HomeMy WebLinkAbout2005.12.05 Council Meeting Packet AGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.tn. December 5, 2005
1. CALL TO ORDER
2. ROLL CALL:
Pledge of Allegiance.
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the
City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be
no separate discussion of these items. If further discussion is desired by Councilmembers or the public,
the item may be removed from the Consent Agenda to the Regular Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated November 21, 2005.
(b) Bills and Communications: (A detailed listing of claims is available for review in the Finance
Manager's office.)
I. To approve General Claims in the amount of$1,187,792.10 ($74,071.51 being in the form of
Wire Transfer Nos. 4434 and 4438 and, $1,113,720.59 consisting of Claim Warrants
numbered 151931 through 152109).
2. To approve Payroll Claims in the amount of $1,354,920.97, Voucher Nos. 33836 through
33954; and EFT Deposit Nos. 30007305 through 30007763.
(c) 2006 Interlocal Agreement for Emergency Dispatch Services:
1. Agenda Report from Denis Austin, Chief of Police dated November 15, 2005.
2. Proposed Agreement.
To approve the 2006 Interlocal Agreement with Franklin County for Emergency Dispatch
Services and, further, authorize the Mayor to sign the agreement.
*(d) Bargaining Contract for Non-Uniformed Police Employees:
1. Agenda Report from Lynne Jackson, Human Resources Manager dated November 21, 2005.
2. Proposed Collective Bargaining Agreement (Council packets only; copy in Human
Resources Office for public review).
To approve the Collective Bargaining Agreement with the Pasco Police Officers Association
(Non-Uniformed) for 2006 through 2008 and, further, authorize the Mayor to sign the agreement.
*(e) Bargaining Contract for Public Works and Facilities Maintenance Employees:
1. Agenda Report from Lynne Jackson,Human Resources Manager dated November 21, 2005.
2. Proposed Collective Bargaining Agreement (Council packets only; copy in Human
Resources Office for public review).
To approve the Collective Bargaining Agreement with the International Union of Operating
Engineers, Local 280 for 2005 through 2007 and, further, authorize the Mayor to sign the
agreement.
(f) Resolution No. 2916, a Resolution confirming the reappointment of Mary Ramirez as Municipal
Court Judge and regulating the operation of the Pasco Municipal Court.
1. Agenda Report from Gary Crutchfield,City Manager dated November 17, 2005.
2. ESSB 5454.
3. Proposed Resolution.
To approve Resolution No. 2916, confirming the Mayor's reappointment of Mary Ramirez as
Municipal Court Judge.
*(g) Resolution No. 2917, a Resolution accepting work performed by Sierra Electric, Inc., under
contract for the Court Street & 20"' Avenue Traffic Signal Modification Project No. 01-4-02.
1. Agenda Report from Doug Bramlette, City Engineer dated November 16, 2005.
2. Resolution.
To approve Resolution No. 2917, accepting the work performed by Sierra Electric, Inc., under
contract for the Court Street& 20'b Avenue Traffic Signal Modification, Project No. 01-4-02.
*(h) Resolution No. 2918, a Resolution accepting work by Rexius, under contract for the Sun
Willows Golf Course Pond Improvement Project.
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
November 28, 2005.
2. Resolution.
To approve Resolution No. 2918, accepting the work performed by Rexius, under contract for the
Sun Willows Golf Course Pond Improvement Project No. 05-6-02.
Regular Meeting 2 December 5, 2005
*(i) Resolution No. 2919, a Resolution accepting work performed by Watts Construction, Inc., under
contract for the Road 64 Water Extension, Project No. 05-2-06.
1. Agenda Report from Doug Bramlette, City Engineer dated November 21, 2005.
2. Resolution.
To approve Resolution No. 2919, accepting the work performed by Watts Construction, Inc.,
under contract for the Road 64 Water Extension, Project No. 05-2-06.
*(j) Resolution No. 2920, a Resolution accepting work performed by Sierra Electric, Inc., under
contract for the 20"`Avenue and Pearl Street Traffic Signal,Project No. 02-4-04,
1. Agenda Report from Doug Bramlette, City Engineer dated November 22, 2005.
2. Resolution.
To approve Resolution No. 2920, accepting the work performed by Sierra Electric, Inc., under
contract for the 20`"Avenue and Pearl Street Traffic Signal, Project No. 02-4-04.
*(k) Resolution No. 2921, a Resolution accepting work performed by Transtate Paving Company
under contract for the 2004 Overlays Project No. 04-3-01.
1. Agenda Report from Doug Bramlette, City Engineer dated November 22, 2005.
2. Resolution.
To approve Resolution No. 2921, accepting the work performed by Transtate Paving Company
under contract for the 2004 Overlays, Project No. 04-3-01.
*(1) Resolution No. 2922, a Resolution accepting work performed by Sharpe & Preszler, Inc., under
contract for the Main Avenue Storm Water Project No. 04-8-01.
1. Agenda Report from Doug Bramlette, City Engineer dated November 16, 2005,
2. Resolution.
To approve Resolution No. 2922, accepting the work performed by Sharpe & Preszler, Inc.,
under contract for the Main Avenue Storm Water, Project No. 04-8-01.
txc> MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a)
(b)
(c)
5. VISITORS - OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers.
(b)
(c)
7, PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
(a) 2006 Annual Operating and Capital Improvements Projects Budget:
1. Agenda Report from Jim Chase, Finance Manager dated November 30, 2005.
2. Proposed 2006 Annual Operating Budget Ordinance.
3. Proposed 2006 Capital Projects Budget Ordinance.
CONDUCT A PUBLIC HEARING
Ordinance No. , an Ordinance adopting the City of Pasco Operating Budget for the
Year 2006.
MOTION: I move for the first reading by title only of Ordinance No. , for consideration of
the 2006 Annual Operating Budget.
-AND-
Ordinance No. , an Ordinance adopting the City of Pasco Capital Projects Badger for
the Year 2006.
MOTION: I move for the first reading by title only of Ordinance No. , for consideration of
the 2006 Capital Projects Budget.
Regular Meeting 3 December 5,2005
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Q*(a) Ordinance No. ,an Ordinance of the City of Pasco, Washington,amending the Zoning
Classification of certain real property located in the Southwest 1/a of the Southeast 1/a of Section
28, Township 9 North, Range 30 East, from R-T (Residential Transition) to C-1 (Retail.
Business).
1. Agenda Report from David I. McDonald, City Planner dated December 1, 2005.
2. Proposed Rezone Ordinance.
3. Planning Commission Report: dated 11/l/05.
4. Planning Commission Minutes:dated 10/20/05 and 11/17/05.
MOTION: I move to adopt Ordinance No. , granting a rezone in Section 28 of
T9N, R30E from R-T to C-1 as recommended by the Planning Commission and, further,
authorize publication by summary only.
(b) Resolution No. , a Resolution approving an Interlocal Agreement between Franklin
County and the cities located in Franklin County in providing for local homeless housing and
assistance programs/plans.
1. Agenda Report from Richard J. Smith, Community&Economic Development Director dated
November 22,2005.
2. November 18,2005 letter from County Commission and Draft Interlocal Agreement.
3. Resolution.
MOTION: I move to approve Resolution No. approving an Interlocal Agreement
with Franklin County and other cities regarding local homeless housing programs/plans.
(c) Resolution No. , a Resolution approving an Assignment Agreement and authorizing
the City Manager to execute all documents necessary to effect the purchase of a 5.95 acre vacant
property fronting on East Lewis Street.
1. Agenda Report from Richard J. Smith, Community&Economic Development Director dated
November 30,2005.
2. Site Map.
3. Assignment Agreement.
4. Purchase and Sales Agreement (Council packets only; copy available in Planning Office for
public review).
5. Resolution approving Assignment Agreement.
MOTION: I move to approve Resolution No. authorizing approval of an
Assignment Agreement for the purchase of a 5.95 acre parcel fronting on East Lewis Street.
9. UNFINISHED BUSINESS:
(none)
10. NEW BUSINESS:
*(a) Acceptance of Sewer Line Easement:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
November 29,2005.
2. Sewer Line Easement.
3. Location Map.
MOTION: I move to authorize the City Manager to execute acceptance of a Sewer Line
Easement from Mr. E. A. Curtis allowing the city to construct, operate and maintain a sewer
service line for the Park Maintenance and Cemetery Buildings.
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
13. ADJOURNMENT.
(RC) Roll Call Vote Required
Item not previously discussed
MF# "Master File#......
Q Quasi-Judicial Matter
Regular Meeting 4 December 5, 2005
REMINDERS:
1. 1:30 p.m., Monday, December 5, KGH — Emergency Medical Services Board Meeting.
(COUNCILMEMBER TOM LARSEN, Rep.; EILEEN CRAWFORD,Alt.)
2. 4:30—7:00 p.m., Tuesday, December 6, 3211 W. Court Street—Banner Bank Ribbon Cutting(4:30 p.m.)
and Grand Opening Celebration. (MAYOR MIKE GARRISON) (ALL COUN ILME
MBERS INVITED
TO ATTEND)
3. 12:00 p.m., Wednesday, December 7, 1135 E. Hillsboro Street, #B — Franklin County Mosquito Control
District Board Meeting. (COUNCILMEMBER JOE JACKSON)
4. 7:00 a.m., Thursday, December 8 — BFCG Tri-Mats Policy Advisory Committee Meeting.
(COUNCILMEMBER REBECCA FRANCIK)
5. 5:00 — 7:30 p.m., Thursday, December 8, 110 S. 4's Avenue — Pasco Specialty Kitchen Holiday Open
House. (ALL COUNCILMEMBERS INVITED TO ATTEND)
6. 5:30 p.m., Thursday, December 8, 710 W. Court Street — Community Action Committee Board Meeting.
(COUNCILMEMBER EILEEN CRAWFORD, Rep.; JOE JACKSON, Alt.)
7. 7:00 p.m., Thursday, December 8, Transit Facility — Ben-Franklin Transit Board Meeting.
(COUNCILMEMBER MATT WATKINS, Rep.; EILEEN CRAWFORD,Alt.)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 21, 2005
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Michael Garrison, Mayor.
ROLL CALL:
Councilmembers present: Robert Hoffmann, Tom Larsen, Eileen Crawford, Rebecca
Francik, Matt Watkins and Michael Garrison. Joe Jackson was excused.
Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan
Strebel, Administrative & Community Services Director; Richard Smith, Community &
Economic Dev. Director; Bob Alberts, Public Works Director; Doug Bramlette, City
Engineer; David McDonald, City Planner; Denis Austin, Police Chief; Greg Garcia, Fire
Chief; and James Chase, Financial Services Manager.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated November 7, 2005.
(b) Bills and Communications:
To approve General Claims in the amount of$3,018,436.59 ($83,481.66 being in the
form of Wire Transfer Nos. 4428 and 4432 and, $2,934,954.93 consisting of Claim
Warrants numbered 151720 through 151930).
To approve bad debt write-offs for utility billing, ambulance, cemetery and Municipal
Court non-criminal, criminal and parking accounts receivable in the total amount of
$232,496.96 and, of that amount, authorize $159,370.00 be turned over for collection.
(c) Final Plat— Loviisa Farms II, Phase 6 (Aho Construction) (MF#05-120-FP):
To approve the final plat for Loviisa Farms II, Phase 6.
(d) Resolution No. 2911, a Resolution allocating estimated 2006 Federal HOME
Funds.
To approve Resolution No. 2911, allocating 2006 HOME Funds.
(e) Resolution No. 2912, a Resolution allocating HOME Funds for the purchase
of two vacant lots on 5th Avenue.
To approve Resolution No. 2912, appropriating HOME Funds to purchase two vacant lots
on South 5th Avenue.
(f) Resolution No. 2913, a Resolution concerning the Pasco Plateau Irrigation
System Plan.
To approve Resolution No. 2913, declaring Council's acceptance of the Pasco Plateau
Irrigation System Plan prepared by CH2M Hill.
(g) Resolution No. 2914, a Resolution fixing the time and date for a public
hearing to consider the vacation of a portion of North Wehe Avenue.
To approve Resolution No. 2914, fixing 7:00 p.m., December 19, 2005 as the time and
date for a public hearing to consider the proposed vacation.
3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 21, 2005
(h) Resolution No. 2915, a Resolution fixing the time and date for a public
hearing to consider the vacation of all streets in Binding Site Plan #2001-04.
To approve Resolution No. 2915, fixing 7:00 p.m., December 19, 2005 as the time and
date for a public hearing to consider the proposed vacation.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Ms. Crawford
seconded. Motion carried by unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGMENTS:
Ms. Carol Ehlinger, Regional Audit Manager, presented a letter of recognition to Mayor
Mike Garrison, on behalf of the Washington State Auditor's Office, recognizing 10
consecutive audits with no findings.
VISITORS - OTHER THAN AGENDA ITEMS:
Mr. Sven Daily, 2107 N. 91h, inquired about the funds to be used to purchase the lots on
5th &Ainsworth.
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
2005 Water and Sewer Utility Revenue Bonds.
Mr.Jim Chase, Financial Services Manager, and Ms. Suzanne Elde, Banc of
America Securities LLC, explained the details of the Bond sale.
Ordinance No. 3740, an Ordinance relating to the waterworks utility of the city,
including the sanitary sewerage system and the system of storm or surface water
sewers as a part thereof; adopting a system or plan of additions to and betterments
and extensions of the waterworks utility of the city; providing for the issuance and
sale of$4,400,000 par value of water and sewer revenue bonds, 2005, for the
purpose of carrying out the system or plan adopted by this ordinance and to pay the
cost of issuing and selling those bonds; fixing the date, form,denomination,
maturities, interest rates, terms and covenants of the bonds authorized herein;
(providing for bond insurance); and providing for the sale and delivery of the bonds
to Banc of America Securities LLC of Seattle, Washington.
MOTION: Ms. Francik moved to adopt Ordinance No. 3740, an ordinance relating to the
waterworks utility of the city, including the sanitary sewerage system and the system of
storm or surface water sewers as a part thereof; adopting a system or plan of additions to
and betterments and extensions of the waterworks utility, providing for the issuance and
sale of$4,400,000 par value of water and sewer utility revenue bonds, 2005,for the
purpose of carrying out the system or plan adopted by this ordinance and to pay the cost
of issuing and selling those bonds; fixing the date, form, denomination, maturities,
interest rates, terms and covenants of the bonds authorized herein; providing for bond
insurance; and providing for the sale and delivery of the bonds to Banc of America
Securities LLC of Seattle, Washington. Ms. Crawford seconded. Motion carried. No—
Larsen.
Setting the 2006 Property Tax Levy:
Council and Staff discussed the options for the 2006 Tax Levy.
Ordinance No. 3741, (Option 1 or 2) an Ordinance providing for the 2006 Ad
Valorem Tax levy, a levy for the 1999 Unlimited Tax General Obligation Bonds and
a levy for the 2002 Unlimited General Obligation Refunding Bonds in the City of
Pasco in accordance with state law.
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 21, 2005
MOTION: Mr. Watkins moved to adopt Ordinance No. 3741A, Option 1, providing for
the 2006 Ad Valorem Tax Levy, a levy for the 1999 Unlimited Tax General Obligation
Bonds and the 2002 Unlimited Tax General Obligation Refunding Bonds. Ms. Francik
seconded. Motion failed by the following Roll Call vote: Yes — Watkins, Francik,
Garrison. No—Larsen, Hoffmann, Crawford.
MOTION: Ms. Crawford moved to adopt Ordinance No. 3741B, Option 2, providing for
the 2006 Ad Valorem Tax Levy, a levy for the 1999 Unlimited Tax General Obligation
Bonds and the 2002 Unlimited Tax General Obligation Refunding Bonds. Mr. Larsen
seconded.
MOTION: Ms. Crawford called for the question. Mr. Larsen seconded. Motion carried.
Original Motion, Ordinance No. 3741B, carried by the following Roll Call vote. Yes —
Crawford, Larsen, Hoffmann, Watkins, Francik. No—Garrison.
Ordinance No. 3742, (Option 1 or 2) an Ordinance preserving property tax levy
capacity in the City of Pasco, Washington for fiscal years after 2006 in accordance
with state law.
MOTION: Ms. Francik moved to adopt Ordinance No. 3742, Option 2, preserving
property tax levy capacity for fiscal years after 2006 in accordance with state law. Ms.
Crawford seconded. Motion carried.
NEW 13USINESS:
Purchase of Property located at 5th & Ainsworth:
MOTION: Ms. Francik moved to approve the purchase of portions of lots 7 and 8,
Gantenbeins Addition and, further, authorize the City Manager to execute all documents
necessary to effect the purchase. Mr. Watkins seconded. Motion carried. No —Larsen.
Agreement for Legislative Consultant Services:
MOTION: Ms. Francik moved to approve the agreement for legislative consultant
services with Smith Alling Lane, P.S. and, further, authorize the City Manager to sign the
agreement. Mr. Watkins seconded.
MOTION: Ms. Francik called for the question. Ms. Crawford seconded. Motion carried.
No—Larsen.
Original Motion carried. No—Larsen.
Reject SR-395/Court Street Pedestrian Overpass Crossing:
MOTION: Ms. Francik moved to reject all bids received for the SR-395/Court Street
Pedestrian Overpass Crossing project and, further, authorize staff to pursue funding
assistance from the state. Ms. Crawford seconded.
MOTION: Ms. Crawford moved to table the motion to the December 5`" regular
meeting. Mr. Watkins seconded. Motion carried.
MISCELLANEOUS DISCUSSION:
Mr. Hoffmann, Ms. Francik and Ms. Crawford noted concern about the City taking on the
financial responsibility of Chiawana Park.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:25 p.m.
3
MINUTES
REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 21, 2005
APPROVED: ATTEST:
Michael L. Garrison,Mayor Webster U. Jackson, City Clerk
PASSED and APPROVED this 5th day of December, 2005
4
CITY OF PASCO
Council Meeting of:
December 5, 2005
Accounts Payable Approved
The City Council
City of Pasco, Franklin County,Washington
We,the undersigned,do hereby certify under penalty of perjury that the materials have been furnished,the
services rendered or the tabor performed as described herein and that the claim is a just,due and unpaid
obligation against the city and that we are authorized to authenticate and certify.-to said
Gary Crutchfield, City Manager James W. Ch e, Finance Manager
We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington,
do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer
No.s 4434 and 4438 in the amount of$74,071.51, have been authorized;that Check No.$ 151931 through
152109 are approved for payment in the amount of$1,113,720.59,for a combined total of$1,187,792.10 on
this 5th day of December,2005.
Councilmember Councilmember
SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND:
GENERAL FUND:
Legislative 390.00
Judicial 3,341.78
Executive 2,972.93
Police 137,959.11
Fire 3,544.67
Administration&Community Services 18,023.76
Community Development 43,940.87
Engineering 1,690.90
Non-Departmental 87,884.89
Library 69,635.78
TOTAL GENERAL FUND: 369,384.69
STREET 57,191.56
C_ D. BLOCK GRANT 3,219.26
KING COMMUNITY CENTER 816.40
AMBULANCE SERVICE 21146.05
CEMETERY 163.86
ATHLETIC PROGRAMS 0.00
SENIOR CENTER 3,428.01
MULTI MODAL FACILITY 1,491.71
SPECIAL ASSESSMNT LODGING 12,583.91
LITTER CONTROL 0.00
REVOLVING ABATEMENT 839.00
PARKS FUND 0.00
TRAC DEVELOPMENT 0.00
STADIUM/CONVENTION CENTER 607.02
SUN WILLOWS RESIDENTIAL DEVELOPMENT 250,872.28
METRO DRUG TASK FORCE 8,546.26
METRO DRUG FORFEITURE FUND 628.60
GENERAL CONSTRUCTION 101,953.69
WATER/SEW ER 223,872.59
EQUIPMENT RENTAL-OPERATING 12,012.69
EQUIPMENT RENTAL-REPLACEMENT 189.53
MEDICAL/DENTAL INSURANCE 74,071.51
CENTRAL STORES 2,185.59
FIRE PENSIONS 4,825.18
PAYROLL CLEARING 32,097.86
PUBLIC FACILITIES DIST 24,664.85
GRAND TOTAL ALL FUNDS: $ 1,187,792.10
3(b).1
CITY OF PASCO
Council Meeting of:
Payroll Approval December 5, 2005
The City Council
City of Pasco
Franklin County,Washington
The follo g is a summary of payroll claims against the City of Pasco for the month of
November 2 5 hlc e prese led herewith for your review and approval.
Lac
G field, City anager James W. Cha ; Finance Manager
We,the undersigned City Council members of the City Council of the City of Pasco, Franklin County,
Washington,do hereby certify that the services represented by the below expenditures have been received
and that payroll voucher No's. 33836 through 33954 and EFT deposit No's. 30007305 through 30007763
and City contributions in the aggregate amount of$1,354,920.97 are approved for payment on this
5th day of December 2005_
Councilmember Councilmember
SUMMARY OF PAYROLL BY FUND
GENERAL FUND:
Legislative $ 5,435.00
Judicial 51,240.78
Executive 30,973.52
Police 403,246.50
Fire 194,383.83
Administrative&Community Services 200,653.31
Community Development 48,646.71
Engineering 62,395.19
TOTAL_GENERAL FUND 996,974.84
CITY STREET 29,730.57
BLOCK GRANT 10,589.49
MARTIN LUTHER KING CENTER 4,502.29
AMBULANCE SERVICE FUND 87,241.69
CEMETERY 4,268.51
ATHLETIC FUND
SENIOR CENTER 9,026.18
STADIUM OPERATIONS
MULTI-MODAL FACILITY
BOAT BASIN
REVOLVING ABATEMENT FUND
TASK FORCE 7,746.70
WATER/SEWER 185,475.60
EQUIPMENT RENTAL-OPERATING 19,365.10
GRAND TOTAL ALL FUNDS $ 1,354,920.97
Payroll Summary
Net Payroll 778,746.43
Employee Deductions 324,355.70
Gross Payroll 1,103,102.13
City of Pasco Contributions 251,818.84
Total Payroll $ 1,354,920.97
3(b).2
AGENDA REPORT
FOR: City Council Date: 11115/05
TO: Gary Crutchfi d, lanager Workshop Mtg.: 11/28/05
FROM: Denis Austin, Pblice Chief Regular Mtg.: 12/05/05
SUBJECT: 2006 Interlocal Agreement for Emergency Dispatch Services
I. REFERENCE(S):
A) Proposed Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
12/05 MOTION: I move to approve the 2006 Interlocal Agreement with Franklin County
for Emergency Dispatch Services and, further, to authorize the Mayor to sign the
agreement.
III. FISCAL IMPACT:
A) $475,437
IV. HISTORY AND FACTS BRIEF:
A) The City's 2006 Interlocal Agreement for Emergency Dispatch Service is similar to
the 2005 contract. The attached tentative agreement represents a consensus of
the parties who have worked to develop it.
B) The total 2006 Dispatch budget is $753,995. The City of Pasco's portion of the
2006 budget has been increased by $10,802 or 2.32% from the 2005 budget. The
Police Department costs will be $397,950. The Fire Department costs will be
$77,487.
V. DISCUSSION:
A) Part of our responsibilities, as a member of the Dispatch Oversight Committee, is
for the Chief of Police and staff to meet with the Franklin County Sheriff to develop
the 2006 Interlocal Agreement for Emergency Dispatch Services. The new
agreement:
• Continues the equitable distribution of costs to Dispatch Users via use of a
base fee/user fee method of cost assessment and;
• Continues to provide the Sheriff with input on the management and
administration of the Dispatch Center;
• Continues to provide a mechanism for resolution and review of Dispatch
service complaints;
• Provides for resolution of Dispatch Center issues, if necessary, by binding
arbitration;
• Provides for more complete and timely fiscal reporting concerning the
dispatch operation;
• Provides the Dispatch Oversight Committee with the authority to accept or
reject new dispatch users.
We believe that the 2006 Interlocal Agreement for Emergency Dispatch Services
continues to improve the quality of service provided to citizens and allows the City
adequate input to the Dispatch Operation.
3(c)
2006 INTERLOCAL COOPERATION AGREEMENT FOR
EMERGENCY DISPATCH SERVICE
THIS AGREEMENT, made and executed this day of , 2005, by and
between Franklin County, State of Washington, and the Sheriff of Franklin County, Washington
acting jointly, hereinafter referred to as "County" and the undersigned municipal corporations
hereinafter referred to as "Dispatch Users" or individually as the "Dispatch User,"
WITNESSETH;
THE PURPOSE of this agreement is to establish a modern, fully equipped, adequately
trained and staffed, Emergency Dispatch Center to assist Dispatch Users in providing emergency
response for the benefit of its citizens residing in the Dispatch User jurisdictions who are served
by the Dispatch Center. This Interlocal Cooperation Agreement will replace and supersede all
prior Interlocal Dispatch Service Agreements between the Dispatch Users and Franklin County,
except for the "Supplemental Agreement for Emergency Dispatch Services," dated the 18`h day
of December 2000, a copy of which is attached and hereby incorporated by reference as a
supplement to this 2006 Agreement.
WHEREAS, County has developed and is presently maintaining and operating an
Emergency Dispatch Center capable of receiving emergency telephone messages from the public
in need of emergency police, fire or ambulance service, and of dispatching Dispatch User
personnel to such calls, as well as providing on line BI-PIN computer information, and
information from State of Washington ACCESS Systems to such users, and
WHEREAS, each Dispatch User has a responsibility to provide a means for the receipt
of, as well as the dispatch of, appropriate emergency equipment and personnel in answer to said
emergency calls from persons living within the geographic boundaries of the "Dispatch User",
and
WHEREAS, it is agreed by the parties that a modern, fully equipped, adequately staffed,
Emergency Dispatch Center would promote efficiency and provide for greater cooperation and
coordination in the delivery of emergency services to the public at a reasonable cost, Now,
Therefore,
IN CONSIDERATION of the mutual covenants and agreements herein contained, and
pursuant to the authority granted by Chapter 39.34 RCW, it is hereby agreed by the parties as
follows:
2006 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES
Page 1 of 9
I
OPERATIONS
A. Emergency Dispatch Center. County will provide, maintain and operate an emergency
dispatch center to include the furnishing, maintenance, repair and replacement of all facilities,
phones, radios, teletypes, hearing impaired phones, fax machines, language line, UMDT System,
Access to CAD system via mobile data terminal interface, computer aided dispatch, and other
required electronic equipment as well as qualified personnel necessary to courteously, efficiently
and effectively receive and dispatch emergency calls for service 24 hours per day, seven days per
week, 365 days per year.
Dispatcher Requirements and Qualifications. All dispatchers shall be required to attend and
successfully complete dispatch-training courses to certify them to "Dispatcher IP' standards as
developed by the Washington Criminal Justice Training Commission. County shall have at least
one bilingual Dispatch Center staff member assigned to each shift in order to more effectively
communicate with the Spanish-speaking residents who are served by the Dispatch Center.
B. Professional Service. County agrees to provide professional quality dispatch service that
is free from rude or unprofessional conduct toward the public or employees of the Dispatch
Users and operates in strict compliance with established radio procedures. In the event of
complaints which are appropriately documented and provided to them, County agrees to provide
to Dispatch Users unedited taped cassette copies of all questioned service interchanges as well as
a written report of the action taken in response to each complaint. Such service reviews shall be
completed and responded to within 15 days of receipt from a Dispatch User agency. As part of
an ongoing quality service review a brief summary of all complaints and their dispositions shall
be made available to the Dispatch Oversight Committee at their quarterly meetings.
C. Dispatch User Operations. Dispatch Users agree to have adequate staffing immediately
available to receive information about, and to respond to, such emergencies. Dispatch Users
shall in no way have direct supervision or control over the personnel or equipment owned and
operated by the Dispatch Center. The sole responsibility and function of Dispatch User shall be
to receive and respond to such calls in a timely manner. Dispatch Users shall defend, indemnify
and hold the County harmless from Dispatch User caused delay in handling said emergency
calls, or for negligent, misfeasant or malfeasant acts of Dispatch User personnel in answering
said calls or performing any of their official functions associated therewith. Dispatch Users shall
avoid rude or unprofessional conduct toward employees of the Dispatch Center and operate in
strict compliance with established radio procedures.
D. Additional Services. In addition to the receipt and dispatch of said emergency calls,
County shall provide to Dispatch Users access to information available through W.A.S.I.S.,
D.O.L., BI-PIN Computer Systems, Mobile Data Terminals and the Computer Aided Dispatch
System. The provisions of the supplemental agreement between the City of Pasco and Franklin
County for dispatch services, dated 18th day of December 2000, are hereby incorporated in and
made a part of this agreement by this reference(See Appendix "C").
2006 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES
Page 2 of 9
E. Systems SUDPort. County agrees to provide back up dispatch systems necessary to assure
that such center remains operational in all circumstances. In the event such operating systems or
backup systems become inoperative through damage by fire, casualty or act of God, County shall
use temporary systems to assure continuing dispatch service. County shall use all reasonable
means to return said dispatch center to full operational capacity within 24 hours.
II
MAINTENANCE
A. Equipment Costs and Maintenance. Each Dispatch User agrees to provide, at its own
expense, all radio and electronic equipment required to receive and respond to County Dispatch
Center communications. Such radio and electronic equipment shall be of good quality and
capable of receiving and broadcasting upon such frequencies as shall be licensed for use by the
F.C.C. Such equipment shall be maintained and operated by Dispatch User personnel in a
manner that will minimize interference with other Dispatch Users of the County Dispatch Center.
In the event such operating systems or backup systems become inoperative, Dispatch User shall
employ all reasonable means to return said system to full operation within 24 hours.
III
ADMINISTRATION
A. Dispatch Oversight Committee. A Dispatch Oversight Committee shall be organized to
manage and administer the operations of the Emergency Dispatch Center. The Dispatch
Oversight Committee shall be comprised of:
1. Two members representing and selected by Pasco Police Department,
2. One member representing County Law Enforcement,
3. One member representing the Pasco Fire Department,
4. One member representing the Connell Police Department.
Each member of the Oversight Committee shall have one vote and all representatives
shall be appointed by their Dispatch User or Users no later than the 1St day of January of each
year for the term of this agreement and can only be removed by the appointing authority.
B. Administrative Responsibilities. It shall be the responsibility of the Oversight Committee
to oversee the operations and management of the Emergency Dispatch Service. Additionally, the
Oversight Committee shall provide the County Commissioners with appropriate observations
and recommendations pertaining to the operation and administration of the Dispatch Service.
County shall be responsible to implement the policies, contracts and the annual budgets approved
by the governing bodies of the participating jurisdictions.
C. Administrative Procedure. The Oversight Committee shall meet quarterly with and
provide guidance to the Dispatch Manager, who is selected by the County Sheriff, concerning
matters to include,but not limited to, the following issues:
2006 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES
Page 3 of 9
1. Budget, to include capital outlay expenditures;
2. Staffing levels, training and selection criteria for dispatchers;
3. Dispatch equipment (primary and backup);
4. Operating policies of the Dispatch Center;
5. The addition of new Dispatch Users;
6. The assignment and allocation of radio frequencies.
The Dispatch Oversight Committee shall also forward all appropriate recommendations
for the operation and management of the Dispatch Service to the County Commissioners for
approval. This process will require a simple majority vote. All non-voting Dispatch Users may
attend oversight meetings and provide input concerning operation of the Dispatch Center. When
making recommendations,the Dispatch Oversight Committee will have voting power concerning
all matters related to Dispatch Center operation, to include those issues mentioned above.
D. Dispute Resolution. In the event that disputes arise over any issue concerning the
Dispatch Center, all parties agree to utilize the services of a mutually agreed upon third party
arbitrator to help the parties resolve such issues. Any one Dispatch User or Users may request
resolution by arbitration. In the event that an Arbitrator cannot be agreed on within fifteen (15)
days all parties agree to utilize an Arbitrator chosen by the American Arbitration Association or
the FMCS. The aggrieved parties shall share payment for the services of such arbitrator equally.
Such costs shall not be paid for from the Dispatch Service budget. The findings of the Arbitrator
will be binding on all parties.
E. Supervision and Control. County shall in no way have supervision or control over the
responding personnel, vehicle or equipment owned and operated by any Dispatch User, nor shall
County in any manner be responsible for or determine the number or adequacy of emergency
vehicles or personnel provided by any Dispatch User. The sole responsibility and function of the
County shall be to receive emergency calls from the public, to timely dispatch equipment and
personnel in accordance with the Dispatch User provided priority call system and to provide
requested information to Dispatch User personnel, all in an expeditious manner.
F. Hold Harmless. County shall defend, indemnify and hold Dispatch Users harmless for
any claims or damages caused by the Dispatch Center caused delay in answering said calls, and
for the negligent, misfeasant or malfeasant acts of any Dispatch Center personnel in answering or
delivering said dispatch or performing any of their official functions whatsoever.
IV
FINANCE
A. The budget for Dispatch Center operation for year 2006 shall not exceed $753,995.
B. Dispatch Service Funding. Funding for dispatch services shall be apportioned to Direct
Dispatch Users and Contract Users based on the formula described below:
2006 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES
Page 4 of 9
1. Base Fees/Contract Fees. Each Direct Dispatch User shall pay a base fee and
each Contract Dispatch User shall pay a contract fee which is collectively
intended to pay for the minimum staffing and equipment necessary to effectively
operate the Dispatch Center 24 hours per day, 7 days per week, and 365 days per
year(See Appendix "A").
2. Direct Dispatch. A "Direct Dispatch User" agency is defined as a Dispatch User
who relies on the Dispatch Center to answer emergency calls for them, who has
the ability to use all other dispatch services including radio communications and
has access to all dispatch provided information systems.
3. Contract Dispatch User. A "Contract Dispatch User" agency is defined as an
agency that utilizes some, but not all, of the services that are provided to Direct
Dispatch Users. The contract fee for such agencies is set by the Dispatch
Oversight Committee and is based on a minimum contract fee plus the actual cost
attributed to the level of use of dispatch services.
4. Usage Fee. Beginning January 1, 2000, each Direct Dispatch User shall pay a
usage fee equal to the percentage of calls documented for their agency by the
incident numbering system in use for their agency for the prior calendar year. All
calls to the Dispatch Center requesting Law Enforcement, Fire and Ambulance
services from the Dispatch User, as identified on Appendix `B" attached herein
and incorporated by reference, are to be counted using said system. Only fire
calls that result in an actual emergency response will be counted. This usage fee
shall be applied to that portion of the Dispatch Center budget that remains unpaid
after application of the base and contract fees that have been agreed upon by each
agency. For purposes of continuity the 2006 usage percentage for the Direct
Dispatch Users may not exceed the 2002 usage percentage. An audit will be
performed to compare methods for future assessments.
5. Paz ent. Each Direct Dispatch User shall pay one-quarter (1/4) of the base and
usage fees quarterly on or before February 28th, May 31St, August 31St and
November 30th of the current contract year.
6. Estimated Fees and Annual Rpport. Estimated Direct Dispatch User and Contract
Dispatch User fees for the upcoming year shall be established and communicated
to each Dispatch User by September 1St of each contract year. Copies of the final
Dispatch Center budget for the coming year will be provided to each Direct
Dispatch User by December 15th. An annual report of all revenues and
expenditures for the preceding calendar year shall be provided to each Direct
Dispatch User by March 15th
7. Budget Increases. The County agrees to allow City input on salary and benefits
negotiations for dispatch personnel prior to reaching final approval.
2006 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES
Page 5 of 9
C. Capital Outla y and Maintenance Fund. The County agrees to budget no less than $5,000
as capital outlay each year for replacement and improvement of the central dispatch system for
each year this agreement is in effect. Any money that is not spent during said year shall be
deposited into the "Radio Maintenance Fund"which is a fund for capital expenditures related to
dispatch center operation. Capital outlay costs shall be considered a part of the total cost of
operation and maintenance of the dispatch system. All capital outlay expenditures shall require
recommendation or approval by the Dispatch Oversight Committee prior to expenditure. The
County shall administer all funds created by this agreement.
D. Equipment Use and Ownership. It is understood by all parties to the Interlocal
Agreement that some Direct Dispatch Users may have some of their own communication
equipment housed at the Franklin County Public Safety Building or at a joint use facility used by
the Dispatch Center. It is understood that acquired or loaned equipment used under a joint use
agreement with the Dispatch Center shall be covered for loss and maintained in working order by
the Dispatch Center. If such user chooses to remove such equipment or terminate this
agreement, County shall be given a 180-day advance written notice of such intent. Under such
circumstance it shall be the responsibility of the Dispatch Center to replace such equipment as
necessary to assure continuing operation of the Dispatch Center. All capital assets acquired after
the effective date of this agreement shall be owned proportionately by all Direct Dispatch Users
based on the percentage of the Dispatch Center budget each paid in total user costs.
V
DURATION
A. Duration of Agreement. This agreement shall be effective when signed by the
participating jurisdictions. It shall be reviewed annually but will remain in effect until all
Dispatch Users who are a party to this agreement have signed a new agreement.
B. Termination or Withdrawal. This agreement shall remain in full force and effect until
canceled by the parties hereto. A Dispatch User may terminate its part of the agreement by
written notice to the County 90 days before the end of the calendar year, at which time it shall
announce the intended removal of its communications equipment at the end of the year. The
County shall terminate services to any user if payment of Dispatch User Fees is not received
within 90 days after the due dates outlined in this agreement.
VI
NEW DISPATCH USERS
A. Additional Dispatch Users. The addition of Dispatch Users shall be subject to a majority
vote of acceptance by the Dispatch Oversight Committee. The Oversight Committee shall
recommend the fee to be assessed to the New Dispatch User. Within 60 days following
acceptance of an additional Dispatch User, County shall provide a revised schedule of Dispatch
User fees and shall credit or refund to Dispatch Users any refund that is due as a result of this
action.
2006 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES
Page 6 of 9
VII
MODIFICATION
A. Modification. Final approval for all modifications to the Interlocal Agreement shall
remain with the agency head that is authorized to sign this document. Any clause or provision of
this agreement can be modified or renegotiated without the execution of the entire agreement.
2006 INTERLO.CAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES
Page 7 of 9
DATED at Pasco, Washington this day of , 2005.
Attest:
Franklin County, Washington, a Municipal Corporation
Clerk of the Board of County Chairman, Board of County
Commissioners Commissioners of Franklin Co.
Franklin County Sheriff
User Agency Representative
City of Pasco
User Agency Representative
Pasco Police Department
User Agency Representative
Pasco Fire Department
User Agency Representative
City of Connell
User Agency Representative
Connell Police Department
User Agency Representative
2006 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES
Page 8 of 9
DATED at Pasco, Washington this day of , 2005.
Attest:
Franklin County, Washington, a Municipal Corporation
Clerk of the Board of County Chairman, Board of County
Commissioners Commissioners of Franklin Co.
Franklin County Sheriff
User Agency Representative
City of Pasco
User Agency Representative
2006 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES
Page 9 of 9
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2006 Dispatch Fee Schedule
Appendix "B"
Contract Agencies Contract Fee
Pasco Airport Police $ 3,000.00
Franklin Co. Hospital Dist. #1 $ 10,000.00
Franklin Co. F.P.D. #1 $ 3,000.00
Franklin Co. F.P.D. #2 $ 1,500.00
Franklin Co. F.P.D. #3 $ 8,800.00
Franklin Co. F.P.D. #4 $ 1,500.00
Columbia Basin College $ 700.00
Sub-total $ 28,500.00
Direct User Agenicies Base Fee %of Use Use Fee Total Cost
Pasco Police Dept. $ 134,317.00 74.00% $ 263,633.00 $ 397,950.00
Franklin Co. Sheriff $ 134,317.00 23.76% $ 84,638.00 $ 218,955.00
Connell Police Dept. $ 17,922.00 2.24% $ 7,990.00 $ 25,912.00
Pasco Fire Dept. $ 17,922.00 79.00% $ 59,565.00 $ 77,487.00
Contract Agencies (FCSO Paid) $ 17,857.00 21.00% $ 15,834.00 $ 33,691.00
Subtotals $ 322,335.00 200.00% $ 431,660.00 $ 753,995.00
Base Fees $ 322,335.00
Useage Fees $ 431,660.00
Total Budget $ 753,995.00
FRANKLIN COUNTY RESOLUTION 2000-
BEFORE THE BOARD OF COL TY COMMISSIONERS. FRANKLIN CO
U
` ASx- NGTON
j 0 w
RE: SLiPPLEN(ENTAL AGREENME�T OR �MEREENCY DISPAT H RO ES U
FOR 2000 BETWEEN FRxk—NKLW COU THE CITY O A CO FOR
JOINT PURCHASE OF MOBILE DATA COLvf!�IUNICATIONS TIN C
tirODL-LE FOR CAD LINK NiE
WHEREAS, Franklin County Resolution Number 99-342 approved the 2000 Interlocal
Cooperation Agreement for Emergency Dispatch Service between Franklin County, the Sheriff
of Franklin County and "Dispatch Users"; and
WHEREAS, the City of Pasco instituted the installation of Mobile Data Communications
terminals in its police cares and desires to upgrade the level of services; and
WHEREAS, the county also desires utilization of this upgrade for the benefit of the Sheriff
Department's patrol units and is best achieved by the joint utilization of this electronic
equipment; and
WHEREAS. pursuant to R.C.W. 36.01.010 and R.C.W. 36.32.120 the legislative authority of
each county is authorized to enter into contracts on behalf of the County and have the care of
County property and management of County funds and business; and
WHEREAS, the Board of Franklin County Commissioners constitutes the legislative authority
of Franklin County and desires to enter into this arrangement as being in the best interest of
Franklin County;
NOW THEREFORE, BE IT RESOLVED the Board of County Commissioners hereby
approves the attached Supplemental Agreement for Emergency Dispatch Services for 2000
between Franklin County and the City of Pasco for the joint purchase of Mobile Data
Communications interface module for CAD link presently operated by the County as part of the
Emergency Dispatch Center.
APPROVED this 18th day of December, 2000.
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY,,WASHNGTON
Ate_ 'r
Sue er, Cha'
Attest: Fr Brock, Me ber
Clerk to Oe Board §4eva J. C;01M1 Member
Originals: Auditor cc: Dispatch
Minutes Prosecutor
City of Pasco Sheriff
SUPPLEMENTAL AGREENIENT FOR
EMERGENCY DISPATCH SERVICES
This Supplemental Agreement is entered into this _day of Q�t�er, 2000,
between Franklin County (hereinafter referred to as "County") and the City of Pasco
(hereinafter referred to as "City") for the purpose of supplementing that Interlocal
Cooperation. Agreement for Emergency Dispatch. Services, dated the I". day of
November, 1999, wherein the County and City, together with other dispatch users are
parties.
In consideration of the mutual promises contained herein, it is agreed as follows:
SECTION I
PURPOSE
The City has instituted the installation of Mobile Data Communications terminals .
in its police cars, and desires to upgrade the level of services incident to that system to
provide for digital dispatch displays and communication which requires the installation of
additional electronic hardware to the existing emergency dispatch equipment utilized by
the parties under the existing Interlocal Cooperation Agreement for Emergency Dispatch
Services, dated November 1, 1999, and the County likewise desires utilization of this
Upgrade for the benefits of the Sheriff Department's patrol units which is best achieved
by the joint utilization of this electronic equipment and its associated software
components and to further share the cost of the implementation, maintenance and
utilization of this service.
SECTION H
RESPONSIBILITY OF THE CITY
The City shall procure, deliver and install the Intergraph UN MT interface module
and all necessary associated equipment for its integration into the Intergraph CAD link
presently operated by the County as part of the Emergency Dispatch Center. The City
dces hereby sublicense to the County all rights for the use of the software, its update and
supplements incident to the interface module. The City grants to the County joint use of
the electronic equipment and software incident to the IJMDT interface module.
SECTION Ill .
RESPONSIBILITIES OF THE COUNTY
The County shall pay the sum of FORTY FOUR THOUSAND THREE
HUNDRED SEVENTY THREE DOLLARS and 00/100 ($44,373.00), plus tax, as-part
of their contribution for the purchase of equipment and the operation of the I/MDT
interface module. The County shall integrate the WNIDT interface module and its
supporting software as a part of the Emergency Dispatch Center providing all additional
power, wiring, protection, maintenance and operation for the system.
Supplemental Agreement Emergency Dispatch Services-Page I of 3
SECTION IV
NO ALTERA'T'ION OR NIODIFICATION OF SYSTEM
Neither the Counry nor City shall modify, alter, disconnect, or supplement the
system, other than manufacturer's recommendation upgrade, without written prior
agreement of the other. Should the parties be unable to a4ree on any modification,
utilization, or operation of the system, the dispute shall be submitted to arbitration. In the
event an arbitrator cannot be mutually determined by the parties, each party shall select
an arbitrator, and the two selected arbitrators shall select a third arbitrator and hear the
dispute as an arbitration panel. Decision of the arbitrator or majority of arbitrators shall
be binding upon the parties.
SECTION V
AFFECT ON INTERLOCAL COOPERATION AGREEMENT FOR
EMERGENCY DISPATCH SERVICES
Except as specifically supplement by this Agreement, all terms of the Interlocal
Cooperation Agreement for Emergency Dispatch Services, dated November 1, 1999, not
inconsistent herewith, shall remain in full force and effect.
'Jlb� �f_G
DATED this_ I A -day of qrA ber, 2000
CITY OF PASCO: FRANKLIN COUNTY:
Nfichael L. Garrt n Sue tiliIler
Mayor Chairman
Denis Austin treva J. Co m
Chief of Police Commissio r
ATTEST:
Catherine D. Seaman Frank H.Brock
Deputy City Clerk Commissioner
Supplemental Agreement Emergency Dispatch Services-Page 2 of 3
APPROVED AS TO FORM
Leland B. Kerr chard Lathim
City Attorney Franklin County ieriff
ATTEST:
Mary ithers
Clerk to the Board
APPROVED AS TO FORM:
Steve Lowe
Franklin County Prosecutor
Supplemental Agreement Emergency Dispatch Services»Page 3 of 3
AGENDA REPORT
November 21, 2005
FOR: City Council
TO: Gary Crutchfi ty anager Regular Mtg.: 12/05/05
FROM: Lynne Jackson, uman Resources Manager
SUBJECT: Bargaining Contract for Non-Uniformed Police Employees
I. REFERENCE(S):
1. Proposed Collective Bargaining Agreement (Council packets only; copy in Human
Resources Office for public review)
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
12/05: MOTION: I move to approve the Collective Bargaining Agreement with the
Pasco Police Officers Association (Non-Uniformed) for 2006 through 2008 and,
further, authorize the Mayor to sign the agreement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The current contract will terminate December 31, 2005.
V. DISCUSSION:
The city and representatives of the non-uniformed employees in the Police Department
have reached tentative agreement on a new, three-year contract. Following is a listing of
the significant changes to the agreement:
• Effective 2006:
0 01/01/06 3% increase
0 04/01/06 1% increase
0 07/01/06 2% increase
0 10/01/06 1% increase
• Effective January 1, 2007:
o 90%of CPI (West Coast B/C, Oct/Oct); 2%minimum, 4% maximum
• Effective January 1, 2008:
o 90% of CPI (West Coast B/C, Oct/Oct); 2% minimum, 4%maximum
• Several small non-economic changes were made; these changes are of no cost to the
city and are basic adjustments.
Staff recommends Council ratification of the Agreement.
J(d)
AGENDA REPORT
November 21, 2005
FOR: City Council
TO: Gary Crutchfi 1t Manager Regular Mtg.: 12/05/05
FROM: Lynne Jackson, luman Resources Manager
SUBJECT: Bargaining Contract for Public Works and Facilities Maintenance Employees
I. REFERENCE(S):
1. Proposed Collective Bargaining Agreement (Council packets only; copy in Human
Resources Office for public review)
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
12/05: MOTION: I move to approve the Collective Bargaining Agreement with the
International Union of Operating Engineers, Local 280, and, further, authorize the
Mayor to sign the agreement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The last contract terminated December 31, 2004.
V. DISCUSSION:
The city and representatives of the employees in the Public Works Department and
Administrative and Community Service Department/Facilities Division who are
represented by IUOE, Local 280 have reached tentative agreement on a new, three-year
contract. The bargaining unit has voted to approve it. Following is a listing of the
significant changes to the agreement:
• Effective January 1, 2005: 3% increase
• Effective the first full pay period following full ratification of the contract:
1% increase
• Effective January 1, 2006: 3% increase
Effective July 1, 2006: V2 % increase
• Effective January 1, 2007: 3% increase
Effective July 1, 2007: 1/2 % increase
• Benefits: medical/dental/vision coverage. Effective first full pay period following
full ratification of the contract:
■ Employees will pay 10% of the cost of the premium for medical/dental insurance
with a premium sharing cap of 2%of wages.
■ Employees will participate in the prescription card benefit
■ Employees will participate in the wellness benefit
■ Employees will participate in the VSP vision benefit, sharing premium at 50%
• Stand by(on call) responsibilities clarified.
Staff recommends Council ratification of the Agreement
3(e)
AGENDA REPORT
TO: City Council November 17, 2005
FROM: Gary Crutchfi 1 y anager Workshop Mtg.: 11/28/05
Regular Mtg.: 12/5/05
SUBJECT: Appointment o Municipal Court Judge
I. REFERENCE(S):
1. ESSB 5454
2. Proposed Resolution.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
11/28: Discussion �}
12/5: MOTION: I move to approve Resolution No. . _ /I�p confirming the
Mayor's reappointment of Mary Ramirez as Municipal Court Judge.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The City has long operated its own municipal court, in accordance with RCW
Chapter 3.50. State law requires a Municipal Court Judge to be appointed to four-
year terms by the Mayor, subject to confirmation of the City Council.
B) The state legislature approved ESSB 5454 during the 2005 session, relating to
operation of district and municipal courts. The most notable change relating to
municipal courts is the state's decision to include municipal court judges as eligible
for partial salary support from the state. Unfortunately, the legislation ties three
significant strings to the eligibility:
• The municipal court judge must be elected (not appointed by the City Council).
• The municipal court judge salary must be at least 95% of the district court salary
(set by the state) or, if part time judge, then it must meet the same standard on a
pro-rata basis.
• All payments received by the city from the state for judicial salary support must
be deposited in a separate account and expended only on "court improvements"
(more staff, indigent defense contract improvements, facility improvements,
etc.).
C) The benefit of the new funding assistance is indeterminable at this point in time.
since the 2005-2007 state budget estimates approximately $2.4 million for the two-
year period statewide for district and municipal court judicial salaries. That
allocation, however, is dependent on the total revenue to the "equal justice account"
exceeding $13.5 million (an uncertainty). Since payments during the state budget
biennium cannot exceed actual revenue, the salary payments from the state will not
be well established until 2007. Also, as more courts choose to utilize the new
funding assistance, the annual share for each court will decline. The best estimate
from AWC is between $9,000 (early) to $25,000 (later) annually.
V. DISCUSSION:
A) If the city were to comply with the eligibility requirements to take advantage of the
state funds, the municipal court judge salary must increase to $94,254 for 2006 (and
be subject to increase every year thereafter); this represents an annual increase of
more than $12,000 over the current annual salary. Ordinary employment costs would
push the increment of additional cost to about $15,000 yearly. Thus, most of the state
3{fI
funding assistance available through ESSB 5454 would simply be allocated to the
additional salary expense for the municipal court judge.
B) The Pasco Municipal Court has historically operated on a part-time basis and handles
a substantial caseload. As the population has dramatically grown over the past 10
years, so have municipal court filings. Five years ago the filings ranged between
4,000 and 5,000 annually; the past three years, filings have ranged from 7,000 and
9,000. The caseload is likely to be sustained in the area of 8,000 to 10,000 cases
annually. As that continues and potentially grows, there is greater potential for need
of a full-time judge (or an additional part-time judge). In the meantime, however, it is
important that the municipal court judge see that the court operates in a manner which
minimizes waste and duplication to assure an efficient, yet effective,judicial function;
Judge Ramirez has certainly demonstrated that ability during her 20-year tenure.
C) The opportunity for the city to recoup a portion of the municipal court judge salary
may be attractive on the surface; however, given the notable strings and uncertainties
associated with the opportunity at this point in time, staff recommends the city forego
the modest financial benefit for at least one additional appointment term. By 2009
(the year the reappointment would expire), the city will be much better able to discern
the financial benefit associated with the state's salary contributions.
Page 1 of 10
CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE SENATE BILL 5454
Chapter 457, Laws of 2005
54th Legislature
2005 Regular Session
COURTS--FUNDING
EFFECTIVE DATE: 7/24105
Passed by the Senate April 24, 2005
YEAS 40 NAYS 7 CERTIFICATE
BRAD OWEN I, Thomas Hoemann, Secretary of the Senate of th
State of Washington, do hereby certify that the
President of the Senate attached is ENGROSSED SECOND SUBSTITUTE
Passed by the House April 24, 2005 SENATE BILL 5454 as passed by the Senate and the
YEAS 84 NAYS 11 House of Representatives on the dates hereon set
forth.
FRANK CHOPP
THOMAS HOEMANN
Speaker of the House of Representatives
Secretary
Approved May 13, 2005.
FILED
May 13, 2005 - 3:13 p.m.
CHRISTINE GREGOIRE Secretary of State
Governor of the State of Washington State of Washington
ENGROSSED SECOND SUBSTITUTE SENATE BILL 5454
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AS AMENDED BY THE HOUSE
Passed Legislature- 2005 Regular Session
State of Washington 59th Legislature 2005 Regular Session
By Senate Committee on Ways& Means(originally sponsored by Senators Hargrove,Kline,Delvin,
Thibaudeau,Johnson, Shin, Stevens, Rockefeller and Kohl-Welles; by request of Board For Judicial
Administration)
READ FIRST TIME 03108/05,
AN ACT Relating to court operations; amending RCW 3.62.050, 2.56.030, 43.08.250, 3.62.060,
4.12.090, 10.46.190, 12.12.030, 12.40.020,26.12.240, 27.24.070, 36.18.012, 36.18.016,and 36.18.020;
adding a new section to chapter 3.46 RCW; adding a new section to chapter 3.50 RCW; adding a new
section to chapter 3.58 RCW; adding a new section to chapter 35.20 RCW; adding a new section to
chapter 3.62 RCW; creating a new section; and making appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW-SECTION.. Sec. l The legislature recognizes the state's obligation to provide adequate
representation to criminal indigent defendants and to parents in' dependency and termination cases. The
legislature also recognizes that trial courts are critical to maintaining the rule of law in a free society and
that they are essential to the protection of the rights and enforcement of obligations for all. Therefore,
the legislature intends to create a dedicated revenue source for the purposes of meeting the state's
commitment to improving trial courts in the state, providing adequate representation to criminal indigent
defendants, providing for civil legal services for indigent persons, and ensuring equal justice for all
citizens of the state.
NEW SECTION. See.2 A new section is added to chapter 3.46 RCW to read as follows:
Any city operating a municipal department under this chapter for which the state contributes to .
district or municipal court judges' salaries under section 7 of this act shall create a city trial court
improvement account. An amount equal to one hundred percent of the state's contribution received by
the city for the payment of the city's proportionate share of the district or municipal court judges' salaries
shall be deposited into the account. Money in the account shall be used to fund improvements to the
municipal department's staffing, programs, facilities, or services, as appropriated by the city legislative
authority.
NEW.SECTION. See.3 A new section is added to chapter 3.50 RCW to read as follows:
Any city or town operating a municipal court under this chapter for which the state contributes to
municipal court judges' salaries under section 7 of this act shall create a city or town trial court
improvement account. An amount equal to one hundred percent of the state's contribution for the
payment of the city's or town's municipal court judges'salaries shall be deposited into the account.
Money in the account shall be used to fund improvements to the municipal court's staffing, programs,
facilities, or services,as appropriated by the city or town legislative authority.
NEW SECTION. Sec.4 A new section is added to chapter 3.58 RCW to read as follows:
Any county with a district court created under this title shall create a county trial court improvement
account. An amount equal to one hundred percent of the state's contribution received by the county for
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the payment of district court judges'salaries under section 8 of this act shall be deposited into the
account. Money in the account shall be used to fund improvements to superior and district court staffing,
programs, facilities,or services, as appropriated by the county legislative authority.
NEW SECTION. Sec.5 A new section is added to chapter 35.20 RCW to read as follows:
Any city operating a municipal court under this chapter that receives state contribution for municipal
court judges' salaries under section 7 of this act shall create a city trial court improvement account. An
amount equal to one hundred percent of the state's contribution for the payment of municipal judges'
salaries shall be deposited into the account. Money in the account shall be used to fund improvements to
the municipal court's staffing,programs, facilities, or services,as appropriated by the city legislative
authority.
See.6 RCW 3.62.050 and 1987 c 202 s 114 are each amended to read as follows:
The total expenditures of the district courts, including the cost of providing courtroom and office
space, the cost of probation and parole services and any personnel employment therefor, and the cost of
providing services necessary for the preparation and presentation of a defense at public expense, except
costs of defense to be paid by a city pursuant to RCW 3.62.070 and_the.portion of district.court judges'
salaries distributed by the..administrator.for the courts_pursuant.to section.7 of this act, shall be paid from
the county current expense fund.
Sec.7 RCW 2.56.030 and 2002 c 49 s 2 are each amended to read as follows:
The administrator for the courts shall, under the supervision and direction of the chief justice:
(1)Examine the administrative methods and systems employed in the offices of the judges, clerks,
stenographers, and employees of the courts and make recommendations, through the chief justice, for
the improvement of the same;
(2) Examine the state of the dockets of the courts and determine the need for assistance by any court;
(3)Make recommendations to the chief justice relating to the assignment of judges where courts are
in need of assistance and carry out the direction of the chief justice as to the assignments of judges to
counties and districts where the courts are in need of assistance;
(4)Collect and compile statistical and other data and make reports of the business transacted by the
courts and transmit the same to the chief justice to the end that proper action may be taken in respect
thereto;
(5)Prepare and submit budget estimates of state appropriations necessary for the maintenance and
operation of the judicial system and make recommendations in respect thereto;
(6) Collect statistical and other data and make reports relating to the expenditure of public moneys,
state and local, for the maintenance and operation of the judicial system and the offices connected
therewith;
(7) Obtain reports from clerks of courts in accordance with law or rules adopted by the supreme court
of this state on cases and other judicial business in which action has been delayed beyond periods of
time specified by law or rules of court and make report thereof to supreme court of this state;
(8)Act as secretary of the judicial conference referred to in RCW 2.56.060;
(9) Submit annually,as of February 1st,to the chief justice, a report of the activities of the
administrator's office for the preceding calendar year including activities related to courthouse security;
(10) Administer programs and standards for the training and education of judicial personnel;
(11) Examine the need for new superior court and district judge positions under a weighted caseload
analysis that takes into account the time required to hear all the cases in a particular court and the
amount of time existing judges have available to hear cases in that court. The results of the weighted
caseload analysis shall be reviewed by the board for judicial administration which shall make
recommendations to the legislature. It is the intent of the legislature that weighted caseload analysis
become the basis for creating additional district court positions,and recommendations should address
that objective;
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(12)Provide staff to the judicial retirement account plan under chapter 2.14 RCW;
(13)Attend to such other matters as may be assigned by the supreme court of this state;
(14)Within available funds, develop a curriculum for a general understanding of child development,
placement, and treatment resources, as well as specific legal skills and knowledge of relevant statutes
including chapters 13.32A, 13.34, and 13.40 RCW, cases,court rules, interviewing skills, and special
needs of the abused or neglected child. This curriculum shall be completed and made available to all
juvenile court judges, court personnel, and service providers and be updated yearly to reflect changes in
statutes, court rules, or case law;
(15) Develop, in consultation with the entities set forth in RCW 2.56.150(3), a comprehensive
statewide curriculum for persons who act as guardians ad litem under Title 13 or 26 RCW. The
curriculum shall be made available July 1, 1997, and include specialty sections on child development,
child sexual abuse, child physical abuse,child neglect, clinical and forensic investigative and
interviewing techniques,family reconciliation and mediation services,and relevant statutory and legal
requirements. The curriculum shall be made available to all superior court judges, court personnel, and
all persons who act as guardians ad litem;
(16) Develop a curriculum for a general understanding of crimes of malicious harassment,as well as
specific legal skills and knowledge of RCW 9A.36.080,relevant cases, court riles, and the special needs
of malicious harassment victims. This curriculum shall be made available to all superior court and court
of appeals judges and to all justices of the supreme court;
(17)Develop, in consultation with the criminal justice training commission and the commissions
established under chapters 43.113,43.115, and 43.117 RCW, a curriculum for a general understanding
of ethnic and cultural diversity and its implications for working with youth of color and their families.
The curriculum shall be available to all superior court judges and court commissioners assigned to
juvenile court, and other court personnel. Ethnic and cultural diversity training shall be provided
annually so as to incorporate cultural sensitivity and awareness into the daily operation of juvenile
courts statewide;
(18) Authorize the use of closed circuit television and other electronic equipment in judicial
proceedings. The administrator shall promulgate necessary standards and procedures and shall provide
technical assistance to courts as required;
(19)Develop a Washington family law handbook in accordance with RCW 2.56.180;
Administer and distribute_amounts_app ropriated.from the.equal.justice subaccount under
RCW 43.08.250(2)_for district court judges' and.qualifying elected municipal court.judges'.salary
contributions. The administrator.for the courts shall develop a.distribution formula for these amounts
that does not differentiate.between district and elected municipal court judges.
(b) A city qualifies for state contribution of elected.municipal court.judges' salaries under(a)of this
subsection if-
(i)The_judge is serving in an elected position;
(ii)The city has established..by_ordinance.that.a full-time judge is compensated at a,rate equivalent to
at least.ninety-five percent,.but.not_more than.one hundrgd_percent}.of a district..court.judge.salary or for
apart-time judge on a..pro rata.basis_the same_equivalent;.and
(iii) The city has certified to the office of the administrator for the courts that.the conditions in(b)(i.)
and(ii) of this subsection have.been.met.
Sec. 8 RCW 43.08.250 and 2003 1st sp.s. c 25 s 918 are each amended to read as follows:
(1)The money received by the state treasurer from fees, tines, forfeitures, penalties, reimbursements
or assessments by any court organized under Title 3 or 35 RCW, or chapter 2.08 RCW, shall be
deposited in the public safety and education account which is hereby created in the state treasury. The
legislature shall appropriate the funds in the account to promote traffic safety education,highway safety,
criminal justice training, crime victims'compensation,judicial education, the judicial information
system, civil representation of indigent persons, winter recreation parking, drug court operations,and
state game programs. During the fiscal biennium ending June 30,2005, the legislature may appropriate
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moneys from the public safety and education account for purposes of appellate indigent defense and
other operations of the office of public defense,the criminal litigation unit of the attorney general's
office,the treatment alternatives to street crimes program,crime victims advocacy programs,justice
information network telecommunication planning,treatment for supplemental security income clients,
sexual assault treatment, operations of the office of administrator for the courts, security in the common
schools, alternative school start-up grants,programs for disruptive students, criminal justice data
collection, Washington state patrol criminal justice activities, drug court operations,unified family
courts, local court backlog assistance, financial assistance to local jurisdictions for extraordinary costs
incurred in the adjudication of criminal cases, domestic violence treatment and related services, the
department of corrections' costs in implementing chapter 196, Laws of 1999, reimbursement of local
governments for costs associated with implementing criminal and civil justice legislation, the
replacement of the department of corrections'offender-based tracking system, secure and semi-secure
crisis residential centers, HOPE beds, the family policy council and community public health and safety
networks, the street youth program,public notification about registered sex offenders,and narcotics or
methamphetamine-related enforcement, education,training, and drug and alcohol treatment services.
(2)(a).The equal justice subaccount.is created as a subaccount of the public safety and education
account. The money received by the state treasurer from.the increase in fees.imposed by sections 9, 10,
12, 13, 14, 17,,and 19, chapter. , . (this act), Laws of 2005 shall be deposited in the equal justice
subaccount and shall be appropriated only for:
(i)Criminal indigent defense.assistance and enhancement.at.the trial.court_level, including.a.criminal
indigent defense..pilot_program;_ (.ii)Representation of parents in dependency and termination
Proceedings;
(i i).Civil.legal.representation ofindigentpersons; and
(ly)Contribution to district court judges'.salaries and to eligible elected municipal court-judges!
salaries.
(b) For the 2005-07 fiscal biennium, an amount equal to twenty-frve.percent of revenues to the equal
justice subaccount, less one million dollars, shall be appropriated from the equal justice subaccount to
the administrator.for the courts.for purposes of(a)(iv) of this subsection. For the 2007-09 fiscal
biennium and subsequent.fiscal biennia, an..amount equal to.fifty percent.Of revenues to the equal,justice
subaccount shall be appropriated.
from the equal justice subaccount_to the administrator for the courts for
the purposes of(a)(iv).of this
Sec. 9 RCW 3.62.060 and 2003 c 222 s 15 are each amended to read as follows:
Clerks of the district courts shall collect the following fees for their official services:
(1)In any civil action commenced before or transferred to a district court, the plaintiff shall, at the
time of such commencement or transfer, pay to such court a filing fee of((thirty one)) forty-three dollars
plus any surcharge authorized by RCW 7.75.035. Any party filing a counterclaim, cross-claim, or third-
party_claim.in..such.action shall_.pay.to..the court a_frling fee..of forty-three.dollars plus any.surcharge
authorized_by_RCW..7.75.035. No party shall be compelled to pay to the court any other fees or charges
up to and including the rendition of judgment in the action other than those listed.
(2)For issuing a writ of garnishment or other writ,or for filing an attorney issued writ of
garnishment,a fee of((six))twelve dollars.
(3)For filing a supplemental proceeding a fee of((tw4v ))twenty dollars.
(4) For demanding a jury in a civil case a fee of((€rfky)) one hundred.twenty-.five dollars to be paid
by the person demanding a jury.
(5) For preparing a transcript of a judgment a fee of((six)) twenty dollars.
(6)For certifying any document on file or of record in the clerk's office a fee of five dollars.
(7) For preparing the record of a case for appeal to superior court a fee of forty dollars including any
costs of tape duplication as governed by the rules of appeal for courts of limited jurisdiction (RALJ).
(8)For duplication of part or all of the electronic recording of a proceeding ten
dollars per tape or other.electronic storage medium.
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The fees or charges imposed under this section shall be allowed as court costs whenever a judgment
for costs is awarded.
NEW SECTION. See. 10 A new section is added to chapter 3.62 RCW to read as follows:
Upon conviction or a plea of guilty in any court organized under this title or Title 35 RCW, a
defendant in a criminal case is liable for a fee of forty-three dollars. This fee shall be subject to division
with the state under RCW 3.46.120(2), 3.50.100(2), 3.62.020(2), 3.62.040(2), and 35.20.220(2).
Sec. 11 RCW 4.12.090 and 1969 ex.s. c 144 s 1 are each amended to read as follows:
(1) When an order is made transferring an action or proceeding for trial, the clerk of the court must
transmit the pleadings and papers therein to the court to which it is transferred and charge.a fee as
provided in RCW 36.18,016. The costs and fees thereof and of filing the papers anew must be paid by
the party at whose instance the order was made, except in the cases mentioned in RCW 4.12.030(1), in
which case the plaintiff shall pay costs of transfer and, in addition thereto, if the court finds that the
plaintiff could have determined the county of proper venue with reasonable diligence, it shall order the
plaintiff to pay the reasonable attorney's fee of the defendant for the changing of venue to the proper
county. The court to which an action or proceeding is transferred has and exercises over the same the
like jurisdiction as if it had been originally commenced therein.
(2) In acting on any motion for dismissal without prejudice in a case where a motion for change of
venue under subsection(1)of this section has been made, the court shall, if it determines the motion for
change of venue proper, determine the amount of attorney's fee properly to be awarded to defendant and,
if the action be dismissed, the attorney's fee shall be a setoff against any claim subsequently brought on
the same cause of action.
Sec. 12 RCW 10.46.190 and 1977 ex.s. c 248 s 1 are each amended to read as follows:
Every person convicted of a crime or held to bail to keep the peace shall be liable to all the costs of
the proceedings against him or.her, including,when tried by a jury in the superior court or before a
committing magistrate, a jury fee as provided for in civil actions((, .
eetnrnitfittg magistrate,twenty five deHarg ,)) for which judgment shall be rendered and
lleefi__ had an in e°°-- of r--� collected. The jury fee, when collected for a case tried by the
superior court, shall be paid to the clerk((, to be by hi ) and applied as the jury fee in civil cases is
Applied.
Sec. 13 RCW 12.12.030 and 1981 c 260 s 3 are each amended to read as follows:
After the appearance of the defendant, and before the((jttskee))judge shall proceed to enquire into
the merits of the cause,either party may demand a jury to try the action, which jury shall be composed
of six good and lawful persons having the qualifications of jurors in the superior court of the same
county,unless the parties shall agree upon a lesser number: PROVIDED, That the party demanding the
jury shall first pay to the ((jeAiee)) clerk of the court the sum of one hundred twenty-five dollars, which
shall be paid over by the ((jttstiee)) clerk of the court to the county, and ((sue)) such amount shall be
taxed as costs against the losing party.
Sec. 14 RCW 12.40.020 and 1990 c 172 s 3 are each amended to read as follows:
A small claims action shall be commenced by the plaintiff filing a claim, in the form prescribed by
RCW 12.40.050, in the small claims department. A filing fee of((+en)) fourteen dollars plus any
surcharge authorized by RCW 7.75.035 shall be paid when the claim is filed. Any.party filing a
counterclaim,cross-claim,or third-party claim in such action shall pay to the court a filing fee of
fourteen dollars plus any surcharge,authorized by_RCW 7.75.035.
Sec. 15 RCW 26.12.240 and 1993 c 435 s 2 are each amended to read as follows:
A county may create a courthouse facilitator program to provide basic services to pro se litigants in
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family law cases. The legislative authority of any county may impose user fees or may impose a
surcharge of up to ((+en)) twenty dollars on only those superior court cases filed under Title 26 RCW, or
both, to pay for the expenses of the courthouse facilitator program. Fees collected under this section
shall be collected and deposited in the same manner as other county funds are collected and deposited,
and shall be maintained in a separate account to be used as provided in this section.
See. 16 RCW 27.24.070 and 1992 c 54 s 6 are each amended to read as follows:
In each county pursuant to this chapter, the county treasurer shall deposit in the county or regional
law library fund a sum equal to seventeen dollars for every new probate or civil filing fee,
including appeals and for every fee for filing a counterclaim, cross-claim, or third-party claim in any
civil.action, collected by the clerk of the superior court and((siie)) seven dollars for every fee collected
for the commencement of a civil action and for the filing..of_a counterclaim, cross-claim,or third-party
claim in any.civil..action in district court for the support of the law library in that county or the regional
law library to which the county belongs: PROVIDED,That upon a showing of need the ((twelve))
seventeen dollar contribution may be increased up to ((f4 em))twenty dollars or in_counties.with
multiple library sites.up.to thirty dollars upon the request of the law library board of trustees and with
the approval of the county legislative body or bodies.
See. 17 RCW 36.18.012 and 2001 c 146 s 1 are each amended to read as follows:
(1)Revenue collected under this section is subject to division with the state for deposit in the public
safety and education account under RCW 36.18.025.
(2)The party filing a transcript or abstract of judgment or verdict from a United States court held in
this state, or from the superior court of another county or from a district court in the county of issuance,
shall pay at the time of filing a fee of((fi€teert)) twenty dollars.
(3)The clerk shall collect a fee of twenty dollars for: Filing a paper not related to or a part of a
proceeding, civil or criminal, or a probate matter, required or permitted to be filed in the clerk's office
for which no other charge is provided by law.
(4)If the defendant serves or files an answer to an unlawful detainer complaint under chapter 59.18
or 59.20 RCW,the plaintiff shall pay before proceeding with the unlawful detainer action((eighty)) one
hundred twelve dollars.
(5)For a restrictive covenant for filing a petition to strike discriminatory provisions in real estate
under RCW 49.60.227 a fee of twenty dollars must be charged.
(6)A fee of twenty dollars must be charged for filing a will only,when no probate of the will is
contemplated.
(7) A fee of((tea})twenty, dollars must be charged for filing a petition, written agreement, or written
memorandum in a nonjudicial probate dispute under RCW 11.96A.220, if it is filed within an existing
case in the same court.
(8)A fee of thirty-five dollars must be charged for filing a petition regarding a common law lien
under RCW 60.70.060.
(9) For certification of delinquent taxes by a county treasurer under RCW 84.64.190, a fee of five
dollars must be charged. -
(10)For the filing of a tax warrant for unpaid taxes or overpayment of benefits by any agency of the
state of Washington, a fee of five dollars on or after July 22, 2001,and for the filing of such a tax
warrant or overpayment of benefits on or after July 1, 2003, a fee of twenty dollars, of which forty-six
percent of the first five dollars is directed to the public safety and education account established under
RCW 43.08.250.
Sec. 18 RCW 36.18.016 and 2002 c 338 s 2 are each amended to read as follows:
(1) Revenue collected under this section is not subject to division under RCW 36.18.025 or
27.24.070. ,
(2) For the filing of a petition for modification of a decree of dissolution or paternity,within the same
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case as the original action, a fee of(( ))thirty-six dollars must be paid.
(3)(a)The party making a demand for a jury of six in a civil action shall pay,at the time, a fee of one
hundred twenty-five dollars; if the demand is for a jury of twelve, a fee of two hundred fifty dollars. If,
after the party demands a jury of six and pays the required fee, any other party to the action requests a
jury of twelve, an additional one hundred twenty-five dollar fee will be required of the party demanding
the increased number of jurors.
(b)Upon conviction in criminal cases a jury demand charge of(( ))one.hundred twenty-five
dollars for a jury of six, or((er:e))two hundred fifty dollars for a jury of twelve may be imposed as costs
under RCW 10.46.190.
(4)For preparing((, )) a certified copy of an instrument on file or of record
in the clerk's office, ((with or wit set+)) for the first page or portion of the first page, a fee of((+we))
five dollars, and for each additional page or portion of a page, a fee of one dollar must be charged. For
authenticating or exemplifying an instrument,a fee of((eye))two dollars for each additional seal affixed
must be charged. For_preparing a.copy of an instrument.on file or of record._in_tbe..clerk's.office without a
seal, a fee of fifty_cents per page must be charged. When copying_a document.without a.seal or file that
is in an electronic_format,.a.fee.of twenty-fire,cents per page must_be.charged. For copies.made ona
compact disc, an.additional fee.of twenty.dollars for each compact disc must be.charged..
(5)For executing a certificate, with or without a seal, a fee of two dollars must be charged.
(6) For a garnishee defendant named in an affidavit for garnishment and for a writ of attachment,a
fee of twenty dollars must be charged.
(7) For filing.a_supplemental proceeding,.a fee of twenty..dollars_must.be charged..
(8)For approving a bond, including justification on the bond, in other than civil actions and probate
proceedings,a fee of two dollars must be charged.
((($)))(9)For the issuance of a certificate of qualification and a certified copy of letters of
administration, letters testamentary, or letters of guardianship, there must be a fee of two dollars.
((f9}))(10)For the preparation of a passport application,the clerk may collect an execution fee as
authorized by the federal government.
(((-lam})) (11.)For clerk's services such as processing ex parte orders, performing historical searches,
compiling statistical reports, and conducting exceptional record searches, the clerk may collect a fee not
to exceed twenty dollars per hour or portion of an hour.
(("))(12) For duplicated recordings of court's proceedings there must be a fee of ten dollars for
each audio tape and twenty-five dollars for each video tape or other_electronic storage medium.
(( r% 11 dellars Mttst
be eharged.))
(13) (( , a fee of two dollam St be
eltarged. For registration of land titles,Torrens Act, under RCW 65.12.780, a fee of((fie)) twenty
dollars must be charged.
((")) (14) For the issuance of extension of judgment under RCW 6.17.020 and chapter 9.94A
RCW,a fee of((erie)) two hundred((ter)) dollars must be charged.
((f16)))(15) A facilitator surcharge of((+m))up_to.twenty dollars must be charged as authorized
under RCW 26.12.240.
((f4-7}))(1 6) For filing a water rights statement under RCW 90.03.180, a fee of twenty-five dollars
must be charged.
(((+ )))(17)For filing a claim of frivolous lien under RCW 60.04.081, a.fee of thirty-five dollars
must be charged.
(18)For preparation of a change of venue., a fee of twenty dollars.must be charged by the originating
court in addition.to the.per..page_charges. n subsection (4) of ths_section.
(19)A service fee of three dollars for the first page and one dollar for each additional page must be
charged for receiving faxed documents,pursuant to Washington state rules of court,general rule 17.
(20)For preparation of clerk's papers under RAP 9.7, a fee of fifty cents per page must be
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charged.
(21)For copies and reports produced at the local level as permitted by RCW 2.68.020 and
supreme court policy, a variable fee must be charged.
(22)Investment service charge and earnings under RCW 36.48.090 must be charged.
((( )}(23)Costs for nonstatutory services rendered by clerk by authority of local ordinance or
policy must be charged.
(((23))) (24)For filing a request for mandatory arbitration, a filing fee may be assessed against the
party filing a statement of arbitrability not to exceed two hundred twenty dollars as established by
authority of local ordinance. This charge shall be used solely to offset the cost of the mandatory
arbitration program.
(((24)))(25) For filing a request for trial de novo of an arbitration award, a fee not to exceed two
hundred fifty dollars as established by authority of local ordinance must be charged.
(26) For the filing of a will.or codicil under the provisions of chapter 11.12 RCW, a fee of twenty
dollars must be charged.
The revenue to counties from the fees established.in this section shall be deemed to be complete
reimbursement.from the state for the state's_share.of benefits.paid..to the superior_court.judges of the state
prior to the effective,date of this section, and no.claim shall he.against.the_state.for such benefits.
See. 19 RCW 36.18.020 and 2000 c 9 s 1 are each amended to read as follows:
(1)Revenue collected under this section is subject to division with the state public safety and
education account under RCW 36.18.025 and with the county or regional law library fund under RCW
27.24.070.
(2) Clerks of superior courts shall collect the following fees for their official services:
(a) The party filing the first or initial paper in any civil action, including,but not limited to an action
for restitution, adoption, or change of name, and any-party filing.a.counterclaim, cross-claim, or third-
party claim in any such civ..ilAction, shall pay, at the time the paper is filed, a fee of((erte)) two hundred
((teft))dollars except, in an unlawful detainer action under chapter 59.18 or 59.20 RCW for which the
plaintiff shall pay a case initiating filing fee of((thirty)) forty-five dollars,or in proceedings filed under
RCW 28A.225.030 alleging a violation of the compulsory attendance laws where the petitioner shall not
pay a filing fee. The ((thirty)) forty-five dollar filing fee under this subsection for an unlawful detainer
action shall not include an order to show cause or any other order or judgment except a default order or
default judgment in an unlawful detainer action.
(b) Any party,except a defendant in a criminal case, filing the first or initial paper on an appeal from
a court of limited jurisdiction or any party on any civil appeal, shall pay, when the paper is filed, a fee of
((erne)) two hundred((*ft))dollars.
(c) For filing of a petition for judicial review as required under RCW 34.05.514 a filing fee of((erle))
two hundred((ter/)) dollars.
(d)For filing of a petition for unlawful harassment under RCW 10.14.040 a filing fee of((fie))
fifty-three dollars.
(e)For filing the notice of debt due for the compensation of a crime victim under RCW 7.68.120(2)
(a)a fee of((oft))two hundred ((tare))dollars.
(0 In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the
first paper therein, a fee of((oft))two hundred((rare)) dollars.
(g)For filing any petition to contest a will admitted to probate or a petition to admit a will which has
been rejected,or a petition objecting to a written agreement or memorandum as provided in RCW
11.96A.220,there shall be paid a fee of{(e�ne))two hundred((*ft))dollars.
(h)Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited
jurisdiction as provided by law, or upon affirmance of a conviction by a court of limited jurisdiction, a
defendant in a criminal case shall be liable for a fee of((ette))two hundred ((tern)) dollars.
0) With the exception of demands for jury hereafter made and garnishments hereafter issued,civil
actions and probate proceedings filed prior to midnight,July 1, 1972, shall be completed and governed.
http://www.leg.wa.gov/pub/billinfo/2005-06/HtmBills/Session%2OLaw%202005/5454-S... 11/21/2005
Page 10 of 10
by the fee schedule in effect as of January 1, 1972: PROVIDED, That no fee shall be assessed if an
order of dismissal on the clerk's record be filed as provided by rule of the supreme court.
(3)No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to
RCW 26.33.080 or for forms and instructional brochures provided under RCW 26.50.030.
NEW SECTION. See. 20 (1)The sum of two million three hundred thousand dollars, or as much
thereof as may be necessary, is appropriated from the equal justice subaccount of the public safety and
education account to the office of public defense for the fiscal biennium ending June 30, 2007, solely for
the purpose of criminal indigent defense assistance and enhancement in the trial courts. Of this amount,
one million dollars is provided solely for a criminal indigent defense pilot program for persons charged
with felony or misdemeanor offenses. The pilot program shall include the following: Effective
implementation of indigency screening; enhanced defense attorney practice standards; and use of
investigative and expert services.
(2)The sum of five million dollars, or as much thereof as may be necessary, is appropriated from the
equal justice subaccount of the public safety and education account to the office of public defense for
the fiscal biennium ending June 30, 2007, solely for the purpose of representation of parents in
dependency and termination proceedings.
(3)The sum of three million dollars, or as much thereof as may be necessary, is appropriated from
the equal justice subaccount of the public safety and education account to the office of civil legal aid for
the fiscal biennium ending June 30, 2007, solely for the purpose of civil legal representation of indigent
persons.
(4)The sum of two million four hundred thousand dollars is appropriated from the equal justice
subaccount of the public safety and education account to the administrator for the courts for the fiscal
biennium ending June 30,2007, solely for the purposes of district court judges'and elected municipal
court judges' salary contributions.
Passed by the Senate April 24, 2005.
Passed by the House April 24, 2005.
Approved by the Governor May 13, 2005.
Filed in Office of Secretary of State May 13,2005.
http://www.leg.wa.gov/pub/billinfo/2005-06/Htm/Bills/Session%2OLaw%20200515454-S... 11/21/2005
RESOLUTION NO._ 4)T40
A RESOLUTION confirming the re-appointment of Mary Ramirez as Municipal Court
Judge and regulating the operation of the Pasco Municipal Court.
WHEREAS, the City of Pasco operates a Municipal Court governed by Chapter 3.50
RCW; and
WHEREAS, the Mayor has determined to re-appoint Mary Ramirez as Municipal Court
Judge for that term of office beginning January 1, 2006, upon the confirmation by the City
Council and the written acceptance by Mary Ramirez of the terms and conditions of the
appointment stated herein; and
WHEREAS, the operation of the Pasco Municipal Court is an important matter to the
citizens of Pasco and its local government; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. The re-appointment of Mary Ramirez as Pasco Municipal Court Judge is
confirmed and her present appointment ratified upon her written acceptance of the terms and
conditions of her appointment set forth herein for a four-year term of office effective January 1,
2006.
Section 2. The salary for the Municipal Court Judge position is to be set by Ordinance as
required by law. The position is part-time with an expectation of 30 hours per week being
required to fulfill the duties of the position. Benefits will accrue on a pro-rata basis except that
the position shall be eligible for coverage under the city's health benefits program.
Section 3. The Municipal Court shall operate in those facilities prescribed by, and in
accordance with a schedule approved by the City Manager,
Section 4. The Municipal Court Judge shall have regular weekly office hours at the
Municipal Court for the performance of her administrative responsibilities and other necessary
business of the court at such times as agreed upon between the Municipal Court Judge and the
City Manager.
Section 5. It shall be the duty of the Municipal Court Judge to maintain local court rules
not inconsistent with the court rules for justice courts in the State of Washington reasonably
necessary to fulfill the duties and obligations of the office and to otherwise promote the efficient
and judicious operation of the Pasco Municipal Court, and to revise the same from time to time
as circumstances dictate.
Section 6. Cases involving the Municipal Prosecutor shall be given a preferential setting
and hearing over other cases. Cases involving the Municipal Prosecutor shall be in blocks of
time so as to make the most effective use of the Municipal Prosecutor's time.
Section 7.
(1) The Municipal Court Judge shall accept her duties as Judge as her first priority and in
cases of conflict or potential conflict shall give first priority to Municipal Court
matters. Whenever, because of illness or other sufficient reason approved by the City
Manager, the Municipal Court Judge cannot be on the bench, then a judge pro-tem
approved by the City Manager shall preside in her absence.
(2) In order to avoid conflicts or the appearance of impropriety, no past, present or future
law partner or associate of the appointee, shall accept the defense of cases filed in
Pasco Municipal Court.
(3) The appointee shall not participate in any criminal defense panel or contract for
indigent defense in any court.
Section 8. Time pay agreements for the payment of penalties, fines and costs totaling
Fifty Dollars ($50) and less, shall not be granted by the Municipal Court, unless specifically
ordered by the Municipal Court Judge when exceptional circumstances of financial hardship are
found by the Judge to exist. Time payment agreements for fines, penalties and costs shall be
consistent with standards determined jointly between the Judge and City Manager.
Section 9. The enforcement of city regulatory ordinances in the areas of environmental
regulation, animal control, nuisance abatement and the like are important to the city and the
Municipal Court Judge shall accept her responsibility for working for the effective enforcement
of ordinances in the areas of sentencing and case disposition. Nothing in this section should be
construed to infringe upon the Municipal Court Judge's discretion in fact finding, the application
of the law to the facts and the fair administration of justice.
PASSED by the City Council of the City of Pasco at its regular meeting dated this 5th
day of December, 2005.
Mike Garrison, Mayor
ATTEST:
Sandy Kenworthy, Deputy City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
AGENDA REPORT NO. 30
FOR: City Council November 16, 2005
TO: Gary Crutchfiel 1 Manager Regular Mtg: December 5, 2005
Robert J. Alber Works Director
FROM: Doug E. Bramlette, City Engineer
SUBJECT: Accept Court Street& 20th Avenue Traffic Signal Modification, Project
# 01-4-02
I. REFERENCE(S):
1. Resolution
II. ACTION REQUESTED OF COUNCIUSTAFF RECOMMENDATIONS:
12105: MOTION: I move to approve Resolution No.�gf7accepting the
work performed by Sierra Electric,Inc., under contract for the Court
Street &20th Avenue Traffic Signal Modification, Project# 01-4-02.
III. FISCAL IMPACT:
Arterial Street Fund
IV. HISTORY AND FACTS BRIEF:
On July 6, 2004, the City Council awarded the Court Street & 20th Avenue Traffic
Signal Modification Project in the amount of$294,131.00 to Sierra Electric, Inc.
The final cost of the contract was $309,390.96. The difference was due to the
installation of additional traffic control markings and the additional excavation and
placement of base rock and asphalt patch. The work is now complete and staff
recommends acceptance of the work.
V. ADMINISTRATIVE ROUTING
Project File
3(9)
RESOLUTION NO. C)9)
A RESOLUTION ACCEPTING WORK PERFORMED BY SIERRA ELECTRIC, INC.
UNDER CONTRACT FOR THE COURT STREET & 20TH AVENUE TRAFFIC SIGNAL
MODIFICATION,PROJECT NO. 01-4-02.
WHEREAS, the work performed by SIERRA ELECTRIC, INC. , under contract
for the Court Street & 20th Avenue Traffic Signal Modification, Project No. 01-4-02, has
been examined by Engineering and has been found to be in apparent compliance with the
applicable project specifications and drawings, and
WHEREAS, it is Engineering recommendation that the City of Pasco formally
accept the contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the City Council concurs with Engineering recommendation and thereby accepts the
work performed by Sierra Electric, Inc. under contract for the Court Street & 20t" Avenue
Traffic Signal Modification, Project No. 01-4-02, as being completed in apparent conformance
with the project specifications and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld
pursuant to applicable laws, regulations and administrative determination shall be
released upon satisfaction of same and verification thereof by the Public Works Director
and Finance Manager.
PASSED by the City Council of the City of Pasco this 5"'day of December, 2005.
Michael L. Garrison
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
AGENDA REPORT
FOR: City Council DATE: 11/28/05
TO: Gary Crutchfic 4' i ty anager Regular: 12/5/05
1
FROM: Stan Strebel, Di/e�At Ministrative and Community Services
SUBJECT: Sun Willows Golf Course Pond Improvement Project
I. REFERENCE (S):
1. Resolution
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
12/5/05: MOTION: I move to approve Resolution No.,�71�, accepting the work
performed by Rexius, under contract for the Sun Willows Golf Course Pond
Improvement Project,No. 05-6-02.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) On August 1, 2005 the City Council awarded the Sun Willows Golf Course Pond
Improvement Project, in the amount of$256,779.30, including tax, to Rexius.
The final cost of the contract is$263,015.18, including tax.
B) The final project cost exceeded the original contract price due to two change
orders issued. The first, in the amount of some $3,200 including tax, was due to
additional electrical work that was required, but not identified on the plans, to
install the pond aeration equipment. The second, in the amount of$3,000 was
issued for rock edging around a portion of the two pond perimeters to prevent
erosion due to wind action on the water. This change order was based on unit
prices bid with the contract, however the exact amount that would be needed was
not identified until the ponds were complete and filled with water.
C) Work is now complete and staff recommends acceptance of the project.
V. ADMINISTRATIVE ROUTING
Project File
3(h)
RESOLUTION NO. _r9q)9
A RESOLUTION ACCEPTING WORK BY REXIUS, UNDER
CONTRACT FOR THE SUN WILLOWS GOLF COURSE POND
IMPROVEMENT PROJECT.
WHEREAS, the work performed by Rexius, under contract
for the Sun Willows Golf Course Pond Improvement Project No. 05-
6-02, has been examined by Administrative and Community
Services and been found to be in apparent compliance with the
applicable project specifications and drawings, and
WHEREAS, it is Administrative and Community Services'
recommendation that the City of Pasco formally accept the contractor's work
and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
i
That the City Council concurs with Administrative and Community
Services' recommendation and thereby accepts the work performed by Rexius,
under contract for the Sun Willows Golf Course Pond Improvement Project as
being completed in apparent conformance with the project specifications and
drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify
the Washington State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being
withheld pursuant to applicable laws, regulations and administrative
determination shall be released upon satisfaction of same and verification
thereof by the Administrative and Community Services Director and Finance
Manager.
PASSED by the City Council of the City of Pasco this 5th day of
December, 2005.
Michael L. Garrison, Mayor
ATTEST: APPROVED AS TO FORM:
Webster U. Jackson, City Clerk Leland B. Kerr, City Attorney
AGENDA REPORT NO. 37
FOR: City Council November 21, 2005
TO: Gary Crutchf RManager Regular Mtg: December 5, 2005
Robert J. Albert Oliv Works Director
FROM: Doug E. Bramlette, City Engineer
SUBJECT: Accept Road 64 Water Extension, Project# 05-2-06
I. REFERENCE(S):
1. Resolution
iI. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS_
12/05: MOTION: I move to approve Resolution No. C;17)9 accepting the
work performed by Watts Construction, Inc., under contract for the Road
64 Water Extension, Project 05-2-06.
III. FISCAL IMPACT:
Utility Fund
IV. HISTORY AND FACTS BRIEF:
On June 6, 2005, the City Council awarded the Road 64 Water Extension Project
in the amount of $100,113.71 to Watts Construction, Inc. The final cost of the
contract was $98,131.44. The Project was under the awarded amount due to
eliminating the ACP Patch on Road 64.
The work is now complete and staff recommends acceptance of the work.
V. ADMINISTRATIVE ROUTING
Project File
RESOLUTION NO. I ��
A RESOLUTION ACCEPTING WORK PERFORMED BY WATTS
CONSTRUCTION, INC. UNDER CONTRACT FOR THE ROAD 64 WATER EXTENSION
PROJECT # 05-2-06.
WHEREAS, the work performed by WATTS CONSTRUCTION, INC. , under
contract for the Road 64 Water Extension Project #05-2-06, has been examined by
Engineering and has been found to be in apparent compliance with the applicable project
specifications and drawings, and
WHEREAS, it is Engineering recommendation that the City of Pasco formally
accept the contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with Engineering recommendation and thereby accepts the work performed
by Watts Construction, Inc. under contract for the Road 64 Water Extension Project#05-2-06, as
being completed in apparent conformance with the project specifications and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction of same
and verification thereof by the Public Works Director and Finance Manager.
PASSED by the City Council of the City of Pasco this 5th day of December, 2005.
Michael L. Garrison
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
AGENDA REPORT NO. 39
FOR: City Council November 22, 2005
TO: Gary Crutch Manager Regular Mtg: Dec. 5, 2005
Robert J. Alb is Works Director
FROM: Doug Bramlette, City Engineer Z46
SUBJECT: Accept 201h Avenue & Pearl Street Traffic Signal; Project No. 024-04
I. REFERENCE(S):
1. Resolution
II. ACTION REQUESTED OF COUNCIUSTAFF RECOMMENDATIONS:
12105: MOTION: I move to approve Resolution#o?a0 accepting the work
performed by Sierra Electric, Inc., under contract for the 20th Avenue &
Pearl Street Traffic Signal, Project No. 02-4-04.
III. FISCAL IMPACT:
Arterial Street Fund
N. HISTORY AND FACTS BRIEF:
On November 8, 2004 the City Council awarded the 20th Avenue &Pearl Street
Traffic Signal Project# 02-4-04 to Sierra Electric in the amount of$236,466.00.
The budgeted amount for the project was$240,000.00. The final cost of the
contract was $250,838.06. The overage was due to the additional amount of
handicap ramps, sidewalks, and paving work that was completed.
The work is now complete and staff recommends acceptance of the work.
V. ADMINISTRATIVE ROUTING
Project File
3(j)
RESOLUTION NO. 70
A RESOLUTION ACCEPTING WORK PERFORMED BY SIERRA ELECTRIC, INC.
UNDER CONTRACT FOR THE 20TH AVENUE &PEARL STREET TRAFFIC SIGNAL;
PROJECT # 02-4-04.
WHEREAS, the work performed by SIERRA ELECTRIC, INC., under contract for the 20TH
AVENUE & PEARL STREET TRAFFIC SIGNAL, PROJECT # 02-4-04 has been examined by
Engineering and has been found to be in apparent compliance with the applicable project
specifications and drawings, and
WHEREAS, it is Engineering recommendation that the City of Pasco formally
accept the contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the City Council concurs with Engineering recommendation and thereby accepts the work
performed by SIERRA ELECTRIC, INC. under contract for the 20TH AVENUE & PEARL
STREET TRAFFIC SIGNAL, PROJECT # 02-4-04, as being completed in apparent
conformance with the project specifications and drawings, and
Be It Further Resolved, that the City CIerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld
pursuant to applicable laws, regulations and administrative determination shall be
released upon satisfaction of same and verification thereof by the Public Works Director
and Finance Manager.
PASSED by the City Council of the City of Pasco this 5`" day of December, 2005,
Michael L. Garrison
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
AGENDA REPORT NO. 38
FOR: City Council DATE: 11/22/05
TO: Gary Crutchfi 1 i Manager Regular: 12/05/2005
Robert J. Albert is Works Director
FROM: Doug Bramlette, City Engineer
SUBJECT: Accept 2004 Overlays, Project No. 04-3-01
I. REFERENCE(S):
1. Resolution
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
12/05: MOTION: I move to approve Resolution No. y` ��"� accepting the
work performed by Transtate Paving Company, under contract for the
2004 Overlays, Project No. 04-3-01.
III. FISCAL IMPACT:
Overlay Fund
IV. HISTORY AND FACTS BRIEF:
On May 3, 2004, the City Council awarded the 2004 Overlay Project to Transtate
Paving Company in the amount of$657,139.14. The final cost of the contract was
$830,647.65. The additional amount was due to additional street overlays north
of Court Street between 15th & 201h Avenues, and 20th Avenue 150' north of Ruby
Street.
The 2004 Overlay Project was larger than usual due to a small overlay program in
2003 (approximately$230,000.00). The normal overlay budget is $400,000.00 to
$600,000.00 per year. The budget for 2004 was $1 million. The addition of
streets to overlay was consistent with the policy to overlay as many streets as
possible within the budget.
The reason the closeout on this project has been delayed was due to issues
concerning utilities and surveying monument adjustments that were recently
resolved.
The work is now complete and staff recommends acceptance of the work.
V. ADMINISTRATIVE ROUTING
Project File
3(k)
RESOLUTION NO.
A RESOLUTION ACCEPTING WORK PERFORMED BY TRANSTATE PAVING
COMPANY UNDER CONTRACT FOR THE 2004 OVERLAY PROJECT# 04-3-01.
WHEREAS, the work performed by TRANSTATE PAVING COMPANY, under
contract for the 2004 Overlay Project #04-3-01, has been examined by Engineering and
has been found to be in apparent compliance with the applicable project specifications
and drawings, and
WHEREAS, it is Engineering recommendation that the City of Pasco formally
accept the contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the City Council concurs with Engineering recommendation and thereby accepts the
work performed by Transtate Paving Company, under contract for the 2004 Overlay Project
#04-3-01, as being completed in apparent conformance with the project specifications and
drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld
pursuant to applicable laws, regulations and administrative determination shall be
released upon satisfaction of same and verification thereof by the Public Works Director
and Finance Manager.
PASSED by the City Council of the City of Pasco this 5ch day of December, 2005.
Michael L. Garrison
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
AGENDA REPORT NO. 36
FOR: City Council November 16, 2005
TO: Gary Crutchfi Manager Regular Mtg.- December 5, 2005
Robert J. Alber Me-Works Director
FROM: Doug E. Bramlette, City Engineer ,]
SUBJECT: Accept Main Avenue Storm Water, Project#04-8-01
I. REFERENCE(S):
1. Resolution
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
12105: MOTION: I move to approve Resolution No.':�'-)IIXLccepting the
work performed by Sharpe &Preszler, Inc., under contract for the Main
Avenue Storm Water, Project# 04-8-01.
III. FISCAL IMPACT:
Utility Fund
IV. HISTORY AND FACTS BRIEF:
On April 2, 2005, the City Council awarded the Main Avenue Storm Water Project
in the amount of $99,423.19 to Sharpe & Preszler, Inc. The final cost of the
contract was $109,013.27. The Project was over the awarded amount due to storm
system repairs that had to be repaired on Desert Street as well as on West Ruby
Street. The difference was due to the installation of five (5) additional catch
basins, as well as 100 linear feet of pipe and to restore the asphalt paving.
The work is now complete and staff recommends acceptance of the work.
V. ADMINISTRATIVE ROUTING
Project File
3{I)
RESOLUTION NO.
A RESOLUTION ACCEPTING WORK PERFORMED BY SHARPE &PRESZLER,
INC. UNDER CONTRACT FOR THE MAIN AVENUE STORM WATER PROJECT
# 04-8-01.
WHEREAS, the work performed by SHARPE & PRESZLER, INC. , under
contract for the Main Avenue Storm Water Project #04-8-01, has been examined by
Engineering and has been found to be in apparent compliance with the applicable project
specifications and drawings, and
WHEREAS, it is Engineering recommendation that the City of Pasco formally
accept the contractor's work and the project as complete; NOW,THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the City Council concurs with Engineering recommendation and thereby accepts the
work performed by Sharpe & Preszler, Inc. under contract for the Main Avenue Storm Water
Project #04-8-01, as being completed in apparent conformance with the project specifications
and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld
pursuant to applicable laws, regulations and administrative determination shall be
released upon satisfaction of same and verification thereof by the Public Works Director
and Finance Manager.
PASSED by the City Council of the City of Pasco this 5'h day of December, 2005.
Michael L. Garrison
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B.Kerr
Deputy City Clerk City Attorney
AGENDA REPORT
FOR: City Council Regular Meeting: December 5, 2005
TO: Gary Crutchfie anager
Stan Strebel, & Community Services Director
FROM: Jim(ha inance Manager
I
SUBJECT: 2006 NUAL OPERATING AND CAPITAL IMPROVEMENTS PROJECTS
BUDGETS.
I. REFERENCE(S):
A) Proposed 2006 Annual Operating Budget Ordinance.
B) Proposed 2006 Capital Projects Budget Ordinance.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATION:
A. Conduct Public Hearing
B. MOTION: I move to adopt Ordinance No. , adopting the 2006 Annual
Operating Budget and to authorize the publication by summary only.
C. MOTION: I move to adopt Ordinance No. , adopting the 2006 Capital
Projects Budget and to authorize the publication by summary only.
III. FISCAL IMPACT:
A) $90,844,181 -Annual Operating Budget.
B) $17,023,000 - Net Increase to Capital Projects Authority.
IV. HISTORY AND FACTS BRIEF:
The 2006 Preliminary Budget was discussed at the Special Council workshop meeting
held on November 9, 2005. General Fund Revenues and Expenditures were discussed as
well as other operating fund budgets and each department head gave a briefing and
answered questions regarding oversight of the their respective operating and capital
projects budgets.
A copy of the 2006 Preliminary Budget document is available for review at the Pasco
Public Library. The document is also available for viewing and printing from the City's
internet site at www.ci.pasco.wa.us under Pasco Publications.
V. DISCUSSION:
Some corrections needing to be made were discovered at the workshop meeting and
several were discovered later.
Corrections to Revenues include the following:
General Fund—
Reflect an additional Transfer-In from the Boulevard Maintenance Fund. - $50,000
This is to reimburse the General Fund for maintenance expenditures.
Arterial Street Fund—
Additional Transfers-In from the General Fund for the Rd 26 to Rd 28 Improvement
Project - $265,000
Correction to reduce amount shown in Roadway Grant Revenue—($290,000)
Increase Beginning Fund Balance to reflect additional Grant$'s to be received in
2005 - $500,000
Cemetery Fund—Should reflect an additional Transfers-In- $1,700
Cemetery Pre-Need Trust Fund—Beginning Balance should be set at$30,000
7(a)
Corrections to Expenditures include the following:
General Fund - Various departments
City Council - Correct Council Salaries and Wages - $8,100
City Manager- Reduce Management Assistant from 1.00 to 0.50 FTE's on the
personnel summary
Police Department—
Typographical error in Telephone line item in Records Division- $18,000
Increase Police Service Specialist position in the personnel summary from 4 to 5 FTE's
Administration & Community Services—
Facilities Division -
Increase in Salaries and Wages due to Overtime increase of$12,000
Increase in Salaries and Wages and Benefits due to Groundsman I position
originally shown in the personnel summary as 0.5 to 1.00 FTE - $28,775
Reduce Chief Groundsman position from 1.50 to 1.00 FTE
Increase Groundsman I/Facility Maintenance position from 7.00 to 7.50 FTE's
Administrative Services Manager from 1.00 to 0.50 FTE
Non-Departmental—
Correct Operating Transfers-Out for Rd 26 to Rd 28 Improvement Project$265,000
Cemetery Fund—
Reduce Chief Groundsman from 0.50 to 0.00 FTE in the personnel summary
Add Groundsman I at 0.50 FTE
Litter Abatement Fund—
Budget$5,000 for Abatement expenditures (the same amount as 2005)
ORDINANCE NO.
AN ORDINANCE ADOPTING THE CITY OF PASCO OPERATING BUDGET FOR THE YEAR 2006.
WHEREAS,subsequent to due notice and public hearing thereon,the City Council of the City of Pasco has
approved an operating budget for the year 2006;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON DO ORDAIN AS FOLLOWS:
Section One. The following budget containing the totals set forth for each fund for the year 2006 is hereby adopted
FUND EXPENDITURE REVENUE
GENERAL FUND $ 30,617,610 $ 30,617,610
CITY STREET FUND 1,363,000 1,363,000
ARTERIAL STREET FUND 5,333,600 5,333,600
1-182 CORRIDOR TRAFFIC IMPACT FUND 61,100 61,100
STREET OVERLAY FUND 1,654,000 1,654,000
BLOCK GRANT FUND 886,000 886,000
KING COMMUNITY CENTER FUND 123,700 123,700
AMBULANCE SERVICE FUND 1,676,200 1,676,200
CONTINGENCY FUND 174,644 174,644
CEMETERY FUND 254,800 254,800
ATHLETIC PROGRAMS FUND 143,500 143,500
SENIOR CENTER FUND 228,400 228,400
MULTI-MODAL FACILITY FUND 51,600 51,600
BI-CENTENIAL FUND 5,350 5,350
RIVERSHORE TRAIL& MARINA MAINTENANCE FUND 30,800 30,800
SPECIAL LODGING ASSESSMENT FUND 190,000 190,000
LITTER ABATEMENT FUND 14,100 14,100
REVOLVING ABATEMENT FUND 199,000 199,000
TRAC DEVELOPMENT&OPERATING FUND 255,500 255,500
PARK FUND 2,004,200 2,004,200
CAPITAL IMPROVEMENT FUND 3,150,000 3,150,000
INDUSTRIAL INFRASTRUCTURE FUND 1,080,000 1,080,000
STADIUM/CONVENTION CENTER FUND 232,100 232,100
1999 G.O.BOND FIRE/LIBRARY FUND 251,000 251,000
2002 G.O. REFUNDING BOND FUND 560,000 560,000
WATER/SEWER FUND 29,668,205 29,668,205
EQUIPMENT RENTAL-OPERATIONS FUND 724,280 724,280
EQUIPMENT RENTAL-REPLACEMENT FUND 1,655,792 1,655,792
MEDICALIDENTAL INSURANCE FUND 2,731,000 2,731,000
CENTRAL STORES FUND 25,000 25,000
CEMETERY TRUST FUND 319,000 319,000
CEMETERY PRE-NEED TRUST 38,200 38,200
BOULEVARD PERPETUAL MAINTENANCE FUND 246,000 246,000
FIRE PENSION FUND 3,683,000 3,683,000
LANDFILL REMEDIATION FUND 8,000 8,000
L.I.D.GUARANTY FUND 1,205,500 1,205,500
GRAND TOTAL ALL FUNDS $ 90,844,181 $ 90,844,181
Section Two. This Ordinance shall be in full force and effect on January 1,2006.
PASSED by the City Council of the City of Pasco this 19th day of December,2005.
ATTEST:
MICHAEL GARRISON,MAYOR
WEBSTER JACKSON, CITY CLERK
APPROVED AS TO FORM: LELAND B.KERR, CITY ATTORNEY
ORDINANCE NO.
AN ORDINANCE ADOPTING THE CITY OF PASCO CAPITAL PROJECTS BUDGET FOR THE YEAR 2006.
WHEREAS,subsequent to due notice and public hearing thereon,the City Council of the City of Pasco has approved the
following Capital Projects Budget for the year 2006;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS:
Section One. That capital projects are hereby authorized as detailed below. The following schedule summarizes(1)newly
authorized projects, (2)previously authorized projects which have had authorization increased and
(3)previously authorized projects which have had authorization decreased.
INCREASE TOTAL
PREVIOUS (DECREASE) NEW PROJECT
CAPITAL PROJECTS: AUTHORITY AUTHORITY PROJECT AUTHORITY
FIRE HYDRANTS REPLACEMENT $ 0 $ 0 250,000 $ 250,000
NEW FIRE ENGINE 0 0 270,000 270,000
FIRE VEHICLE STORANGE AREA 0 0 320,000 320,000
N BURDEN NEIGHBORHOOD PARK 0 0 190,000 190,000
CASA DEL SOL NEIGHBORHOOD PARK 0 0 232,000 232,000
VOLUNTEER PARK 0 0 150,000 150,000
ANNUAL OVERLAY AND CRACK SEAL PROJECTS 0 0 600,000 600,000
BURDEN BLVD PUD UNDERGROUNDING 0 0 236,000 236,000
BURDEN BLVD WIDENING 0 0 200,000 200,000
COMMERCIAL AVENUE RECONSTRUCTION 0 0 200,000 200,000
LEWIS STREET/"A"STREET CONNECTOR(TRK ROUTE) 0 0 600,000 600,000
LEWIS STREET OVERPASS 0 0 100,000 100,000
MISCELLANEOUS STREET IMPROVEMENTS 0 0 50,000 50,000
MISCELLANEOUS TRAFFIC SIGNAL IMPROVEMENTS 0 0 100,000 100,000
ROAD 100&1-182 RAMPS&SIGNAL 0 0 2,700,000 2,700,000
ROAD 28/ROAD 26 IMPROVEMENTS 0 0 265,000 265,000
ROAD 68&COURT STIR TRAFFIC SIGNAL 0 0 160,000 160,000
ROAD 68&1-182 IMPROVEMENTS 0 0 400,000 400,000
ROAD 68 WIDENING-WEST SIDE(RODEO TO BURDEN) 0 0 100,000 100,000
ROAD 68&WRIGLEY DRIVE TRAFFIC SIGNAL 0 0 160,000 160,000
STREET SIGN REPLACEMENT-CITY WIDE 0 0 150,000 150,000
PROCESS WATER IRRIGATION EXPANSION 0 0 200,000 200,000
PROCESS WATER IRRIGATION UPGRADE 0 0 80,000 80,000
MISC SEWER IMPROVEMENTS 0 0 50,000 50,000
ROAD 88 SEWER EXTENSION 0 0 1,100,000 1,100,000
SEWER LINE EXTENSIONS 0 0 300,000 300,000
SEWER LINE REPLACEMENT 0 0 400,000 400,000
MISCELLANEOUS STORMWATER IMPROVEMENTS 0 0 55,000 55,000
STORMWATER COMPLIANCE 0 0 75,000 75,000
IRRIGATION SYSTEM IMPROVEMENTS 0 0 500,000 500,000
MISCELLANEIOUS WATER IMPROVEMENTS 0 0 50,000 50,000
RAW WATER PIPELINE REPLACEMENT 0 0 500,000 500,000
REPLACEMENT OF AC WATERPIPE 0 0 700,000 700,000
WATER DISTRIBUTION LINE EXTENSIONS 0 0 200,000 200,000
WATER FILTRATION PLANT IMRPOVEMENTS 0 0 230,000 230,000
WATER METER REPLACEMENT/CROSS CONNECTION 0 0 120,000 120,000
AIRPORT FIRE STATION 500,000 100,000 0 600,000
4TH AVENUE GATEWAY 60,000 0 0 60,000
EAST LEWIS STREET COORIDOR-PHASE 2 430,000 130,000 0 560,000
CITIZEN ACCESS INTERNET IMPROVEMENTS 89,000 0 0 89,000
SACAGEWEA TRAIL&LEVEE LOWERING PHASE 2 500,000 400,000 0 900,000
AINSWORTH RAILROAD CROSSING 1,000,000 0 0 1,000,000
BROADMOOR BLVD/SANDIFUR IMPROVEMENTS 75,000 0 0 75,000
BURDEN BOULEVARD WIDENING 200,000 0 0 200,000
COMMERCIAL AVENUE RECONSTRUCTION 200,000 0 0 200,000
LEWIS STREET OVERPASS DESIGN 20,000 0 0 20,000
ROAD 1001 CHAPEL HILL SIGNAL 160,000 0 0 160,000
SACAJAWEA PARK ROAD 400,000 0 400,000
EAST ROAD 40 SEWER EXTENSION 400,000 0 0 400,000
PEARL STREET LIFT STATION 200,000 0 0 200,000
WASTEWATER TREATMENT PLANT EXPANSION 200,000 3,400,000 0 3,600,000
ROAD 34 TO A STREET WATER LINE LOOP 900,000 (200,000) 0 700,000
ROAD 68 RESERVOIR IMPROVEMENTS 250,000 0 0 250,000
ROAD 68 RESERVOIR PAINTING 300,000 0 0 300,000
NEW RESERVOIR AT ROAD 68 2,800,000 1,200,000 0 4,000,000
TOTAL $ 8,684,000 $ 5,030,000 $ 11,993,000 $ 25,707,000
Section Two. This Ordinance shall be in full force and effect on January 1,2006.
PASSED by the City Council of the City of Pasco this 19th day of December,2005.
MICHAEL GARRISON,MAYOR
ATTEST:
WEBSTER JACKSON,CITY CLERK
APPROVED AS TO FORM: LELAND B. KERR,CITY ATTORNEY
j
AGENDA REPORT NO. 96
FOR: City Council DATE: December 1, 2005
TO: Gary Crutchfie Manager WORKSHOP:
Richard J. Smi irector REGULAR: 12/5/05
Community and Economic Development
FROM: David I. McDonald, City Planner
SUBJECT: Rezone from R-T (Residential Transition) to C-1 (Retail Business)
North of East "A" Street (All-Pro Construction)(MF# 05-130-Z)
I. REFERENCE(S):
A. Proposed Rezone Ordinance
B. Planning Commission Report: Dated 11/ 17/05
C. Planning Commission Minutes: Dated 10/20/05 & 11/17/05
II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATION:
MOTION: I move to approve Ordinance No. granting a
rezone in Section 28 of T9N, R30E from R-T to C-1 as recommended
by the Planning Commission, and, further to authorize publication by
summary.only.
III. FISCAL IMPACT: NONE
IV. HISTORY AND FACTS BRIEF:
A. On October 20, 2005 the Planning Commission conducted a public
hearing to determine whether or not to recommend a rezone from R-T to C-
1 for a vacant parcel located at the North of East "A" Street and East of
Cedar Street.
B. Following the conduct of a public hearing, the Planning Commission
reasoned it would be appropriate to recommend a change in zoning for the
property in question.
C. No written appeal of the Planning Commission's recommendation has
been received.
V. DISCUSSION:
VI. ADMINSTRATIVE ROUTING:
S(a)
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning
Classification of Certain Real Property Located in the
Southwest 1/4 of the Southeast 74 of Section 28, Township 9
North, Range 30 East, from R-T (Residential Transition) to
C-1 (Retail Business).
WHEREAS, a complete and adequate petition for change of zoning classification has
been received and an open record hearing having been conducted by the Pasco Planning
Commission upon such petition; and,
WHEREAS, that the effect of the requested change in zoning classification shall not
be materially detrimental to the immediate vicinity; and,
WHEREAS, based upon substantial evidence and demonstration of the Petitioner,
that: (A) the requested change for the zoning classification is consistent with the adopted
Comprehensive Plan; (B) the requested change in zoning classification is consistent with
or promotes the goals and objectives of the Comprehensive Plan serving the general
public interest in the community; and (C) there has been a change in the neighborhood or
community needs or circumstances warranting the requested change of the zoning
classification and (D) the request for change in zoning classification is categorically
exempt under the Washington State Environmental Policy Act, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the
Zoning Map, accompanying and being part of said Ordinance shall be and hereby is
changed from to R-T Residential Transition to C-1 (Retail Business) for the real property
as shown in the Exhibit "1" attached hereto and described as follows:
South 275 feet of the Southwest 1/4 of the Southeast 1/4 of Section 28, Township 9
North, Range 30 East less roads.
Section 2. This ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this 5th day of December 2005.
Michael L. Garrison
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
VIC NITY MAP
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CITY OF PASCO
SUMMARY OF ORDINANCE NO.
ORDINANCE NO. , rezones South 275 feet of the Southwest 1/4 of the
Southeast 1/4 of Section 28, Township 9 North, Range 30 East, less Roads, from RT
(Residential Transition) to C-1 (Retail Business).
The full text of Ordinance No. , is available free of charge to any person who
requests it from the City Clerk of the City of Pasco (509) 545-3402, P.O. Box 293,
Pasco, Washington 99301.
Sandy Kenworthy, Deputy City Clerk
REPORT TO PLANNING COMMISSION
MASTER FILE NO: 05-130-Z APPLICANT: All-Pro Contracting
HEARING DATE: 10/20/05 PO Box 4415
ACTION DATE: 11/ 17/05 Pasco, WA. 99301
BACKGROUND
REQUEST: Rezone from RT (Residential Transition) to C-1 (Retail Business).
1. PROPERTY DESCRIPTION:
Legal: South 275 feet of the Southwest 1/4 of the Southeast 1/4 of Section
28, Township 9 North, Range 30 East, less West 30' Roads, less R/W
easement.
General Location: Lying north of East `A' Street, west of future Billings
Street (North/south truck route).
Property Size: 5.2 Acres or 226,875 Square Feet
2. ACCESS: The property abuts East `A' Street.
3. UTILITIES: All utilities are available from adjoining streets and/or will
be extended from said streets.
4. LAND USE AND ZONING: The site is currently zoned RT (Residential
Transition) and has been vacant since annexation in 1994. Property to
the south is currently vacant and is zoned I-1 (Light Industrial). The
property to the north is zoned R-1-A (Residential Alternative District) and
is vacant. The property to the west is zoned C-3 (General Business) and
is vacant. The property to the east is RT (Residential Transition) and is
vacant.
5. COMPREHENSIVE PLAN: The Comprehensive Plan .Policy LU-3-D
encourages the development of employment clusters. Policy LU-4-B
encourages the concentration of commercial activities, which are
functionally and economically beneficial to each other.
6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a
determination of nonsignificance in accordance with review under the
State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW.
ANALYSIS
Currently the property is zoned RT (Residential Transition) which allows one
dwelling unit per five acres. The RT zone serves as a holding zone until the
property is ready for development. Substantial infrastructure improvements
have been constructed or are planned to be constructed in the near future
within the vicinity of the proposed rezone site. The proposed Sunrise Estates
plat is being developed directly north of the proposed rezone site. East `A'
Street, an arterial street, is located on the south side of the site and is capable
supporting traffic generated by C-1 type uses.
The proposal is consistent with the Commercial land use designation
established in the land use map (Volume II, page 41). The site abuts East `A'
Street and is located north of the future Sacagawea Industrial Park. The
proposed rezone supports the commercial nodal concept encouraged by the
Comprehensive Plan (LU 4 A, Volume I, page 31).
The properties to the south, and west are currently zoned with more intense
uses. The proposal would also prohibit the development of a residence on this
5+ acre site which could be incompatible with potential surrounding
development particularly to the south. This site abuts an arterial street and
has close proximity to a 4-lane highway interchange; therefore development
under RT zoning would not be the highest and best use for a property.
The initial review criteria for considering a rezone application are explained in
PMC. 25.88.030. The criteria are list below as follows:
1. The changed conditions in the vicinity which warrant other or additional
zoning:
Properties to the west are zoned C-3, and properties to the south are
zoned I-1. A preliminary plat has been approved to the north of the site
for residential. The C-i zoning would create a buffer between the
residential and industrial uses.
2. Facts to justify the change on the basis of advancing the public health,
safety and general welfare.
The character of the area will be maintained by grouping compatible uses
together. The commercial zone would create a buffer between Residential
and Industrial uses and truck traffic on "A" Street.
2
3. The effect it will have on the nature and value of adjoining property and
the Comprehensive Plan.
The proposed rezone is supported by the comprehensive plan. The
proposal will also lessen the impacts of industrial development south of
"A" Street by creating a buffer for future residential development to the
north.
4. The effect on the property owners or owners if the request is not granted.
The existing RT zoning permits the development of one single family
dwelling. The current zoning severely limits the opportunity to fully
develop the land consistent with the Comprehensive Plan.
5. The Comprehensive land use designation for the property.
The Comprehensive Plan designates the site for commercial uses
INTIAL 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) The site is currently zoned RT.
2) The site has been zoned RT for over 11 years
3) The site has been vacant since annexation over 11 years ago.
4) The site abuts East `A' Street.
5) Properties to the south are zoned Industrial and currently vacant
6) Properties to the east are zoned R-T and currently vacant.
7) Properties to the West are zoned C-3 and currently vacant.
8) Properties to the North are zoned R-1-A and a preliminary plat has been
approved for residential development.
9) The applicant has petitioned to rezone the lot to C-1.
10) Considerable numbers of residential dwellings have been built in east
Pasco over the last 5 years.
3
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone the Planning Commission
must develop findings of fact from which to draw its conclusion based upon the
criteria listed in P.M.C. 25.88.060. The criteria are as follows:
(1) The proposal is in accord with the goals and policies of the
comprehensive plan.
The proposal is consistent with the land use designations and
policies of the Comprehensive Plan.
(2) The effect of the proposal on the immediate vicinity will be
materially detrimental.
The proposal would have a positive effect on the surrounding areas
by creating a buffer between residential and industrial uses.
(3) There is merit and value in the proposal for the community as a
whole.
The proposal would increase or maintain local commercial and
residential property values and be beneficial to the community.
(4) Conditions should be imposed in order to mitigate any significant
adverse impacts from the proposal.
The proposal would not need special conditions to negate adverse
impacts because the proposal would be compatible with surrounding
zoning.
(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.
No agreement would be required.
RECOMMENDATION
MOTION: I move the Planning Commission adopt the Findings of Fact as
contained in the staff report.
4
MOTION: I move, based on the findings of fact as adopted, the Planning
Commission recommend the City Council rezone the South 275
feet of the Southwest 1/4 of the Southeast 1/4 of Section 28,
Township 9 North, Range 30 East, less Roads from RT (Residential
Transition) to C-1 (Retail Business)
5
REGULAR MEETING October 20, 2005
PLANNING COMMISSION MINUTES OCTOBER 20, 2005
A. Public Hearing: REZONE: R-T to C-1 North of East "A"
Street, {All-Pro Contracting) IMF# 05-130-Z1
Chairman McCollum read the master file number and asked for the Staff
report.
Staff stated the applicant (All-Pro Contracting)has requesting approval of a
Rezone from R-T to C-I for property located onutreet. Staff explained
�,
the site in question was currently zoned Rte, S ry ,# ��ned the site would be
a buffer between a Residential to the nor,, I i'W, mi.ses to the south.
Chairman McCollum asked if there were � qutis
Commissioner Rose asked staff what R'It�
Staff Residential responded that the RT T Y �
p ,�,[����one is bas���r�ly a holding
zoning that is used until the develop m'e t 1 # V, is more clear and an
appropriate zoning district can be determined. Stf'#; lamed that the RT zone
only permits one house per 5 acres of 16fi " `-` "
CHAIRMAN MCCOLLUM OPENS -, u 'La HEARIl�1G AND ASKED IF
THERE WAS ANY ONE PRESEN' ' ' T W SPEAK ON THIS MATTER.
Gabriel Martinez, 2511 Butte WAS 6 W.W. he was concerned with
the proposed commercial si M ' 'M�� ez staltod ghat his back yard and his
neighbors' yards face the sed cod area and he is concerned about
the noise and traffic the.gssed chani,fit#Make.
Arnold Haag, All-Pro,,,P"�, ;� uction, statet °that the property Mr. Martinez is
concerned about is all•ili"` ""Adn,ed commercial. Mr. Haag stated that he is in
favor of theg� acsed rezone
L �} i y
Crre "
A
Follov�r € ii'`�``' ,from"
�% n McCollum for comment from the floor,
eithe #,t'Si a a1r1 _ 1lblic m�. f"M was declared closed.
g .. g
Co: ssioner Smurth'0041asked staff what a C-1 zone permits.
�(i t tifn
� �onded a C-1 zctermits a variety of indoor retail and office uses. It
do t
Allow auto mobi� s es or auto body repair.
tH'I"s !i;t dt!°t i xj h(i-v
Staff at heed that trnever a commercial property abuts a residential
property' 14r' f the commercial property must build a fence and
provide a 1 ``` "'between the commercial property and the residential
uses.
Staff also stated at the comprehensive plan designates this area to be
commercial or mix residential uses.
Commissioner Little moved the Planning Commission close the public hearing
on the Rezone. Initiate deliberations, and schedule adoption of findings of facts,
conclusions and a recommendation for the Planning Commission meeting
November 17, 2005.
REGULAR MEETING October 20, 2005
PLANNING COMMISSION MINUTES OCTOBER 20, 2005
Commissioner Rose seconded, motion carried unanimously. Commissioner
Mosebar abstained since he was not present for the entire hearing.
Staff explained the rezone process for the audience. This item would go before
the City Council on the first Monday in December.
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REGULAR MEETING November 17, 2005
PLANNING COMMISSION MINUTES NOVEMBER 17, 2005
A. Old Business: REZONE: R-T to C-1 North of East "A"
Street, (All-Pro Contracting)
(MF# 05-130-Z)
Acting Chairperson Smurthwaite read the master file number and asked for the
Staff report.
Staff stated the applicant (All-Pro Contractin g westing approval of a
r i . ::5=
Rezone from R-T to C-1 for property located on ' �i„ `treet. Staff explained
the site in question was currently zoned T' Sta�"wed the site would be
a buffer between a Residential to the raq� an traaf uses to ,the south.
Staff explained a public hearing was k i `,; ;last ne0ting, where
P P g ; ...
public input was provided. The public l can T. closed ar cl deliberations for
T..
the development of a recommendation were + twNovember 17,: 15.
Acting Chairperson Smurthwaite asked if the wr� ,.questions of Staff.
Acting Chairperson Smurthwaite asked Staff if tfiir � '5 would meet the
commercial criteria set for during t4Z :wry plat a3pirra1 process.
Staff responded that it did fulfill tlr' ritenai `
Commissioner Gundy moved the Fanning! Coi Imis,sI,in adopt the Findings of
Fact as contained in the November; l7, 2 (i5 staff M'ort.
."ij::• .f..
Commissioner Rose secon,�motion carried unanimously.
.^f'S�Y�`A
Commissioner Gundy zz�o eH based on the; findings of fact as adopted, the
Planning Commission t� ri # end the City: uncil rezone the South 275 feet of
the Southwest 1/4 of thee_=S react 1/4 of Section 28, Township 9 North, Range
30 East, les 'i i ds from R,,
Itl
th
Com + f The motion carried unani mously.
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AGENDA REPORT NO. 94
FOR: City Council Date: November 22, 2005
TO: Gary Crutchfi I i Manager Workshop: 11/28/05
Regular: 12/5/05
FROM: Richard J. Smi , Director
Community & Economic Development
SUBJECT: Interlocal Agreement with Franklin County and Cities
Regarding Homeless Housing
I. REFERENCE(S):
A. November 18, 2005 letter from County Commission and Draft
Interlocal Agreement
B. Resolution
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
11/28/05: DISCUSSION
12/5/05 MOTION: I move to approve Resolution No.
approving an Interlocal Agreement with Franklin
County and other Cities regarding local homeless
housing programs/plans.
III. FISCAL IMPACT
None.
IV. HISTORY AND FACTS BRIEF:
A. HB 2163 authorizes a $10.00 document surcharge which will be
used to address homeless issues. Counties began collecting the
surcharge on August 1, 2005. Under the State regulations, 60% of
the surcharge goes to the County in which it is collected to be used
for preparing a homeless plan (goal to reduce homeless population
by 50% in 10 years) and funding assistance programs. The rest of
the money goes to the state or is used to offset collection costs.
B. In April 2002, the State Legislature approved by HB 2060 which
authorized a similar surcharge to be used for housing programs for
people earning below 50% of area median income. In August 2005,
the City Council reviewed and commented on a draft Interlocal for
the use of these funds. City comments were sent to the County by
staff. To date the County has not formally responded to the City's
comments and the draft Interlocal for this program is still under
review.
C. The programs addressed by HB 2060 and HB 2163 are somewhat
interrelated in that both deal with housing, but are, nevertheless,
distinct and different.
D. The County Commissioners are now asking Pasco and other
Franklin County cities to approve, by resolution, an Interlocal
Agreement regarding the homeless program created by HB 2163.
Upon approval, the County will formally contract with the Benton
Franklin Community Action Committee (CAC) which will prepare a
homeless plan by the State imposed deadline of December 31,
2005. The State goal is to reduce the homeless population by 50%
in 10 years.
8{b}
V. DISCUSSION:
A. Staff has reviewed the draft Interlocal. Points of note are as follows:
(1) The Agreement shall be in force for a period of 10 years. Any
party, however, may terminate their membership upon 90 days
written notice.
(2) The County can be expected to collect approximately $80,000
annually through imposition of the surtax. The funds would be
allocated as follows:
a) 2% collection fee
b) 60% local homeless assistance fund
C) 6% administrative costs
d) 32% state homeless assistance fund.
(3) The County's 6% administrative cost will be used to compensate
the CAC for organizing a local homeless task force and creating
the 10 year plan.
(4) The Interlocal specifically states that the Agreement "does not
provide for the acquisition, holding, or disposal of property."
B. The Interlocal is silent on the composition of the task force and the
process that will be used to develop the homeless plan. The State
imposed plan completion date of December 31, 2005 leaves little time
for CAC to complete the plan.
C. Given the fact that the CAC must complete the plan by the end of this
year, staff recommends that the Council approve the Interlocal so that
work may begin. As the Agreement is now structured, Pasco or any of
the other Franklin County cities have the ability to terminate the
Agreement with 90 days notice.
Neva J. Corkrum Fred H. Bowen
District 1 County Administrator
Robert E. Kochr�" Tiffany Coffland
District 2 Human Resources Director
Frank H. Brock Patricia Shults
District 3 Executive Secretary
PASCO CITY HALL
Board of County Commissioners RECEIVED
FRANKLIN COUN'T'Y 'J ri 11 2 1 2005
CITY MANAGER'S
November 18, 2005 OFFICE
Mayor Michael Garrison
City of Pasco
P.O. Box 293
Pasco, WA 99301
Re: Interlocal Agreement between Franklin County and the Cities in Providing for
Local Hom Tess Housing and Assistance Programs/Plans
11. .
Dear Mayor on:
In an effort to expedite final approval of the subject interlocal agreement, the Franklin County
Board of Commissioners would appreciate your approval/signature for your respective city, for a
return date of November 30, 2005. This date is requested, as we need to contract with the
Community Action Committee and approval for the homeless program needs to be completed for
the state by December 31, 2005.
Enclosed please find one complete agreement, with five additional signature pages for your
respective city. Upon final approval, each signature page will be placed with an original contract
and recorded, with an original returned to each city.
Thank you for your immediate attention to this matter.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
FY;eH. COUNTY,WASHINGTON
Fr ck
Chai rman
cc: Ryan E. Verhulp, Chief Civil Deputy Prosecutor
File/LB
Enclosures
1016 North Fourth Avenue,Pasco,Washington 99301 -Phone(509)545-3535-Fax(509)545-3573-web site www.co.franklin,waus
WHEN RECORDED RETURN TO:
City of Pasco City of Connell City of Mesa City of Kahlotus
525 North 3`d PO Box 1200 PO Box 146 PO Box 100
Pasco,WA 99301 Connell,WA 99326 Mesa,WA 99343 Kahlotus,WA 99335
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF
PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF
KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND
ASSISTANCE PROGRAMS/PLANS
This Interlocal Agreement, hereinafter referred to as "Agreement," is
entered into as of the day of , 20_, between Franklin County, a
political subdivision of the State of Washington, hereinafter referred to as
"COUNTY," with its principal offices located at 1016 North 4th Avenue, Pasco
Washington; and the City of Pasco, a municipal corporation with its principal
offices located at 525 North Third, Pasco, Washington 99301; and the City of
Connell, a municipal corporation with its principal offices located at 104 E Adams
Street, Connell, Washington 99326-1200; and the City of Mesa, a municipal
corporation with its principal offices located at 103 Franklin Street, Mesa,
Washington 99343; and the City of Kahlotus, a municipal corporation with its
principal offices located at E 130 Weston, Kahlotus, Washington 99335;
hereinafter all the aforementioned cities referred to as "CITIES."
This Agreement is entered into by the COUNTY under the authority of
RCW 36.32.120, RCW 36.22.179, and Chapter 43.185C RCW. This Agreement
is entered into by the CITIES under authority of RCW 36.22.179 and Chapter
43.185C RCW. This Agreement is in conformity with Chapter 39.34 RCW, the
Interlocal Cooperation Act.
To carry out the purposes of this Agreement and in consideration of the
benefits to be received by each party it is agreed as follows:
Sec. 1. Purpose:
The purpose of this Agreement shall be to provide for the collection,
administration, and expenditure of RCW 36.22.179 funds to accomplish the
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY,THE CITY OF PASCO,
THE CITY OF CONNELL,THE CITY OF MESA,AND THE CITY OF KAHLOTUS
IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMSIPLANS
PAGE 1 OF 10
purposes of chapter 484, Laws of 2005, RCW 36.22.179, and Chapter 43.185C
RCW in the COUNTY'S and CITIES' providing of local homeless housing
programs/plans.
Sec. 2. Parties:
The parties to this Agreement shall be Franklin County, the City of Pasco, the
City of Connell, the City of Mesa, and the City of Kahlotus.
Sec. 3. Term:
This Agreement shall be for ten (10) years from the date of execution unless any
party elects to terminate the Agreement. Renewal of this Agreement shall be by
separate written agreement of the parties.
Sec. 4. The COUNTY shall:
1) By resolution approve and operate a homeless housing program/plan as
authorized per Chapter 43.185C RCW.
2) File the homeless housing program/plan with the State of Washington
Department of Community, Trade, and Economic Development.
3) Collect all RCW 36.22.179 funds.
4) By ordinance create a Homeless Housing and Assistance Fund or
Account for deposit of the specified percentage of RCW 36.22.179 funds
detailed in Section 4(5xii) of this Agreement.
5) Administer all collected RCW 36.22.179 funds in the following sequential
order as follows:
i) Retain two percent (2%) of all collected RCW 36.22.179
funds as a COUNTY collection fee.
ii) Deposit sixty percent (60%) of the remaining balance of
collected RCW 36.22.179 funds into a created Homeless
Housing and Assistance Fund or Account to be used by the
COUNTY and CITIES to accomplish the purposes of chapter
484, Laws of 2005.
iii) Shall have the discretion to use six percent (6%) of the
balance of the Homeless Housing Assistance Fund or
Account for COUNTY administrative costs related to the
homeless housing program/plan.
iv) After satisfaction of the requirements of Sec. 4(5)(i)-(iii) of
this Agreement, shall use the remainder of the Homeless
1NTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY,THE CITY OF PASCO,
THE CITY OF CONNELL,THE CITY OF MESA,AND THE CITY OF KAHLOTUS
IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS
PAGE 2 OF 10
Housing Assistance Fund or Account balance to accomplish
the goals of the homeless housing program/plan per the
requirements of RCW 36.22.179, Chapter 43.185C RCW,
and this Agreement.
v) Remit the remaining portion of collected RCW 3622.179
funds not deposited in the Homeless Housing Assistance
Fund or Account to the state treasurer for deposit in the state
homeless housing account.
6) As permitted by Section 4(5)(iii) of this Agreement and RCW 36.22.179,
shall enter into a separate Professional Services Agreement with the
Benton-Franklin Community Action Committee (CAC) to organize and
support a local homeless housing task force to facilitate the creation of the
local ten (10) year homeless housing program/plan. Compensation to
CAC in the Professional Services Agreement shall be a COUNTY
administrative cost in an amount not to exceed six percent (6%) of the
balance of the Homeless Housing and Assistance Fund or Account as
determined by the COUNTY.
7) Abide by the terms of this Agreement.
Sec. 5. The CITIES' shall:
1) Each by resolution shall individually elect to join and support the COUNTY
approved homeless housing program/plan as authorized per Chapter
43.185C. The CITIES shall each provide a copy of their resolution to the
COUNTY on or before December 15, 2005.
2) By executing this Agreement, agree with the use and compensation of
CAC per Section 4(5)(v) of this Agreement to organize and support a local
homeless housing task force to facilitate the creation of the local ten (10)
year homeless housing program/plan.
3) Abide by the terms of this Agreement.
Sec. 6. Mutual Cooperation:
All parties to this Agreement agree to provide mutual cooperation and make good
faith efforts to assist one another in fulfilling the terms of this Agreement.
Sec. 7. No Property Acquisition or Joint Financing: This Agreement does
not provide for the acquisition, holding, or disposal of property. Nor does this
Agreement contemplate the financing of any joint or cooperative undertaking.
There shall be no budget maintained for any joint or cooperative undertaking
pursuant to this Agreement.
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY,THE CITY OF PASCO,
THE CITY OF CONNELL,THE CITY OF MESA,AND THE CITY OF KAHLOTUS
IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS
PAGE 3 OF 10
Sec. 8. Termination: Notwithstanding any other provision of this Agreement,
any party may terminate this Agreement anytime upon ninety (90) days written
notice of intent to terminate, with the termination to become effective upon
expiration of ninety (90) days from the notice of termination date. Such notice of
termination shall be by appropriate action of the elected governing body of the
terminating party and shall be provided to all parties subject to this Agreement.
Termination date shall be the date upon which the elected governing body of the
terminating party took formal action to terminate this Agreement.
Sec. 9. Notice: Any formal notice or communication to be given under this
Agreement shall be deemed properly given, if delivered, of if mailed postage
prepaid and addressed:
To: Franklin County To: City of Pasco
Attn: County Administrator 525 North Third
1016 North 4th Avenue Pasco, WA
Pasco, WA 99301
To: City of Connell To: City of Mesa
104 E Adams Street/ 103 Franklin Street/
P O Box 1200 P O Box 146
Connell, WA 99326-1200 Mesa, WA 99343
To: City of Kahlotus
E 130 Weston/P O Box 100
Kahlotus, WA 99335
Sec. 10. Independent Contractors: The parties and their employees or agents
performing under this Agreement are not deemed to be employees, officers, or
agents of the other parties to this Agreement and shall be considered
independent contractors.
Sec. 11. Record Keeping: All parties to this Agreement shall maintain books,
records, documents, and other evidence that properly reflect all costs of any
nature expended in the performance of this Agreement. Such records shall
reflect financial procedures and practices, participant records, statistical records,
property and materials records, and supporting documentation. These records
shall be subject at all reasonable times to review and audit by the parties to this
Agreement, the Office of the Washington State Auditor, and other officials so
authorized by law.
Sec. 12. Non-Discrimination: All parties to this Agreement certify that they are
equal opportunity employers.
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY,THE CITY OF PASCO,
THE CITY OF CONNELL,THE CITY OF MESA,AND THE CITY OF KAHLOTUS
IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS
PAGE 4 OF 10
Sec. 13. Liability: Each party to this Agreement shall assume the risk of, be
liable for, and pay all damage, loss, cost and expense of its officers, officials, and
employees arising out of any duty performed, or not performed, while acting in
good faith within the scope of this Agreement.
Sec. 14. No Third-Party Beneficiaries: The parties to this Agreement do not
intend by this Agreement to assume any contractual obligations to anyone other
than the parties to this Agreement. The parties do not intend that there be any
third-party beneficiaries.
Sec. 15. Assignment: No parties to this Agreement shall have the right to
transfer or assign, in whole or in part, any or all of its obligations and rights
hereunder without the prior written consent of the other parties.
Sec. 16. Amendments or Modifications: This Agreement may be amended,
altered, or changed in any manner by the mutual written consent of all parties.
Sec. 17. Waiver: No waiver by any party of any term or condition of this
Agreement shall be deemed or construed to constitute a waiver of any other term
or condition or of any subsequent breach, whether of the same or a different
provision of this Agreement.
Sec. 20. Severability: If any of the provisions contained in this Agreement are
held illegal, invalid, or unenforceable, the remaining provisions shall continue in
full force and effect.
Sec. 21. Administrator Designee For This Interlocal Cooperation
Agreement: The Board of Franklin County Commissioners is designated as the
administrator responsible for overseeing and administering this Agreement which
provides for a joint and cooperative undertaking.
Sec. 22. Filing: Copies of this Agreement, together with the resolutions of all
the parties' governing bodies' approval and ratification of this Agreement, shall
be filed with the Franklin County Auditor and the Secretary of the State of
Washington after execution of this Agreement by all parties.
Sec. 23. Counterparts: This Agreement may be executed by facsimile and in
any number of current parts and signature pages hereof with the same affect as
if all parties to this Agreement had all signed the same document. All executed
current parts shall be construed together, and shall, together with the text of this
Agreement, constitute one and the same instrument.
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO,
THE CITY OF CONNELL, THE CITY OF MESA,AND THE CITY OF KAHLOTUS
IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS
PAGE 5 OF 10
Sec. 24. Effective: This Agreement shall become effective upon approval by
the parties and recording with the Franklin County Auditor.
DATED this day of , 20
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, WASHINGTON
Frank H. Brock, Chairman
Neva J. Corkrum, Chairman Pro Tem
Robert E. Koch, Member
Attest:
Clerk of the Board
Approved As To Form:
Ryan E. Verhulp
Deputy Prosecuting Attorney
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY,THE CITY OF PASCO,
THE CITY OF CONNELL,THE CITY OF MESA,AND THE CITY OF KAHLOTUS
IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS
PAGE 6 OF 10
CITY OF PASCO
Name:
Title:
Approved As To Form:
Attest:
Clerk of the Board
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY,THE CITY OF PASCO,
THE CITY OF CONNELL,THE CITY OF MESA,AND THE CITY OF KAHLOTUS
IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS
PAGE 7 OF 10
CITY OF CONNELL
Name:
Title:
Approved As To Form:
Attest:
Clerk of the Board
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY,THE CITY OF PASCO,
THE CITY OF CONNELL,THE CITY OF MESA,AND THE CITY OF KAHLOTUS
IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS
PAGE 8 OF 10
CITY OF MESA
Name:
Title:
Approved As To Form:
Attest:
Clerk of the Board
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY,THE CITY OF PASCO,
THE CITY OF CONNELL, THE CITY OF MESA,AND THE CITY OF KAHLOTUS
IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS
PAGE 9 OF 10
CITY OF KAHLOTUS
Name:
Title:
Approved As To Form:
Attest:
Clerk of the Board
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY,THE CITY OF PASCO,
THE CITY OF CONNELL,THE CITY OF MESA,AND THE CITY OF KAHLOTUS
IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMSIPLANS
PAGE 10 OF 10
RESOLUTION NO.
A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN
FRANKLIN COUNTY AND THE CITIES LOCATED IN FRANKLIN COUNTY IN
PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE
PROGRAMS/PLANS.
WHEREAS, the Washington State Homeless Housing and Assistance Act of 2005
(HB 2163) authorizes a document surcharge which will be used to address homeless issues, and
WHEREAS, Franklin County desires to contract with the Benton_Franklin Community
Action Committee for the preparation of a plan to address local homeless problems by not later
than December 31,2005, and
WHEREAS, the City supports County efforts to identify the scope and nature of
homelessness in Franklin County,Now Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the City Council approves the Interlocal Agreement with Franklin County in
providing for local homeless housing and assistance programs and plans, and authorizes the
Mayor to sign the Agreement.
PASSED by the City Council of the City of Pasco this day of ) 2005.
Michael L. Garrison
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
AGENDA REPORT NO. 95
FOR: City Council Date: November 30, 2005
TO: Gary Crutchfi Manager Workshop: 11/28/2005
Regular: 12/5/2005
FROM: Richard J. Sm' h, Director C[
Community & conomic Development
SUBJECT: Purchase of 5.95 Acre Properly on E Lewis Street
I. REFERENCE(S):
A. Site Map
B. Assignment Agreement
C. Purchase and Sales Agreement (Council Packets Only)
D. Resolution approving Assignment Agreement
II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS:
11/28/2005: DISCUSSION
12/5/2005 MOTION: I move to approve Resolution No.
authorizing approval of an assignment agreement
for the purchase of a 5.95 acre parcel fronting on
E Lewis Street.
III. FISCAL IMPACT
$65,000 plus closing costs.
IV. HISTORY AND FACTS BRIEF:
A. In order to enhance the marketability of the industrial area located
on the south side of "A" Street in East Pasco, a direct connection to
the East Lewis/US-12 Interchange is needed.
B. A 5.95 acre parcel fronting on East Lewis Street is directly in the path
of the proposed truck route. The property, which is vacant, has an
assessed value of$59,600.
C. A real estate agent, under contract with the City, has entered into an
agreement with the owner to purchase the property for $65,000. The
agreement can be cancelled at the discretion of the purchaser for any
reason within 90 days. An environmental review is currently
underway.
D. If the environmental review is acceptable, the contract purchaser will
assign the contract to the City for the agreed upon purchase price
plus closing costs, a commission, and reimbursement for the cost of
the environmental review.
E. Staff recommends that Council approve the resolution and authorize
the City Manager to sign all documents necessary to consummate the
purchase of the land.
V. DISCUSSION
A. At the November 28, 2005 City Council workshop questions were
raised about the compensation to be paid to the real estate agent.
The commission to be paid is $3,250 (5% of $65,000). Commission
rates for vacant land sales normally range between 5% - 10%. A copy
of the Agreement with the Buyer Agency is included in your packet.
8(c)
i j I I _� jjj !' \ ` i _ Exhibit A
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Exhibit B
ASSIGNMENT OF PURCHASER'S INTEREST
Date of Purchase and Sale Agreement: October 28 _, 20 05
Seller: Howard &Kathy Hall
Purchaser: Ercy A Morse III
Property Address: NKA E Lewis Street 113-900-020
Legal Description: The West 6 Acres of the North East 1/4 of the North West 1/4 of the South
East 1/4 of Section 28 Township 9 North Range 30 EWM recorded in Plats of Franklin County,
WA
FOR VALUE RECEIVED, Ercy A Morse III _ ("Assignor"),
as Purchaser under the Purchase and Sale Agreement noted above, hereby assigns to
the City of Pasco a Washington Municipal Corporation ("Assignee")
all of its right, title and interest in the above-referenced Purchase and Sale Agreement, and
Assignee hereby assumes all of Purchaser's obligations and duties, under the above-referenced
Purchase and Sale Agreement.
ASSIGNOR: ASSIGNEE:
ERCY A. MORSE, III CITY OF PASCO
By-, By:
Its: Its:
Date: Date:
Agent:
ADAMS REALTY
8836 Gage Boulevard, Suite 201 B
Kennewick, WA 99336
(509) 783-1394
\Morkgroup-2\commdev108.0 Proposals and Projects',Proposals-Pmjectsl2005 PumhAse of E Lewis Lot(Hall)W.ssignment Fonn.doc
Exhibit D
RESOLUTION NO.�—
A RESOLUTION APPROVING AN ASSIGNMENT' CE AGREEMENT EDOCUMENTDS
AUTHORIZING THE CITY MANAGER
NECESSARY TO EFFECT THE PURCHASE OF A 5.95 ACRE VACANT
PROPERTY FRONTING ON EAST LEWIS STREET.
WHEREAS, the City of Pasco wishes to encourage industrial development in East Pasco
which will enhance the City's tax base and increase employment opportunities; and
WHEREAS, direct access for trucks to the East Lewis Street/SR-12 Interchange will
enhance the marketability of industrial land in East , and
WHEREAS, the owners of NKA East Lewis Street (113-900-020) have agreed to sell,
for $65,000, a 5.95 acre site in the path of the proposed truck route to Ercy A. Morse III; and
WHEREAS, Ercy A. Morse, III has agreed to assign his rights in the property to the City
for $65,000 plus costs,Now, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the City Council authorizes the purchase of that tract of land particularly described
in Exhibit A attached hereto and made a part hereof for $65000 and authorizes the City Manager
to execute all documents necessary to consummate the purchase.
PASSED by the City Council of the City of Pasco this day of
2005.
Michael L. Garrison
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
Exhibit A
LEGAL DESCRIPTION
W 6 AC OF NE4NW4SE4 28-9-34, EXC W 8.2' OF EV WID OF E 271.8'
i
AGENDA REPORT
FOR: City Council November 29, 2005
TO: Gary Crutch anager
Regular Mtg.: 12/5/05
FROM: Stan mi' istrative and Community
Service Director
SUBJECT: Acceptance of Sewer Line Easement
I. REFERENCE(S): A
A. Sewer Line Easement
B. Location Map
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
12/5: MOTION: I move to authorize the City Manager to execute acceptance of a
Sewer Line Easement from Mr. E. A. Curtis allowing the City to
construct, operate and maintain a sewer service line for the Park
Maintenance and Cemetery buildings.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) Providing a sewer service line for the new Parks Shop and Cemetery Sales Office
will be facilitated and reduced in cost with the proposed easement over the
adjacent property on the south.
B) The owner has granted the easement at no cost to the City.
C) Staff recommends acceptance of the easement.
10(a)
AFTER RECORDING RETURN TO:
City of Pasco
Administrative and Community Services
PO Box 293
Pasco WA 99301
Sewer Line Easement
The Grantor, E. A. Curtis, for ten ($10) dollars and other good and valuable consideration,
the receipt of which is hereby acknowledged, hereby grant(s) to City of Pasco (Grantee), of
Franklin County, Washington, a municipal corporation, and to its successors or assigns, the
right to enter upon the lands of Grantor(s) situated in the County of Franklin, State of
Washington, and more particularly described as follows:
A 10-foot wide underground sewer line easement, more particularly described as
follows:
The North 10 feet of Block 63, Frey's Addition to Pasco, according to the plat thereof
recorded in Volume "B" of Plats, page 16, records of Franklin County,Washington.
Tax Parcel ID No.: 113-482-027
and to construct, operate and maintain a sewer service line for Grantee's Park Maintenance
and Cemetery buildings.
The Grantor(s) agree(s)that all facilities installed under the above described lands at the
Grantee's expense shall remain the property of the Grantee.
All rights hereunder shall cease when the Grantee, its successors or assigns, abandons or
removes said line or buildings.
c'
Dated this day oft
4A ,
� .
Grantor: E. A. Curtis
Sewer Line Easement Page 1 of 2
STATE OF WASHINGTON )
Q : ss
County of
On this day of #dVe&"l*- 2005, before me personally appeared E.
A. Curtis, to me known to be the individual who executed the foregoing instrument and
acknowledged he signed the same as his voluntary act and deed for the uses and purposes
therein mentioned.
GIVEN under my hand and official seal the day and year first written above.
r6UTTE2�
NOTARY PUBL C in and for the State of Washington
Residing at: Mt±
o NOTARY �y My Commission Expires:
pt Poc
of t�nsN��� ACCEPTANCE OF EASEMENT
The City Council of the City of Pasco, Washington, accepted the easement granted in
this Sewer Line Easement at their regular meeting on , 2005, as
reflected in the official minutes of the City Council.
Accepted by the City of Pasco:
By:
Print Name:
Title:
Date:
Sewer Line Easement Page 2 of 2
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