force mains. However, due to costs being
greater than available funding the project scope was reduced to a single force
main. While design of the force main continued on -schedule, City staff pursued
an opportunity for supplemental funding, which was successful, with U.S. EDA
agreeing to provide an additional $3M toward the project for a total of $6M.
While significantly enhancing the project by allowing for a second force main
increasing capacity and reliability, the expanded scope required revisions to
the project design. Additionally, right-of-way negotiations to secure the
alignment for the pipeline were complex, and to avoid condemnation,
alternative routes were explored and ultimately pursued.
In summary, the previous amendments, which were cumulatively within the
City Manager's delegated authority to approve, accounted for the following
services:
Amendment No. 1: Additional scope for construction engineering support
services during construction of the Columbia East Lift Station.
Amendment No. 2: Additional design scope to incorporate odor control in the
force mains, through pH adjustment and to create a separate set of contract
documents for the force main.
Amendment No. 3: Additional design and survey services to revise the
alignment based on right-of-way negotiations.
Amendment No. 4: Additional design and construction phase scope. Design
scope included continued revision of the Columbia East force main alignment
due to right of way negotiations, a record survey for the DNR parcel, and
Page 211 of 248
continued coordination with DNR. Construction engineering services included
responding to RFIs, and review of submittals and shop drawings.
funds, additional the of EDA Upon 5: No. Amendment announcement
additional design required to expand the scope of work to accommodate a dual
force main. The addition of a second large -dimeter force main is a significant
impact to the project requiring engineering services to update the alignment,
and identify and address additional conflicts with existing infrastructure in the
path of the new proposed double-line alignment (primarily curb, gutter and
stormwater facilities).
Amendment No. 6: A no cost amendment reallocating budget in the tasks
included in the agreement. This redistribution of budget, accounts for the
additional level of effort required to complete the extent of work evaluating the
single force main option, revising the PS&E, and supporting right of way
acquisition efforts.
V. DISCUSSION:
While prior amendments are within the City Manager's delegated authority,
subsequent amendments resulting in additional costs will require City Council
approval.
The proposed Amendment No. 7 includes additional services required for
finalizing desithe requirements an and EDA gn documents, specifically
expansion of the original scope to provide for assistance through the bidding
process. This Amendment also provides for the consultant, PACE Engineering,
to provide assistance during the construction phase of the force main project,
which includes the following:
• Review & Respond to RFI's
• Review and respond to material submittals
• Attending weekly virtual construction progress meetings
• Prepare record drawings
• Perform site visits during construction activities to be coordinated with
City Staff
As a result of the additional EDA grant funds and the change from a single to a
dual force main, revisions were needed to the already completed single -main
design package. The addition of a second force main to the design drawings
was a significant impact to the project. This required PACE Engineering to
update the alignment, identify and address additional conflicts with existing
infrastructure in the path of the new proposed dual-line alignment (primarily
curb, gutter and stormwater facilities). Additionally, unprecedented lead times
for some of the materials in this project required extensive market research and
modifications and to the project specifications, time of performance bid
Page 212 of 248
schedules. The expanded scope also allows PACE Engineering to provide bid-
phase and construction-phase support for this project.
This amendment to PACE Engineering’s PSA was negotiated in the amount of
$130,011 for these additional services.
Staff recommends approval of Amendment No . 7 to the Professional Services
Agreement with PACE Engineering for the Columbia East Lift Station and
Force Main project in the amount of $130,011.00.
Page 213 of 248
Resolution – Seventh Amendment to
PSA with Pace Engineering - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE A
SEVENTH AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH PACE ENGINEERS, INC. FOR THE COLUMBIA EAST
LIFT STATION AND FORCE MAIN PROJECT.
WHEREAS, the City and PACE Engineers, Inc. entered into a Professional Services
Agreement on May 13, 2018 to provide engineering services for the Columbia East Lift Station
and Force Main Project; and
WHEREAS, the City and PACE Engineers, Inc. executed six Amendments to the
Professional Services Agreement to add additional construction management services (lift station),
additional design engineering (force main), and additional time for completion of the design; and
WHEREAS, previous amendments to the agreement were authorized under the authority
provided to the City Manager and Public Works Director; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That this agreement is amended to allow PACE Engineers, Inc. to provide
additional engineering and construction management services as described within Exhibit A & B.
Section 2. The City Manager for the City of Pasco is hereby authorized to execute
Amendment 7, a copy of which is attached hereto, and incorporated herein by this reference, as
Exhibit A.
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 214 of 248
Page 215 of 248
Page 216 of 248
Page 217 of 248
Page 218 of 248
Exhibit B Page 219 of 248
AGENDA REPORT
FOR: City Council April 13, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 4/19/21
FROM: Steve Worley, Director
Public Works
SUBJECT: Ordinance & *Resolution - (PWRF) Facility Reuse Water Process
Embankment Repair Change Order No. 4 and Budget Adjustment
I. REFERENCE(S):
Resolution
Change Order
Ordinance - Budget Ammendment
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ___, authorizing the City Manager
to sign and execute a fourth Change Order to the Construction Contract with
Apollo, Inc. for the Process Water Reuse Facility (PWRF) Embankment Repair
project.
MOTION: I move to adopt Ordinance No. ___, amending the 2021-2022
biennial the Pasco, of City of budget No. (Ordinance operating 4503)
additional provide to thereto; providing by Washington, supplement
appropriation in the city’s utility fund for the Process Water Reuse Fa cility
(PWRF) embankment repair, and further, authorize publication by summary
only.
III. FISCAL IMPACT:
Original Contract Amount $ 627,961.14
Change Order No. 1: $ 22,300.30
Change Order No. 2: $ 4,489.83
Change Order No. 3: $ 13,144.49
Change Order No. 4: (Proposed) $ 143,633.96
New Contract Total: $811,529.72
The original contract was signed for $631,449.81 which included City Sales Tax
Page 220 of 248
at 8.6%. However, since the project is located in Franklin Co., the applicable
Sales Tax is only 8%. This resulted in a reduced contract total of $627,961.14.
This cost is anticipated to be covered through a claim to the City's insurance
company.
IV. HISTORY AND FACTS BRIEF:
The City’s Process Water Reuse Facility (PWRF) includes three lined storage
ponds with estimated capacities of 115 million gallon (MG), 35 MG and 8 MG.
The 8MG also serves as equalization (EQ) ponds during normal PWRF
operations.
On Saturday, June 27, 2020, staff at the PWRF discovered a failure of the
internal embankment between the 8MG pond and the 35MG pond.
Investigation on the cause of the failure of the embankment determined that
the failure was caused by the erosion around a newly installed overflow pipe.
Staff coordinated with the Washington State Department of Ecology (Ecology),
Dam Safety and Water Quality divisions, on the requirements for the repair
work and Council subsequently approved a contract with Apollo, Inc. to do the
repair work. Due to the reliance and demands on the facility by the processors,
and the need to move quickly, the City, in partnership with Ecology, moved
quickly to bring a contractor onboard to begin emergency repairs, while at the
same time Ecology completed its final review of the repair plans. Subsequent
to Ecology's final review and through the course of the repair project several
change orders were executed as additional work was required to gain Ecology
approval and in one case as a precaution. Listed below is a summary of the
previous Change Orders:
Change Order No. 1: This additional work revises the pipe trench from the
standard pipe trench to a reinforced concrete pipe encasement trench as
required by Ecology adding a concrete pipe encasement.
Change Order No. 2: This additional work is to install an off-gassing system
under the new liner as required by Ecology.
Change Order No. 3: As a precaution, this work enhances the overflow piping
from the 115 to the 35 million gallon reservoirs bringing it up to current Ecology
specifications. This work was not required by Ecology, however with a
contractor with this expertise onsite, and the experience of a recent levy failure
for a similarly installed pipe, staff determined this to be a prudent measure.
Change Order No. 4 will remove and replace PVC liner bottom in the 8 -
million-gallon pond: it was found that the bottom of the 8 -million-gallon pond
Page 221 of 248
was damaged beyond repair while performing the emergency repair to the
berm.
V. DISCUSSION:
Staff recommends approval of Change Order No. 4 to the contract with Apollo,
Inc. for the PWRF Embankment Repair project in the amount of $143,633.96
Page 222 of 248
Resolution – Fourth Change
Order With Apollo - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE A
FOURTH CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH
APOLLO, INC. FOR THE PROCESS WATER REUSE FACILITY (PWRF)
EMBANKMENT REPAIR PROJECT.
WHEREAS, City staff on 6/27/2020 discovered a failure of the internal embankment
between the 8MG pond and the 35mg pond at the City’s PWRF; and
WHEREAS, the City and Apollo, Inc. entered into a Construction Contract on December
3, 2020 to provide repair work for the PWRF Embankment Repair Project; and
WHEREAS, the City and Apollo, Inc. has executed three Change Orders to the
Construction Contract to accommodate regulatory requirements and changed conditions; and
WHEREAS, previous Change Orders to the contract were authorized under the authority
provided to the City Manager and Public Works Director; and
WHEREAS, Change Order No. 4 in the amount of $143,633.96 (including Sales Tax)
exceeds the City Manager’s authority and thus requires Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That this Change Order is to allow Apollo, Inc. to remove and replace PVC liner
in the bottom of the 8 million gallon pond at the City’s PWRF; that recent testing found that the
existing bottom liner was damaged beyond repair while performing the emergency repair to the
berm and a fully intact liner is required by Department of Ecology for the utilization of the pond.
Section 2. The City Manager, for the City of Pasco, is hereby authorized to execute Change
Order No. 4, a copy of which is attached hereto, and incorporated hereto by this reference, as
Exhibit A.
Page 223 of 248
Resolution – Fourth Change
Order With Apollo - 2
PASSED by the City Council of the City of Pasco, Washington, this _____ day of April,
2021.
____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 224 of 248
Project No:20100 Project Title:Embankment Repair- PWRF
Contractor:
Description of Change:Remove & replace PVC liner bottom of the 8 MG reservoir
Detail as Appropriate:Found that the bottom of the 8 MG reservoir bottom was damaged
beyond repair while performing the final leak testing.
Contract Bid Amount:581,445.50$
SALES TAX @ 8.0%:46,515.64$
Total:627,961.14$
Subtotal 36,976.50$ Subtotal 132,994.41$
Sales tax @ 8.0% 2,958.12$ Sales tax @ 8.0% 10,639.55$
Total 39,934.62$ Total 143,633.96$
Total Change Orders To Date 183,568.58$
New Contract Amount
YES NO
CONTRACTOR Date Date
CONST. MANAGER Date CIP MANAGER Date Date
PROJECT MANAGER
APPROVED:APPROVED:
CITY MANAGER
Revised Total Contract Time…………………………………………….60
It is mutually agreed by both parties that this Change Order fully describes the change(s) that is (are)
being made and that the compensation for this Change Order is full and complete and is the only
compensation due or owing for this Change Order. Further, it is mutually agreed that this document
will supplement the present Contract Documents and that the provisions of the previously executed
Contract Documents shall apply to this Change Order.
AGREED TO AND ACCEPTED:APPROVED:
811,529.72$
IS CONTRACT TIME AFFECTED BY THIS CHANGE ORDER
Contract Time Prior to this Change Order……………………………40
Modification to Contract time by this Change Order………………..20
CITY OF PASCO
PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 4
Apollo, Inc.
PREVIOUS CHANGE ORDER CURRENT CHANGE ORDER
Page 225 of 248
Ordinance – 2021-2022 Operating Budget Amendment – 1
ORDINANCE NO. ____
AN ORDINANCE AMENDING THE 2021-2022 BIENNIAL
OPERATING BUDGET (ORDINANCE NO. 4503) OF THE CITY OF
PASCO, WASHINGTON, BY PROVIDING SUPPLEMENT THERETO; TO
PROVIDE ADDITIONAL APPROPRIATION IN THE CITY’S UTILITY
FUND FOR THE PROCESS WATER REUSE FACILITY (PWRF)
EMBANKMENT REPAIR.
WHEREAS, on December 7, 2020, the Pasco City Council approved Ordinance No. 4508,
amending the 2019-2020 Biennial Operating Budget, which included $700,000 to accomplish
repair of the pond embankment at the Process Water Reuse Facility (PWRF).
WHEREAS, on December 7, 2020, the Pasco City Council approved Ordinance No. 4503,
adopting the 2021-2022 Biennial Budget.
WHEREAS, scheduled work was not completed by end of the year due to various factors.
WHEREAS, the final cost of the repair work increased above what was previously
anticipated.
WHEREAS, the Public Works Department staff have determined that it is critical to
continue and complete this project.
WHEREAS, the cost for the remaining repair work in 2021 needs to be included in the
2021-2022 budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to RCW 35A.34.200(1)(e), the 2021-2022 Operating Budget be and
the same is hereby amended to provide for the following adjustments to revenues, transfers in,
expenditures, and transfers out b y providing authority for any necessar y transfer of money within
or between funds indicated, and their subsequent impact to end fund balance:
FUND EXPENDITURE REVENUE
UTILITY FUND 432,775 0
Total 432,775 0
Section 2. That the additions in appropriations and expenditures are hereb y declared to
exist in the above funds for the said uses and purposes as shown above and the proper City officials
are hereby authorized and directed to issue warrants and transfer funds in accordance with the
provision of the Ordinance.
Page 226 of 248
Ordinance – 2021-2022 Operating Budget Amendment – 2
Section 3. Except as amended herein, Ordinance No. 4503 as previously adopted
heretofore shall remain unchanged.
Section 4. This ordinance, being an exercise of a power specifically delegated to the City
legislative body, is not subject to referendum, and shall take full force and effect five (5) days after
approval, passage and publication as required by law.
Adopted by the Cit y 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 227 of 248
AGENDA REPORT
FOR: City Council April 13, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 4/19/21
FROM: Steve Worley, Director
Public Works
SUBJECT: *Resolution - Process Water Reuse Facility Irrigation Pump Station
Project Change Order No. 6 and Ratification of Previous Change Orders
I. REFERENCE(S):
Resolution
Change Order
Change Order History Memo
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _______, authorizing the City
Manager to sign and execute a sixth Change Order to the Construction
Contract with Apollo, Inc. for the Process Water Reuse Facility (PWRF)
Irrigation Pump Station (IPS) project and ratifying the approval of Change
Order Nos. 2, 3 and 4.
III. FISCAL IMPACT:
Original Contract Amount $ 8,048,615.76
Change Order No. 1 $ 171,135.42
Change Order No. 2 $ 176,952.58
Change Order No. 3 $ 236,966.74
Change Order No. 4 $ 63,177.27
Change Order No. 5 $ -104,493.43
Change Order No. 6 (Proposed) $ 54,660.85
New Contract Total: $ 8,647,015.18
Total Authorized: $8.751M
Spent as of 2020: $8.203M
Remainder: $847K
Page 228 of 248
IV. HISTORY AND FACTS BRIEF:
The Irrigation Pump Station (IPS) is a critical component to the operation of the
Process treated partially IPS The pumps Facility Reuse Water (PWRF).
industrial wastewater from the PWRF storage/detention ponds to the City-
owned farm fields for final treatment and disposal.
The original IPS well exceeded its useful life cycle and operated beyond its
intended design capacity. It was unable to reliably meet current or future
needs.
November the for 2019 12, on The Apollo, with contracted City Inc.
construction of the IPS improvements. Since then five change orders have
been negotiated and approved. See attached change order summary. A sixth
change order is proposed. A memorandum detailing each change order is
attached for reference.
Out of necessity to assure system reliability, this project to replace the aging
and failing IPS moved forward rapidly. Recently, a procedural oversight in the
administration of change orders for the project was discovered. Subsequent to
change order 1, the cumulative sum of these subsequent change exceed the
City Manager’s delegated authority, to remedy this immediately, change orders
2,3 and 4 require ratification by Council.
A more permanent remedy, a preventative action plan is being developed to
ensure this type of procedural error does n ot occur in the future.
V. DISCUSSION:
Staff recommends approval of Change Order No. 6 to the contract with Apollo,
Inc. for the PWRF Irrigation Pump Station project in the amount of $54,660.85
and ratification of the approval associated with Change Ord ers Nos. 2, 3, and
4.
Page 229 of 248
Resolution – Sixth Change Order
Contract with Apollo - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE A SIXTH
CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH APOLLO,
INC. FOR THE PROCESS WATER REUSE FACILITY (PWRF) IRRIGATION
PUMP STATION (IPS) PROJECT AND RATIFYING APPROVAL FOR
PREVIOUS CHANGE ORDER NOS. 2, 3 AND 4.
WHEREAS, the City and Apollo, Inc. entered into a Construction Contract on 11/12/2019
to provide Improvements to the PWRF Irrigation Pump Station Project; and
WHEREAS, the City and Apollo, Inc. has executed five Change Orders to the
Construction Contract; and
WHEREAS, Change Order No. 1 and No. 5 to the contract were authorized under the
authority provided to the City Manager and Public Works Director; and
WHEREAS, Change Orders No. 2, 3 and 4 require Council ratification to maintain
consistency with Administrative Order No. 470 “Purchasing Policies and Procedures 2.0”; and
WHEREAS, a corrective and preventative action plan is being developed to address proper
processing practices for change order approvals; and
WHEREAS, Change Order No. 6 in the amount of $54,660.85 exceeds the City Manager’s
authority and thus requires Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. The City Manager of the City of Pasco, Washington, is hereby authorized,
empowered, and directed to sign and execute Change Order No. 6 a copy of which is attached
hereto, and incorporated herein by this reference as Exhibit A, on behalf of the City of Pasco.
Section 2. That Change Orders No. 2, 3 and 4 to Apollo, Inc. are hereby ratified by City
Council.
Page 230 of 248
Resolution – Sixth Change Order
Contract with Apollo - 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 231 of 248
Project No:CP7-SR-1R-18-00 Project Title:Irrigation Pump Station
Contractor:
Description of Change:COP 008-012 Electrical Revisions
Detail as Appropriate:COP 008: PUD required change ($8,415.21); COP 009: Rev. to pump
emergency stop; ($16,119.04); COP 010: Additional breakers and power
for slidegate ($16,781.92); COP 011: Relocate 125V circuit to CU-1
($1,318.84); COP 012: Replace control wiring to pumps 1-3 ($7,976.89)
Contract Bid Amount:7,452,422.00$
SALES TAX @ 8.0%:596,193.76$
Total:8,048,615.76$
Subtotal 503,461.64$ Subtotal 50,611.90$
Sales tax @ 8.0% 40,276.93$ Sales tax @ 8.0% 4,048.95$
Total 543,738.57$ Total 54,660.85$
Total Change Orders To Date 598,399.42$
New Contract Amount
YES NO
CONTRACTOR Date Date
CONST. MANAGER Date CIP MANAGER Date DatePUBLIC WORKS
DIRECTOR
PROJECT MANAGER
APPROVED:APPROVED:
AGREED TO AND ACCEPTED:APPROVED:
8,647,015.18$
IS CONTRACT TIME AFFECTED BY THIS CHANGE ORDER
Contract Time Prior to this Change Order……………………………
Modification to Contract time by this Change Order………………..Additional 20 Days
revised Total Contract Time…………………………………………….
It is mutually agreed by both parties that this Change Order fully describes the change(s) that is (are) being
made and that the compensation for this Change Order is full and complete and is the only compensation
due or owing for this Change Order. Further, it is mutually agreed that this document will supplement the
present Contract Documents and that the provisions of the previously executed Contract Documents shall
apply to this Change Order.
CITY OF PASCO
PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 6
Apollo, Inc.
PREVIOUS CHANGE ORDER CURRENT CHANGE ORDER
Page 232 of 248
Memo
Steve Worley,PE.PublicWorks Director
Maria Serra,PE.CIP Manager &
4/7/2021
PWRF Irrigation Pump Station (IPS)
Change Order History
To:
From:
Date:
Re:
A construction contact with Apollo Inc.for the construction of the PWRF Irrigation Pump Station (IPS)project
was executed on 11.12.2019 in the amount of $8,048,615.76.
The following Change Orders were negotiated and routed for approval:
Change Order No.1:High Performance wetwell Coating:A protective coating of the
wetwell was not included in the original specifications.A protective
coating of the wetwell is required to maintain integrity of the concrete
which is exposed to caustic conditions from the industrial wastewater.
Amount of $171,135.42.
Approved/Signed by City Manager.
Change Order No.2:Additional grading of 115 million gallon pond:With the new IPS
the outflow (or low point)of the 115 million gallon pond needed to be
changed from the east side of the pond to the southwest corner,closer to
the new IPS.Due to a discrepancy in the as-built survey of the existing
115 million gallon pond,it was necessary to remove an additional
significant amount of native material to accommodate the new low point.
Amount of $176,952.58.
Approved/Signed by City Manager.
Change Order No.3:Changes in boring:A new discharge pipe from the 115 million gallon
Page 1 of 2
pond to the IPS was designed to be installed via directional boring
underneath the pond embankment to the inside bottom of the pond.A
steel casing is required within the embankment and then the actual
discharge (or carrier)pipe is installed through the casing.A change was
necessary to decrease the steel casing diameter and change the carrier
piping material from PVC to HDPE.This resolved a conflict between the
30”PVC piping being too large for installation in the specified steel
casing.
Amount of $236,966.74.
Approved/Signed by City Manager.
Page 233 of 248
Change Order No.4:Replacement ballast tubes in the 115 million gallon pond:The
installation of ballast tubes on the replaced liner area in the 115 million
gallon pond was not included in the original bid.Ballast tubes are required
in lined ponds to weigh down the liner.In this facility these ballast tubes
are critical,since the ponds remain empty for extended periods of time.
This change order added 1,3OOLFof ballast tubes installation.
Amount of $63,177.27.
Approved/Signed by City Manager.
Change Order No.5:Manhole value engineering concept:A value engineering concept
during the construction was to delete a 72”manhole,reroute a 12”PVC
and drop piping to the wetwell and install stubs with mechanical joint caps
on the future manhole locations.This alternative layout preserves the
design intent and allows maintenance operations to be performed,without
the need for the deep 72”manholes structures as originally proposed.
Amount of ($104,493.43).This Change Order was a credit.
Approved/Signed by Public Works Director.
Proposed Change Order No.6:Electrical revisions:This Change Order (No.6)is for
Electrical Revisions that are being required by Franklin PUD along with
modifications to the electrical system associated with the pumps that was
identified by Operations Staff (revision to the pump emergency stop
button location,additional breakers and power for slide gate,relocate
125V circuit and replace control wiring to pumps).The cost of Change
Order No.6 is §54,660.85.Should Change Order No.6 be approved,the
total Construction Contract cost would increase to $8,647,015.18.
The following table provides a summary of change orders and running total:
Change Order Approval Date Running Total
No.
As shown in the table above,Council Approval should have been sought for change orders 2
through 4.This procedural error was identified as Change Order No.6 was being prepared.
Council approval is needed for Change Order No.6 along with ratification of change orders 2
through 4.
A corrective and preventative action plan is being developed to prevent this procedural error
from occurring in the future.
Page 2 of 2
Page 234 of 248
AGENDA REPORT
FOR: City Council April 12, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 4/19/21
FROM: Steve Worley, Director
Public Works
SUBJECT: Ordinance & *Resolution - Wastewater Grimmway for Award Bid
Connection to Columbia East Lift Station and Budget Adjustment
I. REFERENCE(S):
Resolution
Bid Tabs
Vicinity Map
Ordinance - Budget Amendment
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ____, awarding the Grimmway
Wastewater Connection Project identified as Bid No. 20103 to C&E Trenching,
LLC. of Pasco, in the amount of $330,179.30, including Washington State
Sales Tax, and further, authorize the City Manager to execute the contract
documents and allowing all necessary budget adjustments.
and
MOTION: I move to adopt Ordinance No. ____, amending the 2021 -2022
Biennial Budget (Ordinance No. 4503) of the City of Pasco, Washington, by
providing supplement thereto; to provide additional appropriation in the City’s
economic development fund for the construction of the Grimmway industrial
sewer connection to the Columbia East Lift Station, and further, authorize
publication by summary only.
III. FISCAL IMPACT:
Contract Total: $330,179.30
Proposed Budget Amendment (Richa)
Page 235 of 248
IV. HISTORY AND FACTS BRIEF:
Grimmway Foods is an agricultural processing facility that currently discharges
industrial process wastewater to the municipal Wastewater Treatment Plant
(WWTP). The amount and quality of its process wastewater being conveyed to
the WWTP is substantial and consumes a significant portion of the WWTP
capacity. Additionally, the seasonal variability of its flow adds complexity to the
treatment plant operation.
The City has an identified public works capital improvement project described
as Columbia East Lift Station and Force Main. The a major benefit of the
Columbia East Lift Station and Force Main project is the opportunity to
redirect Grimmway’s industrial wastewater away from the WWTP and to the
City’s Process Water Reuse Facility (PWRF) for treatment and disposal.
The subject project, Grimmway Wastewater Connection project, is necessary
to facilitate the diversion of Grimmway's process wastewater to the recently
completed Columbia East Pump Station to be conveyed from there through
the soon to be complete Columbia East Force Main to the PWRF.
The benefits of this project include reduced loading to the WWTP, opening up
capacity at the WWTP.
This project also modifies Grimmway’s existing sewer service to create a
dedicated sanitary sewer service line for flows that are not process related and
need to continue to be conveyed and treated at the municipal WWTP.
V. DISCUSSION:
As part of a competitive bidding process via the Municipal Research & Services
Center (MRSC) Small Works Roster, a total of two (2) bids for the project were
received electronically and opened at 2:00PM on April 1, 2021, at Pasco City
Hall. The lowest bid was submitted by C&E Trenching, LLC. of Pasco, WA in
the amount of $330,179.30.
irregularity minor found and submittal one the reviewed staff City bid
associated with bid Schedule B – Line Item 1 for the Packaged Metering
Manhole. The low bid had incorporated, in error, additional costs for this line
item, which were already included in bid Schedule A line items 6 and 8. This
error was confirmed with the lowest bidder. Upon contract award, a deductive
change staff order is anticipated to resolve the cost discrepancy. City
recommends waiving this irregularity and proceeding with award o f the bid to
C&E Trenching, LLC. of Pasco, WA for the amount of $330,179.30.
Page 236 of 248
Resolution – Award of
Bid 20103 - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, AWARDING THE GRIMMWAY WASTEWATER
CONNECTION PROJECT IDENTIFIED AS BID NO. 20103 TO C&E
TRENCHING, LLC. OF PASCO WASHINGTON.
WHEREAS, the City of Pasco has an identified public works capital improvement project
described as Columbia East Lift Station and Force Main Project of which the Grimmway
Wastewater Connection is an important part of; and
WHEREAS, one of the main purposes of the Columbia East Lift Station and Force Main
project is to redirect Grimmway’s industrial wastewater away from the municipal wastewater
treatment plant and to the City’s Process Water Reuse Facility; and
WHEREAS, the Grimmway Wastewater Connection involves construction of a 6-inch
sanitary sewer pipe, an 18-inch process wastewater pipe, associated manholes including a
diversion manhole with slide gates and a flow metering manhole along with associated electrical
conduit and wiring and transmitter at the Columbia East Pump Station; and
WHEREAS, the City solicited Bids via the Municipal Research & Services Center
(MRSC) Small Works Roster, identified as Bid No. 20103 Grimmway Wastewater Connection;
and
WHEREAS, on April 1, 2021 at 2:00 p.m., two (2) bids were received and opened by the
City; and
WHEREAS, bid documentation was reviewed to determine responsiveness and
responsibility of bidders; and
WHEREAS, the lowest responsible and responsive bidder was C&E Trenching, LLC. in
the amount of $330,179.30, including Washington State Sales Tax.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PASCO, WASHINGTON:
That the City staff recommends award of the contract to C&E Trenching, LLC of Pasco,
Washington in the amount of $330,179.30, including Washington State Sales Tax; and
Be It Further Resolved, that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
Page 237 of 248
Resolution – Award of
Bid 20103 - 2
PASSED by the City Council of the City of Pasco, Washington, this 19th day of April,
2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 238 of 248
Page 239 of 248
Vicinity Map Page 240 of 248
Ordinance – 2021-2022 Operating Budget Amendment – 1
ORDINANCE NO. ____
AN ORDINANCE AMENDING THE 2021-2022 BIENNIAL
BUDGET (ORDINANCE NO. 4503) OF THE CITY OF PASCO,
WASHINGTON, BY PROVIDING SUPPLEMENT THERETO; TO
PROVIDE ADDITIONAL APPROPRIATION IN THE CITY’S
ECONOMIC DEVELOPMENT FUND FOR THE CONSTRUCTION OF
THE GRIMMWAY INDUSTRIAL SEWER CONNECTION TO THE
COLUMBIA EAST LIFT STATION.
WHEREAS, on December 7, 2020, the Pasco City Council approved Ordinance No. 4503,
adopting the 2021-2022 Biennial Budget.
WHEREAS, the 2021-2022 Biennial Budget included the Columbia East Lift Station &
Force Main project.
WHEREAS, one of the main purposes of the Columbia East Lift Station & Force Main
project is to redirect Grimmway’s industrial wastewater form the municipal wastewater treatment
plant to the Process Water Reuse Facility (PWRF).
WHEREAS, the Columbia East Lift Station is complete, the Force Main is being
constructed this year and the connection of Grimmway to the Lift Station is needed to complete
the project.
WHEREAS, the Grimmway Connection project, while being an integral part of the
Columbia East Lift Station and Force Main project, was inadvertently left out of the 2021-2022
Biennial Capital Projects budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to RCW 35A.34.200(1)(e), the 2021-2022 Biennial Budget be and
the same is hereby amended to provide for the following adjustments to revenues, transfers in,
expenditures, and transfers out by providing authority for any necessary transfer of money within
or between funds indicated, and their subsequent impact to end fund balance:
Fund EXPENDITURE REVENUE
ECONOMIC DEVELOPMENT FUND 500,000
UTILITY FUND 500,000 500,000
Total 1,000,000 500,000
Section 2. That the additions in appropriations and expenditures are hereby declared to
exist in the above funds for the said uses and purposes as shown above and the proper City officials
are hereby authorized and directed to issue warrants and transfer funds in accordance with the
Page 241 of 248
Ordinance – 2021-2022 Operating Budget Amendment – 2
provision of the Ordinance.
Section 3. Except as amended herein, Ordinance No. 4503 as previously adopted
heretofore shall remain unchanged.
Section 4. This ordinance, being an exercise of a power specifically delegated to the City
legislative body, is not subject to referendum, and shall take full force and effect five (5) days after
approval, passage and publication as required by law.
Adopted 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 242 of 248
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 243 of 248
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 244 of 248
• 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 245 of 248
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 246 of 248
• 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.
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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
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