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HomeMy WebLinkAbout2006.11.06 Council Meeting PacketAGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. November 6, 2006 1. CALL TO ORDER 2. ROLL CALL: (a) 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 October 16, 2006. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) To approve General Claims in the amount of $2,184,854.41 ($142,807.90 in the form of Wire Transfer Nos. 4626, 4628 and 4632 and, $2,042,046.51 consisting of Claim Warrants numbered 157335 through 157618). 2. To approve Payroll Claims in the amount of $1,498,209.45, Voucher Nos. 35447 through 35567; and EFT Deposit Nos. 30013120 through 30013604. (c) Grand Old 4m Celebration: 1. Agenda Report from Gary Crutchfield, City Manager dated October 18, 2006. 2. Agreement. To approve the 50% cost sharing interlocal agreement with Franklin County for co- sponsorship of the 2007 Grand Old 4`h Celebration provided the city's share shall not exceed $80,000 and, further, authorize the Mayor to sign the agreement. (d) GMA Grant (INF006 -072): 1. Agenda Report from David I. McDonald, City Planner dated October 18, 2006. 2. Notice of Grant Award. 3. Washington State Department of Community, Trade and Economic Development Grant Contract. To accept the State Community, Trade and Economic Development GMA Grant contract and, further, authorize the City Manager to sign said contract. *(e) Resolution No. 2987, a Resolution fixing the time and date for a public hearing to consider the vacation of the east/west alley in Block 8, Sylvester Park Addition. 1. Agenda Report from David I. McDonald, City Planner dated October 31, 2006. 2. Proposed Resolution and Vicinity Map. 3. Vacation Petition. To approve Resolution No. 2987, fixing 7:00 p.m., December 4, 2006 as the time and date for a public hearing to consider the proposed vacation. *(f) Appointments to Historic Preservation Commission: (NO WRITTEN MATERIAL ON AGENDA) To appoint Scott Crain to Position No. 1 (expiration date 8/1/08); Dan Stafford to Position No. 2 (expiration date 8/1/08); Marilynn Baker to Position No. 3 (expiration date 8/l/09); John Morgan to Position No. 4 (expiration date 8/1/09); and Anne Hayden to Position No. 5 (expiration date 8/1/10), (RQ MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) November 6, 2006 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) North 4`s Avenue Corridor Enhancements — Resolution for Sidewalk Assessment: 1. Agenda Report from Richard J. Smith, Community & Economic Development Director dated October 30, 2006. 2. Vicinity Map. 3. Resolution No. 2985. 4. Proposed Resolution. CONDUCT A PUBLIC HEARING Resolution No. , a Resolution of the City of Pasco, Washington affirming Resolution No. 2985 providing for the construction and assessment of sidewalk improvements on North 4ih Avenue and providing for assessment of a portion of the cost of such improvements. MOTION: I move to approve Resolution No. , affirming Resolution No. 2985 providing for the construction of sidewalk improvements on a portion of North 4`h Avenue and providing for the assessment of a portion of the cost of such improvements. (b) Setting the 2007 Property Tax Levy: I. Agenda Report from Jim Chase, Finance Manager dated October 17, 2006. 2. Tax Levy Rate History Chart. 3. Assessed Value History Chart. 4. Summary of Options. CONDUCT A PUBLIC HEARING 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS- Q(a) Preliminary Plat: First Place (313 lots west of Road 44 south of Desert Plateau) (AI Angelo) (PP06 -003): 1. Agenda Report from David I. McDonald, City Planner dated October 27, 2006. 2. Resolution "A" with modified conditions incorporating some concerns of the appeal petitioners. 3. Resolution `B" with conditions as recommended by the Planning Commission. 4. Appeal Petition. 5. Staff memo on Appeal. 6. Applicant (A] Angelo) response to appeal petition. 7. Planning Commission Hearing Record. 8. Preliminary Plat. (Note: attachments 4, 5, 6, 7 & 8 are provided in Council packets only; copies are available at the Pasco Library and the Planning Office for public review). CONDUCT A CLOSED RECORD HEARING Findings of Fact Motion MOTION: I move to adopt the findings of fact as contained in the staff report to the Planning Commission. Preliminary Plat Motions Resolution "A": Resolution No. a Resolution approving a preliminary plat for First Place. MOTION (Resolution "A "; Recommended Motion): Based on the findings of fact as adopted, I move to approve Resolution No. . approving the preliminary plat for the First Place subdivision with modified conditions dealing with dust control and covenants. Resolution "B": Resolution No. a Resolution approving a preliminary plat for First Place. MOTION (Resolution "B "): Based on the findings of fact as adopted, I move to approve Resolution No. , approving the preliminary plat for the First Place subdivision as recommended by the Planning Commission November 6, 2006 (b) Vehicle Impound Regulations: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated October 12, 2006. 2. Proposed Ordinance — Vehicle Impounds. 3. Memorandum from City Attorney dated September 22, 2006. 4. Proposed Ordinance — Fee Amendments. Ordinance No. , an Ordinance of the City of Pasco, Washington, amending the Procedures and Application for Impound Hearings amending Sections 10.18.010, 10.18.020, 10.18.030, 10.18.031, 10.18.032, 10.18.040 and 10.18.045; Repealing 10.18.050; and enacting a new Section 9.60.035. MOTION: I move to adopt Ordinance No. amending the procedures and application for Impound Hearings, amending certain Sections of the Pasco Municipal Code and enacting a new Section 9.60.035 and, further, to authorize publication by summary only. -AND- Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Pasco Municipal Code Chapter 3.07 "Fee Summary," Section 3.07.110 "Police." MOTION: I move to adopt Ordinance No. , amending Chapter 3.07 of the Pasco Municipal Code regarding fees for Vehicle Impound Hearings and Appeals and, further, to authorize publication by summary only, (c) Resolution No. , a Resolution authorizing Interfund loans from the General Fund to the City Street Fund, the Arterial Street Fund, the Community Development Block Grant Fund, the Ambulance Service Fund, and the Senior Center Fund in the total sum of $1,505,794.85, and an Interfund loan from the Water /Sewer Utility Fund to the Equipment Rental Operations - Proprietary Fund, the LID Construction Fund, the ULID 140 Fund, in the total sum of $614,745.71, for a grand total of $2,120,540.56. 1. Agenda Report from Jim Chase, Finance Manager dated October 18, 2006. 2. Proposed Resolution. MOTION: I move to approve Resolution No. authorizing temporary Interfund loans from the General Fund to the City Street Fund, the Arterial Street Fund, the Community Development Block Grant Fund, the Ambulance Service Fund and the Senior Center Fund in the total amount of $1,505,794.85, and from the Water /Sewer Utility Fund, to the ULID 140 Fund, the Equipment Rental Operations and Maintenance Fund and the LID Construction Fund in the total amount of $614,745.71. (d) Ordinance No. , an Ordinance of the City of Pasco, Washington, for the purpose of closing out the Sun Willows Development Fund. 1. Agenda Report from Jun Chase, Finance Manager dated October 19, 2006. 2. Proposed Ordinance. MOTION: I move to adopt Ordinance No. authorizing the closure of the Sun Willows Development Fund and, further, authorize publication by summary only. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (None) 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 November 6, 2006 REMINDERS: 1. 1:30 p.m., Monday, November 6, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; JOE JACKSON, Alt.) 2. 4:00 p.m., Wednesday, November 8, 3416 Stearman Avenue — Franklin County Solid Waste Advisory Committee Meeting. (COUNCILMEMBER JOE JACKSON, Rep.; MAYOR JOYCE OLSON, Alt.) 3. 7:00 p.m., Wednesday, November 8, Council Chambers — 2007 Budget Workshop Meeting. (ALL COUNCILMEMBERS) 4. 7:00 a.m., Thursday, November 9, Elmer's Walla Walla — Benton - Franklin Council of Governments Tri- Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; JOE JACKSON, Alt.) 5. 4:00 p.m., Thursday, November 9, Tri- Cities Baseball Stadium, 6200 Burden Blvd. — Welcome Event for the 2006 U.S. Capitol Christmas Tree. (ALL COUNCILMEMBERS INVITED TO ATTEND) 6. 6:30 p.m., Thursday, November 9, Plaza Del Sol, 528 W. Clark — Pasco Downtown Development Association's 2006 Annual Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; MATT WATKINS, Alt.) 7. 7:00 p.m., Thursday, November 9, Transit Facility — Ben - Franklin Transit Board Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; MIKE GARRISON, Alt.) 8. 9:30 a.m., Saturday, November 11 — West Richland's 7t° Annual Veterans' Day Parade (line up on Van Giesen between 62nd & Grosscup; staging begins at 7:30 a.m.). (MAYOR JOYCE OLSON and COUNCILMEMBER TOM LARSEN) City Hall will be closed Friday, November 10 in honor of Veterans' Day. REGULAR MEETING CALL TO ORDER: MINUTES PASCO CITY COUNCIL OCTOBER 16, 2006 The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: CounciImembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Tom Larsen, Joyce Olson, Matt Watkins and Joe Jackson. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Richard Smith, Community & Economic Dev. Director; Bob Albert, Public Works Director; David McDonald, City Planner; Doug Bramlette, City Engineer; Denis Austin, Police Chief, and Debbie Clark, City Clerk/Administrative Specialist. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated October 2, 2006. (b) Bills and Communications: To approve General Claims in the amount of $2,265,938.89 ($39,511.13 in the form of Wire Transfer Nos. 4620 and 4622 and, $2,226,427.76 consisting of Claim Warrants numbered 157126 through 157334). To approve bad debt write -offs for utility billing, ambulance, miscellaneous, code enforcement and Municipal Court non - criminal, criminal and parking accounts receivable in the total amount of $282,407.47 and, of that amount, authorize $226,120.54 be turned over for collection. (c) Tourism Promotion Area: To approve the 2007 operating budget for the Tourism Promotion Area in the total amount of $793,000. (d) Tri- Cities Visitor & Convention Bureau Contract Amendment: To approve the addendum to the Visitor & Convention Bureau contract and, further; authorize the Mayor to sign the agreement. (e) Professional Services Agreement for Indigent Defense Services: To approve the Professional Services Agreement for Indigent Defense with Chris Herion and, further, to authorize the Mayor to sign the agreement. (f) Reject Bids for "A" Street and Hopkins Street Water Lines Project Nos. 06- 2-07, 05 -2 -03 and 05 -7 -02: To reject the bids received for the "A" Street 20" Waterline Project; Project No. 06 -2 -07 and, further, authorize staff to re -bid the project. To reject the bids received for the Road 34 & Hopkins Street Water Main Improvements and I -182 Irrigation Crossing Project Nos. 05 -2 -03 and 05 -7 -02 and, further, authorize staff to re -bid the project. (g) Final Plat — Loviisa Farms II, Phase 8 (Aho Construction) (MF #FP06 -006): 3(aj.i MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 16, 2006 To approve the Final Plat for Loviisa Farms II, Phase 8. (h) Final Plat— Tierra Vida, Phase 1 (Casa LLC) (MF #FP06 -005): To approve the Final Plat for Tierra Vida, Phase 1. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Olson acknowledged Jaymee Woo, a Richland High School civics student in the audience. VISITORS - OTHER THAN AGENDA ITEMS: Mr. Reade Obern, 2503 Sacajawea Park Rd., representing Mid Columbia Traditional Arts & Music Association, reported on the success of the Lewis & Clark Heritage Days event held at Sacajawea State Park on October 13 - 14`h REPORTS FROM COMMITTEES AND /OR OFFICERS: Mr. Larsen attended the Lewis & Clark Heritage Days at Sacajawea State Park. Mayor Olson reported she met Vicky Carwein, WSU Tri- Cities Chancellor and spoke at the Grand Opening of Bank Reale. Mr. Hoffmann attended the BFCG Tri-Mats Policy Advisory Committee Meeting. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3795, an Ordinance of the City of Pasco, Washington, amending Section 26.04.115 "Assignment of Water Rights for Subdivision of Land" and amending Section 13.36.070 "Assignment of Water Rights — Extension of City Water Services." MOTION: Mr. Watkins moved to adopt Ordinance No. 3795, amending PMC Section 26.04.115 "Assignment of Water Rights for Subdivision of Land" and amending Section 13.36.070 "Assignment of Water Rights — Extension of City Water Services" and, further, authorize publication by summary only. Mr. Jackson seconded. Motion carried 6- 1. No — Larsen. NEW BUSINESS: Special Permit (Appeal) Location of an Asphalt Batch Plant near 11919 Harris Road (CPM Development Corporation) (MF #SP06 -010): Mr. Crutchfield explained the Special Permit Appeal Process. MOTION: Mr. Watkins moved to set 7:00 p.m., January 16, 2007 as the time and date for a Closed Record Hearing to consider the appeal of the Special Permit recommendation for Central Pre -Mix under Master File No. SP06 -010. Mr. Jackson seconded. Motion carried unanimously. Preliminary Plat (Appeal) First Place, 313 Lots located west of Road 44 and north of the FCID Canal (The Al Angelo Company) (MF #PP06 -003): MOTION: Mr. Watkins moved to set 7:00 p.m., November 6, 2006 as the time and date for a Closed Record Hearing to consider the appeal of the Preliminary Plat recommendation for the Al Angelo Plat under Master File No. PP06 -003. Mr. Jackson seconded. Motion carried unanimously. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 16, 2006 Special Permit — New Pasco High School (Pasco School District) (MF 4SP06 -12): MOTION: Mr. Watkins moved to approve the Special Permit for the new Pasco High School, as recommended by the Planning Commission. Mr. Jackson seconded. Motion carried unanimously. Special Permit — Pasco High School Remodel (Pasco School District) (MF #SP06- 13): MOTION: Mr. Watkins moved to approve the Special Permit for the remodel work at Pasco High School, as recommended by the Planning Commission. Mr. Jackson seconded. Motion carried unanimously. Special Permit — Church Addition 4012 W. Court Street (Riverview Methodist) (MF #SP06 -011): MOTION: Mr. Watkins moved to approve the Special Permit for the Riverview Methodist Church as recommended by the Planning Commission. Mr. Jackson seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mayor Olson reported Lowes is having their grand opening Thursday, October 26`h at 10 a.m. She also noted the new Save -a -Lot store is installing an electronic system on their shopping carts that will prevent the carts from being pushed beyond the store property. EXECUTIVE SESSION: Council adjourned to Executive Session at 7:30 p.m. for approximately 30 minutes to discuss collective bargaining strategy and proposals. Mayor Olson called the meeting back to order at 7:58 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:58 p.m. APPROVED: Joyce Olson, Mayor ATTEST: Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 6th day of November, 2006. CITY OF PASCO Council Meeting of: November 6, 2006 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the ndersigned, do hereby certify under penalty of perjury that the materials have been furnished, the service rendered or the labor rformed as described herein and that the claim is a just, due and unpaid oblige i against the city ands h I we are authorized to authenticate and certify to said cl im. Gary rutch field, C' ManagkJ James W, ase, 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 4626, 4628 and 4632 in the amount of $142,807.90, have been authorized; that Check No.s 157335 through 157618 are approved for payment in the amount of $2,042,046.51, for a combined total of $2,184,854.41 on this 61h day of November, 2006. Councilmember Councilmember SUMMARY OF CLAIMS /WIRE TRANSFERS BY FUND: GENERAL FUND: Legislative Judicial Executive Police Fire Administration & Community Services Community Development Engineering Non - Departmental. Library TOTAL GENERAL FUND: STREET C. D. BLOCK GRANT KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS SENIOR CENTER MULTI MODAL FACILITY RIVERSHORE TRAIL & MARINA MAIN LITTER CONTROL REVOLVING ABATEMENT SPECIAL ASSESSMNT LODGING TRAC DEVELOPMENT STADIUM /CONVENTION CENTER SUN WILLOWS RESIDENTIAL DEVELOPMENT METRO DRUG TASK FORCE METRO DRUG FORFEITURE FUND GENERAL CONSTRUCTION WATER/SEWER EQUIPMENT RENTAL - OPERATING PUBLIC FACILITIES DIST MEDICAL /DENTAL INSURANCE CENTRALSTORES FIRE PENSIONS PAYROLL CLEARING LID CONSTRUCTION GRAND TOTAL ALL FUNDS: 3,845.05 8,453.13 1,647.55 262,536.57 24,098.85 62,713.06 46,884.81 1,339.06 82,399.96 76,539.76 570,457.80 707,341.68 7,907.41 1,438.75 22,279.46 193.19 2,063.64 5,590.29 1,531.28 757.96 2,438.26 3,647.54 16,643.02 0.00 7,604.74 0.00 $ 2,184,854.41 3(b).1 CITY OF PASCO Payroll Approval The City Council City of Pasco Franklin County, Washington Council Meeting of: November 6, 2006 The foyoying is a summary of payroll claims against the City of Pasco for the month of October 20q6 which arp- presented herewith for your review and approval. _L- James W. Cha�'�e, 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. 35447 through 35567 and EFT deposit No's. 30013120 through 30013604 and City contributions in the aggregate amount of $1,498,209.45 are approved for payment on this 6th day of November 2006. Councilmember GENERALFUND Councilmember SUMMARY OF PAYROLL BY FUND Legislative $ 6,051.16 Judicial 49,292.86 Executive 38,931.83 Police 432,696.38 Fire 231,964.72 Administrative & Community Services 219,036.68 Community Development 55,122.53 Engineering 83,257.95 TOTAL GENERAL FUND 1,116,354.11 CITY STREET 33,770.01 BLOCK GRANT 11,666.96 MARTIN LUTHER KING CENTER 4,708.47 AMBULANCE SERVICE FUND 104,115.17 CEMETERY 4,168.31 ATHLETIC FUND 966.50 SENIOR CENTER 10,724.53 STADIUM OPERATIONS 29.94 MULTI -MODAL FACILITY 99.82 BOAT BASIN 157.46 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 8,303.68 WATER/SEWER 182,546.99 EQUIPMENT RENTAL - OPERATING 20,597.50 GRAND TOTAL ALL FUNDS $ 1,498,209.45 Payroll Summary Net Payroll 837,054.75 Employee Deductions 371,300.59 Gross Payroll 1,208,355.34 City of Pasco Contributions 289,854.11 Total Payroll $ 1,498,209.45 3(b).2 AGENDA REPORT TO: City Council FROM: Gary Crutchfi Manager SUBJECT: Grand Old 4"' elebration I. REFERENCE(S): Agreement October 18, 2006 Workshop Mtg.: 10/23/06 Regular Mtg.: 11/6/06 IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/23 Discussion 11/6 MOTION: I move to approve the 50% cost sharing interlocal agreement with Franklin County for co- sponsorship of the 2007 Grand Old 4 °i Celebration provided the city's share shall not exceed $80,000 and, further, authorize the Mayor to sign the agreement. IIL FISCAL IMPACT: $80,000 gross; estimated net effective cost less than $15,000 IV. IIISTORY AND FACTS BRIEF: A) The City has co- sponsored with Franklin County the expanded Grand Old 4 °i Celebration at TRAC each of the past two years (2005 and 2006). The expanded version of the celebration provided a four -day event over the July 4 holiday, rather than the one -day celebration traditionally sponsored solely by the City (the City's cost for its previous one -day event was about $20,000 — most of that expense being for fireworks). The purpose of expanding the event was not only to provide a larger community celebration for benefit of the residents, but also to generate additional use of (and revenue for) the TRAC facility. B) The 2005 celebration experienced a net operating loss of about $100,000, while the 2006 event did only slightly better — losing about $90,000. Both figures are split between the City and County (thus, the City spent about $50,000 in 2005 and $45,000 in 2006). However, the real effect of those expenditures is reduced by the fact that TRAC received about $30,000 each year (reducing the shared loss by $15,000 each). In addition, the City's share is further reduced by the fact the event expenses included the July 4 °i fireworks show, representing another $15,000; thus, the City's net additional expense, after all considerations, approximated $15,000. C) Franklin County acknowledges that the expanded four -day event simply has not succeeded as planned and now proposes to reduce it to 2.5 days (Friday evening through Sunday evening) prior to the July 4a' celebration (see letter from Franklin County Administrator). V. DISCUSSION: A) Staff concurs that the four -day event has not "caught on" with the community. The concerts, however, have been fairly successful and represent a strong potential for TRAC operations. To that end, continued partnership in the event may be warranted. B) Inasmuch as the 2007 proposal includes the July 4 °i fireworks expenditure and, overall, should experience lower costs, the net effective cost to Pasco should be less than $15,000. Thus, staff recommends Council approval. 3(c) "Uu6 498 INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITY OF PASCO FOR CO- SPONSORSHIP OF 2007 GRAND OLD 4TH AT THE TRADE RECREATION AGRICULTURAL CENTER (TRAC) THIS IS AN INTERLOCAL AGREEMENT (hereinafter referred to as "Agreement "), entered into under the authority of the Interlocal Cooperation Act, Chapter 39.34 RCW, between Franklin County, Washington, a political subdivision of the State of Washington (hereinafter referred to as the "County ") and City of Pasco, Washington, a municipal corporation (hereinafter referred to as the "City "). THIS AGREEMENT is made and entered into this _ day of c. r , 2006. No new or separate legal or administrative entity is created to administer the provisions of this Agreement. mall77eT9� The parties hereto agree that it is to their mutual benefit, and the benefit of the citizenry, to offer citizens and their families an opportunity to celebrate our Nation's Independence through a multi -day and multi - faceted event. Subsequently, this Agreement is to provide a contract for the County and City to jointly and equally sponsor an event to be entitled the "Grand Old 4th" at TRAC scheduled for the 29th of June through the 1 sl of July 2007 and the 4th of July 2007. 2. LOCATION The Grand Old 4th shall be located at TRAC at 6600 Burden Boulevard, Pasco, Washington 99301, within Franklin County. 3. DEFINITIONS a. "City" shall mean the City of Pasco, Washington. b. "Costs" shall be any and all expenses and other monetary liabilities accrued in the management of the 2007 Grand Old 4th. C. "County" shall mean Franklin County, Washington. d. "Expenses" shall be any and all costs and other monetary liabilities accrued in the management of the 2007 Grand Old 4th. e. "Management authority" shall be the right to make any and all decisions on behalf of the parties hereto related to the organizing, the functioning, and administration of the entire 2007 Grand Old 4th, and shall further include the complete terms of Section 6. f. "Parties" shall mean the County and the City. 4. DURATION OF CONTRACT This Agreement shall commence upon execution and shall expire on the 31" day of August, 2007, unless otherwise modified or terminated by the parties. 5. GUIDING PRINCIPLES The County and City agree to the following guiding principles: 1. Superior communication between County and City officials, staff, and citizens is essential to the success of this Agreement. 2. In those instances where doubt or uncertainty exist, to err on the side of increased communication and clarification. 3. Plan and implement all projects and programs with the perspective of all stakeholders in mind. 4. Service delivery decisions will be based upon cost effectiveness. JABOWEN \Grand Old 4th 2007tCity County Interlocal.doc "uu6 498 6. COUNTY'S RESPONSIBILITIES: As a party to this Agreement, the County shall exercise sole management authority over the entire 2007 Grand Old 4th on behalf of all parties included in this Agreement. Management authority shall include the following: 1) the scheduling, contracting, and expenditure of the total 2007 Grand Old 4th budget to secure services for the event, and 2) the organizing and management of the event from its inception to its conclusion on July 4, 2007, and 3) the collection and distribution of any and all revenues obtained from this event with a detailed accounting, and 4) comply with all terms and conditions incorporated herein. 7. CITY'S RESPONSIBILITIES: As a party to this Agreement, the City shall comply with all terms and conditions incorporated herein. The City hereby grants the County all its rights, responsibilities, and authority, including management authority, to carryout this Agreement and the 2007 Grand Old 4th. Additionally, as an event co- sponsored by the City, the 2007 Grand Old 4th shall be exempt from the requirements of the City's special events permit regulations; the City hereby grants the County a special use permit and all other permits or licenses (required under Pasco Municipal Code (PMC) Chapter 5.25) except for those provisions pertaining to temporary sales events by non -Pasco business license holders. 8. BUDGET The total budget for the 2007 Grand Old 4th shall be One Hundred Sixty Thousand ($160,000.00) dollars. The County shall provide Eighty Thousand ($80,000.00) dollars towards the budget of the 2007 Grand Old 41h. The City shall provide Eighty Thousand ($80,000.00) dollars towards the budget of the 2007 Grand Old 4th. The County shall not be obligated to provide any additional funds beyond its $80,000.00 share towards the total budget. The City shall not be obligated to provide any additional funds beyond its $80,000.00 share towards the total budget. The total budgeted funds shall only be expended upon direct costs and expenses involved with the organizing and management of the 2007 Grand Old 4th, provided, however, neither party shall charge for its staff lime. All funds submitted shall be placed in the Franklin County 2007 Miscellaneous Expense Grand Old 4th Budget, Number 425 -000- 001. The County and City shall both submit an initial payment of $40,000.00 to the fund by the 15th day of January 2007. The County and City shall both submit the remaining $40,000.00 to the fund by the 1st day of May 2007. Following the aforementioned dates, said funds are non - refundable, unless mutually agreed and negotiated by both parties. The total budgeted funds shall only be expended upon costs and expenses accrued involved with the organizing and management of the 2007 Grand Old 41h. The County shall have sole authority to expend the total budgeted funds. Accrued costs and expenses shall be equally divided among the parties hereto to include fifty percent (50 %) assessed to the County and fifty percent (50 %) assessed to the City, not to exceed the total amount of budgeted funds referenced above. 9. REVENUES The County shall collect any and all owed revenues from the 2007 Grand Old 41h. The County shall deposit any and all collected revenues in the Franklin County 2007 Miscellaneous Expense Grand Old 4th Budget, Number 425- 000 -001. Upon collection of all revenues, the County shall promptly distribute fifty percent (50 %) of said revenues to the City and shall maintain fifty percent (50 %) of the revenues as its ownership share. 10. TERMINATION This Agreement shall only be terminated prior to the period of its duration upon the mutual negotiation and agreement of both parties. J:\BOWEN \Grand Old 4th 2007 \City County Interlocal.doc 1 1 . DISPUTE RESOLUTION I j 4 9 8 In the event of a dispute between the County and City regarding the delivery of services under this Agreement, the County Administrator and the City Manager or their designated representatives shall review such dispute, review options for resolution, and enter into a mutually agreeable resolution on behalf of the parties. The mutually agreeable resolution of the County Administrator and the City Manager regarding the dispute shall be final as between the parties. If any controversy or claim arising out of or relating to this Agreement or the alleged breach of such Agreement that cannot be resolved by the County Administrator and the City Manager, the dispute may be submitted to mediation and if still not resolved, shall be submitted to binding arbitration in accordance with the rules and procedures set forth in Chapter 7.04 RCW, and the judgment or award rendered by the arbitrator may be entered in any court having jurisdiction thereof. For the purposes of this section, any actions or decisions made by the County Administrator shall be subject to ratification by the Franklin County Board of Commissioners. 12. INDEMNIFICATION The County shall indemnify and hold harmless the City, its agents, employees, and officers from the intentional acts of negligence, if any, arising from the acts or omissions of the County, its agents, employees, or officers as a result of this Agreement. The City shall indemnify and hold harmless the County, its agents, employees, and officers from the intentional acts of negligence, if any, arising from the acts or omissions of the City, its agents, employees, or officers, as a result of this Agreement. 13. NOTICES Any notice or demand from either party to the other shall be in writing and shall be deemed duly served if and when mailed by registered or certified mail, return receipt requested, to the addresses set forth below. If to the County: Franklin County 1016 North Fourth Avenue Pasco, WA 99301 Attention: County Administrator If to the City: City of Pasco 525 North Third Avenue Pasco, WA 99301 Attention: City Manager 14. BENEFICIARIES OF CONTRACT This Agreement is solely for the benefit of the County and the City and creates no rights or benefits of any type in any third parties. 15. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties hereto and shall not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. Previous drafts of the agreement or any portion thereof and any oral negotiations shall not be utilized in any manner by either party should any dispute arise as to the intent of the Agreement. J:\BOWEN \Grand Old 4th 2007\City County Interlocal.doc u j i 6 498 16. RECORD KEEPING The County agrees to maintain a detailed and accurate record of the use of all budgeted funds, including all costs and expenses actually incurred which shall be made available to the City upon request. 17. SEVERABILITY In the event any provision of this Agreement shall be declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not, in anyway, be affected or impaired thereby. 18. AMENDMENT The provisions of this Agreement may be amended with the mutual consent of the parties. No additions to, or alterations of the terms of this Agreement shall be valid unless made in writing and formally approved and executed by the duly authorized agents of both parties. 19. FILING OF AGREEMENT This Agreement shall be filed pursuant to the requirements of RCW 39.34.040. 20. EXECUTION IN COUNTERPARTS The County shall execute the original of this Agreement. Each other party hereto shall sign a counterpart of the original of this Agreement. The parties hereto intend that all the signed counterparts taken together with the original will be considered as one original document, and given full force and effect as if all parties had signed one document. IN WITNESS WHEREOF, Franklin County, ashington, has executed this Agreement by it's duly authorized officials as of this �' day of G , 2006. BOARD OF COUNTY COMMISSIONERS Z� rank H. Brock, Mem er ATTEST: • "•. ts J: \BOWEN \Grand Old 4th 2007 \City County Intedocal.doc _ "116 4 J8 IN WITNESS WHEREOF, the City of Pasco, Washington has executed (his Agreement by its duly authorized officials as of this day of 2006. CITY OF PASCO FRANKLIN COUNTY, WASHINGTON Joyce Olson, Mayor F.11 0 92616 City Clerk APPROVED AS TO FORM: Leland Kerr, City Attorney JABOWEN \Grand Old 41h 2007 \City County Inledocal.doc AGENDA REPORT NO, 98 FOR: City Council Date: 10/18/06 TO: Gary Crutchfie Manager �j Workshop: 10/23/06 Richard J. Smi h, Director 1' Regular: 11/06/06 Community an Economic Development FROM: David I. McDonald, City Planner�,__� SUBJECT: GMA Grant (INFO06 -072) I. REFERENCE(S): A. Notice of Grant Award B. Washington State Department of Community, Trade & Economic Development grant contract II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: MOTION: I move to accept the State Community, Trade and Economic Development GMA grant contract and authorize the City Manager to sign said contract. III. FISCAL IMPACT: $20,000 grant award to the City IV. HISTORY AND FACTS BRIEF: A. In anticipation of work needed to complete a State mandated update to the City's Comprehensive Plan staff recently applied for grant funding to assist with costs associated with the update. B. On October 18, 2006 staff received notice that the City was awarded a $20,000 grant. Before the State will disperse the first portion ($10,000) of the grant the City is required to sign a grant contract ( #B under references). V. DISCUSSION: A. Upon execution of the contract by the State, staff will prepare a Request for Qualifications (RFQ) for a consultant to assist with portions of the Comprehensive Plan update. 3(d) a STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT 128 - 1011 Avenue SW • PO Box 42525 • Olympia, Washington 98504 -2525 • (360) 725 -4000 October 3, 2006 Mr. Richard Smith Community and Economic Development Director City of Pasco Post Office Box 293 Pasco, Washington 99301 Dear Mr. Smith: I am pleased to inform you that City of Pasco has been selected by the Washington State Department of Community, Trade and Economic Development (CTED) to receive a grant award in the amount of $20,000. The grant is being awarded through Growth Management Services to review and update the City of Pasco GMA Comprehensive Plan and related development regulations. Enclosed are two copies of the contract between City of Pasco and CTED for your Update Grant. The scope of work is based on the application that City of Pasco submitted. If the contract meets your approval, please have both copies signed by the authorized signatory and return them to Growth Management Services, P.O. Box 42525, Olympia, WA 98504 -2525, ATTN: GMS Grants. If the signed contracts have not been received at the Growth Management Services offices by January 3, 2007, CTED may withdraw the award. It is understood that staff from the Growth Management Services and the jurisdiction will work to bring this project under contract as quickly as possible. Please be aware that if funding to CTED is reduced before the completion of your contract then the award may be reduced accordingly. If you have any questions about this or the contract process in general, please contact Jaclyn Woodson at (360) 725 -3067, or email jaclynw @cted.wa.gov. Sincerely, Nancy K. Ousley, Assistant Director Local Government Division Enclosures AEC"EIVED CTED Contract Face Sheet Contract Number: U07- 63200 -172 v/,3 2 - 811012005 Washington State Department of Community, Trade and Economic Development Local Government Division Growth Management Services 1. Contractor Name and Address 2. Contractor Doing Business As (optional) City of Pasco Post Office Box 293 Pasco, Washington 99301 3. Contractor Representative 4. CTED Representative Name: Richard Smith Name: Janet Rogerson Phone: (509) 545 -3441 Phone: (360) 725 -3047 Fax: (360) 537-3350 Fax: e -mail: smithr @ci.pasco.wa.us e-mail: janetr @cted.wa.gov 5. Contract Amount 6. Funding Source 17. Start Date 8. End Date $20,000 Federal: ❑ State: ❑X Other: ❑ N /A: E]j 07/01/2006 06/30/2007 9. Federal Funds (as applicable) Federal Aeency CFDA Number: N/A N/A 10. Tax H) # 11. SWV # 12. UBI # 13. DUNS # 91- 6001264 14. Contract Purpose To review and update the City of Pasco GMA Comprehensive Plan and related development regulations. The DEPARTMENT and CONTRACTOR acknowledge and accept the terns of this CONTRACT and attachments and have executed this CONTRACT on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this CONTRACT are governed by this CONTRACT and following other documents incorporated by reference: CONTRACT Terms and Conditions including Attachment "A" Work Plan, and Attachment "B" Budget. FOR THE CONTRACTOR FOR THE DEPARTMENT X Nancy K. Ousley Assistant Director Name (please print) Date APPROVED AS TO FORM ONLY Sienature on file Title Date Alan D. Copsey Assistant Attorney General August 10, 2006 Date Page 1 of 11 413 CONIT ACT NO. 1107- 63200 -172 CON'T'RACT TERDIS & CONDITIONS SECTION I - PREAMBLE This CONTRACT, entered into by City of Pasco (hereinafter referred to as the GRANTEE), and the Washington Sta'c Department of Community, Trade and Economic Development (hereinafter referred to as the DEPARTMENT), WITNESSES THA C WHEREAS, the DEPARTMENT has the responsibility under RCW 43.330.050(5) to provide financial and technical assistance to the communities of the state, to assist in improving the delivery of federal, state, and local programs; an l to provide .:ommunities with opportunities for productive and coordinated development beneficial to the well -bcing of communiUs and their residents; and WTIEREAS, the DEPARTMENT has the statutory authority under RCW 43.330.120 to offer technical and financial assistance to cities and counties planning under the Growth Management Act; and WHEREAS, the DEPARTMENT has selected the'GRANTEE to receive funds and the GRANTEE intends to rise the fund, to undertake a project which furthers the goals and objectives of the DEPARTMENT's Growth Management cervices Uni in accordance with its mission. THEREFORE, the parties mutually agree to the following terms and conditions: SECTION 2 - WORK PLAN Over the course of the CONTRACT period, the GRANTEE shall accomplish the activities described in Attachment "A ": Work Plan that is incorporated into the CONTRACT by reference. SECTION 3 - FUNDING The total finds to be reimbursed to the GRANTEE for costs exceed $20,000. incurred during the CONTRACT period shall be a sum not to SECTION 4 - BUDGET An approved budget by category of expenditure is included as Attachment "B" of this CONTRACT that is incorporated into the CONTRACT by reference. The total amount of transfers of funds between line item budget categories shall be as specified in Attachment `B." If the cumulative amount of these transfers exceeds or is expected to exceed the amount specified in Attachment "B," the total project budget shall be subject to justification and negotiation of a CONTRACT amendment by the GRANTEE and the DEPARTMENT. SECTION 5 - CONTRACT PERIOD A. The effective date of this CONTRACT shall be the date all parties sign and complete execution of the CONTRACT. This CONTRACT shall terminate on June 30, 2007, except for any remaining obligations of the GRANTEE as may exist under Section 7. B. Costs to be reimbursed by the DEPARTMENT under this CONTRACT are those eligible costs incurred during the performance of the CONTRACT work program on or after July 1, 2006 and until the termination date in paragraph Page 2 of 11 413 CONTRACT NO. U07-63200-172 SECTION 6 - REIMBURSEMENT PROVISIONS A. Funds will be disbursed per the schedule established in Attachment `B." B. Only eligible project- related costs will be reimbursed. Ineligible costs include, but are not necessarily limited to: capital expenses, such as land acquisition or construction costs; purchase of machinery; hosting expenses, such as meals, lodging, or transportation incurred by persons other than staff and volunteers working directly on the project; lobbying or political influencing; and other costs which are not directly related to the project. C. Within twenty (20) days after receiving and approving the voucher, the DEPARTMENT shall remit to the GRANTEE a warrant covering the DEPARTMENT's share of the costs incurred for work performed. D. The final invoice voucher covering costs incurred for work performed on or before June 30, 2007, must be submitted by the GRANTEE prior to July 10, 2007, to allow the DEPARTMENT sufficient time to process it. Payment of the final voucher shall be contingent upon the DEPARTMENT's receipt and approval of any products or deliverables designated in Attachment "A." SECTION 7 - REPORTS A. The GRANTEE shall submit a brief progress report on a form approved by the DEPARTMENT which describes the progress made on the work program outlined in Attachment "A." Progress reports will be submitted on a Semiannual calendar cycle. The Semiannual progress report shall also provide detail on the dedicated matching frmds. B. The GRANTEE shall famish, along with or prior to submitting the final invoice voucher, two copies of each final product designated in Attachment "A." SECTION 8 - ACKNOWLEDGMENT OF STATE FUNDING The GRANTEE shall provide all project - related press releases to the DEPARTMENT. Press releases shall identify the DEPARTMENT as a project financier. Publications such as reports and pamphlets which are developed totally or in part with funds provided under this CONTRACT shall give credit to the funding source by including the following: "Funds made available through the Washington State Department of Community, Trade and Economic Development." SECTION 9 - DOCUMENTATION, MONITORING, AND AUDIT During the CONTRACT period and following its termination, the GRANTEE shall follow accounting procedures and shall maintain books, records, documents, and other evidence which sufficiently and properly reflect all project specific costs expended in the performance of this CONTRACT. The Office of the State Auditor or any persons duly authorized by the DEPARTMENT shall have full access to and the right to inspect, excerpt, audit, or examine any of these materials at all reasonable times for a period of six years after termination of the CONTRACT. The GRANTEE agrees to provide a copy of its most recent audit and management letter if the DEPARTMENT so requires. The GRANTEE agrees to obtain an audit for specific expenditures under this CONTRACT if the DEPARTMENT so requires. Costs of a required audit are an allowable expense. Page 3 of 11 413 COP- I RACP NO. U07 -63200 -172 SECTION 10 - RECAPTURE PROVISIONS In the event that the GRANTEE fails to expend funds under this CONTRACT in accordance will- slate laws and /or the provisions of this CONTRACT, the DEPARTMENT reserves the right to recapture state funds in an amount equivalent to the extent of the noncompliance. Such right of recapture shall exist for a period not to exceed six years following CONTRACT termination. Repa} -rent by the GRANTEE of funds under this recapture provision shall occur within 30 days of demand. In thy event that the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including reasonable attorney's fees. SECTION 11 - CONTRACT AMENDMENTS A. The DEPARTMENT or the GRANTEE may request changes to the CONTRACT or its provisions. It is agreed and understood that no material or substantive alteration or variation of the terms of this CONTRACT :;hall be valid unless made in writing and signed by bolls parties. Any oral understanding or agreements shall not be binding unless made in writing and signed by both parties. B. CONTRACT amendments shall not be made which result in an extension of the CONTRACT period beyond June 30, 2007. SECTION 12 - NONDISCRIMINATION CLAUSE During the performance of this CONTRACT, the GRANTEE shall comply with all federal and state nondiscrimination laws, including, but not limited to chapter 49.60 RCW. Washington's Law Against Discrimination; and 42, U.S.C. 12101 et seq., the Americans with Disabilities Act (ADA). In the event of the GRANTEE's noncompliance or refusal to comply with any nondiscrimination law, ngulation, or policy, this CONTRACT may be rescinded, canceled, or terminated in whole or in part, and the GRANTEE may be declared ineligible for further CONTRACTS with the DEPARTMENT. The GRANTEE shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with Section 20. SECTION 13 - TERMINATION OF CONTRACT A. If, through any cause, the GRANTEE shall fail to fulfill its obligations under this CONTRACT in a timely and propel manner; or if the GRANTEE shall violate any of its covenants, agreements, or stipulations under this CONTRACT; the DEPARTMENT shall have the right to terminate this CONTRACT. The DEPARTMENT may withhold the balance of state finding if such default or violation is not corrected within twenty (20) days after the DEPARTMENT Submits written notice to the GRANTEE describing such default or violation. B. Notwithstanding any provisions of this CONTRACT, either party may terminate this CONTRACT by providing w. ttten notice of such termination, specifying the effective dale thereof, at least thirty (30) days prior to -,uch date. C. Reimbursement for GRANTEE work performed, and not otherwise paid for by the DEPARTMENT pi jr to the effective date of such terminations, shall be as the DEPARTMENT reasonably determines. Page 4 of 11 413 CONTRACT NO. U07- 63200 -172 D. In the event funding from the state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this CONTRACT and prior to normal completion, the DEPARTMENT may unilaterally reduce the scope of work and budget or terminate this CONTRACT. SECTION 14 - GRANTEE NOT OFFICER OR EMPLOYEE OF DEPARTMENT OR STATE The GRANTEE, its employees, or agents performing under this CONTRACT are not deemed to be officers or employees neither of the DEPARTMENT or the State of Washington. The GRANTEE will not hold itself out as or claim to be an officer or employee of the DEPARTMENT or of the State of Washington and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington. SECTION 15 - USE OF SUBCONTRACTS The GRANTEE may enter into subcontracts for any of the work contemplated under this CONTRACT without obtaining prior written approval of the DEPARTMENT. The GRANTEE shall follow local policies regarding procurement or shall. or in the absence of local policies, shall use a competitive procurement process. Each subcontract that the GRANTEE enters into with a subcontractor, creditor, or another similar entity in the fulfillment of this CONTRACT shall contain a clause providing notice that the DEPARTMENT and the State of Washington are not responsible for any legal obligation, financial or otherwise, incurred by the GRANTEE. The DEPARTMENT reserves the right to monitor the subcontractor selection process and contractual documents either during or following the selection process. The GRANTEE is responsible for the performance of any subcontractors. The GRANTEE shall require all subcontractor., to follow the same rules and regulations as described in this document. All subcontractors must be monitored by the GRANTEE to ensure fiscal accountability. SECTION 16 - OWNERSHIP OF PROJECT MATERIALS All finished or unfinished documents, data, studies, surveys, drawings, models, photographs, films, duplicating plates, computer disks and reports prepared by the GRANTEE under this CONTRACT shall be works for hire under U.S. copyright law. The DEPARTMENT may duplicate, use, and disclose in any manner and for any purpose whatsoever, all materials prepared under this CONTRACT. The GRANTEE must have prior approval of the DEPARMENT to produce patents, copyrights, patent rights, inventions, original books, manuals, films, or other patentable or copyrightable materials, in whole or in part with funds received under this CONTRACT. The DEPARTMENT reserves the right to determine whether protection of inventions of discovery shall be disposed of and administered in order to protect the public interest. Before the GRANTEE copyrights any materials produced with funds under this CONTRACT, the DEPARTMENT reserves the right to negotiate a reasonable royalty fee and agreement. Page 5 of 11 413 CONTRACT NO. U07 -63100 -172 SEC PION 17 -TRAVEL AND SUBSISTENCE REIMBURSEMENT Travel and subsistence reimbursement shall be paid in accordance with rates set for slate employee:, pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or hereafter amended. Current rates are maintained at http: / /u,wiv. ofni. wa.gov /resources /Travel. asp. ,ZM !ON 18 - SPECIAL PROVISION The DEPARTMENT's failure to insist upon the strict performance of any provision of this CONTRACT or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this CONTRACT. SECTION 19 - HOLD HARMLESS The GRANTEE agrees to defend, hold harmless, and indemnify the Slate of Washington and the DEPARTMENT, their officers, agents, employees, and assigns against any and all damages of claims from damages resulting or allegedly resulting from the GRANTEE's performance of activities under the terms of this CONTRACT. SECTION 20 - DISPUTE RESOLUTION Except as otherwise provided in this CONTRACT, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by the DEPARTMENT, a representative appointed by the GRANTEE, and a third person mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. "flte parties agree that this dispute process shall precede any action in a judicial or quasi judicial tribunal. SECTION 21 - GOVERNING LAW AND VENUE The CONTRACT shall be construed and interpreted in accordance with the laws of the State of Washington and the venue of any action brought hereunder shall be the in Superior Court of Thurston County, Washington. SECTION 22 - APPLICABLE LAWS AND REGULATIONS The GRANTEE shall comply with all existing applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments, as now or hereafter amended. SECTION 23 - SEVERABILITY In the event any term or condition of this CONTRACT or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this CONTRACT which can be given effect without the invalid tern, condition, or application. To this end, the terms and conditions of this CONTRACT are declared severable. Page 6 of 11 413 CONTRACT NO. U07- 63200 -172 SECTION 24 - ENTIRE AGREEMENT This contract, including referenced exhibits, represents all the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. The attachments to this agreement are as follows: ATTACHMENT A: "Work Plan," consisting of _ page(s); and ATTACHMENT B: "Budget," consisting of_ page(s). Page 7 of 11 413 ATTACIIMLNT A: WORK PLAN Grantee: City of Pasco COI FIT \CT NO. 1'07 -63200 -172 Summary: To review and update the City of Pasco GMA Comprehensive Plan and related developmmeni regulations Estimated Completion Dates & Activities: Goals/ Actions/ Deliverables Description Start Date En(l Datc Goal 1.0 Determine compliance with GMA Action 1.1 Review GMA regulations. 10/2/2006 10/13/2006 Action 1.2 Review existing Pasco Comp Plan. 10/2/2006 10/13 /2006 Action 1.3 Note area of inconsistency. 10/13/2006 10/17/2006 Deliverable 1.4 Brief report identifying inconsistencies between Comp Plan & GMA regulations. 10/17/2006 10/30/2006 Goal 2.0 Prepare public participation plan. Action 2.1 Research and outline State law. 10/2/2006 10/6/2006 Action 2.2 Draft elements of the Plan. 10/9/2006 10/23/2006 Action 2.3 Public Review. 1 l /1/2006 11/16/2006 Deliverable 2.4 Draft Public Participation Plan. 11/16/2006 12/5/2006 Goal 3.0 Develop glossary of GMA terms. Action 3.1 Identify GMA terms useful for Comprehensive Plan development and implementation. 11/1/2006 11/6/2006 Action 3.2 Prepare glossary. 11/6/2006 11/8/2006 Deliverable 3.3 Draft glossary. 11/1/2006 11/17/2006 Goal 4.0 Prepare Introductory Background. Action 4.1 Research community history. 11/10/2006 11/15/2006 Action 4.2 Discuss physical setting. 11/11/2006 11/16/2006 Action 4.3 Identify key economic factors. 11/16/2006 11/20/2006 Action 4.4 Gather population statistics. 11/18 /2006 11/22/2006 Deliverable 4.5 Draft Introductory Chapter. 11/10/2006 12/4/2006 Page 8 of 11 413 CONTRACT NO. U07- 63200 -172 Goals/ Actions/ Deliverables Description Start Date End Date Goal 5.0 Action 5.1 Establish Goals and Policies. Review County Wide Planning Policies. 12/4/2006 12/6/2006 Action 5.2 Prepare General and Administration goals and policies. 12/6/2006 12/15/2006 Action 5.3 Prepare Land Use goals and policies. 12/18/2006 1/8/2007 Action 5.5 Prepare Transportation goals and policies. 2/20/2007 3/19/2007 Action 5.6 Prepare Capital Facilities goals and policies. 3/19/2007 4/16/2007 Action 5.7 Prepare Utility goals and policies. 3/26/2007 4/20/2007 Action 5.8 Economic goals and policies. 4/23/2007 5/22/2007 Deliverable 5.9 Draft Comp Plan Goals and Policies. 5/22/2007 6/15/2007 Page 9 of 11 413 Status Reports Due 12/ i 5 /200ii 6/15/2007 Pape 10 of 11 CONTRACT NO. U07- 63200 -172 413 CONTRACT NO. U07- 63200 -172 ATTACHMENT B: BUDGET The budget shall consist of the following elements: 1. Category of Expenditure 2. Budget Summary SFY 2006 SFY 2007 SFY 2007 CTED Funds Total Salaries and Benefits $ 0 $ 43,800 $ 43,800 Goods and Supplies $ 0 $ 3,600 $ 3,600 Professional Services $ 0 $ 23,000 $ 23,000 Other Goods and Services $ 0 $ 1,360 $ 1,360 Total $ 0 $ 71,760 $ 71,760 2. Budget Summary 3. Pavment Disbursement Schedule SFY 2006 SFY 2007 Total CTED Funds $ 0 $ 20,000 $ 20,000 Other Funds $ 0 $ 51,760 $ 51,760 Total $ 0 $ 71,760 $ 71,760 3. Pavment Disbursement Schedule 4. Special Budget Provisions A. For CONTRACTS over $30,000 the total amount of transfers of funds between line item budget categories shall not exceed ten (10) percent of the total budget. If the cumulative amount of these transfers exceeds or is expected to exceed ten percent, the total budget shall be subject to justification and negotiation of a CONTRACT amendment by the GRANTEE and the DEPARTMENT. B. For CONTRACTS under $30,000 the total amount of transfers of funds between line item budget categories shall not exceed twenty (20) percent of the total budget. If the cumulative amount of these transfers exceeds or is expected to exceed twenty percent, the total budget shall be subject to justification and negotiation of a CONTRACT amendment by the GRANTEE and the DEPARTMENT. C. A sum of ten (10) percent of funds shall be withheld until all tasks, activities, and final products defined in ATTACHMENT "A" have been successfully completed by the GRANTEE and accepted fully by the DEPARTMENT. Page 11 of 11 413 Amount Upon final signing of contract and before June 30, 2007 $ 10,000 After submission of first status report and before June 30, 2007 $ 8,000 Upon completion of the contract and before June 30, 2007 $ 2,000 4. Special Budget Provisions A. For CONTRACTS over $30,000 the total amount of transfers of funds between line item budget categories shall not exceed ten (10) percent of the total budget. If the cumulative amount of these transfers exceeds or is expected to exceed ten percent, the total budget shall be subject to justification and negotiation of a CONTRACT amendment by the GRANTEE and the DEPARTMENT. B. For CONTRACTS under $30,000 the total amount of transfers of funds between line item budget categories shall not exceed twenty (20) percent of the total budget. If the cumulative amount of these transfers exceeds or is expected to exceed twenty percent, the total budget shall be subject to justification and negotiation of a CONTRACT amendment by the GRANTEE and the DEPARTMENT. C. A sum of ten (10) percent of funds shall be withheld until all tasks, activities, and final products defined in ATTACHMENT "A" have been successfully completed by the GRANTEE and accepted fully by the DEPARTMENT. Page 11 of 11 413 FOR: City Council TO: Gary Crutcl Richard J. Community AGENDA REPORT NO. 100 Manager i ctor Economic Deve opment DATE: 10/31/06 WORKSHOP: REGULAR: 11/06/06 FROM: David I. McDonald, City Planne1F-'RJ--___. SUBJECT: ALLEY VACATION- East /West Alley in Block 8, Sylvester Park Addition (MF #VAC -06 -017) I. REFERENCEM: A. Proposed Resolution and Vicinity Map B. Vacation Petition II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. / v! , fixing 7:00 PM, December 4, 2006 as the time and date for a public hearing to consider the proposed vacation. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Franklin County is in the process of making improvements to the County owned parking lot located behind (to the west) Atomic Foods on North Fourth Avenue. To assist with plans of improving parking around the Court House the County is petitioning for the vacation of the east /west alley in Block 8, Sylvester Park Addition. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20 -day hearing notice, is December 4, 2006. V. DISCUSSION: NONE VI. ADMINISTRATIVE ROUTING: 3(e) RESOLUTION NO. A RESOLU'T'ION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF THE EAST /WEST ALLEY IN BLOCK 8, SYLVESTER PARK ADDITION. WIIEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights -of -way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to he fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED 13Y THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating the east /west alley in Block 8, Sylvester Park Addition, will be held before the City Council of the City of Pasco in the Council Chambers of the City Hall, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.nt, on the 4th day of December, 2006. "That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSEL) by the City Council of the City of Pasco this day of 2006. Joyce Olson Mayor ATTEST: Sandy L. Kenworthy Deputy City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney N� d, 'T 3g•9 Q �a x�ed UaasA[n'IOA aAV HAY HJJL E- U) w a E: M RAV Hs9 W U a O Z � x RAFT HZ HAV HJ.B 'N H E- w a c� a � N .,--) 0 C� CO (TJ >, U N� d, 'T 3g•9 Q �a x�ed UaasA[n'IOA aAV HAY HJJL E- U) w a E: M RAV Hs9 W U a O Z � x RAFT HZ HAV HJ.B 'N H E- w a c� a � N R, N H N� d, 'T 3g•9 Q �a x�ed UaasA[n'IOA aAV HAY HJJL E- U) w a E: M RAV Hs9 W U a O Z � x RAFT HZ HAV HJ.B 'N H E- w a c� a � N FEE x;200 MASTER FILE It RL--dG - Or7 DATE SUBMITTED: CITY OF PASCO STREET / ALLEY VACATION PETITION 1, we the undersigned, owners of two - thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street /alley rights -of -way: (Parcel #: 112 -012 -036 & #112 - 012 -045) APPLICANT: Print Name: Pr klin County Sign Name: Address: N. th Avenue PROPERTY OWNED (Legal Description) Phone It 545 -3578 Date 10/16/06 Print Name: F anklin Coun _ Sign Name' Date 10/16./06 Print Name: Sign Name: Date Parcel # 112 -012 -045 Sylvester Park add lots 13 through 28, Block 8 TOG with N2 vac Octave St aqj on S & S 10' Vac Marie St Adj on N Parcel #112 - 012 -036 Sylvester Park add Blk 8, tog with vac alley, exc lots 13 to 28 & tog with N2 vac Octave St adj on S & S 10' Marie St adj on N AGENDA REPORT NO. 101 FOR: City Council Date: October 30, 2006 TO: Gary Crutchfie t anager Regular: 11/06/06 FROM: Richard J. Smith, Director Community & Economic Development SUBJECT: North 4th Avenue Corridor Enhancements — Resolution for Sidewalk Assessment I. REFERENCE(S): A. Vicinity Map B. Resolution #2985 C. Proposed Resolution II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: Conduct Public Hearing: MOTION: I move to approve Resolution No. affirming Resolution No. 2985 providing for the construction of sidewalk improvements on a portion of North 41h Avenue and providing for the assessment of a portion of the cost of such improvements. III. FISCAL IMPACT Approximately $428,000 IV. HISTORY AND FACTS BRIEF: A. The portion of North 411, Avenue between Sylvester Street and the I- 182 Interchange is a major thoroughfare into the community. Portions of the corridor lack sidewalks, thus hindering safe pedestrian travel along the Avenue.. B. The City and Chamber of Commerce collaborated several years ago to identify a "Corridor Improvement Plan ". The Plan identifies six major entrance corridors into the City. The North 411, Avenue Corridor is one of those major entranceways. The Plan calls for each of the entranceways to undergo substantial improvements to include sidewalks, landscaping, and street trees. The recommended plan for North 411, Avenue generally extends the development concept of sidewalk, grass and street trees utilized on both East and West Lewis Streets. C. Conceptual sidewalk and landscape plans were developed and meetings with adjacent property owners were conducted on November 22, 2005, December 13, 2005, and April 4, 2006 to explain both the project and the process to the property owners. The plans were revised to incorporate many of the comments generated during these meetings. D. The City of Pasco has signed right -of -way encroachment agreements with three property owners allowing them to use portions of the right -of -way for customer parking. These agreements were negotiated by City staff as a response to preexisting conditions associated with the properties and will have minimal impact on the enhancement plan. 7(a) E. RCW 35.68 authorizes the City to install the curb, gutter, and sidewalk and assess the adjacent property owners, provided the appropriate process is used. Resolution No. 2985, approved by the City Council on September 25, 2006 initiated the process necessary to carry out the assessments. The process requires the conduct of a public hearing to determine whether to proceed with the project and to define the costs to be assessed. All owners of property adjacent to the corridor and subject to the proposed assessment have been notified by direct mail. Notice of this hearing was also published twice as required by law. V. DISCUSSION: A. The North 411, Avenue Corridor between Sylvester Street and the I -182 Interchange needs a completed sidewalk system in order to accommodate safe and effective pedestrian movement. The installation of sidewalks is now the responsibility of adjacent property owners. Some of the properties on North 411, Avenue however were developed without being required to install sidewalks. B. The estimated cost of installing sidewalk is $15.00 to $20.00 per lineal foot. The proposed assessment would not exceed $10.00 per lineal foot. This is the same cap that was used for East & West Lewis Street sidewalk assessments. C. Staff has met with owners of property along the corridor on several occasions over the course of the past several months to discuss both the design and financing of the project. The property owners were advised that the City would likely use the assessment method of recovering a portion of the sidewalk cost, as that is a normal responsibility of adjacent property owners; staff further conditioned that expectation by limiting the collective assessments for sidewalk to $10 per linear foot, similar to the assessment process utilized on both East and West Lewis Streets. D. With City Council approval in the form of the attached Resolution, the project may proceed to the design phase with sidewalk construction scheduled for 2007. PIP IK Iz-4 .............. LI 17.M JA m LuLl R :�,• '% .7v N QO-QFMST-' Exhibit "N' New Sidewe.11- A, Clio Exhibit B RESOLUTION NO.�� A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, PROVIDING FOR THE CONSTRUCTION AND ASSESSMENT OF SIDEWALK, CURB AND GUTTER IMPROVEMENTS ON NORTH 4TH AVENUE, PROVIDING IN PART ASSESSMENT OF THE COSTS OF SUCH IMPROVEMENTS; AND SETTING A PUBLIC HEARING. WHEREAS, the City is authorized, pursuant to RCW 35.68.0 10, to construct and repair sidewalks, curbs, and gutters necessary to provide for the public safety and conveyance; and WHEREAS, the City Council has determined the installation of sidewalks on North 4th Avenue between Sylvester Street and the I -182 interchange is necessary to provide for the safe passage of pedestrians and motorists on North 411) Avenue; and WHEREAS, the City has funds available to pay for a portion of the costs incident to these improvements, however, such funds are insufficient to pay all of the costs for such improvements; and WHEREAS, State law allows for the assessment of portions of the cost of such improvements against the abutting property owners, after public hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, THAT: (1) That sidewalks, curbs and gutters shall be installed, reconstructed, or repaired as required to render a safe and functional walkway on both sides of North 40, Avenue between Sylvester Street and the 1 -182 interchange within the City of Pasco, Washington. The cost of such improvements shall be assessed against. the abutting property owners on a linear front foot basis not to exceed $10.00 per linear foot of sidewalk installed. Any excess cost shall be the responsibility of the City. (2) That a Public Hearing shall be held at 7 :00 p.m., November 61h, 2006, in the City Council Chambers at Pasco City Hall, located at 525 North 3rd, Pasco, Washington, at such time the City Council shall hear persons who appear for or against the improvements, determine whether it will or will not proceed with the improvements, and whether it will make any changes to the original plan, what changes shall be made, and the assumption of the cost of these improvements. (3) Notice of this Public Hearing shall be given to each owner or reputed owner of the abutting property, and published according to law. PASSED by the City Council of the City of Pasco, Washington, and signed in authentication of its passage this 2nd day of October, 2006. J e 1 on Mayor ATTEST: -&nc,1q %l WVY Sandy Kenworthy APPROVED AS TO FORM: Leland B. Kerr Deputy City Clerk City Attorney Exhibit C RESOLUTION NO. A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AFFIRMING RESOLUTION NO. 2985 PROVIDING FOR THE CONSTRUCTION AND ASSESSMENT OF SIDEWALK IMPROVEMENTS ON NORTH 4TH AVENUE AND PROVIDING FOR ASSESSMENT OF A PORTION OF THE COST OF SUCH IMPROVEMENTS. WHEREAS, the City Council earlier approved Resolution No. 2985 declaring its intent to install sidewalk improvements on North 41h Avenue between Sylvester Street and the I -182 Interchange and to assess a portion of the cost against adjacent properties; and WHEREAS, the City Council conducted a public hearing on November 6, 2006 of which affected property owners and the public were duly notified; and WHEREAS, after consideration of the need for said improvements and the input of those property owners to be assessed, the City Council finds the need for said improvements exists and that adjacent property owners should be assessed not more than $10.00 per lineal foot; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, THAT: (1) Sidewalks shall be installed as set forth in the design plans for the North 4th Avenue Beautification project, on file with the City of Pasco Community Development Director. (2) Those properties having adjacent sidewalks installed under the project shall be assessed at a rate not to exceed $10.00 per lineal foot of sidewalk installed. The final assessment shall be determined and established as provided under RCW 35.68. PASSED by the City Council of the City of Pasco, Washington, and signed in authentication of its passage this 6th day of November, 2006. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council DATE: REGULAR: REGULAR: TO: Gary Crutchfi Manger Stan Strebel, A ristrative &Community Services Director FROM: Jim as , Binance Manager 4 SUBJECT: Setting t e 2007 Property Tax Levy 1. REFERENCE(S): 1. Tax Levy Rate History Chart 2. Assessed Value History Chart 3. Summary of Options 10/17/06 11/6/06 11/20/06 II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 10/23/06 Discussion 11/6/06 Public Hearing 11/20/06 Motion: I move to adopt Ordinance No , providing for the 2007 Ad Valorem Tax Levy, a levy for the 1999 Unlimited Tax General Obligation Bonds and the 2002 Unlimited Tax General Obligation Refunding Bonds. Motion: I move to adopt Ordinance No. , preserving property tax levy capacity for fiscal years afler 2007 in accordance with state law. III. HISTORY AND FACTS BRIEF: The maximum allowed levy rate, per state statute, that a City can levy per $1,000 of assessed value is $3.60. The last time the City of Paso's levy rate was at that level was in 1992. From 1992 to 1999 the City reduced the levy rate by not taking any of the allowable percentage increase, which before 2002 was 6 %, and preserved the unused levy capacity in case it were needed in the future. In November 1999, the voters approved Initiative 695 which eventually was ruled unconstitutional. The legislature, however, reduced the Motor Vehicle Excise Tax (MVET) to $30 per vehicle, which they determined to be the voter's intent of the initiative. To compensate for the loss of future MVET revenues, Council elected to use $450,000 of unused, preserved, levy capacity. The levy rate for 2000 taxes was set at $3.071 per $1,000 of assessed value, still well below the $3.60 maximum. In 2001 the voters approved Initiative 747, limiting the amount taxing districts can raise property taxes over the previous year by the lesser of 1% or the Implicit Price Deflator (IPD); without a vote of the people. IPD for the 2007 calculation is 3.419 % (July 2006) IPD is a national inflation index. Pasco's bargaining unions typically include wage increases tied to the West Coast (Seattle /Tacoma Area) Consumer Price Index (CPI). CPI for the year ending July 2006 is 3.5 %. During 2006, Initiative 747 was challenged and declared unconstitutional by the King County Superior Court. hi August the Attorney General submitted a "Motion for Stipulated Order Staying Judgment Pending Appeal" to the Washington State Supreme Court. The Supreme Court Commissioner signed the "Stay ". With that in place, property tax levies continue to be limited to 1% growth plus new construction. It is assumed that the appeal will be heard by the Supreme Court early in 2007. The 2007 Preliminary Budget has been prepared using the 1% limit. 7(b) IV Despite the above challenges the City Council have been good stewards of taxpayer dollars. The current general property tax levy rate of $2.3912 per $1,000 of assessed value is indicative of that sound financial stewardship. The 2006 rate is 66% of the maximum rate allowable and is 22% lower than the $3. 071 rate set in 2000. Pasco has enjoyed the effects of continued growth within the city limits. A steady revenue stream has also helped to keep property taxes well below the $3.60 maximum. The property tax levy for 2007 will be comprised of the following three elements: 1. General Property Tax Levy. 2. 1999 Unlimited Tax General Obligation Fire Station/Library Bonds Debt Service. 3. 2002 Unlimited Tax General Obligation Refunding (1993) Bonds Debt Service. The City is directed to certify property tax levies with the county by November 30 of each year. DISCUSSION: The Franklin County Assessor has provided an assessed valuation (preliminary figure) of $2,314,634,072 which is used to calculate 2007 taxes. This amount includes new construction of $188,612,000. There were no annexations of property before the cutoff date of March 31". The County Assessor's Office did re- assess a portion of the properties within City limits (east of 201" Avenue) this year. Those properties increased in assessed value by $138,026,601. Excluding new construction, this calculates to an overall increase in assessed value from the previous year of 6.94 %. The Franklin County Assessor uses a four year rotation to assess all real property in the County. No portion of the City will be re- assessed in 2007 for 2008 taxes. The next re- assessment for the property within City limits (west of 20"' Avenue) will take place in 2008 for taxes in 2009. GENERAL PROPERTY TAX LEVY The estimated property tax levy used in the Preliminary 2007 Budget is $5,205,000. The Council has various options to setting the 2007 General Property Tax Levy. Following are several of those options. Option 1: The following figures are from numbers provided by the Franklin County Assessor, adding the 1% increase and adding the value of new construction and annexations at last year's rate and adding those numbers to last year's total levy. 2006 Total General Property Tax Levy $4,752,886 I% increase in the levy rate based on the allowable maximum levy 58,972 New Construction Values of $188,612,000 at the 2006 rate of $2.3912/$1,000 Assessed Value 451,859 Annexation Values of $0 at the 2006 rate of $2.3912/$1,000 Assessed Value 0 Increase in the State Assessed Utilities of $0 at the 2006 rate of $2.3912/$1,000 Assessed Value 0 $5,263,717 A 2007 General Levy of $5,263,717 using the assessed value of $2,314,634,072 calculates to a levy rate of $2.2741 per $1,000 of assessed value. This is about 12 cents less than the 2006 levy rate of $2.3912. Option 2: By not including any of the 1% increase as shown in Option 1, but including the tax resulting from new construction, the actual levy rate for 2007 will reduce to $2.2487 per $1,000 of assessed value. The 2007 General Property Tax Levy would be $5,204,745. This option was used in setting the 2006 levy. Option 3: Last year the Council elected to preserve its excess levy capacity. This is the property taxes the City did not levy but had the legal authority to do so. The amount preserved in last year's preservation ordinance was $1,144,324. If the City were to levy all of the tax available in Option 1 and choose to levy all the preserved levy capacity, the General Levy would increase to $6,408,041. The levy rate would calculate to $2.7685, still well below the maximum rate allowed, per state statute, of $3.60. Any or all of the Preserved Capacity could legally be levied but would need a supermajority vote of the Council. Preserved levy capacity, also referred to as "banked" levy capacity, is not money in a bank account. It is merely monies left in the pockets of the taxpayers. The purpose of RCW 84.55.092 allowing a governmental entity to preserve future levy capacity is to "remove the incentive for a taxing district to maintain its tax levy at the maximum level permitted under this chapter, and to protect the future levy capacity of a taxing district that reduces its tax levy below the level that it otherwise could impose under this chapter, by removing the adverse consequences to future levy capacities resulting from such levy reductions." In plain English this means if the tax is not needed, a City does not have to set the levy at the maximum amount. The City can reserve that resource for future use. Preserving any unused levy capacity also requires a supermajority vote. 1999 UNLIMITED TAX GENERAL OBLIGATION BOND DEBT SERVICE The 2006 debt service requirement for the 1999 UTGO Bonds issued for the purpose of the Library Remodel and Fire Station Relocation is $75,088 and $95,112, respectively. Staff recommends the 1999 Unlimited Tax General Obligation Bond tax levy be set at those amounts. The two numbers are not combined because they appeared on the official ballot separately when voted upon. The county assessor's office requires we set these levies separately. The estimated assessed value for properties subject to the tax (preliminary figure) is $2,048,231,625; this will result in levy rates of $0.0367 and $0.0464, respectively, or a combined levy rate of $0.0831. 2006's levy rates were $0.0442 and $0.0560, respectively, or $0.1002 combined. The schedule of payments calls for principal payments of $100,000 each year for the remaining 13 years. This should reflect in decreased levy rates for the remaining payment schedule as the interest portion declines. 2002 UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS The 2002 Unlimited Tax General Obligation Refunding Bonds were issued to refund the 1993 General Obligation Bonds to take advantage of lower interest rates available and save the taxpayer's money. The debt service requirements in 2007 for the 2002 UTGO Refunding Bonds is $381,288 and staff recommends the 2002 Unlimited General Obligation Refunding Bonds tax levy rate be set at that dollar amount. The estimated assessed value for properties subject to the tax (preliminary figure) is $1,830,883,710. This equates to a levy rate of $0.2083 per $1,000 of assessed value. This is down from the 2006 levy rate of $0.2500. Unlike the 1999 Bonds, the principal payment amounts will increase over the remaining life of these bonds but the interest portion will decrease keeping the annual payments at approximately $380,000. 0 U) LU a w U) w Q 0 0 0 0 0 0 0 0 0 0 LO 0 LO 0 tf) N N r- r- SUOIIIIw lq�o olz� 90 o� so db oel �o o� lt oc, `o oc� 00 o-�, o� 96, oZ �o o� 96, N O CL O H J "�O Oc� Oc, S� �O to O�, - �O Oc, 00 6� 06' 6Z) Q6 6Z s� O O O co O O OO.0 O O O O O O O 4e O O O O cl LC) O LCD O N d C'') C6 N 40 (f} Ef3 �I 6g O 00 M 6F? "�O Oc� Oc, S� �O to O�, - �O Oc, 00 6� 06' 6Z) Q6 6Z s� O O O O O O OO.0 O O O O O O O O O O O O O LC) O LCD O Lq d C'') C6 N (N (f} Ef3 6a 6g } ill &I Vill i 0 4JI 0.� T-4 AA- ko Lr) WN.-V bm" 4-J R I rq: c (1) O c o .4 S o 4-1 0 v) 0 A A Vic m 00 -66- 4.1 Lr) If N, O N'� d6. Lr), 4dj-, 4-1 .j (V (A (10 Elf' U U, 0 c 0 mll ft� 0 00 00 4-j 4-J flo 9� fo, > qj. .fu F1 0 4-1 0 F1 AGENDA REPORT NO. 99 FOR: City Council TO: Gary Crutchfie I Manager Richard J. Smi h, D ector Community a d Economic Development FROM: FROM: David I. McDonald, City Planner DATE: 10/27/06 WORKSHOP: REGULAR MTG: 11/06/06 SUBJECT: PRELIMINARY PLAT: First Place (313 -lots west of Rd 44 south of Desert Plateau) (Al Angelo) (PP06- 003) I. REFERENCE(S): *(Note) A. Resolution "A" with modified conditions incorporating some concerns of the appeal petitioners. B. Resolution "B" with conditions as recommended by the Planning Commission. C. Appeal Petition (See Attached Binder) D. Staff Memo on Appeal (See Attached Binder) E. Applicant (Al Angelo) response to appeal petition (See Attached Binder) F. Planning Commission hearing record (See Attached Binder) G. Preliminary Plat * Note: References and attachments are provided in the Council Packets only. Copies of references and attachments are available in the Planning Office for public review. II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: A. Conduct a Closed Record Hearing: B. Council action based on the record (reports, correspondence, transcript) either: (1) Approving the preliminary plat as recommended by the Planning Commission; or, (2) Approving the preliminary plat with modified or additional conditions; Findings of Fact Motion: Motion: I move to adopt the findings of fact as contained in the staff report to the Planning Commission. Preliminary Plat Motions: Resolution A: (Recommended Motion): Based on the findings of fact as adopted I move to approve Resolution No. , approving the preliminary plat for the First Place subdivision with modified conditions dealing with dust control and covenants. Resolution B: Based on the findings of fact as adopted I move to approve Resolution No. , approving the preliminary plat for the First Place subdivision as recommended by the Planning Commission. III. FISCAL IMPACT: NONE 8(a) IV. HISTORY AND FACTS BRIEF: A. On June 15, 2006 the Planning Commission conducted a public hearing to consider an application for the proposed First Place subdivision. The First Place development is a proposed 313 -lot subdivision located west of Road 44 and south of the Desert Plateau neighborhood. B. Following the conduct of a public hearing, the Planning Commission determined that with conditions related to sewer service 'and other infrastructure needs the preliminary plat could be recommended for approval. C. Adjoining property owners appealed the Planning Commission recommendation. The appeal required the City Council to set a time and date for a Closed Record Hearing to consider the appeal. November 6, 2006 was the date set for the Closed Record Hearing. V. DISCUSSION: The appellants raised four concerns they felt needed further review by the City Council before the preliminary plat was approved. These concerns dealt with the issue of dust control, the application of CC&R's (covenants) to all phases of the subdivision, school impact fees, and the redesign of the roundabout proposed for Road 44. The Staff memo under attachment "A" provides additional discussion on the four neighborhood concerns. The issues dealing with dust control and CC&,R's can be addressed by modifying the plat approval conditions. However, the City Attorney has advised staff the issue related to school impact fees can not be added to approval conditions. Further, the City Attorney advises the fourth issue dealing with the roundabout must be consider new information (this information was not made available to the Planning Commission) and therefore should not be considered by the City Council. Even if the Council could consider the redesigned roundabout Staff would not recommended it be included in the approval conditions because the redesign is not based on sound engineering principles and could lead to increased traffic accidents. Following review of the record the City Council must develop findings from which to base a decision on. The Planning Commission adopted an extensive list of findings that addressed State Law, City Code and various issues raised by adjoining neighbors. In as- much -as the appellants have based their appeal only on a few plat approval conditions it appears the Planning Commission accurately identified the facts in this case. The City Council may simply choose to adopt the Planning Commission findings (modified as deemed necessary) as a basis to approved the preliminary plat with minor modifications to clarify certain conditions. Staff recommends the City Council approve Resolution "A" which clarifies condition numbers 21 and 26. RESOLUTION "A" RESOLUTION NO. A RESOLUTION approving a preliminary plat for First Place. WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing property for the overall welfare of the community; and, WHEREAS, owners and developers of property situated in southwest quarter of Section 14, Township 9 North, Range 29 East, W.M. have requested approval of a preliminary plat; and, WHEREAS, the Planning Commission has reviewed said preliminary plat which is named First Place; and WHEREAS, following a public hearing, the Planning Commission found the proposed plat promoted the general welfare of the community and recommended said preliminary plat be approved with conditions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the preliminary plat for First Place located in the southwest quarter of Section 14, Township 9 North, Range 29 East, W.M., is hereby approved with the following conditions: 1. At the time lots are developed all abutting roads and utilities shall be developed to City standards. This includes, but is not limited to water, irrigation and sewer lines, streets, storm water, fire hydrants and streetlights. All type, size and installation of any City utility shall be according to the current City of Pasco Construction Standards or as approved by the City of Pasco. Sidewalks must be installed no later than the time each lot is developed with a house. All handicapped sections must be completed with the street and curb improvements prior to final plat approval for phases abutting all streets. Sidewalks shall be installed on Madison Avenue and on Road 44 prior to final plat approval for phases abutting said streets. Water utility improvements shall include installation of necessary pressure reducing valves and utility extensions/ looping at a time and location as directed and approved by the City of Pasco. 2. Lots abutting Madison Avenue and Road 44 shall not have direct access to said streets. Access shall be prohibited by means of deed restrictions or statements on the face of the final plat(s). RESOLUTION "A" 3. All intersections will require setback lines for appropriate sight distances. No fences, utility vaults or pedestals, or other obstructions will be allowed in this area. 4. Excess right -of -way along Road 44 and Madison Avenue must be landscaped. Said landscaping shall include irrigation, turf and trees. The species of trees and spacing will be reviewed and approved by the Parks Department. All landscaping and irrigation plans shall be reviewed and approved by the Parks Department prior to installation. Water usage for City Right of Way landscaping shall come from a source as approved by the City with the connection and meter fees paid for by the developer. 5. The developer/ builder shall pay the City a "common area maintenance fee" of $825 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of lands along Madison Avenue and along Road 44 adjacent proposed lots 41 -39 and Lots 217 -223. The City shall not accept maintenance responsibility for the landscaping abutting said street until such time as all homes are permitted in each phase that abut said streets. 6. The developer/ builder shall pay the City a "traffic mitigation fee" per the Municipal Code. Fees collected shall be placed in a fund and used to finance signalization and other improvements necessary to mitigate traffic impacts on the circulation system within the I -182 corridor. 7. The developer shall install a common Estate type fence 6 feet in height, with a minimum 2 foot wide by 6 inch deep concrete mow strip centered along the bottom rail adjacent the rear line of all lots backing on Madison Avenue and Road 44. The City may make repairs or replace the fencing as needed. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep of the fencing. These fencing requirements shall be noted clearly on the face of the final plat(s). 8. A block wall (fence) shall be installed along the rear of lots of 114 -116 and 193 to 207. At present, a sewer main is located within a sewer easement along these rear lot lines. No permanent structures can be erected /placed /constructed within this easement. This may require relocation of the existing sewer line within a paved Right of Way. A common Estate type fence 6 feet in height shall be installed adjacent the rear lines of lots 208 to 217. Prior to installation the City must approve said wall and fence. The City may make repairs or replace the wall and fence as needed. Property owners adjoining said wall and fence shall be responsible for payment of all costs associated with maintenance and RESOLUTION "A" upkeep. These wall and fence requirements shall be noted clearly on the face of the final plat(s). 9. The developer shall be responsible for all costs associated with construction inspection service expenses incurred by the City of Pasco Engineering Department. 10. The developer will be required to provide a deposit to the City of Pasco to allow the City of Pasco to hire a surveying company to perform topographic surveys of the constructed utilities including manhole lids and flow line elevations, location of sewer stubs, water valves, water meters, irrigation valves, irrigation services, storm water catch basins, street lights, fire hydrants, monuments and other pertinent information deemed necessary, to the satisfaction of the City of Pasco. The developers will be required to provide as -built drawings for the remainder of the improvements. The City of Pasco contracted surveyor will be given an electronic copy of the design drawings to then insert their findings from the topographic survey. 11. The developer shall insure active and ongoing dust and litter abatement activities occur during the construction of the subdivision and construction of the houses thereon. 12. The final plat shall contain 10 to 15 foot utility easements parallel to all streets as required by utility providers. 13. The developer shall install a properly designed irrigation system with stubs to all lots in the subdivision for future irrigation needs. Additional mainlines may be required to be installed at a time and location as directed by the City of Pasco. All easements /right of ways necessary to convey an irrigation system to and through the proposed plat must be conveyed to the City of Pasco. The irrigation lines shall run in easements/ rights of way as directed by the City Engineer. 14. All engineering designs for infrastructure and final plat drawings shall utilize the published City of Pasco Vertical Control Datum. 15. Any and all water rights associated with this land, along with any wells, pumps, pipe, associated electrical system(s) and appurtenances shall be conveyed to the City prior to subdivision construction plan approval of the first phase. If no water rights are available to transfer to the City the property owner /developer must pay a water right fee of $1,500 per acre in lieu thereof. The Public Works Director may waive the fee if the developer mixes a soil additive in the ground that provides 30% retention of irrigation water. RESOLUTION "A" 16. The developer/ builder shall pay a $250 park fee per lot upon issuance of building permits for homes. The developer shall also install curb gutter and side walk around the park site and stub water, sewer and power to the park site. If the developer installs the park including landscaping, pathways, irrigation systems, and playground equipment no park fee will be required. 17. The final plat shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and /or connection of any electrical service to or within the plat." 18. The final plat shall contain the following statement: "Irrigation service lines are currently available to lots within this plat; however, water for the irrigation system may not currently be available. The City of Pasco is constructing its irrigation infrastructure on an ongoing basis. The use of the system will become available as time and resources permit the expansion and connection of new systems to the existing irrigation supply." 19. All storm water shall be disposed of through means approved by the City of Pasco. Due to storm water runoff concerns, all lot frontages abutting the right -of -way shall be raised a minimum of 2 feet above the curb line to help protect from runoff overflow. All methods utilized to capture and dispose of storm water shall be in accordance with current City code(s), Standard Specifications the Eastern Washington Storm Water Manual and applicable Washington State Law. 20. The developer shall prepare a "slope damage control and mitigation plan" outlining the steps that will be taken to protect the slope between Desert Plateau and the proposed First Place Subdivision. The plan shall also include slope restoration measures in the event the slope fails or is damaged. Said plan must be approved by the City Engineer with the subdivision construction drawings. 21. The developer shall prepare a dust and erosion control plan. Dust control shall be in accordance with the municipal code and Section 2 -07 of the Standard Specifications of the City Engineer. Dust control measures shall occur continually during construction activities. Following the final rough grading of Phase B -F must be treated with a RESOLUTION "A" ground cover or mulch containing a fast growing dryland grass. Phase "A" shall be treated as per the Engineering Standards required to be placed on the subdivision construction drawings. During the development of the plat the developer shall maintain the irrigated cover crop on those phases that are not under current development for as alone as practically feasible. In the event it is impractical in the opinion utility installation requirements are paramount and will dictate the Practical feasibility of maintaining the cover crop 22. The developer shall create a rear yard set back of at least 40 feet along the back of proposed lots 9, 13, 20, 21, 22, 23, 24, 25, 26, 27, and 28. The Developer shall create a rear yard set back of at least 25 feet along the back of proposed lots 4, 5, 6, 7, and 8. 23. A 10 foot access easement to the I -182 bike /walking path shall be provided between lots 197 and 198. 24. The developer shall provide one sewer stub, one irrigation stub and a potable water stub to the park. The park site must be graded and mulched, prior to development, to prevent blowing dust. 25. All streets are to be developed as directed by the City of Pasco. Proposed street grades for each street shall be individually evaluated for safe vehicular, pedestrian and maintenance traffic. All temporary streets will be required to have a paved turn around (1" paved surface on 2" rock) at the end of the street to the satisfaction of the City of Pasco 26. The Developer shall prepare and record Covenants affecting all phases of the Plat, as agreed and represented at the June 15, 2006 public hearing, which provide for dwelling minimum square footage standards, enforceable architectural control standards, landscaping requirements and nuisance prevention standards compatible with City regulations and hearing representations. Passed by the City Council of the City of Pasco this 6th day of November, 2006. Joyce Olson, Mayor ATTEST: Sandy L. Kenworthy, Deputy City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney RESOLUTION "B" RESOLUTION NO. A RESOLUTION approving a preliminary plat for First Place. WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing property for the overall welfare of the community; and, WHEREAS, owners and developers of property situated in southwest quarter of Section 14, Township 9 North, Range 29 East, W.M. have requested approval of a preliminary plat; and, WHEREAS, the Planning Commission has reviewed said preliminary plat which is named First Place; and WHEREAS, following a public hearing, the Planning Commission found the proposed plat promoted the general welfare of the community and recommended said preliminary plat be approved with conditions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the preliminary plat for First Place located in the southwest quarter of Section 14, Township 9 North, Range 29 East, W.M., is hereby approved with the following conditions: 1. At the time lots are developed all abutting roads and utilities shall be developed to City standards. This includes, but is not limited to water, irrigation and sewer lines, streets, storm water, fire hydrants and streetlights. All type, size and installation of any City utility shall be according to the current City of Pasco Construction Standards or as approved by the City of Pasco. Sidewalks must be installed no later than the time each lot is developed with a house. All handicapped sections must be completed with the street and curb improvements prior to final plat approval for phases abutting all streets. Sidewalks shall be installed on Madison Avenue and on Road 44 prior to final plat approval for phases abutting said streets. Water utility improvements shall include installation of necessary pressure reducing valves and utility extensions/ looping at a time and location as directed and approved by the City of Pasco. 2. Lots abutting Madison Avenue and Road 44 shall not have direct access to said streets. Access shall be prohibited by means of deed restrictions or statements on the face of the final plat(s). RESOLUTION "B" 3. All intersections will require setback lines for appropriate sight distances. No fences, utility vaults or pedestals, or other obstructions will be allowed in this area. 4. Excess right -of -way along Road 44 and Madison Avenue must be landscaped. Said landscaping shall include irrigation, turf and trees. The species of trees and spacing will be reviewed and approved by the Parks Department. All landscaping and irrigation plans shall be reviewed and approved by the Parks Department prior to installation. Water usage for City Right of Way landscaping shall come from a source as approved by the City with the connection and meter fees paid for by the developer. 5. The developer/ builder shall pay the City a "common area maintenance fee" of $825 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of lands along Madison Avenue and along Road 44 adjacent proposed lots 41 -39 and Lots 217 -223. The City shall not accept maintenance responsibility for the landscaping abutting said street until such time as all homes are permitted in each phase that abut said streets. 6. The developer/ builder shall pay the City a "traffic mitigation fee" per the Municipal Code. Fees collected shall be placed in a fund and used to finance signalization and other improvements necessary to mitigate traffic impacts on the circulation system within the I -182 corridor. 7. The developer shall install a common Estate type fence 6 feet in height, with a minimum 2 foot wide by 6 inch deep concrete mow strip centered along the bottom rail adjacent the rear line of all lots backing on Madison Avenue and Road 44. The City may make repairs or replace the fencing as needed. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep of the fencing. These fencing requirements shall be noted clearly on the face of the final plat(s). 8. A block wall (fence) shall be installed along the rear of lots of 114 -116 and 193 to 207. At present, a sewer main is located within a sewer easement along these rear lot lines. No permanent structures can be erected /placed /constructed within this easement. This may require relocation of the existing sewer line within a paved Right of Way. A common Estate type fence 6 feet in height shall be installed adjacent the rear lines of lots 208 to 217. Prior to installation the City must approve said wall and fence. The City may make repairs or replace the wall and fence as needed. Property owners adjoining said wall and fence shall be responsible for payment of all costs associated with maintenance and RESOLUTION `B" upkeep. These wall and fence requirements shall be noted clearly on the face of the final plat(s). 9. The developer shall be responsible for all costs associated with construction inspection service expenses incurred by the City of Pasco Engineering Department. 10. The developer will be required to provide a deposit to the City of Pasco to allow the City of Pasco to hire a surveying company to perform topographic surveys of the constructed utilities including manhole lids and flow line elevations, location of sewer stubs, water valves, water meters, irrigation valves, irrigation services, storm water catch basins, street lights, fire hydrants, monuments and other pertinent information deemed necessary, to the satisfaction of the City of Pasco. The developers will be required to provide as -built drawings for the remainder of the improvements. The City of Pasco contracted surveyor will be given an electronic copy of the design drawings to then insert their findings from the topographic survey. 11. The developer shall insure active and ongoing dust and litter abatement activities occur during the construction of the subdivision and construction of the houses thereon. 12. The final plat shall contain 10 to 15 foot utility easements parallel to all streets as required by utility providers. 13. The developer shall install a properly designed irrigation system with stubs to all lots in the subdivision for future irrigation needs. Additional mainlines may be required to be installed at a time and location as directed by the City of Pasco. All easements /right of ways necessary to convey an irrigation system to and through the proposed plat must be conveyed to the City of Pasco, The irrigation lines shall run in easements/ rights of way as directed by the City Engineer. 14. All engineering designs for infrastructure and final plat drawings shall utilize the published City of Pasco Vertical Control Datum. 15. Any and all water rights associated with this land, along with any wells, pumps, pipe, associated electrical system(s) and appurtenances shall be conveyed to the City prior to subdivision construction plan approval of the first phase. If no water rights are available to transfer to the City the property owner /developer must pay a water right fee of $1,500 per acre in lieu thereof. The Public Works Director may waive the fee if the developer mixes a soil additive in the ground that provides 30% retention of irrigation water. RESOLUTION "B" 16. The developer/ builder shall pay a $250 park fee per lot upon issuance of building permits for homes. The developer shall also install curb gutter and side walk around the park site and stub water, sewer and power to the park site. If the developer installs the park including landscaping, pathways, irrigation systems, and playground equipment no park fee will be required. 17. The final plat shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and /or connection of any electrical service to or within the plat." 18. The final plat shall contain the following statement: "Irrigation service lines are currently available to lots within this plat; however, water for the irrigation system may not currently be available. The City of Pasco is constructing its irrigation infrastructure on an ongoing basis. The use of the system will become available as time and resources permit the expansion and connection of new systems to the existing irrigation supply." 19. All storm water shall be disposed of through means approved by the City of Pasco. Due to storm water runoff concerns, all lot frontages abutting the right -of -way shall be raised a minimum of 2 feet above the curb line to help protect from runoff overflow. All methods utilized to capture and dispose of storm water shall be in accordance with current City code(s), Standard Specifications the Eastern Washington Storm Water Manual and applicable Washington State Law. 20. The developer shall prepare a "slope damage control and mitigation plan" outlining the steps that will be taken to protect the slope between Desert Plateau and the proposed First Place Subdivision. The plan shall also include slope restoration measures in the event the slope fails or is damaged. Said plan must be approved by the City Engineer with the subdivision construction drawings. 21. The developer shall prepare a dust and erosion control plan. Dust control shall be in accordance with the municipal code and Section 2 -07 of the Standard Specifications of the City Engineer. Dust control measures shall occur continually during construction activities. Following the final rough grading of Phase B -F must be treated with a RESOLUTION `B" ground cover or mulch containing a fast growing dryland grass. Phase "A" shall be treated as per the Engineering Standards required to be placed on the subdivision construction drawings. 22. The developer shall create a rear yard set back of at least 40 feet along the back of proposed lots 9, 13, 20, 21, 22, 23, 24, 25, 26, 27, and 28. The Developer shall create a rear yard set back of at least 25 feet along the back of proposed lots 4, 5, 6, 7, and 8. 23. A 10 foot access easement to the I -182 bike /walking path shall be provided between lots 197 and 198. 24. The developer shall provide one sewer stub, one irrigation stub and a potable water stub to the park. The park site must be graded and mulched, prior to development, to prevent blowing dust. 25. All streets are to be developed as directed by the City of Pasco. Proposed street grades for each street shall be individually evaluated for safe vehicular, pedestrian and maintenance traffic. All temporary streets will be required to have a paved turn around (1" paved surface on 2" rock) at the end of the street to the satisfaction of the City of Pasco 26. The Developer shall prepare and record Covenants affecting the Plat, as agreed and represented at the June 15, 2006 public hearing, which provide for dwelling minimum square footage standards, enforceable architectural control standards, landscaping requirements and nuisance prevention standards compatible with City regulations and hearing representations. Passed by the City Council of the City of Pasco this 6th day of November, 2006. Joyce Olson, Mayor ATTEST: Sandy L. Kenworthy, Deputy City Cleric APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council TO: Gary FROM: Stan Strebel, Pfi3iK s' tive and Community Services Direi- SUBJECT: Revisions to Pasco Municipal Code Regarding Impounded Vehicles, Hearings and Fees Therefore I. REFERENCE(S): II. III. IV October 12, 2006 Workshop Mtg.: 10/23/06 Regular Mtg.: 1 1/6/06 A. Proposed Ordinance — Vehicle Impounds B. Memorandum from the City Attorney (September 22, 2006) C. Proposed Ordinance — Fee Amendments ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 10/23: Discussion 11/6: MOTION: I move to adopt Ordinance No. , an Ordinance Amending the Procedures and Application for Impound Hearing, Amending Certain Sections of the Pasco Municipal Code and Enacting a New Section 9.60.035, and further, to authorize publication by summary only. MOTION: I move to adopt Ordinance No. , an Ordinance Amending Chapter 3.07 of the Pasco Municipal Code regarding fees for Vehicle Impound Hearings and Appeals, and further, to authorize publication by summary only FISCAL IMPACT: N/A HISTORY AND FACTS BRIEF: A) Staff has recently become aware of inconsistencies between City Ordinance and State law regarding the impoundment of vehicles and the conduct of hearings regarding such impounds. These have been brought about by action of the Legislature or directives of the State Supreme Court or the Court of Appeals. (Please see the attached memo from the City Attorney, which discusses this in detail.) B) The attached draft ordinance is proposed to clarify the inconsistencies and bring City procedures into harmony with State law. The proposed ordinance has been reviewed with the different departments involved in the impound of vehicles or appeals relating thereto and is recommended for adoption by Council. C) A companion ordinance is also attached adopting the necessary fees into the Pasco Municipal Code. 8(b) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending the Procedures and Application for Impound Hearing Amending Section 10.18.010, 10.18.020, 10.18.030, 10.18.031, 10.18.032, 10.18.040, and 10.18.045; Repealing 10.18.050; and Enacting a New Section 9.60.035 WHEREAS, the State legislature has, on several occasions since the enactment of this Ordinance, amended the statute authorizing impoundment for certain circumstances and in part, as a result of recent decisions of the Washington State Supreme Court and recent changes in the requirements of the Washington Administrative Code, changes are necessary to the City's ordinances to reflect these changes, to become consistent with the State law and to provide for the timely adjudication of such cases, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 10.18.010 entitled "Authority to Impound Vehicles" of the Pasco Municipal Code shall be and hereby is amended and shall read as follow: 10.18.010 AUTHORITY TO IMPOUND VEHICLES. A) Grant of authority. Members of the n pniiep. DepaAinefA City law enforcement officers are hereby authorized and empowered to remove, tow and impound a vehicle from a public street, er highway or right -of -way to a designated vehicle impound facility including the business location of a registered tow buck operator under the circumstances hereinafter enumerated: 1) Whenever a driver of a vehicle is arrested for a violation of RCW 46.61.502 (Driving Under the Influence); of GEmsumin— Aleah4, RCW 46.61.504 (Physical Control of a Vehicle Under the Influence); RCW 46.20.342 (Driving While License Invalidated)' or RCW 46 20 345 (Operation Under Other License or Permit While License Suspended or Revoked) such vehicle is subject to summary impoundment pursuant to the terms of this Chapter at the direction of a law enforcement officer. Impound of Vehicle Ordinance - I DRA FT #3 10/18/06 • .- • M. r� awl m ._ MA • .. r •._ •� _•_ 2) In addition, a law enforcement officer may take custody of a vehicle at his or her discretion after consideration of reasonable alternatives and provide for its prompt removal to a place of safety or designated vehicle impound facility under any of the following circumstances: a) Whenever a law enforcement officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46 61 570 (Stopping Standing, or Parking Prohibited in Specified Places) the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to aposition off the roadway obstruction to traffic or jeopardizes public safety; Impound of Vehicle Ordinance - 2 DRAFT 43 10/18/06 physically or mentally incapable of deciding upon steps to be taken to protect his or her property; d) Whenever the driver of a vehicle is arrested and taken into custody by a law enforcement officer: e) Whenever a law enforcement officer discovers a vehicle that the officer determines to be a stolen vehicle• 0 Whenever a vehicle without a special license plate plaque or decal indicating that the vehicle is being used to transfer a person with disabilities under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61 581 which space is provided on private property without charge or on the public property; Upon determining that a Derson is operating a motor vehicle h) Whenever a vehicle is illegally occupying a restricted parking zone including, but not limited to truck or commercial loading zone bus or taxi loading zone, posted street construction or maintenance or other similar zone where, by order of the Director of Public Works Chief of Police or Fire Chief of their designees, parking is limited to designated classes of vehicles or is prohibited during certain hours on designated days or at all times if the zone has been established with signage restricting parking for at least twenty-four (24) hours giving notice to the public that a vehicle will be removed if illegally parked in the zone, and where the vehicle is interfering with the proper and intended use of the zone. i) Whenever the driver of a vehicle is arrested for violation of RCW 46.61.503 (Driver Under Twenty -One Consuming Alcohol) Nothing is this section may derogate from the powers of a law enforcement officer under the Revised Code of Washington, including but not limited to RCW 46.55.080, RCW 46.55.085, RCW 46.55 113 or RCW 9A.88.140, or any other sections of the Pasco Municipal Code, or the common law. 3) When an arrest is made for a violation of RCW 46 20 342 (DWLS) if the vehicle is a commercial vehicle and the driver of the vehicle is not the owner of the vehicle, before summary impoundment directed under subsection (1) of this section the law enforcement officer shall attempt in a reasonable and timely manner to contact the Impound of Vehicle Ordinance - 3 DRAFT 10/18/06 owner of the vehicle and may release the vehicle to the owner if the owner is reasonably available, as lone as the owner was not in the vehicle at the time of the stop and arrest and the owner has not received a prior release under this subsection or RCW 46 55 120 1 a ii. B) Notice to Owner of Liability for Costs and Pees. When any vehicle is removed, towed or impounded pursuant to this chapter the owner of the vehicle shall pay the towing and storage costs against the said vehicle, as well as any costs and fees assessed pursuant to this chapter, before said vehicle is released. Notice of impound required by RCW 46.55.110 shall be given by the tow truck operator. C) Tow Truck Operator. The City shall appoint by competitive bid, contract, rotational call agreement, or any combination of these methods, one or more properly licensed tow truck operators registered with the State of Washington to provide such services. Tire Police Department shall arrange for towing and storage of the impounded vehicle through a properly licensed tow truck operator registered with the State of Washington and contracted with the City of Pasco. It is required that the tow buck operators who contract with the City have a City business license. A copy of the Towing Contractors current towing and storage rates shall be on file with the Chief of Police and the Administrator of Pasco Municipal Court. An appointment may be rescinded by the City upon evidence that the appointed tow truck operator is not complying with the laws or rules relating to removal and storage of vehicles or this chapter. The rates for towing and storage shall be imposed in accordance with rate schedules on file with the Chief of Police and the Administrator for Pasco Municipal Court. D) Costs. Any costs incurred in the removal of an impounded vehicle shall be paid by the owner of the vehicle so removed, and the same shall be a lien upon such vehicle. (Ord. 3405 Sec. 1, 2000; Ord. 3341 Sec. 1, 1998.) Section 2. That Section 10.18.020 entitled 'Period of Impoundment' of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.18.020 PERIOD OF IMPOUNDMENT, Impoundment Or"MMMMMITAIN M. W Pr RONNIE 1W. • WNW WWWW"W", I NINE Impound of Vehicle Ordinance - 4 DRAFT #3 10/18/06 M. oil 11 W al I'M 4111 I ) If the driver is arrested for a violation of RCW 4620342 (1)(c) (Third Degree Suspended /Revoked) and has no convictions for violation of RCW 46 20 342 in the past five (5) years the vehicle may be impounded but no suspended driver hold shall be placed on the vehicle If the driver is also the registered owner, then the vehicle shall be held until all outstanding penalties fines and forfeitures owed by him or her are satisfied. The driver and or registered owner must present proof in a Court of law that he or she has no outstanding penalties fines or forfeitures and the proof of financial responsibility as required by RCW 46.29 at redemption 2) If the driver is arrested for a violation of RCW 46 20 342 (1)(c) (Third Degree Suspended/Revoked) and has any prior convictions for violations of RCW 46.20.342 in the past five (5) Years the vehicle may be held in impound for thirty (30) days. 3) If the driver of the vehicle is arrested for a violation of RCW 46 20 342 (1) (a) or (b) (First or Second Degree Suspended /Revoked) and has no convictions for violations of RCW 46.20.342 in the past five (5) years the vehicle may be held in impound for thirty (30) dam 4) If the driver of the vehicle is arrested for a violation of RCW 46 20 342 (1)(a) or (b) (First or Second Degree Suspended/Revoked) and has been convicted of a violation of RCW 46 20 342 (1) (a) or (b) in the past five (5) years the vehicle may be held in impound for sixty (60) days 5) If the driver of the vehicle is arrested for a violation of RCW 46 20 342 (1)(a) or (b) (Furst of Second Degree Suspended /Revoked) and has been convicted of a violation of RCW 46 20 342 (1)(a) or (b) two or more times in the past five (5) years the vehicle may be held in impound for ninety (90) days (213) Impoundment for Other Violations. Pursuant to the authority of RCW 46.55.113, whenever the driver of a vehicle is arrested for a violation of any of the provisions of identified in PMC 10.18.010 not listed in section (A) above, or a vehicle is towed and impounded pursuant to the provisions of PMC 10.18.010 not listed in section (A) above, the vehicle shall may be impounded until such time as the registered or legal owner of said vehicle, a party having interest in the vehicle or a person authorized by the registered or legal owner, or one who has purchased the vehicle for value fi•om the registered or legal owner, who produces 'ownership or Impound or Vehicle Ordinance - 5 DRAFT #3 10/18/06 authorization and signs a receipt therefore, appears in person to redeem said vehicle. For the purpose of this Chapter, a person having an interest in the vehicle is a spouse member of the immediate family or household or other Person relying upon the use of the vehicle to meet working, education medical needs or securing the necessities of life C) The release of all vehicles impounded under this section shall be subject to the provisions of Section 10 18 030 below. Commercially rented vehicles may be impounded however, no suspended driver holds shall be placed upon these vehicles The rental company owning such vehicle shall be notified by phone of such impound (Ord. 3405 Sec. 1, 2000; Ord. 3341 Sec. I, 1998.) Section 3. That Section 10.18.030 entitled "Redemption of Impounded Vehicles" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.18.030 REDEMPTION OF IMPOUNDED VEHICLES. Vehicles or other items of personal property registered or titled with the Washington State Department of Licensing or other similar agency impounded at the direction of the City law enforcement or code enforcement officer shall be redeemed only under the following circumstances: A) Al- ounded- vehicle Redemption may be redeemed permitted only by: °: The registered --a, legal owner, registered owner e��! - °�- °�^ m- -••mot- ef their i••••••�ft.,;I -y, a party having interest in the vehicle or person authorized in writing by the legal owner of the vehicle 2) A pet -sen authorized, i • •. The vehicle's insurer. 3) A-betiii ftdA- pm- o „a�2,• -vF ewnership A person who is determined and verified by the impound operator to have the permission of the registered owner of the vehicle or other item of title or registered personal property. 4) °e:nifl6 a reatal fleet vehicle One who has purchased the vehicle or item of registered or titled personal property from the registered owner who produces proof of ownership or written authorization and signs a receipt therefore, and provides proof of financial responsibility as required by RCW 46.29 may redeem an impounded vehicle or item of titled or registered personal property. 51 In addition, a vehicle impounded because the operator is in violation of RCW 46.20.342 (1)(c) shall not be released until a person eligible to redeem it under this subsection satisfies the requirements of RCW 46 55 120 (e ), including paying all towing, removal, and storage fees notwithstanding the fact that the impound hold period was ordered by the City. If the Washington State Department of License's records show that Impound of Vehicle Ordinance.- 6 D RA FT #3 10/18/06 the driver has been convicted of a violation of RCW 46 20 342 within the past five (5) years, the vehicle may be held for up to thirty (30) days at the written direction of the Pasco Police Department A vehicle impounded because the driver is arrested for a violation of RCW 46.20.342 may be released only pursuant to a written order from the City or from the Court having jurisdiction The City may issue a written order for early release of the impounded vehicles provided in Section 10.18.030. 5) A motor yehini r 4-nder .pith te � a�GiSu VOC�.Ze jev w. a, y interest i A rental car business may immediately redeem a rental vehicle it owns by payment of the costs of removal, towing and storage where Won the vehicle will not be held where the suspended license impound 6) A motor vehicle dealer or lender with a perfected security interest in the vehicle may redeem or lawfully repossess a vehicle immediately by payment of the costs of removal, towing and storage where upon the vehicle will not be held for a suspended license impound as permitted by RCW 46 55 120 (1)(d) n� Jill illilljllllllllllllllillillilillilI ST 11111 RW 1. • .• �• . �_ • • • amende (Ord. 3405 11 • Section Section 4. That 1 18.031 of p• of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.18.031 EARLY RELEASE OF IMPOUND VEHICLES. Afty-�� Impound of Vehicle Ordinance - 7 DRAFT #3 10/18/06 A) Any person authorized to redeem a vehicle or item of registered or titled personal property under Section 10. 18.030 seeking to redeem a vehicle impounded may request the early redemption of a vehicle subject to a suspension impound hold only upon the following basis: 1) Economic or personal hardship to a person having an interest in the vehicle, taking into consideration Public safety factors including the operator's criminal history and driving record; or 2) The owner of the vehicle was not the driver, the owner did not know that the driver's license was suspended or revoked and the owner has not received a prior release of the vehicle under this subsection or RCW 46 55 113 (3) (commercial vehicle lease . In order to avoid discrimatory application other than the reasons set forth above the City shall, dery release of the vehicle in all other circumstances without discretion B) Any person identified in Section 10.18.030 seeking to redeem a vehicle impounded pursuant to this chapter may request a hearing before the City Hearing Examiner under 2.19 of this Code. The hearing may only be requested: I ) To request, or appeal the City's denial of an early release due to economic or personal hardship to a person having an interest in the vehicle considering public safety, the operator's criminal history and driving record: or 2) To request an early release on the grounds that the owner of the vehicle was not the driver, the owner did not know that the driver's license was suspended or revoked _ and the owner has not received a prior release of this section or RCW 46 55 113 ah 3) To contest the validity of the impound; or 4) To challenge or dispute the amount of the towing and storage charges C) The hearing examiner shall consider the following_ Impound of Vehicle Ordinance - 8 DRAFT #3 10/18/06 0) Economic or Personal o:•�,,,.�Hardship. The Hearing Offieei: Examiner is authorized to release a vehicle impounded pursuant to PMC 10.18.020 (A) prior to the expiration of any period of impoundment upon petition of the-spouse of the dri y.===vc he GffleSti_ ,•,a -pa meF-oz;.." , • a person having an interest in the vehicle or the owner of the vehicle who was not the operator at the time of impoundment, based on economic or personal hardship to such person or entity resulting from the unavailability of the vehicle, and after consideration of any threat to the public safety that may result from the release of the vehicle, including, but not limited to, the driver's criminal history, driving record, license status and access to the vehicle. if such release is authorized, the person redeeming the vehicle must still satisfy the requirements of PMC 10. 18.030 (A) (B) and (E). 2) Contesting the Validity of impound. A person seeking to redeem a vehicle impoundment pursuant to this chapter may petition for a hearing before the Hearing Offreer Examiner to contest the validity of the impoundment. The petitioner should be prepared to show at the hearing why the impoundment was not proper. 3) Challenging the Impoundment Costs and Storage Fees. A person who seeks to challenge the costs of towing and the storage fees may petition for a hearing before the Hearing Offre-er Examiner to do so. The petitioner should be prepared to show at the hearing why the costs and fees charged are not proper and should not be imposed. (Ord. 3405 Sect, 1, 2000.) Section 5. That Section 10.18.032 entitled "Request for Hearing" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.18.032 REQUEST FOR HEARING. Any request for a hearing shall be made in writing, on a form provided for that purpose. The request must be received by the Chief of Police within ten (10) days of the receipt of notice from the registered tow truck operator that effected the impoundment together with an administrative he- aring fee pursuant to PMC 3.07. If the hearing request is not received by the Chief of Police within the ten (10) day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter. Only upon a showing of good cause will a late request for a hearing be considered. For the purpose of this section good cause shall be defined as circumstances beyond the control of the person seeking the hearing that prevented such person from filing a timely request for hearing. In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with this chapter. die r Impound of Vehicle Ordinance - 9 DRAFT U 10/18/06 2000.) validity of t (Ord. 3405 Sec. 1, Section 6. That Section 10. 18.040 entitled "Impoundment Hearing Procedure" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.18.040 IMPOUNDMENT HEARING PROCEDURE. Hearings requested pursuant to PMC 10.18.030 shall be held before the Hearing Office e Examiner who shall determine: A) Whether an persenal--er economic or personal hardship exists justifying an early release of the vehicle; or B) Whether the non - driver owner had knowledge of the driver's license suspension; or 130 Whether the impoundment was proper; or ED) Whether the associated towing fees, storage costs and administrative hearine fees are in accordance with those rates on file with the Chief of Police and Court Administrator as provided in Section 10. 18.010 in accordance with the following procedure: 1) The Hearing Of€eer Examiner shall within five (5) days of the request for hearing, notify the registered tow track operator, the person requesting the hearing (if not the owner), the registered or legal owner of the vehicle, and the person or agency authorizing the impound of the hearing date and time. 2) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show ownership of the impounded vehicle and to show that the impoundment, towing or storage fees charged were not proper. The Hearing O€€eer Examiner shall consider a written report made under penalty of perjury by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing. If the person or persons requesting the hearing requires the presence of the officer who authorized the impoundment, they must subpoena the officer and may be responsible for witness fees relating to the officer's presence. Any person requiring the services of an interpreter shall arrange, at their cost, for the presence of a certified interpreter at the hearing. At the hearing, an abstract of the driver's driving record is admissible without further evidentiary foundation and is prima facie evidence of the status of the driver's license, permit or privilege to drive and that the driver was convicted of each offense shown on the abstract. In addition, a Department of Licensing abstract of the vehicle registration of the impounded vehicle is admissible without further Impound of Vehicle Ordinance - 10 DRAFT N3 10/18/06 evidentiary foundation and is evidence of the identity of the registered owner of the vehicle. 13E) At the conclusion of the hearing, the Hearing O €feer Examiner shall determine whether the impoundment was proper; whether an economic or personal hardship exists justifying early release of the impounded vehicle; whether the towing and storage fees charged were in accordance with the posted rates filed with the Chief of Police and Court Administrator; and who is responsible for payment of the fees. The Hearing Officer Examiner may not adjust fees or charges that are in compliance with the posted or contracted rates that are on file with the Chief of Police and Court Administrator. EF) If the impoundment is found to be proper, the Hearing Officer Examiner shall enter an order so stating. Additionally, the Hearing O €freer Examiner shall order the impoundment, towing and storage fees as permitted under this chapter together with administrative fees to be assessed against the person or persons requesting the hearing. FG) If the impoundment is found to be improper, the Hearing O€feer Examiner shall enter an order so stating, order the immediate release of the vehicle, if still impounded, and order that the registered or legal owners of the vehicle shall not be required to pay impound, towing or storage fees, any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage or other impoundment fees permitted tinder this chapter. The Hearing Offieee Examiner shall enter an order in favor of the registered tow truck operator against the person or agency authorizing the impound or the impoundment, towing and storage fees paid, together with an amount equal to the administrative hearine fees required by law for the impound hearing petition. However, if an impoundment arises from an alleged violation of RCW 46.20.342 DWLS or 46.20.420345 (Operation Under Other License While License Suspended or Revoked) and is determined to be in violation of this chapter, the Peliee law enforcement Dofficer directing the impoundment and the City effipl&ying -the a ; i shall not be liable for the ordered amount if the officer relied in good faith and without gross negligence on the records of the Department of Licensing in ascertaining that the operator of the vehicle had a suspended or revoked driver's license. GH) In the event the Hearing Officer Examiner finds that the impound was proper, but that the towing, storage or administrative hearine fees charged for the impoundment were in excess of the rates posted in Section 10.18.010, the Hearing Officer Examiner shall determine the correct fees to be charged prior to the release of the vehicle, or if the costs of impoundment have been paid, shall enter an order against the towing contractor and in favor of the person who has paid the costs of impoundment for the amount of the overpayment. NJJ) No determination of facts made at a hearing under this section shall have any effect of collateral estoppel on a subsequent criminal prosecution and shall not preclude litigation of those same facts in a subsequent criminal prosecution. (Ord. 3405 Sec. 1, 2000; Ord. 3341 Sec. 1, 1998.) Impound or Vehicle Ordinance - I I DRAFT U 10 /18/06 Section 7. That Section 10.18.045 entitled "Appeal" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.18.045 APPEAL. Any decision of the Hearing Offreee Examiner may be appealed to the Pasco Municipal Court for final judgment.. The hearing on the appeal shall be de novo, subject to the admission of the officer's written report, abstract of driving record and vehicle registration as provided in PMC 10.18.040, which shall be permitted. A person appealing such a decision must file a request for an appeal with the Clerk of the Pasco Municipal Court within thi ten 10 days after the Hearing Officer's Examiner's decision and must pay an appeal tiling fee elf "one deyar" '� �3; gg) pursuant to PMC 3.07. If a person fails to timely file a request for appeal or pay the tiling fee, the right to appeal is waived and the Hearing Offteer's Examiner's decision is final. (Ord. 3405 Sec. 1, 2000.) Section S. That Section 10. 18.050 entitled "Administrative Fee" of the Pasco Municipal Code shall be and hereby is repealed in its entirety. Section 9. That a new Section 9.60.093 entitled "Impoundment of Vehicles" of the Pasco Municipal Code shall be and hereby is enacted and shall read as follows: 9.60.093 IMPOUNDMENT OF VEHICLES. A) As an additional remedy for the abatement of any nuisances identified in this chapter including unauthorized, abandoned, junked vehicles or parts thereof, on public or private property, a law enforcement or code enforcement officer may order the impoundment thereof with the costs of removal to be assessed against the registered owner of the vehicle or against the owner of the property on which the vehicle is located upon the following conditions: 1) A written notice of authorization to impound the vehicle by the City shall be by registered and regular mail to the ]cast registered owner of record of the vehicle and the property owner designated by the records of the Franklin County Auditor, declaring the abatement and removal as a public nuisance of the vehicle or part thereof notifying them that a hearing may be requested within five (5) days of the date of posting, and that if no hearing is requested, the vehicle or parts thereof will be removed. 2) If a timely request for hearing, including the payment of the administrative appeal hearing fee, is received by the City, and notice giving the time, location and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance before the Pasco Hearing Examiner shall be mailed, by certified mail, with a five (5) day return receipt requested, to the owner of the land as shown in the last equalized assessment roll and to the last registered and legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. 3) This section shall not apply to: Impound of Vehicle Ordinnnce - 12 DRAFT #3 10/18/06 a) A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or b) A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130. C) Summary abatement due to an immediate and emergent threat to the public health, safety or welfare, or to the environment as provided in PMC 11.02.070. 4) The owner of land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the Hearing Examiner shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the costs from the landowner. B) The hearing before the Hearing Examiner shall be conducted pursuant to the procedures established in Section 10. 18.040 of this Code. C) Upon determination by the Hearing Examiner that the vehicle or part thereof constitutes a nuisance, the vehicle or part thereof shall be removed at the request of a law enforcement officer with notice to the Washington State Patrol and provide for the assessment of costs against the owner of the vehicle and /or the owner of the property upon which it is located. D) Any person aggrieved by the determination of the Hearing Examiner may be appealed to the Pasco Municipal Court for final judgment pursuant to PMC 10.18.045. Section 10. 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 day of 2006. Joyce Olson Maya' Impound of Vehicle Ordinance - 13 DRAFT #3 10/18/06 ATTEST: City Clerk Impound of Vehicle Ordinance - 14 DRAFT #3 10/18/06 APPROVED AS TO FORM: Leland B. Kerr City Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO. CITY OF PASCO SUMMARY ORDINANCE NO. At a regular meeting held November 6, 2006, the Pasco City Council adopted Ordinance No. ORDINANCE NO.— , is an Ordinance Regarding the Impounding of Vehicles; Amending the Procedures and Application for Impound Hearings and Amending Section 10.18.010, 10.18.020, 10.18.030, 10.18.031, 10.18.032, 10.18.040, 10.18.045, and 10. 18.050 of the Pasco Municipal Code. The Ordinance also enacts a new PMC Section 9.60.035 on Impounds of Nuisance Vehicles. The Ordinance takes effect five (5) days after publication. The full text of Ordinance No. is available for review and copying at the city website www.ci.pasco.wa.us. The full text of the Ordinance will be mailed upon request from the City Clerk of the City of Pasco (509) 545 -3402, PO Box 293, Pasco, Washington, 99301. Sandy L. Kenworthy, Deputy City Clerk PAINE, HAMBLEN, COFFIN, BROOKE & MILLER LLP 7025 West Grandridge Blvd., Suite A Kennewick, Washington 99336 -7724 (509) 735 -1542 MEMORANDUM TO: Stan Strebel, Director Administrative & Community Services City of Pasco FROM: Leland B. Kerr Attorney at Law DATE: September 22, 2006 RE: Impound Ordinance r As I indicated in my previous memo, circumstances have arisen providing an opportunity to review our impound hearing ordinance and procedure. In addition to the concerns previously raised, this gives us an opportunity to likewise make some changes that were recently mandated by the Washington Supreme Court and Court of Appeals. As you recall, in 1998, the legislature changed the law in regards to impounds for violations of driving while license suspended. It provided a mandatory hold period of 30 to 90 days depending upon the nature of the driving while license suspended conviction. As a result, the City amended its ordinance to come into compliance with both the new State law and the procedures established by the Washington State Patrol under the Washington Administrative Code. This construed that the hold period is mandatory, however, the Supreme Court in 2002 ruled in All Around Underground, Inc. vs. The Washington State Patrol, 148 Wn.2d 145, that the legislative direction was permissive rather than mandatory and, therefore, made the impound a matter of discretion. The statute, however, did not identify the factor for consideration in utilizing this discretion and as a result, the State Patrol's procedures were validated. In 2003, a similar case was presented to the Washington Court of Appeals in Becerra vs. City of Warden, 117 Wn.App. 510, which invalidated the City of Warden's mandatory impound ordinance which is virtually the same as the ordinance adopted by the City of Pasco. Partially as a result of these cases, and the fact that the legislature has amended the impound procedures four times since the City's enactment of this ordinance, this provided the perfect opportunity to address all of these issues. Stan Strebel September 22, 2006 Page 2 As indicated in my previous memo, the amendment of RCW 46.55.113 has resulted in some inconsistencies with our ordinance (10.18.010) in regards to the authority of police officers to impound vehicles. The attached draft provides authority consistent with that statute and the recent cases. It identifies the procedure for summary impound of vehicles involved in alcohol and driving while license suspended arrests. It then provides for a discretionary impound of vehicles involved in various other types of violations or safety hazards, likewise, bringing the City's ordinance in compliance with the most recent State statutes. This ordinance also makes changes to the hearing procedure, including the period of appeal to likewise come into compliance with the present State statutes. We have also made the changes to reflect the incorporation of the impound hearings under the authority of the Hearing Examiner as provided in Section 2.19 of the Pasco Municipal Code. Additionally, we have made changes to clarify the issue in regards to impounds as a result of nuisance violations. RCW 46.55.240 identifies the specific elements that must be included in local ordinances to authorize the impound. Nuisance impounds also require a hearing which we incorporated as the same process for hearings on other impounds consistent with the statutory mandate. In addition, the Hearing Examiner, Doug Chambers, had some suggestions regarding applications by members of the immediate family for the release of vehicles subject to a DWLS conviction hold, specific timeframes for the appellate process and a requirement that proof of financial responsibility must be proven at the time of release of an impounded automobile. We are providing the draft ordinance in cross - through and underline format to help demonstrate the differences contained in this proposed ordinance. I would propose that this draft now be circulated with the Police Department, Municipal Court and Code Enforcement to determine if there are other suggested changes that should be incorporated and to revamp our procedures to come into compliance. If you have any suggestions, questions or comments, please do not hesitate to give me a call. LBK/sla Attachment ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington. amending Pasco Municipal Code Chapter 3.07 "Fee Summary," Section 3.07.110 "POLICE." WHEREAS, the City Council of the City of Pasco has determined that certain amendments regarding the fees for services are warranted; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 2. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as provided by law. PASSED by the City Council of Pasco at a regular meeting this 6th day of November, 2006. Joyce Olson, Mayor ATTEST: Sandy L. Kenworthy, Deputy City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Section 1. That Pasco Municipal Code Section 3.07.110 POLICE is amended to read as follows: 3.07.110 POLICE, Fee /Charge Reference A) Concealed Weapon Permit: 1) Application $36.00 RCW 9.41.070 2) F.B.I. Fingerprints $24.00 RCW 9.41.070 B) 3) Renewal Application $32.00 RCW 9.41.070 G) 41 Late Renewal Application $42.00 RCW 9.41.070 D) Replacement Fee $10.00 RCW 9.41.070 (Ord. 3543, 2002). B) Vehicle Impounds I Administrative Flearine 5$ 0.00 PMC 10.18.032 2) Appeal of Flearing Examiner Decision $43.00 PMC 10.18.045 (RCW 2.62.060) Section 2. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as provided by law. PASSED by the City Council of Pasco at a regular meeting this 6th day of November, 2006. Joyce Olson, Mayor ATTEST: Sandy L. Kenworthy, Deputy City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney CITY OF PASCO SUMMARY OF ORDINANCE CITY OF PASCO ORDINANCE NO. At a regular meeting held November 6, 2006, the Pasco City Council adopted Ordinance No. ORDINANCE NO. is an ordinance amending PMC Section 3.07.110 regarding vehicle impound hearing fees. Each ordinance shall take effect five days after publication in the official newspaper of the City of Pasco. The fill text of Ordinance No. is available for review and copying at the city website www.ci. Pasco. wa us. The frill text of the Ordinance will be mailed upon request from the City Clerk of the City of Pasco (509) 545 -3402, PO Box 293, Pasco, Washington, 99301. Sandy L. Kenworthy, Deputy City Clerk AGENDA REPORT FOR: City Council DATE: October 18, 2006 WORKSHOP MEETING: October 23, 2006 TO: Gary Crutchfie it anger REGULAR MTG: November 6, 2006 Stan Strebel, dmiiY; r"ve & Community Services Director FROM: Jim Chase, Finance Manager SUBJECT: INTER FUND LOANS FOR THE CITY STREET FUND ARTERIAL STREET FUND, COMMUNITY DEVELOPMENT BLOCK GRANT FUND AMBULANCE SERVICE FUND, SENIOR CENTER FUND LID CONSTRUCTION FUND ULID 140 FUND AND THE EQUIPMENT RENTAL MAINTENANCE AND OPERATIONS FUND. I. II. III. IV V VI. REFERENCE(S): I) Proposed Resolution. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS• 10/23/06 DISCUSSION 11/06/06 MOTION: I move to approve Resolution No. , authorizing temporary inter -fund loans from the General Fund to the City Street Fund, the Arterial Street Fund, the Community Development Block Grant Fund, the Ambulance Service Fund and the Senior Center Fund in the total amount of $1,505,794.85, and from the Water /Sewer Utility Fund, to the ULID 140 Fund, the Equipment Rental Operations and Maintenance Fund and the LID Construction Fund in the total amount of $614,745.71. HISTORY AND FACTS BRIEF: During the 2005 annual audit by the State Auditor's Office (SAO), the auditor found several funds where the cash balance in the find was in an overdraft position (negative balance). The SAO is requiring a temporary loan to each of these funds as of December 31, 2005 to correct this. The interfiund loans will be repaid as of January 1, 2006. FISCAL IMPACT: $1,505,794.85 from the General Fund and $614,745.71 from the Water /Sewer Utility Fund. Note: These loans will be reversed as of January 1, 2006. DISCUSSION: An interftmd loan is the only way that the General Fund can recoup moneys paid, or loaned, to other finds, staff recommends authorizing zero percent loans to each fund due and payable in one day. Staff will address any such issues towards the end of 2006 to insure that no fund cash balance ends the year in an overdraft (negative) position. Prior to the 2005, the State Auditor's Office did not require that all cash line items in each funds had a positive balance at year end. This does not mean that the City had been overdrawn at the bank. OTHER COMMENTS: The loan from the General Fund is to find those funds that normally have General Fund financial support. There were outstanding receivables that were not collected by the end of the year in the City Street Fund. The Arterial Street Fund shortage was caused by the SR 395 and Argent Ramp Project where the City has now been reimbursed by the Port of 8(c) Pasco and Columbia Basin College. There were outstanding receivables in the Block Grant Fund. There were also outstanding receivables in the Ambulance Service Fund and in the Sr. Center Fund. The loan from the Water /Sewer Utility Fund is to cover utility related Funds. A small shortage in the ULID 140 was caused by the payment of ULID bonds and interest that is paid from the Water /Sewer Fund and monies transferred from the ULID 140 fund. Historically the negative balance in the LID Construction Fund is rectified when the LID project is complete. Both outstanding projects are Sewer LID'S. The cash shortage in the Equipment Rental Maintenance and Operation fiend was caused, for the most part, by increased gasoline prices and maintenance charges. The Equipment Rental Funds are designed to be reimbursed by the Funds that operate that equipment the following year. RESOLUTION NO. A RESOLUTION AUTHORIZING INTERFUND LOANS FROM THE GENERAL FUND TO THE CITY STREET FUND, THE ARTERIAL STREET FUND, THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, THE AMBULANCE SERVICE FUND, AND THE SENIOR CENTER FUND IN THE TOTAL SUM OF $1,505,794.85, AND AN fNTERFUND LOAN FROM THE WATER/SEWER UTILITY FUND TO THE EQUIPMENT RENTAL OPERATIONS - PROPRIETARY FUND, THE LID CONSTRUCTION FUND THE ULID 140 FUND, IN THE TOTAL SUM OF $614,745.71, FOR A GRAND TOTAL OF $2,120,540.56. WHEREAS, the City Council of the City of Pasco has, pursuant to RCW 35.33.121, found that it is in the best interest of the City to lend funds from the General Fund to the City Street Fund, the Arterial Street Fund, the Community Development Block Grant Fund, the Ambulance Service Fund, and the Senior Center Fund, and to provide for the repayment thereof, and WHEREAS, the City Council of the City of Pasco has found it to be in the best interest of the City to lend funds from the Water /Sewer Utility Fund to the Equipment Rental Operations & Maintenance - Proprietary Fund, the LID Construction Fund, and the ULID 140 Fund, and to provide for the repayment thereof, NOW, THEREFORE, THE CITY OF PASCO, WASHINGTON HEREBY RESOLVES AS FOLLOWS: 1. Authorization for loan. The Finance Manager of the City of Pasco is hereby authorized and directed to make the following loans from the City of Pasco General Fund: (A) To the City Street Fund in the sum of $11,542.06; (B) To the Arterial Street Fund in the sum of $979,464.81; (C) To the Community Development Block Grant Fund in the sum of $122,960.06; (D) To the Ambulance Service Fund in the sum of $389,960.06; (E) To the Senior Center Fund in the sum of $1,881.74; The Finance Manager of the City of Pasco is also hereby authorized and directed to make the following loans from the Water /Sewer Utility Fund: (F) To the Equipment Rental Operations and Maintenance- Proprietary Fund in the sum of $109,612.14; (G)To the LID Construction Fund in the sum of $501,487.63; (H) To the ULID 140 Fund in the sum of $3,645.94. 2. Terms and Memorialization. The effective dates of the loans shall be December 31, 2005 and shall be due and payable I day thereafter. Such loans shall bear no interest. This resolution shall constitute memorialization of these loan and their terms. PASSED by the City Council of the City of Pasco, Washington, this 61h day of November 2006. SIGNED in authentication of its passage this 6`h day of November 6, 2006, Joyce Olson, Mayor ATTEST Debra L Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council October 19, 2006 Workshop Mtg.: 10/23/06 TO: Gary Crutchf 1 Manager RegularMtg.:11 /6/06 Stan Strebel, r 11 ' trative & Community Services Director FROM: Jim Chase, Fintance Manager SUBJECT: Closing the Sun Willows Development Fund I. REFERENCE(S): Proposed Ordinance H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/23: Discussion 11/6: MOTION: I move to adopt Ordinance No. authorizing the closure of the Sun Willows Development Fund and, further, authorize publication by summary only. Ill. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The Still Willows Development Fund has served its purpose of accounting for fluids from the development and sale of City land within and immediately adjacent to the Sun Willows Golf Course over the past 15 years. V. DISCUSSION: A) Given the City's primary goal of fostering more industrial investment, it would make sense to place the unused funds into the Industrial Development and Infrastructure Fund. Doing so will permit the Sun Willows Development Fund to be closed, thus reducing unnecessary accounting responsibilities. 8(d) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, for the purpose of closing out the Sun Willows Development Fund. WHEREAS, a fund established by the City of Pasco no longer serves a useful purpose as the commercial development around the Sun Willows Golf Course is completed WHEREAS, it being in the interest of good and proper accounting procedures that this fund be closed, and that any monies and liabilities still remaining therein be transferred to the specified fund noted below. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. The following fund is hereby closed and any monies and liabilities remaining in this fund shall be transferred into the Industrial Development and Infrastructure Fund. Section 2. Chapter No. 3.125 of the Pasco Municipal Code is hereby repealed. Section 3. This ordinance shall take effect five (5) days after passage and publication. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this 6th day of November 2006. Joyce Olson Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney