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HomeMy WebLinkAbout2012.04.16 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. April 16, 2012 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of AIlegiance 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: I. Minutes of the Pasco City Council Meeting dated April 2, 2012. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of $1,261,744.64 ($296,095.48 in the form of Electronic Fund Transfer Nos. 9652, 9667, 9677, 9683, 9696, 9718, 9747 and 9755; and $965,649.16 in the form of Wire Transfer Nos, 1193, 1196 and 1197; and Claim Warrants numbered 187188 through 187437). 2. To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of$185,100.10 and, of that amount, authorize $138,451.95 be turned over for collection. (c) Appointments to Planning Commission: (NO WRITTEN MATERIAL ON AGENDA) To reappoint Andy Anderson to Position No. 3 and Alecia Greenaway to Position No. 4 (both with the expiration date of 2/2/2017); and to appoint Paul Hilliard to Position No. 9 (expiration date 2/2/2015)to the Planning Commission. (d) Resolution No. 3388, a Resolution providing a process for appointments to City Boards and Commissions. 1. Agenda Report from Gary Crutchfield, City Manager dated April 12, 2012. 2. Proposed Resolution. To approve Resolution No. 3388, providing a process for appointments to City Boards and Commissions. (e) Resolution No. 3389, a Resolution establishing primary goals of the City of Pasco for the ensuing calendar years 2012-2013. 1. Agenda Report from Gary Crutchfield, City Manager dated April 5, 2012. 2. Proposed Resolution. To approve Resolution No. 3389, establishing primary goals for the city for calendar years 2012- 2013. (f) Resolution No. 3390, a Resolution authorizing the disposal of Fire Department emergency medical equipment considered surplus property to City needs. 1. Agenda Report from Debbie Clark, City Clerk dated March 23, 2012. 2. Memorandum from Bob Gear, Fire Chief. 3. Proposed Resolution. 4. Intergovernmental Transfer Agreement Emergency Medical Equipment. To approve Resolution No. 3390,to declare emergency medical equipment surplus to City needs. -AND- To authorize the Mayor to sign the Intergovernmental Transfer Agreement with Franklin County Public Hospital District No. 1. Regular Meeting 2 April 16, 2012 (g) Resolution No. 3391, a Resolution of the City of Pasco, Washington, authorizing the City Manager to execute an Interlocal Procurement Agreement with the City of Walla Walla, Washington and purchase an Aerial Ladder Truck. 1. Agenda Report from Bob Gear,Fire Chief dated April 4,2012. 2. Memo to City Manager dated 4/4/12. 3. Resolution. 4. Interlocal Procurement Agreement. To approve Resolution No. 3391, authorizing the City Manager to execute an Interlocal Procurement Agreement with the City of Walla Walla Washington and purchase an Aerial Ladder Truck. *(h) Resolution No. 3392, a Resolution accepting work performed by Winthrop Construction, Inc., under contract for the rebid of Desert Sunset Well House,Project No. C4-10-03-IRR. 1. Agenda Report from Mike Pawlak, City Engineer dated April 12, 2012. 2. Resolution. To approve Resolution No. 3392, accepting the work performed by Winthrop Construction Inc., under contract for the rebid of Desert Sunset Well House. (RC) MOTION: I move to approve the, Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) S. VISITORS -OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through March 2012. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. , an Ordinance of the City of Pasco amending Chapter 3.07 "Fee Summary," Section 3.07.010 "Ambulance"of the Pasco Municipal Code. 1. Agenda Report from Dunyele Mason,Finance Manager dated April 5,2012. 2. Ambulance Fund Analysis. 3. Proposed Ordinance. MOTION: I move to adopt Ordirimice No. ad Justirtg tlyc iarrtbulance utility rates effective May 1, 2012 and Januaiy 1. 2013 and, futther,authorize publication by summary only. (b) Estate Fence Issue: 1. Agenda Report from Stan Strebel,Deputy City Manager dated April 10, 2012. 2. Proposed Ordinance. 3. Proposed Resolution. Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Section 26.32.090"Subdivision Fence Buffering"establishing a standard for"Estate Fences." MOTION: I move to adopt:Ordinance No. _, amending Section 26,32,0,90 of the Pasco Municipal Code, establishing a standard for Estate Teoces and, rurlher, authorize publication by summary only- -AND- Resolution No. , a Resolution of the City of Pasco, Washington, providing for the replacement of nonconforming subdivision Estate Fences- MOTION- I move to approve Desolation No. --, providing for flic rcplaceruent of nonconforming subdivision Estate f=ences, Regular Meeting 3 April 16, 2012 *(c) Resolution No. , a Resolution approving the purchase of certain real property by the Water Utility Fund. 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated April 13, 2012. 2. Location Map. 3. Resolution, MOTION: I mnve to apaf,ruwc Resolution No. approving time purchase of certain real properly for the proptDscd new Columbia Water Supply - 25 MGM Raw Water Ntalce_ 9. UNFINISHED BUSINESS: (None) 10. NEW BUSLNESS: (a) Lease Renewal for Municipal Court: 1. Agenda Report from Stan Strebel, Deputy City Manager dated Apri12,2012. 2. Proposed Lease Renewal. MOTION. I move to approve the Icase rc.nuw l for the Franklin Counly Public: Sat'%y Building as hcsnsirkg for Pascn Municipal L:outt tend, f'urth.er, aulhorizx tlrc City Manager to sigrn the dac:ument. 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 REMINDERS: 1. 6;00 p.m,, Monday, April 16, City Hall Conference Room ##1 — LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 2. 5:30 p.m., Wednesday, April 18 — Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK,Alt.) 3. 3:30 p.m., Thursday, April 19, FCEM Office—Franklin County Emergency Management Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER TOM LARSEN, Alt.) 4. 7:30 a.m., Friday, April 20, Richland City Council Chambers — Hanford Communities Governing Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; AL YENNEY, Alt.) 5. 11:30 a.m., Friday, April 20, Sandberg Event Center— Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRAT]CIK, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 2, 2012 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor, ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Saul Martinez, Matt Watkins and Al Yenney. Absent: Tom Larsen. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Ter-way, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Metzger,Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated March 19, 2012. Minutes of the Special Pasco City Council Meeting dated March 26, 2011 (b) Bills and Communications: To approve General Claims in the amount of$1,057,081.04 ($65,343.28 in the form of Electronic Fund Transfer Nos, 9543, 9597, 9600 and 9604; and $991,737.76 in the form of Wire Transfer Nos. 1185, 1186, 1189, 1190, 1191 and 1192; and Claim Warrants numbered 186757 through 187187), To approve Payroll Claims in the amount of$1,989,203.04, Voucher Nos. 43841 through 43911 and 80130 through 80139; and EFT Deposit Nos. 30050700 through 30051244. (c) Appointments to Code Enforcement Board: To reappoint Donald Cooper to Position No. 3, Dennis Duncan to Position No. 4 and Mary Gutierrez to Position No. 5 (all with the expiration date of 1/112014) to the Code Enforcement Board. (d) 2011 Fire Department Performance Report: To accept the Pasco Fire Department 2011 Performance Report. (c) Rezone Appeal R-1 to R-3 in the 200 and 300 Blocks of N. Charles (MF OZ2012-001): To set 7:00 p.m., May 7, 2012 as the time and date for a closed record hearing to consider the appeal of the Planning Commission rezone recommendation under Master File Number Z2012-001. (f) Resolution No. 3382, a Resolution accepting work performed by Valmont Northwest, Inc., under contract for the 2011 PWRF Irrigation Circle Replacement Project No. C3-11-I0-WRF. To approve Resolution No. 3382, accepting the work performed by Valmont Northwest, Inc., under contract for the 2011 PWRF Irrigation Circle Replacement Project No, C3-1 1- 10-WRF. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. 3(a)A MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 2, 2012 REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Yenney attended the TRAC Advisory Board meeting and the Biennial Council Retreat. Mayor Watkins reported on the Biennial Council Retreat. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street Vacation -- Portion of East "B" Street, Gray and Myrtle Avenues (Montez) (MF#VAC2012-002). Mr. Kerr explained Council's role in Quasi-Judicial matters. Mr. White explained the details of the proposed vacation. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED VACATION. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 4050, an Ordinance vacating a portion of East "B" Street and a portion of South Gray Avenue and South Myrtle Avenue. MOTION: Ms. Francik moved to adopt Ordinance No. 4050, vacating a portion of East "B" Street, a portion of South Gray Avenue and a portion of South Myrtle Avenue and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 4051, an Ordinance of the City of Pasco, Washington, approving the PocketiNet Communications, Inc. Franchise and authorizing the Mayor to sign the Franchise Agreement. MOTION: Ms, Francik moved to adopt Ordinance No. 4051, granting a franchise to PocketiNet Communications, Inc., and to authorize the Mayor to sign the franchise agreement and, further, to authorize publication of the Ordinance by summary only. Mr. Martinez seconded. Motion carried unanimously. Ordinance No. 4052, an Ordinance of the City of Pasco, Washington, amending the Zoning Classification of property located at the 5900 block of Road 90 from RT (Residential Transition) to R-3 (:Medium-Density Residential) with a Concomitant Agreement. Mr, White explained the details of the proposed zoning amendment. MOTION: Ms. Francik moved to adopt Ordinance No. 4052, rezoning the property located at the 5900 block of Road 90 from RT to R-3 with a Concomitant Agreement as recommended by the Planning Commission and, further, to authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Resolution No. 3383, a Resolution awarding 2011 HOME CHDO Set-Aside Grant totaling 590,294 to Benton Franklin Community Action Committee. MOTION: Ms. Francik moved to approve Resolution No. 3383, awarding the 2011 HOME CHDO Set-Aside Grant totaling $90,294 to Benton Franklin Community Action Committee. Mr. Yenney seconded. Motion carried unanimously. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 2, 2012 Resolution No. 3384, a Resolution approving a Preliminary Plat for Navigator Villas. Mr. White explained the details of the proposed plat. MOTION: Ms. Francik moved to approve Resolution No. 3384, approving the Preliminary Plat for Navigator Villas. Mr. Martinez seconded. Motion carried unanimously. Resolution No. 3385, a Resolution accepting the Planning Commission's recommendation and approving a special permit for a contractor's facility at 3905 East"A" Street. Mr. White explained the details of the proposed special permit. MOTION: Ms. Francik moved to approve Resolution No. 3385, approving a Special Permit for the location of a Contractor's Facility in a C-3 (General Business)Zone at 3905 East "A" Street. Mr. Yenney seconded. Motion carried unanimously. Resolution No. 3386, a Resolution approving a Preliminary Plat for Desert Estates III Phase 9. Mr. White explained the details of the proposed plat. MOTION: Ms. Francik moved to approve Resolution No. 3386, approving the Preliminary Plat for Desert Estates III, Phase 9. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3387, a Resolution fixing the time and date for a public hearing to consider the vacation of excess East Lewis Place right-of-way. MOTION: Ms. Francik moved to approve Resolution No. 3387, setting 7:00 p.m., Monday, May 7, 2012, as the time and date to conduct a public hearing to consider vacating portions of East Lewis Place. Mr. Garrison seconded. Motion carried unanimously. NEW BUSINESS: Transmission Waterline—Court Street to Broadmoor Boulevard: Mr. Qayoumi and Mr. Crutchfield explained the details of the proposed agreement. MOTION: Ms. Francik moved to approve the Amended Professional Services Agreement with Murray, Smith and Associates, Inc., for the Columbia Water Supply — Raw Water Intake, Irrigation Pipeline and Transmission Waterline, not to exceed $631,114.00 and, further, authorize the Mayor to sign the agreement. Mr. Garrison seconded. Motion carried unanimously. Award Process Water Reuse Facility Fine Screen Equipment Procurement, Project No. C7-SR-2R-12-01: Mr. Qayoumi explained the details of the proposed project. :MOTION: Ms. Francik moved to award the low bid for the Process Water Reuse Facility Fine Screen Equipment Procurement to WesTech Engineering, Inc., in the amount of $318,239.00, plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Mr, Garrison seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Mayor Watkins recognized a Boy Scout from Troup #130 in the audience. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 2, 2012 ADJOURNMENT: There being no further business, the meeting was adjourned at 7:31 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 16`h day of April, 2012. 4 CITY OF PASCO Council Meeting of: April 16, 2012 Accounts Payable Approved The City Council City of Pasco,Franklin County,Washington We, the undersig hereby certify under penalty of perjury that the materials have been fumished,the services r4ed labor performed as described herein and that the claim is a just, due and unpaid obiig the city and t hat we are authorized to authenticate and certify to said claim. Gary Cr tchfield, City Ma ag Dunyele Mason, inance Services Manager We, the undersigned City Councllmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify on this 16th day of April,2012 that the merchandise or services hereinafter specified have been received: Check Numbers and 187188-187437 In The Amount Of: $965,649.16 Electronic Funds Transfers: 1193, 1196,1197 In The Amount Of: $ 296,095.48 Electronic Funds Transfers: 9652,9667,9677 (Journal Entries) 9683,9696,9718 Combined total of $1.261,744.64 9747,9755 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND: Legislative 575.59 Judicial 12,357.11 Executive 2,736.02 Police 37,489.75 Fire 17,477.59 Administration&Community Services 121,521.69 Community Development 1,585.18 Engineering 1,906.22 Non-Departmental 6,526.19 Library 1,257.40 TOTAL GENERAL FUND: 203,434.74 STREET 27,107.39 ARTERIAL STREET 874.55 STREET OVERLAY 0.00 C.D. BLOCK GRANT 9,157.16 HOME CONSORTIUM GRANT 5,014.71 NSP GRANT 2,470.04 KING COMMUNITY CENTER 2,146,34 AMBULANCE SERVICE 5,448.89 CEMETERY 3,497.29 ATHLETIC PROGRAMS 6,950.30 GOLF COURSE 89,225.89 SENIOR CENTER OPERATING 3,803.70 MULTI MODAL FACILITY 1,696.90 RIVERSHORE TRAIL&MARINA MAIN 174.22 SPECIAL ASSESSMNT LODGING 22,286.93 LITTER CONTROL 1,350.60 REVOLVING ABATEMENT 347.02 TRAC DEVELOPMENT&OPERATING 0.00 ECONOMIC DEV&INFRASTRUCT 596.13 STADIUM/CONVENTION CENTER 2,67019 GENERAL CAP PROJ CONSTRUCTION 25,124.69 WATER/SEWER 421,244.64 EQUIPMENT RENTAL-OPERATING GOVERNMENTAL 26,420.02 EQUIPMENT RENTAL-OPERATING BUSINESS 12.80 EQUIPMENT RENTAL-REPLACEMENT GOVERNMENTAL 3,400.00 EQUIPMENT RENTAL-REPLACEMENT BUSINESS 0.00 MEDICAL/DENTAL INSURANCE 290,379.96 CENTRAL STORES 0.00 PAYROLL CLEARING 46,439.60 LID CONSTRUCTION 0,00 PUBLIC FACILITIES DIST 58,632.30 TRI CITY ANIMAL CONTROL 1,750.54 SENIOR CENTER ASSOCIATION 86.40 GRAND TOTAL ALL FUNDS: $ 1,261,744." 3(b).1 AGENDA REPORT FOR: City Council DATE: April 11,2012 TO: Gary Crutchfiel Manager ULAR: April 16,2012 Rick Terway, t mnstrative&Conununity Ser FROM: Dunyele Mason, Financial Services Manager - SUBJECT: BAD DEBT WRITE-Of F' /C l GTI �N. 1. REFERENCE(Sl: Write-off and collection lists are on file in the Finance Department. I1. ACTION IL'6UEJESTED OF COUNCiLfSTAf.I"_.1 :COMM Nj.)Aj1j)N : MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $185,100.10 and, of that amount, authorize$138,451.95 be turned over for collection. I. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address,or are accounts in"occupant" status. Accounts submitted for collection exceed $10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT A1�,-COUNTS R-ECE.IVABLE-These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODF.UFORCEMENT — LIE.N.S — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY—These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 6. GENERAL- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 7. AMI9 JELLAb1Et]1.11,i- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ 1.50 0.00 1.50 Ambulance $ 45,746.65 17,614.95 63,361.60 Court AIR $ .00 118,122.00 118,122.00 Code Enforcement $ 900.00 2,617.00 3,517.00 Cemetery $ .00 .00 .00 General $ .00 28.00 28.00 Miscellaneous $ .00 70.00 70.00 TOTAL: $ 46,648.15 138,451.95 185,100.10 1V. ADMINis,rPLM'IVE RQUT1h : cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT TO: City Council April 12, 2012 FROM: Gary Crutchfi anager Regular Mtg.: 4/16/12 SUBJECT: Appointment Pr lic�f6r ess Boards & Commissions I. REFERENCE(S): 1. Proposed Resolution H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 4116: MOTION: I move to approve Resolution No. -3 providing a process for appointments to City Boards and Commissions. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Mayoral appointments to boards and commissions have been managed in accordance with Resolution No. 2883 and its predecessor for more than a decade. The Resolution permits reappointment of an incumbent without interview only if the incumbent has been interviewed by City Council within the past four years. This works well for boards with two-year terms (like Code Enforcement). However, some of the Boards have five or six year terms (such as Planning Commission, Housing Authority, Civil Service Commission) so any reappointment of an incumbent who has completed one full term effectively requires another interview. V. DISCUSSION: A) Given the longer terms of some of the boards, the appointment process should perhaps accommodate at least one reappointment without interview. That can be accomplished by using the following guideline: The Screening Committee may recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent has served not more than two consecutive terms since the last interview. B) The attached proposed resolution reflects the recommended change. 3(d) RESOLUTION NO. - g A RESOLUTION Providing a Process for Appointments to City Boards and Commissions, WHEREAS, the City of Pasco maintains several citizen advisory boards to assist the delivery of municipal services as well as to advise the City Council in making various policy decisions; and WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor to appoint citizens to vacancies on such boards, subject to confirmation of the City Council; and WHEREAS, the Mayor and City Council desire to establish an appointment process which is more collaborative yet efficient for both the applicants and City Council alike; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVES AS FOLLOWS: Section 1: Applications for city boards and commissions shall be solicited annually by the City Manager on behalf of the City Council. Section 2: All applications received by the City Manager shall be reviewed by a City Council committee appointed by the Mayor; such committee, to be known as the "Appointment Screening Committee," shall be ad-hoc, appointed annually, and consist of three members, including the Mayor. The Appointment Screening Committee shall select those applicants it deems best suited for the respective board/commission but not more than three applicants for each vacancy to be filled. The Appointment Screening Committee shall consider the following factors in making their selections for further consideration: a) Geographic representation; b) Gender representation; c) Ethnic representation; d) Familial and financial relationships of board members Section 3: Those applicants selected by the Appointment Screening Committee shall be interviewed by the City Council during a public meeting; provided, however, the Screening Committee may recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent has been i vi served not more than two consecutive terms since the last interview. At a City Council meeting following such interview, an interviewed candidate shall be selected by the Mayor for appointment to each vacancy. Any candidate selected by the Mayor shall be subject to confirmation vote of the City Council; a majority vote of the quorum present at such meeting shall be required to confirm the Mayor's appointments. Section 4: Any prior resolutions of the City Council in conflict with the provisions of this resolution shall be superseded by this resolution. PASSED by the City Council of the City of Pasco at its regular meeting this 16`h day of April, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT TO: City Council April 5, 2012 FROM; Gary Crutchfie t Manager Workshop Mtg.: 4/9/12 Regular Mtg.: 4/16/12 SUBJECT: Council Goals I. REFERENCE(S): 1, Proposed Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/9: Discussion pQ 4/16: MOTION: I move to approve Resolution No, �30�, establishing primary goals for the city for calendar years 2012-2013. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Over the past 20+ years, City Council has conducted biennial retreats in the spring of each even numbered year (following the municipal election in the odd number year). The purpose of the retreat is to consider the community input along With staff advice and develop a list of specific and measurable goals to be pursued by the city organization over the ensuing two years. B) The Council conducted its retreat on March 30 and 31 following Community Forums to collect community advice on February 7 and 9. The result of the retreat is reflected in the proposed resolution. V. DISCUSSION: A) Approval of the resolution will formally establish the Iist of goals as the primary work plan for the organization over the ensuing two years. ft will be reflected in budget recommendations as well as day to day administrative actions, all designed to achieve those goals before the next biennial retreat (spring 2414). 3(e) RESOLUTION NO. _33<69 A RESOLUTION establishing primary goals of the City of Pasco for the ensuing calendar years 2012-2013. WHEREAS, the City of Pasco organization desires to focus the allocation of its resources toward primary goals selected to fulfill the vision of Pasco's future, as held by its elected representatives; and WHEREAS, the City Council conducted Community Forums on February 7 and 9 to elicit the concerns of residents about the present condition of the City, as well as thoughts and suggestions for Pasco's future and, on March 6, the Pasco Chamber of Commerce conducted a forum for business owners to identify issues; and WHEREAS, the City managerial staff has shared with the City Council its concerns for the present as well as visions for the future of the Pasco community; and WHEREAS, the City Council conducted a goal setting retreat on Saturday, March 31, 2012 to discuss all the various concerns for the present as well as visions for the future; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the following goals shall be considered primary goals for the City of Pasco for the ensuing two years (calendar years 2012 and 2013): • DNR: the Department of Natural Resources controls the western half of the property adjacent to the City's busiest freeway interchange —1-182 and Road 68 — and gateway to the center of commercial activity in Pasco. As DNR's experience/focus is largely on rural property, it is ill-equipped to manage property within an urbanizing area. While limited commercial development has been established in the quadrant north of I-]82, the property lease required by DNR effectively discourages retail developers, indirectly harming the Pasco community. Continued DNR control of the property (and its use for farming) at this high traffic interchange neither benefits the state nor allows the City the advantage of urbanization (highest and best use) of the property in this area and conflicts with objectives of the state's Growth Management Act. To address this issue, the City will endeavor to initiate urban infill development of the DNR property at the Road 68 interchange. ■ Industrial Development: the Pasco community relies on one of the lower "per capita" assessed values (total taxable property value divided by total population) in the state. The City needs to foster more industrial investment to increase the non-residential tax base and, in turn, improve the ability of local public agencies to deliver needed services, The City has worked diligently with its partners (Port, PUD, County, etc,) to create "development ready" industrial sites, particularly the Heritage Industrial Center, Foster Wells area and along the SR12 corridor. The City will continue to partner with the Port, TRIDEC and others to focus on the development of "professional wage" jobs and to actively market the particular development opportunities offered by those industrial areas. • Lewis Street Overpass: the existing underpass (now 75 years old) continues to show signs of deterioration, posing an eventual threat to public safety as well as potential harm to the BNRR system which has mainline tracks over it. The City has secured most of the necessary right-of-way and has completed final design, thus making the project "shovel ready" but cannot afford to finance construction of the project. Thus, the City will work to obtain state and federal funding commitments for at least 85% of the estimated $27 million project construction cost. • Road 68 Congestion: the extent and nature of urban growth on the plateau, combined with the limitations imposed by the current configuration of the Road 68 interchange at I-182, have led to a pattern of intolerable congestion at the intersection of Road 68 and Burden Blvd. Though the City has made numerous improvements, and has plans to make additional improvements, the most promising solutions require modification to the I-182 freeway and are, therefore, subject to approval of WSDOT and FHWA. The City will obtain necessary approvals for at least one major impact project in addition to implementation of the recommendations of the Road 68 corridor study. • TRAC Conversion. to Regional Aquatic Center: the TRAC facility has served the community for nearly 20 years. While the facility itself is nearly paid for and has provided a quality venue for a number of events in the region, significant ongoing operational losses and the prospect of significant future maintenance and upgrade costs cannot be ignored. With the approaching expiration of the City's agreement with Franklin County to share the expenses of the TRAC, re-purposing of the facility as a regional aquatics facility provides a win-win opportunity to enhance the established sports and recreation complex surrounding the facility and reduce, if not avoid, continued financial subsidy of the facility. To that end, the City will foster an agreement with Franklin County and the Pasco Public Facilities District to allow the project to be considered by the Regional Public Facilities District ■ Emergency Communications: for more than 30 years, the City has relied on the Franklin County Sheriff for emergency communication services (police and fire). Operational and technological constraints along with growth of the City represent an increasingly ineffective emergency system. Regionalization of call processing and dispatch services has been evaluated and promises to be the most cost effective and reliable way to assure future emergency communication services for the public as well as emergency responders. To that end, the City Council will diligently work to fulfill the regional emergency communications recommendations. ■ Gang Prevention/Suppression: Pasco has managed its gang problem relatively well, but the problem requires constant vigilance. The growth of gang activities in the region could lead to escalation of criminal and nuisance activities in Pasco. In addition to the deployment of a new street crimes police unit, the City will encourage gang prevention programs by assisting the provision of program facilities while improving the effect of its graffiti abatement program. Primary Goals—2012-2013 Page 2 • Oregon Avenue. Oregon Avenue is a major arterial serving a primary industrial area of the City. Recent efforts with WSDOT have produced an agreement on concepts for development of the roadway to more adequately accommodate traffic and better serve adjacent property which is intended to encourage more private investment in that vicinity. To that end, the City will complete Phase 1 of the Oregon Avenue Improvement Plan. • Downtown: as have many older urban centers, the downtown business district continues to struggle in its effort to revitalize itself. The formation of the Downtown Pasco Development Authority in 2011 and the recent appointment of an executive director for the organization accomplishes an important first step toward revitalization. To further encourage downtown improvement efforts, the City will complete a downtown street plan (anticipating the construction of the Lewis Street Overpass) and assist the Downtown Pasco Development Authority with its building facade program and revitalization plans. • Police Station: the explosion of residential growth in the City over the past decade has led to a corresponding increase in City staff necessary to sustain and improve municipal services. The Police Department has outgrown available space at the civic center which is at capacity for virtually all departments. Voter approval of a sales tax for public safety purposes in 2011 provides the City with a funding source which should allow the issuance of bonds for the construction of a new police station. To that end, the City will prepare design and financing plans for construction of a police station in 2015. • Waterfront Plan: over the past decade, the City has made notable improvements along the Columbia River shoreline. Both the City and the Port of Pasco control a significant amount of shoreline property east of the Cable Bridge. Given the unique opportunity to develop the area as an economic and recreational asset, the City will work in partnership with the Port of Pasco to develop and implement a common plan for redevelopment of the waterfront area between the Cable Bridge and Osprey Point. • Code Enforcement: Pasco citizens' satisfaction levels with code enforcement and animal control services appear to have declined over the past several years. Quality programs, which effectively deal with perceived problems, should appeal to most citizens. The City will evaluate the objectives and effectiveness of its code enforcement and animal control programs. • Water Use: while, over the last few years, the City has been able to clarify the picture on its water rights and is relatively assured of adequate water rights to accommodate its growth projections, there is no longer an abundance of low cost water available to cities. In this new era" water must be utilized much more carefully and purposefully. In order to promote the wisest use of its water resources, the City will develop an action plan to ensure optimum utilization of limited water resources. Primary Goals—2012-2013 Page 3 • Neighborhood Revitalization: residential areas in the central portion of the City include many homes approaching 60-75 years of age. Designed for a different age, the neighborhoods often lack adequate off-street parking and experience higher population densities while they are frequently characterized by planting strips with large (and often problematic) shade trees. To address these issues, the City will undertake an effort to develop and implement a neighborhood revitalization plan for the area east of 101h Avenue and west of the BNRR mainline. • Historic Preservation: the City has a unique history and has acknowledged the importance of preserving artifacts of historical significance by establishing a Historic Preservation Commission. A variety of concepts have been suggested to highlight historical elements of the community. In order to best evaluate what future action plans maybe most desirable, the City will assist the Historic Preservation Commission with the development of a Historic Preservation Plan for the City. Section 2. The City Manager is hereby directed and authorized to formulate appropriate implementation strategies to achieve the goals set forth hereinabove, consistent with appropriation policies and procedures. PASSED by the City Council of the City of Pasco at a regular meeting this _ day of April,2012. Matt Watkins, Mayor ATTEST: Debra Clark Leland B. Kerr City Clerk City Attorney Primary Goals—2012-2013 Page 4 AGENDA REPORT FOR: City Council March 23, 2012 TO: Gary Crutchfiel y Manager Workshop Mtg.: 04/09/12 Rick Ter r way, istrative and unity Regular Mtg.: 04/16/12 Services Dire1.t�r FROM: Debbie Clark, City Clerk SUBJECT: Surplus Fire Department Equipment- Defibrillators 1. REFERENCE(S): 1. Memorandum from Bob Gear, Fire Chief 2. Proposed Resolution 3. Intergovernmental Transfer Agreement Emergency Medical Equipment II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 04/09: Discussion Q� 04/16:MOTION: I move to approve Resolution No. 3Z 1� to declare emergency medical equipment surplus to city needs. MOTION: I move to authorize the Mayor to sign the Intergovernmental Transfer Agreement with Franklin County Public Hospital District No. 1. III. FISCAL IMPACT: 520,000—Pasco Fire Department Equipment Rental Fund IV. HISTORY AND FACTS BRIEF: A) March 2011 the City purchased four new defibrillators with accessories to be utilized by the Pasco Fire Department. The existing outdated equipment was retired and placed in storage. B) Through communication with Franklin County Public Hospital District No. 1, a need of emergency medical equipment was discovered. RCW 39.33.010 provides that any municipality or any political subdivision of the State may transfer or otherwise dispose of any property to another municipality or political subdivision on such terms and conditions as may be mutually agreed upon by the proper authorities of the municipalities and political subdivisions concerned. The value of the emergency medical equipment is below the threshold requiring a hearing on such transfer as required by RCW 39.33.020. Staff requests the four defibrillators with accessories to be declared as surplus to City needs and authorize a transfer. Estimated value of said emergency medical equipment $20,000, C) Staff has prepared an Intergovernmental Transfer Agreement between the City of Pasco and Franklin County Public Hospital District No. 1 for an equipment purchase price of Twenty Thousand Dollars ($20,000.00). The attached resolution will serve to authorize the transfer of sale for the emergency medical equipment. 3(f) oepartr LPA.SCO I tqWPprp F h� MEMO TO: Debbie Clark, City Clerk FROM: Bob Gear, Fire Chief RE: Surplus 4 Defibrillators DATE: March 22, 2012 The Pasco Fire Department would like to surplus (4) LIFEPAK- 12 Defibrillators with accessories listed in attachment "A". The Pasco Fire Department no longer has any need for the out dated LIFEPAK 12 after the acquisition of(4) new LIFEPAK 15 Defibrillators. Franklin County Public Hospital District#1 has agreed to purchase the (4) LIFEPAK 12 defibrillators by intergovernmental transfer agreement in amount of$5000.00 each. This is the amount offered for trade in on the updated LIFEPAK 15 by the Medtronic Corporation maker of the LIFEPAK defibrillator. This new advanced capability by Franklin County Public Hospital District #1 will reduce the need for paramedic service to Franklin County Public Hospital District #1 which is provided by the Pasco Fire Department. RESOLUTION NO. &�)q 0 A RESOLUTION authorizing the disposal of Fire Department emergency medical equipment considered surplus property to City needs. WHEREAS, there are four Medtronic, Defibrillator/Monitor Series Model LifePak 12 with accessories considered surplus property to City needs; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: The following items of property listed below are declared surplus: 1. Four(4) Medtronic, Defibrillator/Monitor Series Model: LifePakl2 Serial Numbers: 33069023, 33069024, 33069025 and 33069026 2. Three (3)Physio-Control Redi-Charge battery adapters Part Number 3300090-001 3. Twelve(12) Physio-Control LifePak 12 Li-ion batteries Part Number 3207745-000 4. Three (3) Medtronic LifePak 12 Defibrillator/Monitor serious operating instructions SECTION 2: The City staff is hereby authorized to dispose of said surplus property through an Intergovernmental Transfer Agreement between the City of Pasco and Franklin County Public Hospital District No. 1 for a price of$20,000.00. PASSED by the City Council of the City of Pasco this day of April, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM. Debra L. Clark, City Clerk Lee Kerr, City Attorney INTERGOVERNMENTAL TRANSFER AGREEMENT EMERGENCY MEDICAL EQUIPMENT THIS AGREEMENT is entered into this day of March, 2012, between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City", and the Franklin County Public Hospital District No. 1, hereinafter referred to as "District." WHEREAS, the City owns emergency medical equipment, more particularly described in Exhibit A attached hereto, which equipment has become surplus to the needs of the City, and WHEREAS, the District has an immediate need for such emergency medical equipment; and WHEREAS, RCW 39.33.010 et seq. provides that any municipality or any political subdivision of the State may transfer or otherwise dispose of any property to another municipality or political subdivision on such terms and conditions as may be mutually agreed upon by the proper authorities of the municipalities and political subdivisions concerned; and WHEREAS, the value of the emergency medical equipment is below the threshold requiring a hearing on such transfer as required by RCW 39.33.020. NOW, THEREFORE,. IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, it is agreed by and between the parties as follows: 1. The City does hereby transfer ownership to the District of all emergency medical equipment listed in Exhibit A, attached hereto, hereinafter referred to as "equipment" effective on the day of _ ,2012. By such transfer, this Agreement constitutes the Bill of Sale for such equipment. 2. The District accepts the above-described equipment in its "as is" and "where is" condition without any warranties including, but not limited to, fitness for the purpose of which the District intends to use the equipment. All risk of loss and obligations shall pass as of the date of transfer, and shall be the sole responsibility of the District. 3. The District shall defend, indemnify and save harmless the City, its agents and employees, from and against any claims, damages, loss or expense arising out of the ownership, use, condition or maintenance of the equipment from and after the day of transfer. 4. The City agrees to sell and the District agrees to buy the equipment for the purchase price of Twenty Thousand Dollars ($20,000.00). The District agrees to make monthly payments beginning March , 2012. and continuing each month thereafter for a total of ten (10) months. Each payment shall be Two Thousand Dollars ($2,000.00). No interest shall apply to the purchase price or monthly payments. The first payment shall be due upon execution of this Agreement and transfer of the equipment, and subsequent payments thereafter shall be due on the 1 st day of each month. Payments not made within thirty (30) days of the due date shall be considered late and in default of this Agreement, and shall accrue interest at 12%per annum. Intergovernmental Transfer Agreement - 1 S. This Agreement constitutes the whole agreement between the City and the District. There are no terms, obligations, covenants, or conditions other than those contained herein. No modification or amendment of this Agreement shall be valid and effective unless evidenced by an agreement in writing signed by both parties. 6. The terms, covenants and agreements contained herein shall extend to and are binding upon the successors and assigns of the parties hereto. 7. In the event of a dispute resulting from or relating to this Agreement or the transactions contemplated by this Agreement, the parties,shall first meet in a good faith effort to resolve the dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by binding arbitration pursuant to the RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and costs. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year hereinabove first written. CITY OF PASCO FRANKLIN COUNTY PUBLIC HOSPITAL DISTRICT NO. 1 7. Earl uker, Chief Executive Approved as to Form: Leland B. Kerr, City Attorney Intergovernmental Transfer Agreement -2 EXHIBIT A INTERGOVERNMENTAL TRANSFER AGREEMENT EMERGENCY MEDICAL EQUIPMENT Equipment 1. Four(4) Medtronic, Defibrillator/Monitor Series Model: LifePak12 Serial Numbers: 33069023 33069024 33069025 33069026 2. Three (3) Physio-Control Redi-Charge battery adapters Part Number 3300090-001 3. Twelve (12) Physio-Control LifePak 12 Li-ion batteries Part Number 3207745-000 4. Three (3) Medtronic LifePak 12 Defibrillator/Monitor serious operating instructions AGENDA REPORT FOR: City Coun iI April 4, 2012 TO: Gary Crutchf , --ity Manager Workshop Mtg.: 4/9/2012 Regular Mtg.: 4/16/2012 FROM Robert W. Ge r, Fire Chief SUBJECT: Aerial Ladder Truck Replacement I. REFERENCE(S): 1. Memo to City Manager 4/4/2012 2. Resolution 3. Interlocal Procurement Agreement 11. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 4/9: Discussion �p 4/I6: MOTION: I move to approve Resolution No. ��! / , authorizing the City Manager to execute an Interlocal Procurement Agreement with the City of Walla Walla Washington and purchase an Aerial Ladder Truck, III. FISCAL IMPACT: Equipment Replacement Fund IV. HISTORY AND FACTS BRIEF: See Reference 1 V. DISCUSSION: Early replacement of the ladder truck will realize a savings in excess of $100,000. The ability to "piggyback" on the city of Walla Walla's purchase makes that savings possible. The city attorney has reviewed the arrangement and believes it meets purchasing requirements of state law. Thus, staff recommends Council approval of the procurement agreement with Walla Walla as well as authorizing staff to effect the purchase. 3(g) a Depart," h MEMORANDUM TO: Gary Crutchfield, City Manager FROM: ear, Fire Chief Re: Ladder truck replacement DATE: April 4, 2012 In preparation for the scheduled replacement of the department ladder truck in 2013, our apparatus shift has been meeting with various apparatus vendors. These meeting started in early 2012. It can take 9 months to I year to develop specifications, conduct bidding, award, order, and receive delivery. During these vendor meetings the apparatus shift has learned several important facts: • In 2013 there will be a major change in emission's standards. This anticipated change will add an estimated$30,000 to $50,000 in costs over the current 2011-2012 standards. • As evident by the price of scrap metal, steel prices will add approximately a 5%-10% cost increase over current prices. • 2011-2012 economic conditions have created a surplus in speculative or demonstrator units that they are anxious to move. Since our meetings with the vendors, Pierce, Rosenbauer and Emergency One; we have obtained quotes on demonstrator units that will provide us with a comparison of what we could anticipate for 2013 purchase costs. As of this date, three of the manufactures have provided us with quotes. Pierce which currently has a demo unit on the west coast that was manufactured in 2009-2010 is now available. There would be no desired modifications since the truck is already assembled. Their quote is $770,314.00 less sales tax. The original price on this truck was $908,922.00. Rosenbauer has two demonstrator ladder trucks currently in production. One truck is being constructed on a Spartan chassis. Their quote is approximately$771,163.00 less sales tax. We have not determined if any modifications would be needed on this unit. They are also building a truck on a new chassis that will carry the Rosenbauer name. Rosenbauer has been more aggressive in their pricing of this model in efforts to place units in the field. The amount quoted on this truck would be $689,235.00 less sales tax. Emergency One has a 2010 model demo unit available on the West Coast. This vehicle is already built and we would not have the ability to make any modifications without significant impact to the price. Emergency One is approximately $720,000.00 less sales tax. If we were to order the Rosenbauer truck within the next few weeks we would have the ability to make some minor modifications to fit our need which is included in the quoted price. The City of Walla Walla is about to receive delivery of a Rosenbauer ladder truck. Research conducted by the city attorney indicates that the Pasco Fire Department can "add on"with the City of Walla Walla apparatus order which would decrease costs associated with bidding a custom ladder truck. Based on these assessments, there is a potential to increase operational capabilities while realizing a $100,000 hard dollar savings (based upon anticipated cost increases) by purchasing now. Our ability to leverage purchasing power with the City of Walla Walla is an opportunity that should not be delayed. The anticipated changes in emission standards in 2013 will add an additional $30-50,000 cost to the replacement. When this is factored into the equation, the total savings to the City approaches $150,000 of both hard and soft dollars. There is $650,000 currently available in the 2012 Equipment Replacement fund for the purchase of an aerial truck. The upgrade and purchasing of the MDT's will save 523,000 in the fire department operating fund that can be reallocated to the aerial truck purchase. Thus a 2012 supplemental budget transfer from the General Fund for $77,000 would be required to finish funding the $750,000 aerial truck purchase in 2012. The purchase move from 2013 to 2012 would negate the scheduled 2013 transfer from the General Fund to the Equipment Replacement fund of$197,000. By purchasing six months ahead of the proposed 2013 schedule, the net savings to the General Fund from this proposal is $120,000. The apparatus is currently being manufactured,please consider this request as quickly as possible. RESOLUTION NO. 3 M I A RESOLUTION of the City of Pasco, Washington, authorizing the City Manager to execute an Interlocal Procurement Agreement with the City of Walla Walla, Washington and purchase an Aerial Ladder Truck. WHEREAS, the City of Pasco, Washington, and the City of Walla Walla, Washington, each possess the power to procure goods and services; and WHEREAS, the City of Pasco and the City of Walla Walla desire to enter into an Interlocal Procurement Agreement to make the most efficient use of their powers; and WHEREAS, the City Council of the City of Pasco has after due consideration, determined that it is in the best interest of the City of Pasco to enter into an Interlocal Procurement Agreement with the City of Walla Walla; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Pasco approves the terms and conditions of the Interlocal Procurement Agreement between the City of Pasco and the City of Walla Walla, Washington, as attached hereto and incorporated herein as Exhibit A. Section 2, The City Manager of the City Pasco, Washington, is hereby authorized, empowered, and directed to execute said Agreement on behalf of the City of Pasco. Section 3. The City Manager is hereby authorized to effect the purchase of a 2012 Rosenbauer 109' Viper Aerial Apparatus from Rosenbauer America LLC. PASSED by the City Council of the City of Pasco, Washington, as its regular meeting dated this day of Apri l, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Resolution- 1 WHEN RECORDED RETURN TO: CITY OF PASCO,WASHINGTON Fire Department 525 North 3rd Pasco WA 99301 INTERLOCAL PROCUREMENT AGREEMENT BETWEEN THE CITY OF PASCO AND CITY OF WALLA WALLA FOR JOINT PURCHASING THIS AGREEMENT is made and entered into this day of , 2012, between the City of Walla Walla, Washington, hereinafter referred to as "Walla Walla", and the City of Pasco, hereinafter referred to as "Pasco", pursuant to RCW 39.34.030(5), and based upon the mutual consideration provided herein, hereby agree to cooperative governmental purchasing upon the following terms and conditions. 1. This Agreement pertains to bids and contracts for supplies, materials, equipment or services that may be required from time to time by both Pasco and Walla Walla. 2. Each of the parties from time to time goes out to public bid and contracts to purchase supplies, materials, equipment, and services. Each of the parties hereby agrees to extend to the other party the right to purchase pursuant to such bids and contracts to the extent permitted by law, and to the extent agreed upon between each party and the bidder, contractor, vendor, supplier, or service provider. 3. Each of the parties shall comply with all applicable laws and regulation governing its own purchases. 4. Each of the parties shall contract directly with the bidder, contractor, vendor, supplier, or service provider, and pay directly in accordance with its own payment procedures for its own purchases. Each party shall indemnify and hold the other party harmless as to any claims arising out of its participation in this Agreement. 5. Any purchase made pursuant to this Agreement is not a purchase from either of the parties. This Agreement shall create no obligation to either of the parties to purchase any particular good or service, nor create to either of the parties any assurance, Interlocal Procurement Agreement Between City of Pasco/City of Walla Walla- 1 warranty, or other obligation from the other party with respect to purchasing or supplying any good or service. 6. No separate legal or administrative entity is intended to be created pursuant to this Agreement. No special fund or budgets are anticipated, nor shall be created as a result of this Agreement. Each party will use its own personnel, supplies, and equipment for their respective performances under the terms of this Agreement, which shall remain the sole property and responsibility of each respective party. A copy of this Agreement shall be filed with the Franklin or Walla Walla County Auditor, or posted upon the website of either City in compliance with RCW 39.34.040, 7. The Purchasing Agent of the City of Walla Walla and the City Manager of the City of Pasco shall be co-administrators and representatives of the entities for the purpose of carrying out the terms of this Agreement. 8. While it is intended this Agreement be ongoing, until terminated as provided below, this Agreement shall commence with Walla Walla permitting Pasco to "piggyback" or otherwise supplement its order for the purchase of an additional 2012 Rosenbauer 109' Viper Aerial apparatus, manufactured by and purchased from Rosenbauer America, LLC. 9. In the event of a dispute regarding the enforcement, interpretation, or breach of this Agreement, the City Managers, or their designees, shall first meet in a good faith attempt to resolve such dispute. Any remaining dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon de novo appeal. 10. This Agreement shall continue in full force and effect until cancelled by either party upon thirty (30) days advance written notice to the other party. DATED this day of 2012. CITY OF WALLA WALLA CITY OF PASCO Nabiel Shawa, City Manager Gary Crutchfield, City Manager ATTEST: Kammy Hill, City Clerk Debra L. Clark, City Clerk Interlocal Procurement Agreement Between City of Pasco/City of Walla Walla-2 APPROVED AS TO FORM: Tim Donaldson, City Attorney Leland B. Kerr, City Attorney STATE OF WASHINGTON ) . ss. County of WALLA WALLA ) On this day personally appeared before me NABIEL SHAWA, City Manager of the City of Walla Walla, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2012. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: STATE OF WASHINGTON ) . ss. County of Franklin ) On this day personally appeared before me GARY CRUTCHFIELD, City Manager for the City of Pasco, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2012. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Interlocal Procurement Agreement Between City of Pasco/City of Walla Walla-3 AGENDA REPORT NO. 7 FOR: City Council April 12, 2012 TO: Gary Crutchfie Manager Ahmad Qayou c Works Director FROM: Michael A. Pawlak, City Engineer Regular Mtg.: 04/16/12 SUBJECT: Accept Rebid of Desert Sunset Well House, Project #C4-10-03-IRR I. REFERENCE(S): 1. Resolution IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 04/16: MOTION: I move to approve Resolution No.?)M accepting the work performed by Winthrop Construction, Inc., under contract for the Rebid of Desert Sunset Well House. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: A) On February 7, 2011, Council awarded the Rebid of Desert Sunset Well House to Winthrop Construction, Inc. for $80,250.30, including applicable sales tax. B) This project involved the new construction of a covered block building and installation of various appurtenances for noise control around the existing irrigation well in Casa Del Sol Park, 4802 Laredo Drive. C) A preeonstruction meeting on the project was held on March 4, 2011 and actual construction of the building started May 1, 2011. V. DISCUSSION: A) The final project construction contract totalled $100,426.89, including applicable sales tax. The overage, approximately 25%, was due to additions and upgrades with fencing, power supply and other necessary materials. B) The work is now complete and staff recommends acceptance of this work. 3(h) RESOLUTION NO. � A RESOLUTION ACCEPTING WORK PERFORMED BY WINTHROP CONSTRUCTION, INC., UNDER CONTRACT FOR THE REBID OF DESERT SUNSET WELL HOUSE, PROJECT 4C4-10-03-IRR. WHEREAS, the work performed by Winthrop Construction, Inc., under contract for the Rebid of Desert Sunset Well House, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by Winthrop Construction, Inc., under contract for the Rebid of Desert Sunset Well House, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 16th day of April, 2012. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Ken City Clerk City Attorney GENERAL FUND OPERATING STATEMENT THROUGH MARCH 2012 YTD 2012 % OF YTD TOTAL % OF 2012 ORIGINAL ANNUAL 2011 2011 TOTAL ACTUAL BUDGET BUDGET ACTUAL BUDGET ACTUAL REVENUE SOURCES: TAXES: PROPERTY 121,855 6,200,000 2.0% 191,350 6,000,000 3.2% SALES 2,010,610 8,265,000 24.3% 1,994,398 8,225,000 24.2°10 UTILITY 2,262,563 7,751,660 29.2% 2,096,726 7,560,000 27.7% OTHER 271,378 1,035,000 26,2% 261,621 1,015,000 25.8% LICENSES & PERMITS 684,967 1,093,700 62.6% 642,670 1,052,650 61.1% INTERGOV'T REVENUE 290,500 1,679,700 17.3% 346,880 1,632,200 21.3% CHARGES FOR SERVICES 992,389 4,531,330 21.9% 607,702 3,007,750 20.2% FINES& FORFEITS 185,904 977,200 19.0% 219,959 971,600 22.6% MISC. REVENUE 155,085 672,245 23.1% 150,570 634,200 23.7% OTHER FINANCING SOURCES 39,500 138,000 28.6% 24,667 100,000 24.7% TOTAL REVENUES 7,014,751 32,343,835 21,7% 6,536,543 30,198,400 21.6% BEGINNING FUND BALANCE 11,085,645 9,970,821 9,385,989 6,000,000 TOTAL SOURCES 18,100,396 42,314,656 42.8% 15,922,532 36,198,400 44.0% EXPENDITURES: ,'Y COUNCIL 26,975 118,807 22.7% 24,311 118,040 20.6% MUNICIPAL COURT 284,206 1,335,634 21.3% 274;763 1,275,150 21.5% CITY MANAGER 219,330 951,034 23.1% 200,596 915,410 21.9% POLICE 2,221,071 11,449,715 19.4% 2,588,106 11,284,358 22.9% FIRE 1,027,083 4,164,541 24.7% 943,194 4,193,418 22.5% ADMIN &COMMUNITY SVCS 1,337,883 5,456,743 20.7% 1,225,938 5,595,700 21.9% COMMUNITY DEVELOPMENT 285,189 1,208,878 23.6% 240,844 1,101,400 21,9% ENGINEERING 294,717 1,514,469 19.5% 298,915 1,193,280 25.0% MISC. NOM-DEPARTMENT 970,379 13,966,455 6.9% 974,279 9,372,872 10.4% LIBRARY 378,587 1,148,380 33.0% 285,703 1,148,880 24.9% TOTAL EXPENDITURES 7,045,420 42,314,656 16.7% 7,056,649 36,198,518 19.5% ENDING FUND BALANCE 11,054,976 9,970,821 8,865,883 5,000,000 TOTAL EXPEND & END FUND BAL 18,100,396 52,285,477 15,922,532 42,198,518 AVAILABLE CASH BALANCE 9,124,357 7,220,458 PERCENTAGE OF BUDGET ALLOCATED FOR 3 MONTHS 25% These statements are intended for Management use only. 6(b) AGENDA REPORT FOR: City Counc' April 5, 2012 TO: Gary Crutchfie Manager Workshop Mtg.: 419112 Rick Terway, trative& Community Regular Mtg,: 4/16112 Services Director FROM: Dunyele Mason, Financial Services Manager SUBJECT: Ambulance Rates I. REFERENCE(S): 1. Ambulance Fund Analysis 2. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 419 Discussion 4116 MOTION: I move to adopt Ordinance No adjusting the ambulance utility rates effective May 1, 2012 and January 1, 2013 and, further, to authorize publication by summary only. III. FISCAL IMPACT: General Fund subsidy of Ambulance Utility Fund will decrease proportionate to increase in ambulance rates. IV. HISTORY AND FACTS BRIEF: A) The ambulance fund receives its revenue from a variety of sources. Customers, who are transported by ambulance are billed both a transport fee and a mileage fee. If the customer has insurance, Medicare or Medicaid then the city bills these entities on the customer's behalf. When Medicare or Medicaid is billed, the city is required to accept Medicare or Medicaid's fee schedule which is significantly less than the City rates. Amounts collected from billing for transport services are not sufficient for paying the entire cost of the ambulance service and so there are two other main sources of income for the ambulance fund: 1) the Ambulance Utility Fee and 2) a subsidy from the general fund. B) The Ambulance Utility Fee is a monthly fee billed to each household and business in the city, Ambulances are available 24 hours a day and seven days a week, This fee predominately pays for the costs associated with having the ambulance service available when called. Pasco, Kennewick and Richland work together to maximize service while keeping availability costs as low as possible. Each city can have fewer ambulances because if all of Pasco's ambulances are providing service, for example, then one of the other cities will provide an ambulance for a Pasco residence (and vice versa). C) When the Ambulance Utility was established, the state required (by formula), a certain minimum amount the general fund was required to transfer to the utility fund. That amount was $420,000 per year for Pasco. In 2011 the law changed so if certain steps are taken, a general fund transfer could be reduced or eliminated altogether. D) The last time the Ambulance Utility Fee changed was March 2009 when it changed from $3.00 to $3.60. The last time the Mileage Rate increased was in December 2004 when it changed from $6.00 to $9.00 per mile. From 2007-2011 the transfer from the general fund to the ambulance fund was $420,000 per year. The 2012 general fund transfer to the ambulance fund is $890,000. The Ambulance utility ended 2011 with a cash deficit of$120,790. 8(a) V. DISCUSSION: A) The formal rate analysis for the ambulance fund was recently completed. The analysis shows additional rate increases are needed to reduce the general fund transfer to the ambulance fund. To reduce the general fund transfer from $890,000 to $420,000 in 2013 and to replenish, by December 2013, reserves to 7% of annual expenditures (15% is the target level), then rate increases are required. B) In order to soften the impact, the rate increase is recommended to be split over two years. The Ambulance Utility Rate is currently $3.60 and would increase to $5.85 May 1, 2012 and $6.25 January 1, 2013. The mileage rate is currently $9.00 per mile and would increase May 1, 2012 to $10.00 per mile, C) When the Pasco ambulance service transports a Kennewick or Richland resident, then the Pasco transport rate is billed (and not the home town rate). Thus it helps to minimize confusion with residents when Pasco's transport rates are in the same range as the other two cities' transport rates. With the proposed rate adjustments, the City's ambulance rates would compare with those proposed by staff of neighboring cities as shown below: Transport Transport General Fund C UtiliN Resident Non-Resident Mileage Subsidy Pasco $5.85 $660 $990 $10.00/mile $420,000 Kennewick $5.50 $660 $990 $10.00/mile $0 Richland $5.49 $660 $990 $10.00/mile $550,000 D) The proposed ordinance provides for the adjustments discussed above, for both 2012 and 2013. AMBULANCE UTILITY Actual Projected Projected Projected Projected Projected Projected 2011 2012 2013 2014 2015 2016 2017 #Household Units 20,297 20.297 20.547 20,797 21,047 21,297 21,547 Residential Utility Rate 3.60 5.85 6.25 6.65 6.65 7.35 7.35 Residential Transport 660.00 660.00 660.00 660.00 660.00 660.00 660.00 Mileage Rate 9.00 10.00 10.00 11.00 11.00 12.00 12.00 Growth Assumption - 0% 1% 1% 1% 1% 1% GROSS BILLED TRANSPORT SERVICE 1,793,615 1,798,273 1,798,273 1,798,273 1,798,273 1,798,273 1,798,273 GROSS BILLED NON TRANSPORT SERVICE 12,400 12,400 12,400 12,400 12,400 12,400 12,400 GROSS BILLED MILEAGE FEES 136,077 140,159 140,159 147,167 147,167 154,526 154,526 LESS: DISCOUNTS (793,654 793,654) (793,654) (793,654) (793,654) 793,654) X793,654) NET BILLED REVENUES 1,148,438 1,157,178 1,157,178 1,164,186 1,164,186 1,171,545 1,171,545 INTERGOVERNMENTAL& MISC REVENUES 14,200 2,300 2,300 2,300 2,300 2,300 2,300 GENERAL FUND SUBSIDY 420,000 890,000 420,000 420,000 150,000 150,000 150,000 MONTHLY AMBULANCE UTILITY CHARGE 876,841 1,166,199 1,541,043 1,659,620 1,679,570 1,878,417 1,900,467 NET REVENUES 2,459,479 3,215,677 3,120,522 3,246,106 2,996,056 3,202,262 3,224,312 LESS. EXPENDITURES 2,710,314) (2,994,436) (3,010,111) (3,067,028) (3,149,531) (3,235,560) (3,324,925) NET ACTIVITY (250,835) 221,241 110,411 179,078 (153,474) (33,298) (100,613) ENDING FUND BALANCE 82,491 303,732 414,143 593,221 439,746 406,448 305,836 !ENDING CASH BALANCE (120,791) 100,450 210,861 389,939 . + 203.166 102,553 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO AMENDING CHAPTER 3.07 "FEE SUMMARY", SECTION 3.07.010 "AMBULANCE" OF THE PASCO MUNICIPAL CODE. WHEREAS, the City Council of the City of Pasco has determined that certain amendments regarding fees for services are warranted; NOW, THEREFORE, the City Council of the City of Pasco, Washington, does ordain as follows: Section 1. Effective May 1, 2012, PMC Section 3.07.010, subsections A) and B) be amended to read as follows: 3.07.010 AMBULANCE: A) Ambulance Service Rates: FeelCharze 5!1!12 Reference 1) Resident Rate $660.00 3.05.040 2) Non-Resident Rate $990.00 3.05.040 3) :Mileage Rate, per mile $4,49 $10.00 3.05,040 4) Non-Transport Medical Services Rate $200.00 3.05,040 B) Monthly Ambulance Service Fees: 1) Family Residential Ambulance Utility $3-69 $5.85 3.05.025 2) Multi-Family Residential Ambulance Utility &2449 $5.85 3.05.025 3) Commercial/Business Ambulance Utility $1 $5.85 3.05.025 4) Industrial Ambulance Utility &3.60 $5.85 3.05.025 Effective January 1, 2013, the monthly Ambulance Service Fees in Section 3.07.010 B, above, shall be increased to $6.25. Section 2. This ordinance shall be in full force and effect on May 1, 2012. PASSED by the City Council of the City of Pasco at its regular meeting this 16th day of April, 2012. Matt Watkins Mayor ATTEST: APPROVED AS TO FORINI: Debra Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council April 10, 2012 TO: Gary Crutch el Manager Regular Mtg.: 4/16/12 FROM: Stan Strebel, D,puty City Manage SUBJECT: Estate Fence issue I. REFERENCE(S): 1. Proposed Ordinance 2. Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. , amending Section 26.32.090 of the Pasco Municipal Code, establishing a standard for Estate Fences and, further, authorize publication by summary only. MOTION: 1 move to adopt Resolution No. , providing for the replacement of nonconforming Subdivision Estate Fences. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Council held a public meeting on March 12 to consider residents' comments regarding problem fences along Road 100, Chapel Hill Blvd and Road 84 (south of 1-182) and the concept for the replacement of the defective material as presented to residents via letter. B) Based on comments of residents and Council discussion that followed, staff proposes the following revised concept and time table for implementation: 1. Adopt amendments to the Municipal Code which outline a standard for cedar fence materials and estate fences and replacement and a transition process for non-conforming materials. 2. Adopt a resolution which identifies areas with the "non-conforming" type fence materials and a schedule for amortization/replacement of such materials, The resolution also identifies an option for the property owner to apply to the City for it to install replacement materials conditional on the property owner's agreement to pay for material costs with further option to pay over 12 months through the utility billing system. V. DISCUSSION: A) Staff has obtained a commitment from Lowe's for quantity pricing of materials (initial, minimum order) and for continuous stocking of the fence and stain materials so that, as needed and over time, owners will be able to make individual repairs, S(b) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending Section 26.32.090 "Subdivision Fence Buffering" Establishing a Standard for "Estate Fences." WHEREAS, the City has created a standard subdivision fence requirement along arterial streets to provide an attractive barrier of consistent form and color to identify neighborhoods in an aesthetically pleasing manner, resistant to damage and graffiti (referred to as "estate fence"); and WHEREAS, this "estate fence" in addition to providing an aesthetically pleasing corridor, enhances the value and desirability of the neighborhoods it borders with the intent of minimized care for repair and graffiti removal; and WHEREAS, the standard material previously adopted as the standard for such estate fences, has proven over time to be defective, susceptible to damage, difficult to clean or remove graffiti, and is no longer available on the market for the replacement of damaged, destroyed, or painted slats, and is no longer acceptable as the standard for such estate fences; and WHEREAS, the City has organized an Estate Fence Committee to make recommendations for alternatives to the failed fencing material, and having conducted public meetings with affected property owners and other members of the public, has prepared its recommendations to the City Council; and WHEREAS, the City Council conducted a public hearing on the matter on March 12, 2012, and having determined to refine the specifications for estate fencing materials, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 26.32.090 entitled "Subdivision Fence Buffering" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follow: 26.32.090 SUBDIVISION FENCE BUFFERING. Subdivisions with lots backing on arterial streets shall include, as a part of the subdivision improvements, a common estate fence of uniform color, materials, height and thickness along the property line common with the arterial street. 4+ehair—link-f �~ ` Estate fences shall be constructed of wood with individual vertical slat components of thickness of greater than 5/8 inch and less than 7/8 inch• width of not less than 5 and 1/2 inches nor more than 6 inches-, and 6 feet tall, knotless cedar, fastened with exterior grade deck screws. pre-stained to a color approved by the City, for estate fe es. �'aniif*en E:~ ..hal b +°� _ nc_ _ ted-off Also permitted may be decorative concrete, masonry block or brick er-eedaF, walls of 6 feet in he_ ight, the design of which shall be approved during the preliminary° platting process. C_ha njA fences, with or without decorative slats or "Surewood" fences are prohibited. Section Z. The City Council, by Resolution, shall provide a procedure for the transition from nonconforming "Surewood" fences to fences consistent with the standards provided in Section 1 above. Section 3. 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 , 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney Ordinance No. "Estate Fences" Page 2 RESOLUTION NO, A RESOLUTION of the City of Pasco, Washington, providing for the replacement of nonconforming subdivision estate fences. WHEREAS, the City has previously approved "Surewood" estate fences as subdivision estate fences for subdivisions backing on arterial streets with the expectation of providing a durable, attractive, and graffiti resistance corridor; and WHEREAS, since the installation of such fences, the materials have experienced rapid deterioration, resulting in the slats being easily broken or removed with very light impact; and WHEREAS, the materials have proven not be graffiti resistant but, rather, susceptible to stains and discoloration; and WHEREAS, the "Surewood" product is no longer in production, and no longer available for replacement, resulting in a mismatch of colors, texture, and size defeating the goal of an attractive, consistent neighborhood and impairing the values of the homes and properties within that neighborhood; and WHEREAS, several subdivisions within the City have utilized the "Surewood" product as an estate fence resulting in various degrees of damage and deterioration requiring it replacement; and WHEREAS, by plat conditions, the owner of the adjacent properties bear the responsibility for the repair, maintenance and replacement of those fences; and WHEREAS, it is recognized by the City Council that in addition to the private benefit, the fences also represent the public interest in maintaining the aesthetic attractiveness of the City's subdivisions and the value of its homes, replacement of the defective fences needs to be conducted in a reasonable and orderly fashion; and WHEREAS, the City has determined that replacement of these fences should be done on a neighborhood basis over time commensurate with the deterioration and damage evidencing that the fences have exceeded their useful life as a result of their defective condition;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS; Section 1. The "Surewood" fencing materials as previously used as components in the subdivision estate fence has proven to be defective for its intended purpose, and is prohibited from use as an estate fence. All existing "Surewood" fences are nonconforming. Section 2. "Surewood" estate fences are present in the following neighborhoods: A. Loviisa Farms/Montgomery Estates Subdivisions including: along Road 100, Chapel Hill Blvd., and Road 84. B. Columbia Place Subdivision including: along Sandifur Blvd, and Road 84. Section 3. All "Surewood" fence materials (slats) shall be replaced with those complying with the standards established by PMC 26.32.090, as amended by Ordinance No, Section 4. The reasonable time for the replacement of the nonconforming "Surewood" fences shall occur by the following date(s) as specified: A. Loviisa Farms/Montgomery Estates Subdivisions— May 1, 2013. B. Columbia Place Subdivision— May 1, 2014. Section 5. To encourage and assist in the prompt transition to conform with the existing standard, in an orderly fashion, as funds may be available to the City, and in relation to the remaining useful life of the nonconforming materials, the City shall, upon application of a qualified home owner, provide for the labor and services for the disposal of the nonconforming fence material, and the installation of the new conforming fence material, at its sole expense during the periods below. The property owner will be responsible for material costs of the conforming materials at the actual cost of such materials at the best volume price obtainable by the City. The City will bill the property owner for the material costs with the property owner having the option to pay in twelve (12) equal monthly installments included with the property owner's utility bill. Section 6. To be eligible for the City's participation outlined above: A. Property owners within the Loviisa Farms/Montgomery Estates Subdivisions must apply on or before July 1, 2012. B. Property owners within the Columbia Place Subdivision must apply on or before July 1, 2013. After each of the dates identified above, the property owners of the respective subdivisions shall be responsible for their full costs of the fence replacement, and the full responsibility to have such replacement completed before the deadline specified in Section 4, above. Any noncomplying fencing material from and after such date may be subject to code enforcement and plat covenant compliance proceedings. PASSED by the City Council of the City of Pasco, Washington, as its regular meeting dated this day of April, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Replacement of Nonconforming Subdivision Estate Fences Page 2 AGENDA REPORT NO. 06 FOR: City Council April 13, 2012 TO: Gary Crutchfiel , it ager FROM: Ahmad Qayoum , Pu lie Works Director Regular Mtg.: 04/16/12 SUBJECT: Purchase of Land west of Highway 1-182 on Court Street 1. REFERENCE(S): 1. Location Map 2. Resolution 11. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 04/16/12: MOTION: 1 move to approve Resolution No. approving the purchase of certain real property for the proposed new Columbia Water Supply — 25 MGD Raw Water Intake. 111. FISCAL IMPACT: Water Utility Fund, Department of Ecology Grant 1V. HISTORY AND FACTS BRIEF: A) The Water Comprehensive Plan outlines the City's water needs and capital improvements which include the need for a larger raw water intake for the West Pasco Water Treatment Plant. The current intake does not have capacity to meet the future needs. B) The City Council approved the professional services for the design of the new Raw Water Intake and a new 16-inch irrigation line in December of 2011. V. DISCUSSION: A) A parcel located along the Columbia River immediately west of Highway 1-182 on Court Street is well suited for construction and installation of a new pump house and intake structure to drain,,eater from the Columbia River. Staff obtained a professional appraisal of the property and has negotiated a purchase agreement for the parcel. B) The City owns a river pump station under the I-182 bridge just east of the subject property and adjacent to Court Street that will be converted for irrigation use. C) The location will provide substantial project cost savings in comparison to other locations. D) The City will allow the seller to use the property until the City starts construction of the pump house and intake structure and will relocate the property owner's irrigation connection to the west as part of the project. Staff recommends the Council approve purchase of the property in the amount of $95,000.00. S(c) Parcel Map: AV 0 / yi ♦ f ..- .y Drainage: There are no apparent drainage problems on the subject property and none are foreseen with proper management. Utilities: All typical utilities are available to the subject property, per the City of Pasco, including City Sewer, water, and electricity. Zoning: The subject property is zoned Residential Single Family. Hazards and Detriments: As indicated in the assumptions and limiting conditions the appraiser is not qualified to detect the presence of hazardous substances. We did not observe any garbage dumps or waste piles during our general inspection of the property. Soils: The soil make up is approximately 72% Quincy loamy fine sand, and approximately 28%Finley gravelly sand loam. Soil Maps: 17 CLA RK JENNINGS AND ASSOCIATES,JNC. RESOLUTION NO. A RESOLUTION approving the purchase of certain real property by the Water Utility Fund. WHEREAS, the City of Pasco currently draws water through its 1-182 Columbia River intake for use in both its raw water supply to the West Pasco Water Treatment Plant (WPWTP) and municipal irrigation systems; and WHEREAS, the existing intake is an older City irrigation system facility that does not have the ability or capacity to provide water draw required for the WPWTP to meet future needs and water demand; and WHEREAS, a parcel of land appropriately situated near the Columbia River and 1-182 highway bridge on the south side of Court Street was recently offered for sale and a professional appraisal of the site's value indicated the proposed sale price to be appropriate; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1: The City Council hereby approves the purchase of that real property legally described in Exhibit A attached hereto and made a part hereof, in the amount of 595,000, by and for the use of the water utility fund. Section 2: The City Manager is hereby authorized to execute all documents necessary and appropriate to consummate the purchase approved herein. PASSED by the City Council of the City of Pasco, this 16th day of April, 2012. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark Leland B, Kerr City Clerk City Attorney EXHIBIT A PROPERTY LEGAL DESCRIPTION All of Lots 11, 12 and 13, HARRIS SUBDIVISION, according to the plat thereof recorded in Volume "C" of plats, page 92, records of Franklin County, Washington, EXCEPT portion of said Lot I 1 acquired by State of Washington for Highway purposes. SUBJECT TO; covenants, easements, restrictions and reservations of record, matters pertaining to water and water rights. AGENDA REPORT FOR; City Councin April 2, 2012 T0; Gary Crutchf ;i i Manager Workshop Mtg.: 419/12 Regular Mtg.; 4/16/12 FROM: Stan Strebel, Diputy City Manager SUBJECT: Lease Renewal for Municipal Court 1. REFERENCE(S): 1. Proposed Lease Renewal II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 419: Discussion 4/16: MOTION: I move to approve the lease renewal for the Franklin County Public Safety Building as housing for Pasco Municipal Court and, further, authorize the City Manager to sign the document. III. FISCAL IMPACT: The County's proposed rental rate of$11.50/sPyr for court office space (2,100 sf) and for joint use space (1,505 sf) will result in annual rent expense of nearly $41,500 per year. Additional expenses (security, custodial, utilities) are estimated at $32,600 annually. Total expenses are expected to be $74,100 or 546,147 more than current. IV. HISTORY AND FACTS BRIEF: A) The City's prepaid 40-year lease of space in the County Courthouse (Public Safety Building), currently housing the Municipal Court will expire on May 1, 2012. An extension is required in order for the City to continue occupancy pending the construction of needed court space in conjunction with the County jail. The new facility is planned to be open in the fall of 2013. B) Staff has been working with the County for several months to come to terms on an extension agreement. The attached renewal lease is offered for consideration by Council and includes the following key provisions: • A renewal term extending until completion of the new facility. • A "blended" rental rate of $11.50/sf/yr for space exclusively occupied by the City and for shared or joint use space. • Addition of "Courthouse Campus Security Expense" in the pro rata building maintenance expense. C) While the County's proposal of$11.50 rent reflects a "splitting of the difference" between market rates identified by consultants for the County and City, respectively, it should be noted that true market rates assume that the lessor has constructed or otherwise purchased the space subject to rent. It should be noted that, while the City occupies space in the County building, the improvements that it occupies were initially paid for by the City at the same time as the Public Safety Building improvements were constructed. Because of this fact, the rental rates used for comparison seem overly generous to the County as lessor. D) Pro-rata operation expense for 2011 was $27,953. Security expense is expected to add a net increase of about $4,600 per year. i0(a) LEASE RENEWAL OF: (1) THE AGREEMENT FOR LEASE OF SPACE FRANKLIN COUNTY - CITY OF PASCO PUBLIC SAFETY BUILDING DATED MARCH 16, 1970, AND (2) THE AMENDMENT TO PUBLIC SAFETY BUILDING LEASE AGREEMENT BETWEEN THE CITY OF PASCO AND FRANKLIN COUNTY DATED JUNE 5, 1995. This Lease Renewal is made and entered into between Franklin County (County) as Lessor, a political subdivision of the State of Washington, with its principal offices located at 1016 North 4`"Avenue, Pasco, Washington 99301, and the City of Pasco (City) as Lessee, a municipal corporation of the State of Washington, with its principal offices located at 525 North 3`0 Avenue, Pasco, Washington 99301. WHEREAS, the County and City are parties to an Agreement For Lease Of Space, Franklin County —City of Pasco, Public Safety Building dated March 16, 1970, and subsequent Amendment to Public Safety Building Lease Agreement Between The City of Pasco and Franklin County dated June 5, 1995, wherein the County leases to the City certain square feet of the second floor and certain square feet of the first floor in the Public Safety Building; and WHEREAS, the aforesaid Agreement For Lease Of Space and Amendment to Public Safety Building Lease Agreement provide for the duration of the existing lease term until May 1, 2012; and WHEREAS, the County and City desire to continuing leasing the space as set forth in the aforesaid Agreement For Lease Of Space and Amendment to Public Safety Building Lease Agreement beyond May 1, 2012 to the completion of the new Franklin County Public Safety Building Annex (Estimated completion date, December of 2013), unless terminated prior to as set forth in this Lease Renewal or by agreement of the County and City, and WHEREAS, the aforesaid duration or term of Agreement For Lease Of Space and Amendment to Public Safety Building Lease Agreement can not be extended by Amendment as RCW 36.34.180 prohibits the county from engaging in lease terms beyond thirty-five (35) years; and WHEREAS, as a result a lease renewal is legally necessary for the County to again lease the subject property on the existing terms and conditions, now, therefore, In consideration of the mutual benefits herein set forth below, the County and City agree as follows: 1. The County and the City each to agree to a renewal, on all of the existing terms and conditions, of the aforesaid, attached hereto, and incorporated herein Agreement For Lease Of Space, Franklin County— City of Pasco, Public Safety Building dated March 16, 1970, and the subsequent Amendment to Public Safety Building Lease LEASE RENEWAL Page 1 of 4 Agreement Between The City of Pasco and Franklin County dated June 5, 1995, except as to the following terms and conditions which shall be amended, replaced, or stricken as follows: 2. Section 2 in Page 2 of the Agreement For Lease Of Space, Franklin County — City of Pasco, Public Safety Building dated March 16, 1970 shall be stricken and replaced in its entirety with the following: "(2) The term of said lease shall be from May 1, 2012 to the completion of the new Franklin County Public Safety Building Annex (Estimated completion date, December of 2013), unless terminated prior to as set forth in said lease or by agreement of the County and City." 3. The reference to " (until May 1, 2012) " shall be stricken in its entirety from Section 1(a) of the Amendment to Public Safety Building Lease Agreement Between The City of Pasco and Franklin County dated June 5, 1995. 4, Sections 4, 5, 6, 7, and 8 on Pages 2 —5 of the Agreement For Lease Of Space, Franklin County — City of Pasco, Public Safety Building dated March 16, 1970 shall be stricken in their entirety and replaced with the following: "(4) As rental for said facilities and space the City shall pay the County $11.50 per square foot which shall be due and payable to the County on the list day of each month beginning May 1, 2012 and each succeeding month thereafter during the term of said lease." 5. Except as expressly provided in this Lease Renewal, all other terms and conditions of the aforesaid Agreement For Lease Of Space, Franklin County — City of Pasco, Public Safety Building dated March 16, 1970, and the subsequent Amendment to Public Safety Building Lease Agreement Between The City of Pasco and Franklin County dated June 5, 1995, remain in full force and effect. DATED this of , ___ 2012. LEASE RENEWAL Page 2 of 4 LESSOR LESSEE BOARD OF COUNTY COMMISSIONERS CITY OF PASCO Franklin County, Washington Brad Peck, Chair Gary Crutchfield, City Manager Rick Miller, Chair Pro-Tem Robert E. Koch, Member ATTEST BY: ATTEST BY: Mary Withers City Clerk Clerk of the Board APPROVED AS TO FORM: APPROVED AS TO FORM: Ryan E. Verhulp Leland Kerr Deputy Prosecuting Attorney City Attorney STATE OF WASHINGTON ) ss: (LESSOR'S ACKNOWLEDGMENT) THE COUNTY OF FRANKLIN ) On this day of 2012, before me, personally appeared to me known to be the of Franklin County, who executed the foregoing Lease Renewal, and acknowledged said instrument to be the free and voluntary act and deed of Franklin County for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said Lease Renewal for and on behalf of Franklin County. LEASE RENEWAL Page 3 of 4 WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Signature Print or type name of notary Notary Public in and for the State Washington, residing at My commission expires STATE OF WASHINGTON } } ss; (LESSEE'S ACKNOWLEDGMENT) COUNTY OF FRANKLIN } On this day of 2012, before me, personally appeared to me known to be the person(s) who executed the foregoing Lease Renewal for the Lessee and acknowledged said instrument to be the free and voluntary act and deed of the Lessee for the uses and purposes therein set forth, and that he/she/they are authorized to execute said tease Renewal on behalf of the City of Pasco. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Signature Print or type name of notary Notary Public in and for the State Washington, residing at My commission expires LEASE RENEWAL Page 4 of 4 S O f _ N Pi Ln "Y Z F A C ft S' rt "` F,;+,�• ham'+-� � ri Su (� ;; b � Q :t. `� F-' '•` � C� �7 rn, ; f iii,.� F� 17 ` (� (� yti. :1 ./) (`J tI] `� 1•-'j '1 ��} F� f t'' ax`"°•c._C!; ;z„x• �n �'• ' t' "L >v (D p� y ,n t ►J' 4 C) 0 (D . O r• I 0� < d Q [ ## ` St •,'.. �Y .45, :C (D SZ ' .�' f^'• Ft G1 �ti Pi 'T! t7J r•7. r (� J1 rh �h G ti fJ t q ft Ct� F� C (•J 'U fr r] 0 K h G 7 0 Vii Cr >1 ("v fu to (D hi r A 71 t� n "S � iT1 �; + `<� }+ fs• ;S f•!. � t';.. .C ;5 � (D r'h Ft• O u, iu fr �; '�i CJ UJ h r th tai tz 0 rn �� �o rt y {� ft' ` ft M• rrt t4 C r7 G F E •.�_' �~. ' rroi tit `� :� (t �' Q Fit t] rJ �� —♦ m b Q ft H M t=1 r rt hi 1W td H (Ur . '� '\ K ° su K b I--h � rat b y b' ro G ' O H hi W t CTI > to m 7 tL ft H \ E _ L]s M n Q 13 tZ cr 'ti (D 0 w }t. (D (D G W f} },. rt � A �J F I M n �j ro r7 Y V rt o fY r r o n n O b N tl I-3i �r r r rh ft rS A� S✓ >� t7 �� (t H Hi rr] C) n rt ft 0 ft 0 n � t `< (D �t r �� �'' h t. v K t, f1 0 rt Pi d "t3 Ai ry P. rt i 1 fD f rt' 0 p G' rt ,��' 0 ►i a (D d rt IM i L• i is r-- (D f , Ir `� M C� rt Q G rat 0 rt' 0 C i to r�,^� rt rt- :� rt, � l� O rt rt th I :r a I r'u .r H is 0 rD P. a fD y '� �+ 0 5' C) 1 d m o � r1 (D M Lei tv r c U o a ru G F a n 1 n p �d c 0 L.J. IN cr O rR * tl rat f D �1 0 N 0) rdr M• E ' 'Y y' ' + X77 i ' ti SJ C i s~o p d C fJl rr t h d C� 1-'. P. N lJ m GL p 0 rt ki th ry F s✓" r, '-i h rn C7 to 0 M M rn J H � rt n C7 rt ' '�'� � pj �� N• m ,'C ~ � K � �J `.r1 '�' CA �iS pt � � �,, � � K �' � � �Q• s.� K 0, N C LLrt, R' p ',p' �r F+• r C14 ru m w - i'v r, zn rr ca a rt z bs t<, CIj rt Ell] rt ;x n �, rt CD s� U? 'C 0 (J d rt 0 'J rD �� Nt' fi' _M H, PI I F'• t h ri• `,! f Lq rf rr O !! � p 7 'L1 i3 'J1 rCf 171 i ft I i; I CL) !C I p �' +r rt t D y s Qj Q ti t �" �+ K tll Fj En {-) rs ca n r O r0 m F- ,, - �, cD rn tj n N• to 0 fv +v n j?a w ry a c� .� � N t-n ro I t r? � N. o ;s }. rt v, 0' d 'l rt rt t7 n rt Q c� rn W N. rte• rD a ;� ro N• Ci d }'' �' rt N N rt o U rt F 4 Di rt- It tl N rr o a a o occupa.m; _and use, in a facility to be known as "Franklin County City of Pasco, Public Safety Building" and to be constructed pun property owned by the County, situate in Franklin County, - Washington, and more particularly described as follows : Block 6 , Sylvester Park Addition to City of Pasco, as recorded in Volume "B" of Plats , Wage 52, records of said county. (2) The term of said lease shall be for forty years , commencing with the date said facility shall be completed, and accepted by the County , as owner, and available for occupancy by the City. (3) The space to be leased by the City for its sole use and occupancy, and that to be leased by the City for its joint use and occupancy with the County, shall be that area of the proposed facility as more particularly described and designated in Preliminary Design Revision ho . 8 , dated August 21, 1969 , as prepared by Pence and Stanley, Architects and Engineers . (4} To finance said facility the County will issue $720 , 000 . 00 in bands as heretofore approved by the voters of Franklin County, Washington, together with such additional sun in bonds as may be necessary to complete the project and which may be issuod under the discretionary powers of t;.e Board of County Commissioners without a vote of the electorate, provided , however, said additional sum shall not exceed the sum of $280 , 000 . 00 , both issues , together with interest thereon, to be repaid over a period of twenty years . (5) As rental for said facilities and space , the City will pay to the County a sum to be compute; as follows : (a) A principal sum which shall be computed by a formula expressed as : "Thy: tax ratio, times the proportionate sharp: of occupancy of the City , tines the cost: of the project; " plus , (b) A sum equal to that percentage of the total. interest on said bond issues that the total principal -2- sum payable by the City to the Co=ty (as computed in ;a) above) bears to the cost of the project. , (b) For the purposes of Paragraph (5) hereinabove , the -,harein used shall have the following definition: Via,, "Tax ratio" shall be the ratio in percentage that the assessed value of property, real and per- sonal , in Franklin County but excluding the City of paSCo, bears to the assessed value of property, real and personal, in Franklin Coun`y including the City of Pasco, based upon the last assessment roll prepared by the Franklin County Assessor prior to Chv date of sale of the bond issues referred to in Paragraph (4) hereinabove, or if said bond issues are sold on different dates , prior to the date of sale of the first of said issues sold. (b) "Proportionate share of occupancy" shall be the City' s proportionate share of occupancy of the entire building, including inside parking, expressed in percentage computed as follows : Tho proportion in percentage that the total of the net square feet of floor space area 'exclus-- ively used and occupied by the City and one-half of the net square feet of the floor space area jointly used and occupied by the County and City bears to the total of the net square feet of floor space area in the entire building . Such proportionate share of occupancy shall be detew- nined by reference to Preliminary Design Revision No. 8, dated August 21, 1969 , as prepared by Pence and wtanley, Architects and Engineers, or as hereafter .mutually agreed by the parties , but in any event the area of net floor space area exclusively used and occupied by the City shall be not less than 1, 330 sc.,uare feet, and the area of net floor space area !ci.ntly used by the City and County shall be not ie,s than 13 , 510 square feet. ( �) The "cost of the project" shall be the total the two bond issues as sold by the Ccun ty for the `urr.3ose of the construction of the facility and ,55 referred to in Paragraph ( 4) hereinabove , ad-- :usted as hereinafter provided in Paragraph B . "Total interest upon said bond issues" shall. the total oL the interest to be paid by the 4-. y upon then bo�ndl issues sold tom finance -the /� 4 •r,nstrtir ticn or such faCilitj, and as refe rea to in (4) hereinabove, computed upon the interest: O cl as determined by the sale or sales thereof r the full terms of twenty years and antici- t`= paymont as scheduled, provided, however, that said bond issues , or either of them, contain. -3- o" option to redeem said bonds before the full wnt urity thereof, the City may reduce the rental r,o ein reserved by pre-payment to the County of such portion of the principal sum referred to in Q (aj above as shall allow the County , by use of oach stun, to exercise the option of redemption Oa cording to the terms of said bonds , such reduc- tion of rental to be in an amount equal to the ;gverest saving thereby experienced by the County. The rental as hereinabove covenanted to be paid ,4Icy -to the County shall be paid in installments , the due date of the first annual installment and interest upon the bonds referred to in (4) above , and continuing upon the due date of each ,' succeeding installment upon said bonds until the wocipal plus interest, upon, saiJ_bpds has ; been paid T_- :,; understood that if `there shall be more than one annual -tent due upon #aid bonds , by reason of sale of said c.^ differing dates, or otherwise , aach installment due ,_ion said bonds shall be an installment due date on said Each instalIment, of said rental shall be computed ,d 5 he City shall -pay, .to the County uppn _each ins tall--_ _rent due date_a sum_egual__to hG ._percentage of :the_ total amount of _prnci_pa? and interest _due and _ _payable by the County upon said bonds as the total_ _of (5) (a) and (5) (b) . hereinabove bears Wa Lrecost of the _project .plus the total interest upon sa.a OOilr..,a. J.55LIf'_.S. _--;- • (8) The County shall establish ! -fund known as the Safety Building Fund" into which shall be placed the Q) All funds obtained from the sale of the bond issues as aforementioned; (b) All interest derived from the investment of the lands obtained from the sale of said bond issues ; (a) All funds obtained from Federal and/or State O ants towards the planning or construction of the project. (0) All other funds , from whatever source , appliad or to be applied to the planning or construction of the project . -4- f` Y• C] i•+• Q 7: C S'h M to G (D r :r O �, 4i �. s rt 'C N (D h rt .r to *� rt. ^ � S Cr Or Q (D 7 Ln� c' r O 0 0 tD �. ;X rt rt � w• ,-fir m Ilr N rn W Sz rt ri a J K iD L4 `` ft rA W 0 ( Y rt G N• A' :7 :r W (p 0, O C , 'i7 rt (� (9 A f f� ?•—' � • � hi 7S' � � F•-t �''• ft � M (D ?'i � .3 I-r• (� � Q f�J rt rt o hi O N rh W ti i—+ C7 CD �' }�• A, Y rt �• N P tr rt (� U n C rt rt (n a 0 n rt CD ro rr �. 0 0 � O fD (D 0 N 0 rt N rt !h N �, Ft♦ O L< N H 0 rt m Q 0 rt �t a tr n' c, m N o rn q, o' rt a ^ b rNr C rt C� rsr S (D n K rt �' , 0 = x rt :s t7' 'ti rt (D (b rt ct- N`• O ca „ 'C to LQ 't7 0 cD 0 O cony FFrl H O U C) rt iD O 0 zn w csti 0 Q , H Y tr R, N• con rt , o P. a W o � � ft 0 rrtn a y O O ►i rt � >l Y Cn 0 O [n ('J O rL rt rt pi b (D :3' CL rt fD t'' I rt rt (n p, z.0 Cz `{ 0 �� t r 0 b r' rh rt rr n Rr tiQ p� � n to m . 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W• S) � w rD Fr.� F-f, 0 0 0 C1 w U b (tr; d cD 0 O fn 0 �. c1 il] '.Y7 0 H, fS �' � F,. N O Fi ' a ru rt`1 rti FJ� � ►C d, *' O t{ � ti r O � rt ` 4 F; (D 'C fD Q u• C fr rF {D N I� (D ft {ij N• a O, `� ° C) }-.. FJ. �. P Fl• 'ti ro n Fi Sa U N. a tr �• � � a g vi �• K Frj �' (D ro ft K` rt v. b �' @ !J• �, rt a LQ O fir= A? I,, !v (D u1 hl ¢r fD ft p. j.,. (D � � N a Fi R, as f hf !� Q 0 0 ".3 @ , Fr. �} n� n R. LL, ED Z 0 (U rl• 0, N• •0.j , fii }.� N•�^ ;[' i O fJ @ iZ, ►t7 O 'TS F9, t0h F{ 'C fu W R, ro tJ, ft @ SU jy ro �' G rt`C 0 rt rJ. (ri rr N fi �. 61 ft f� rt Fi rr fi '� At ro N• Y F O C CL @ (D 0. rt O :i H. 'C sr]. rh @ G+ r i D) j , @ hii rt ri 0 N ro t r• w Ct n @ @ N 0 CA P. I'' w• C4 @ 0 Q •• n p , I Cl P. F • to = p N 0• . (a) Day to day supervision, care and control; (b) Pj-ov-.siori of all food, ,clothing, bedding, recreation and health requireaents; (c) Supervision and maintenance of mail, phone and visitor communications perraitted to those detained. The City will gay_to _the Ccunty monthly , at the end _ - -- ,y. of each month, a proportionate share of the cost of the opera- tion of said detention facility, computed as follows: (a) That proportion of the monthly total expendi- ture for intake proceedings that those persons going through the intake proceedings to be detained by or under the authority of the City during said month bears to the total persons processed through said intake proceedings during said month., plus , _,{b) A daily rate for each person_detained_by or under the authority of the City commuted _y dividing .the total monthly. cost of detention {excluding. _ the cost of, the intake__prcedure) by�the total number of "prisoner days - � "prisoner dz�" _ steal be one times the number of days , or f:ac-T t ion thereof , that each person is detained^_. In lieu of separate monthly computations of said costs the parties may, with the recommendation of the Public Safety Building Committee, establish an average cost per intake, and an average daily cost of detention (excluding the cost of the intake procedure) for a yearly period, and said average costs shall be used in determining the amount to be paid by the City to the County each month by multiplying such average cost of intake by the number of City detained persons going through the intake proceedings dur:.ng said month, and multi- plying the number of City "prisoner days" by the average daily cost of detention. In the event said averaging method shall be used, it shall be adjusted no less than annually , to reflect the average per person intake cost, and the average prisoner day cost of detention baked upon the actual experience of operation over the preceeding year or since the preceeding establishment of stick averages , should the period be less than one year. . -7- • (12) There shall be established no later than June 15th of the calendar year prior to the calendar year in which the anticipated date said facility shall be ready for occupanc, shall fall, a Public Safety Building Committee, which shall consist of the following : (a) Two me-bers of the Board of County Commis- sioners , one of whorl shall be des_ ig:�ated by :the- _ Board of County Commissioners as Chairman of the cornmi tte e; _ _-. (b)_.. One member of the Pasco City Council..selected_, by said Council; The Pasco City_ .^:ana�er or. chief _administrata.ve officer of said City; - - - - .(d) .._One_ member to be _selected by_ ma or_ity - vote of the four c.QrnJt:.tP_.e. members- named . All members appointed by the City or County legislative bodies shall serve at the pleasure of the bodies sc appoint- ing them, and the fifth member appointed by the Committee shall serve for one year but may be re-appointed by the re- mainder of the committee. (13) The functions of said committee shall be generally to investigate, analyze and advise on the service , operation , maintenance, repair and improvement of the entire project:, and shall include the following functions , w1i_,".ch chat; be inclusive but not exclusive, to-wit: (a) To receive , investigate and analyze all rEqu�st:s for any and all programs of major maintenance entail- ing the installation , repairing, replacing or new construction of bearing walls , corridor walls , , truc-• tural alterations or any major maintenance in the form of installing, repairing and replacing any an(a all light, water, heat and ventilation serv: cis and any new construction for the purpose of affording additional space for facilities to the City or County . . (b) To inspect , investigate , analyze and advise on the servicing, maintenance and operationn of the build- TIC , parkins and garage faclll-ics , tiia qr ounds landscaped areas , to see that the quality , st;;Mdar6 ` -8- and uniformity throughout the building of said .services , maintenance and operation is i.. conformity with good building operation and nanaaement speciri-- cations ; to investigate , inspect a-nd analyze any and all. requests for any extra or specific service, maintenance and operational functions . • . (c) `+o submit to the legislative bodies of the County and the City in writing the findings and con- clusions of said Committee in respect to any re- quests or investigations together with the Committee ' s recoi-nmendations. (d) To prepare the tentative budget each year and submit to the Council and Commissioners for final approval the budget and proposed appropriation of funds. (e) To review and advise upon problems of adminis- tration arising out of the servicing , maintenance and operation of the facilities utilized and used jointly by .the parties . (f) To analyze , propose and advise to the Board of County Commissioners and the City Council such joint operations of the Police and Sheriff ' s Dep&rtvents , and other functions , conducted or possible to conduct upon said premises , as shall appear feasible anti of benefit to the taxpayers either as the result of improved services or a lowered cost of services. The cos` of any such joint operation shall be shared by the parties in accordance with the pro- portionate share of use thereof. (14) it is contemplated that certain personal property consisting of fixtures , furnishings and equipment, to be housed and used in said facility shall be provided for the joint use and ems joy ment of the City and the County . Casualty insurance shall be provided upon said personal property , joi::tly used and operated, to the full insurable value, and the premiurk%s 4herefor shall be budgeted and shall constitute a cost of maintenance and operation of said project for which the Ca%y shall pay a proportionate share as hereinafter provided. Each party shall , with respect to personal. property solely used and operated by it, be totally subject to risk of loss thereof , and responsible for procuring, , maintaining and providing any and all insurance coverages thereon. (1.5) Both casualty and ;,iability insurance upon the total project from the time of its acceptance to the termina- tion of this lease shall be budgeted and shall constitute a cost of maintenance and operation for which the City shall pay a proportionate share as hereinafter provided. Such liability insurance• shall carry both the County and the City as a named insured. (lb) if the premises , or any portion thereof , shall be damaged or destroyed by fire, the elements or by any other cause, the parties shall mutually agree and determine the extent to which such premises shall be .repaired, rebuilt or replaced. All costs thereof shall first be paid. out of any proceeds received from insurance policies thereon. The balance of said cost shall be paid by the parties in accordance with their proportionate share of occupancy of said premises as hereinbefore defined . In the event the proceeds received from such insurance exceeds the cost of repairs , replacements or rebuilding , or in case no repairs , replacements or rebuilding are determined upon , then and in either of these events such monies shall be paid to the parties in proportion to their proportionate share of occupancy hereinbefore defined. No such damage or destruction , partial or total, shall in any way, relieve the City from the payment of rental. as covenanted by this agreement. (2-7) Each party hereto agrees that without regard to the fault or negligence of any party, its agents or employees , the other shall in no way be liable or responsible fcr damages suffered by it and arising out of the maintenance, operation, control, occupancy or use of said facility or premises , and it is further Understood that all insurance policies of eit.1her party shall , with respect to all item; insureri thereby and used in said facility , contain a raaiv'er of subrogation provision as against the ot.hor party. -10- (18) The City hereby covenants and agrees to pay to thi County a proportionate share of the cost of maintenance and operation of the facility during the full term of this lease. Said sum shall be determined as follows : (a) The Public Safety Building Committee shall, no later than the second Monday in August of the calendar year prior to the calendar year in which the anticipa- ted date of availability of said facility for occu- pancy shall fall , and annually thereafter upon or before the second Monday of August, prepare and submit to the City Council and County Auditor a proposed budget for the maintenance and operation of the facility for the next succeeding calendar year. After consideration, revision and approval thereof by the City Council , the same shall be sub- mitted to the Board of County Ccmmissioners for adoption no later than the first Tuesday in Septem- ber of said calendar year , and thereafter revised and adopted by said Board of County Commissioners . as provided by law. (b)__ The City sQQ1, pay we first to the Coun vu o day of each month in advance, _and commencing with the first, day ,of the month in which sa c_facila,ty_ ,shall become available for occupancy and cont:inuinc � until the termination of this lease, a proportionate share of such month' s budgeted cost of maintSHRIe­ and• cpera,tion. Said pro e portionate �shareshall be detrminedY as fo1�.O-W : The total budget for said maintenance and oaera- tion for said calendar year .diyi,01d- ,icy _the _ ,number of Ton ns covered�by -said budget, then multiplied by the C_i ty'.s_proportio_n_ate_share of _ occupancy as defined in Paragraii__ (6%-(b� above . (c) Within thirty days after the end of the first calendar year after said facility shall become available for occupancy , and annually thereafter, the actual cost: (as opposed to budgeted cost) of the maintenance and operation of said facility shall be determined for the preceeding year and the City' s proportionate share thereof determined. In the event the payments as made by the City shall exceed said proportionate share of actual cost, the City shall receive credit for said excess against: the next ensuing payment for maintenance and operation, and in the evert the payments as made by the City shall be less than its proportionate share of said actual costs , it shall immediately pay said deficiency. (19) it is understood that, the City has endorsed its approval in writing upon the preliminary plans of the por- tions of the project to be occupied exclusively by the City or a r 'rr a rt ro ft t5 r• (0 ty' ►.• p +C O N p tR w `q P. W rF A� (D to � rr. •• . • � r �� 'vn rt a rx rD �' 0 is tr In 0 K` ♦ At f h rt _ F + 0 Cr „r r tca s �� rl Z O N O Cs. r.� F to 0 �, :,' .3 O N• C) tl rr' P? •_• FiZ 1, , ' (1) rt rt 0 tJ C F{ ro rt rt �11 (D tv 0 , uQ ,,� , • (� K E+ f0 ti 0 C ro N LQ ro C� m j Lo O �' rt N• m to tr ft K PL ft � ft F'• ice• . A Fi o' !U ty O rt K C) to 0 tl, O W n a \ c t to O W U rt 0 W ti r` rt1 rh G� \� a a r (h V ° ° rt ti b:31 V) o r rt n ft \\' r � r`� K K Fi :s V(D a rt �, y_, b sv 0 a' a re n t0-t _ O 0 <A Fr. (D t:$ rF K P, n w 'C n O rt r fl,En r_b rt rt rt Fi K w 0 tin O to to s?. � r• n M m 0 tv p, ¢ 7 O to �" rt rC P+ N rt rt r: to V) 0, ft O r 0 � �' 0 eta 0 , 0 n (D 1`1 m O, 0 Fi FP.,. 0 0 0 a rt n a P� o ru o ro w r s l J s^a n a a t Fi N Aj o u rt W Fr• : 'O 4 0 w !!E I ;r, (� W t l Cu tb l; G (D ty FS u. I ll I i rJ fD 0 rt lv 0! rh P. rt tt u fi 1 � F... i K ft N W 0 j fD a sv 0 P. fD � O m rt Ft 0 ft j rt 0 N s En n Amendment to Public Safety Building Lease Agreement Between The City of Pasco and Franklin County This agreement is made and entered into between the City of Pasco, a municipal corporation of the State of Washington, hereinafter called City, and Franklin County, a municipal corporation of the State of Washington, hereinafter called County. Whereas, the City and the County are parties to an Agreement For Lease Of Space,Franklin County-City Of Pasco, Public Safety Building dated March 16, 1970 and its subsequent amendments, wherein the County leases to the City certain square feet of the second floor and certain square feet of the first floor at the Franklin County-City of Pasco, Public Safety Building; and Whereas, the City has moved its police department operations from the Public Safety Building to the new Pasco Civic Center and desires space adequate for its Municipal Court clerical staff and to have increased availability of courtrooms; and Whereas, the County desires to occupy space that is no longer needed by the City; and Whereas, both parties desire to reach an amicable settlement of the residual value of the leased space being vacated by the City and provide for adequate courtroom facilities to both the Pasco Municipal Court and the Franklin County District Court for the balance of the remaining lease term, now, therefore, In consideration of the mutual benefits hereinbelow provided, the parties agree as follows: 2. Floor Space. (a) The City will exclusively occupy the designated Municipal Court office space for the duration of the existing Lease term (until May 1, 2012), unless the City decides to vacate all space at the Public Safety Building at a sooner date at the City's discretion, upon at least sixty (60) days written notice to the County, (See attached floor plan). The City may make non- structural changes to the space it occupies without approval of the County. (b) The City will relinquish all rights to use and occupancy (joint and exclusive) of the downstairs (first floor) space immediately. In addition, the City will relinquish to the County all second floor space except that space designated on the attached floor plan, of which the City shall retain exclusive use and occupancy, and in addition the City shall have the joint use and Amendment To Lease Agreement/Public Safety Building - Page I of 5 occupancy of the courtrooms as described in Section 4. hereof. (See attached floor plan). 2. Courtroom Equipment and Furniture. The County and the City shall replace and repair the equipment and furniture of the shared courtroom facilities by their mutual approval and equal splitting of the cost. 3. O & M Credit. As consideration for the space vacated by the City, the City shall be assessed no maintenance and operations costs until it has depleted $90,000.00 in credit for O&M assessments otherwise chargeable. If the City is still occupying space after the $90,000.00 credit limit has been reached, and the County has finished construction of the new Superior Court courtroom as required herein, the City shall then commence payment of its one-half of the shared courtroom facilities and one-half of the shared restrooms on the second floor of the Public Safety Building. Shared space does not include hallways. In the event that the new Superior courtroom is not completed, the City shall not be obligated to pay O&M expenses until the courtroom is completed. Eligible costs for O&M assessments are limited to custodial services, charges for utilities, and minor interior repairs. The City shall be entitled at any time to review the County's budget documents on which the O&M assessments to the City are based. In the event the City and the County cannot agree on the correctness of the assessment to the City, the dispute shall be resolved by a third party arbitrator jointly selected and paid for by the parties. 4. Courtroom Sharing. Municipal and District courts will share the second floor main District courtroom, the existing small Superior courtroom on the third floor of the courthouse, (at such time as the new Superior courtroom is constructed), and the small (old weed room) second floor courtroom on the following time share basis agreed to by the District and Municipal Court Judge for the two District Court courtrooms and the District, Municipal and a Superior Court Judge representative for the existing small Superior courtroom, when it becomes available: Present > C e 1k�w�estairs Coz�rtr�xin Small Doweistair Coudrpiitn Municipal Court Monday&Tuesday Wednesday&Thursday AM Alternating Even Fridays Monday AM District Court Wednesday & Thursday Monday PM&Tuesday Alternating Odd Fridays Thursday PM Amendment To Lease Agreement/Public Safety Building - Page 2 of 5 Use of the large courtroom would be on alternating Fridays for jury trials. District court will have odd-numbered court dates, and Municipal Court will have the even-numbered court dates. In the event one court does not have a jury trial scheduled for their Friday, the other court may use the courtroom for a jury trial. However, should there be a jury trial in the large courtroom, then the other court may use the downstairs small courtroom on that Friday. Futuie Large Downsta n Small Downstairs smit 11p4 sirs Courtroom Courtroom Courtroom Municipal Court Monday&Tuesday Wednesday & Wednesday & Alternating Even Thursday Thursday Fridays Friday AM Alternating Odd Fridays District Court Wednesday & Monday&Tuesday Monday&Tuesday Thursday Friday PM Alternating Even Alternating Odd Fridays Fridays It is mutually understood that the Courts will accommodate each other in the event that a courtroom is not being used on their scheduled day. If the judges are unable to maintain agreement during the term of the lease, then the County Commissioners and the Pasco City Council shall jointly redefine the court time schedule consistent with the intent of an equal time division between the District and Municipal Courts. "Courtroom" as used in this agreement includes Judges Chambers, Jury and Witness rooms attendant to the courtroom, except that the District Court Judge shall have the exclusive occupancy of the Chambers adjacent to the small District courtroom. 5. New Courtroom. The County will complete the third Superior courtroom construction on the third floor within twenty-four (24) months of the date written below. 6. Libraries. Each Court will provide its own library, the existing library belongs to the County. Amendment To Lease Agreement/Public Safety Building - Page 3 of 5 7. Operations and Maintenance. The City's share of the operations and maintenance costs for the combined Public Safety Building and Courthouse shall be equal to the percentage the City's square feet of floor space reserved for the City's exclusive use, plus one-half of the courtroom space it jointly shares with the County will have to the total percentage of space (66,372 square feet). EIigible costs are limited to custodial services, charges for utilities, and minor interior repairs. In the event the City's joint use of a courtroom is more or less than fifty percent (50%) by agreement of the judges, the City's percentage of O&M shall be adjusted up or down in accordance with its courtroom usage. 8. Conflicts. In the case that any provision of this agreement conflicts with any provision of the 1970 Lease Agreement, the terms and conditions of this agreement shall prevail. 9. 1970 Lease Agreement Continues. In all other respects, the terms and conditions of the 1970 Lease Agreement as previously amended in 1995 by Joint Resolution, shall remain in full force and effect. 10. Arbitration. In the event the parties are unable to resolve any dispute over interpretation or application of this agreement during the lease term, the parties shall jointly select a third party arbitrator to resolve the dispute consistent with the terms hereof. Dated this Z��day of June 1995. City of Pasco: Charles Kilbury Mayor Pro-Tem Attest: App o ed As F rm., Catherine D. Seaman reg 4. Rubstello Deputy City Clerk City Attorney Amendment To Lease Agreement/Public Safety Building - Page 4 of 5 Franklin County Commissioners: KeV'a Corkr,U Chaff erse( rank Brock Commis loner Sue Miller Commissioner Attest: Approved As To Form: Mary Oithers Steven M. Lowe CIerk of the Board Franklin County Prosecuting Attorney Amendment To Lease Agreement/Public Safety Building - Page 5 of 5 i i U 0 I Iry t ELEV, 6`0" CLEAR FROM SOUTH FACE OF C.M.U. TO NORTH o FACE OF GYPSUM BOARD. ' WALL PARALLELS ELEV. 1 CITY COURT AOMIMSTRATiON AREAS = Z100 SQUARE FEET PUBLIC RESTROOMS = 500 SQUARE FEET CITY / COUNTY JOWT°USE AREAS = 2.610 SQUARE FEET ATTACHMENT "A" FRANKLIN COUNTY PUBLIC SAFETY BUILDING - SECOND FLOOR PLAN A SCALE, V16' = V-0' CKJT ARCHITECTS JUNE 1 1995 N