HomeMy WebLinkAbout2007.11.26 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. November 26,2007
1. CALL TO ORDER
2. VERBAL REPORTS FROM COUNCILMEMBERS:
3. ITEMS FOR DISCUSSION:
(a) Lourdes Health Network Presentation. (NO WRITTEN MATERIAL ON AGENDA)
Presented by John Serle,CEO,Lourdes Health Network.
(b) Stormwater Utility Rate Increase:
1. Agenda Report from Jim Chase,Finance Manager dated November 20,2007.
(c) Chiawana Park Lease:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
November 19, 2007.
2. Transmittal letter from Real Estate Division, Corps of Engineers.
3. Proposed Lease.
4. Letter on House Rental.
5. Environmental Compliance (revised language).
6. Guidelines for Property Owners Adjacent to Public Lands.
7. Letter on City Proposed Improvements.
(Note: attachments 2-7 are in Council packets only; copy available in Administrative &
Community Services Director's office, Pasco Library and on the city's website at www.pasco-
wa•gw for public review.)
(d) 2008 COLA for Non-Represented Employees:
1. Agenda Report from Lynne Jackson, Human Resources Manager dated November 21,
2007.
(e) 2008 Temporary/Seasonal Employee Wage Plan:
1. Agenda Report from Lynne Jackson, Human Resources Manager dated November 19,
2007.
2. Ordinance,
3. Proposed Wage Plan.
4. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
5. EXECUTIVE SESSION:
(a)
(b)
(c)
6. ADJOURNMENT.
REMINDERS:
1. 4:00 p.m., Monday, November 26, Port of Benton — Hanford Area Economic Investment Fund
Board Meeting. (COUNCILMEMBER MATT WATKINS,Rep.; JOE JACKSON,Alt.)
AGENDA REPORT
FOR: City Council A DATE: November 20, 2007
WORKSHOP: November 26, 2007
TO: Gary Crutchffdistrative it Manager
StanStrebel, & Community Services Director
FROM: Jim�i C , Finance Manager
SUBJECT: STORMWAT.ER UTILITY RATE INCREASE.
I. REFERENCE(S):
Nothing provided
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
11/26/2007 Discussion
Ill. FISCAL IMPACT:
See DISCUSSION.
IV. HISTORY AND BRIEF FACTS:
The City contracted with HDR Engineering, Inc. (HDR) to perform a comprehensive
utility rate study early in 2007. The study included the water, sewer, stormwater and
irrigation utilities. The study indicated a need for a rate increase in the stormwater utility
while the other utility rates are adequate to cover anticipated expenses. HDR made a
presentation to Council on July 23, 2007 which provided several options for a stormwater
rate increase.
As of the end of 2006, the stormwater utility had a deficit cash balance of$229,459.
Including $330,000 in capital improvements budgeted in 2007, the negative cash balance
will be approximately$650,000 by the end of the year.
The present stormwater utility rate is $1.80 per month and the resulting revenues have not
been sufficient to cover operating costs. If the rate is left unchanged, and with $155,000
in capital improvements in the proposed budget, the negative balance will grow by an
additional $275,000 in 2008.
The major component of the stormwater utility program is keeping the streets and gutters
free of debris to allow rainwater easy access into the drainage system. The street
sweepers are utilized during slack traffic times to accomplish this task.
V. DISCUSSION:
At the last Workshop Meeting, staff presented several options for rate increases based on
the utility rate study performed by HDR.
It was suggested that since the stormwater utility performs such services that assist the
sewer utility in its objectives of avoiding contamination of water supply sources, the
sewer utility provide financial support to the stormwater utility. Council asked staff to
determine what a monthly residential utility rate might be needed if the sewer utility were
to provide ongoing funding for the stormwater utility.
3(b)
Operating expenses in the stormwater utility in 2006 totaled$461,467. Operating
expenses are projected to be $505,000 in 2007. The operating expense budget for 2008 is
slated to be $553,135.
The City Manager, in a memo to Council dated November 9, 2007,mentioned ongoing
support of 50% of the ongoing operating expenses as a suggested ongoing funding
amount. 50% of 2008 operating expenses would calculate to be $276,567.
If the sewer utility were to transfer$650,000 into the stormwater utility to reduce the
negative cash balance at the end of 2007, and also provide annual ongoing support of
50% of budgeted operating costs, $276,567 in 2008, the current residential monthly rate
$1.80 would provide sufficient revenues for the utility. The projected cash balance at the
end of 2012 would provide approximately 2 months of operating expenses.
Another option might be for the sewer utility to provide annual ongoing support of 40%
of budgeted operating costs. The support amount would total $224,689 in 2008. The
residential monthly rate would need to be $2.08 to provide a cash reserve of
approximately 2 months of operating expenses at the end of 2012.
One more option would be to provide annual ongoing support of 35%. The support
amount would be about $198,000 in 2008 and would increase each year by about
$10,000. The residential monthly rate of$2.20 would be needed to provide a similar cash
reserve in 2012.
Keep in mind the sewer base rates were reduced by 10% at the beginning of 2007. The
less offered in ongoing support means the longer a rate increase can be delayed for the
sewer utility.
VI. OTHER COMMENTS:
The following are some cities in close proximity to Pasco that charge a monthly fee for
their stormwater utilities and their 2007 monthly single family residential rate:
Richland $2.85
Walla Walla $3.18
Wenatchee $3.82
AGENDA REPORT
FOR: City Council November 19, 2007
TO: Gary Crutchfi Manager
FROM: Stan Strebel, mi d Community Workshop Mtg.: 11/26/07
Services Direct
SUBJECT: Chiawana Park Lease
I. REFERENCE(S):
1. Transmittal letter from Real Estate Division, Corps of Engineers
2. Proposed lease
3. Letter on house rental
4. Environmental Compliance(Revised Language)
5. Guidelines for Property Owners Adjacent to Public Lands
6. Letter on City Proposed Improvements
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
11/26: Discussion; Direction to Staff
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) Staff recently received a draft lease agreement from the Corps of Engineers
(COE) for Chiawana Park. Upon review of the agreement, staff raised some
concerns with language in the agreement and requested modification to the
language. In most cases the COE has responded that the language is "standard"
and can only be modified by personnel at Department of the Army Headquarters.
(Implicit is a lengthy and,typically, futile process.)
B) The proposed lease is for a 25 year period and most standard provisions are
identical to those included in the City's existing lease for the Boat Basin and
portions of the Heritage Trail.
C) The specific sections of the agreement where staff recommends amendment or
Council discussion are as follows:
17. RESTORATION
(last sentence) " . . . The Lessee shall also pay the United States on demand any
sum which may be expended by the United States after the expiration, revocation
or termination of this lease in restoring the premises.
Staff has requested the insertion of"reasonable" in this section, before "sum" as
a protection to the City. COE staff has indicated that this is standard government
language and cannot be amended without Army Headquarters approval.
31. TRANSIENT USE
"b. Occupying any lands, buildings, vessels or other facilities within the premises
for the purpose of maintaining a full or part-time residence is prohibited, except
for employees residing on the premises for security purposes, if authorized by the
District Engineer."
3(c)
The City has previously contacted the COE to determine if it would be acceptable
for the City to rent the existing (caretaker) home at the park. COE personnel
have indicated that the occupant must have some park property security or
maintenance responsibility. Staff suggests that this understanding be documented
as an attachment to the lease (see Reference Q.
37. SITE SPECIFIC CONDITION ON ENVIORNMENTAL COMPLIANCE
Staff was concerned that language in Section 37 did not provide enough flexibility
in utilizing the full $60,000 proposed by COE for both the restroom and the
playground equipment. After discussion, COE has provided alternate language
(see Reference D) which is more favorable, assuming the City submits a combined
plan (which should be possible and preferable). Staff suggests (and COE is
considering) adding "environmental" before "work" in the last sentence of
paragraph `C'.
It should be noted that the COE commitment is subject to "availability of funds"
(a standard federal phrase) and that, in the event that "cultural resources" were
discovered during planning or construction phases, COE funding could be
exhausted just in dealing with such discoveries. In such an event, the City could
be faced with a decision to secure additional funding for environmental
compliance shortfalls or abandon construction plans.
TRESPASS AND ENCROACHMENTS
The COE has (by its own admission) been somewhat inconsistent in maintaining
its property boundary adjacent to certain private ownerships. With the prospects
of this lease with the City nearing reality, the Corps has recently undertaken a
push to inform adjacent property owners of trespasses and encroachments and
required corrections. These have included private improvements on federal
property; dumping or placements of materials or plants; unauthorized removal of
vegetation or application of herbicide, etc.
Staff is aware that, as lessee, the City must be vigilant in monitoring potential
trespass/encroachment issues and attempting to resolve the same. At the same
time, the City expects the COE to be consistent in its approach and to support the
City in these efforts. COE personnel have indicated a willingness to insert the
following language in the lease to address the City's concerns:
"The City will use its best efforts to prevent and resolve trespasses and
encroachments identified after lease execution. If, after exercising available
remedies,the city is unable to resolve the encroachment,the City may request
assistance from the District Engineer to address the trespass and/or
encroachment."
The Corps has indicated that it is in the process of updating its policies and
procedures with respect to trespasses and encroachments and expects to have this
completed within the next 6—12 months. In the meantime, staff suggests reliance
on the Guidelines for Property Owners Adjacent to Public Lands (Reference 5) as
a tool to assist the City in fulfilling its responsibilities in this regard with the
understanding that the COE will provide the City with a more complete set of
standards and guidelines top assist the City and educate the public with respect to
trespass and encroachment issues.
EXHIBIT C
This attachment, as proposed, is incomplete and now, somewhat out of date. Staff
suggests a more complete attachment, Reference 6.
D) Staff requests specific Council direction on these and any other issues in the
proposed lease.
DEPARTMENT OF THE ARMY
WALLA WALLA DISTRICT,CORPS OF ENGINEERS
201 NORTH THIRD AVENUE
WALLA WALLA WA 99362-1876
REPLY TO
- ATTENTION OF
October 25, 2007
Real Estate Division
Mr. Stan Strebel
Administrative and Community Services Director
City of Pasco
PO Box 293
Pasco, WA 99301
Dear Mr. Strebel:
Enclosed for review and acceptance by the City of Pasco is one copy of the
proposed Department of the Army Public Park and Recreation Lease for Chiawana Park
and the Columbia River Shoreline. The term of the proposed lease is 25 years,
beginning on December 1, 2007, and ending on November 30, 2032.
Please review the lease and its exhibits carefully. If you have any concerns, please
bring them to our attention as soon as possible. If you find it acceptable, please do not
have the document signed but return it to us in its entirety with a letter acknowledging
acceptance. We will work with you to schedule a signing ceremony at which Mayor Olson
and Lieutenant Colonel Anthony Hofmann will execute the documents.
If you have any questions, please call me at 509-527-7324. You can also contact
me by e-mail at Pal.il.S.Shampine @usace.army.mil.
Sincerely,
Paul Shampine
Realty Specialist
Enclosure
NO. W912EF-1-08-??
DEPARTMENT OF THE ARMY
LEASE TO NON-STATE GOVERNMENTAL AGENCIES
FOR PUBLIC PARK AND RECREATIONAL PURPOSES
Chiawana Park & Columbia River Shoreline
McNary Lock and Dam Project
Franklin County, Washington
Tracts XX-3561, XX-3500, XX-3559, XX-3558, XX-3557, XX-3554, XX-3552, XX-3551,
XX-3549, XX-3548, XX-3547, XX-3546, XX-3544, XX-3543, XX-3542, XX-3541,.
XX-3539, XX-3538, XX-3537, XX-3536, XX-3534, XX-3533, XX-3532, XX-3531,
XX-3529
THIS LEASE is made on behalf of the United States and the SECRETARY OF
THE ARMY, hereinafter referred to as the Secretary, and THE CITY OF PASCO,
WASHINGTON, hereinafter referred to as the Lessee,
WITNESSETH:
That the Secretary, by authority of Title 16, United States Code, Section 460d,
and for the consideration hereinafter set forth, hereby leases to the Lessee, the property
identified in tan in Exhibits A1, A2 & B, attached hereto and made a part hereof,
hereinafter referred to as the premises, for public park and recreational purposes. The
premises are further defined as follows: In portions of the premises where levees are
located, the premises shall be from the shoreline of the Columbia River landward to the
Non-State Park Lease
1 July 1997
landward toe of the levee. In portions where no levees exist, the premises shall be the
entire tract to the landward public property boundary except in Tracts XX-3559,
XX-3500 and XX-3561 where the approximate limits of the premises are shown in tan.
THIS LEASE is granted subject to the following conditions:
1. TERM
Said premises are hereby leased for a term of 25 years, beginning December 1,
2007 and ending November 30, 2032.
2. CONSIDERATION
The consideration for this lease is the operation and maintenance of the
premises by the Lessee for the benefit of the United States and the general public in -
accordance with the conditions herein set forth.
3. NOTICES
All correspondence and notices to be given pursuant to this lease shall be
addressed, if to the Lessee to the City of Pasco, WA; 525 N. 3rd Avenue; Pasco, WA
99301; and if to the United States, to the District Engineer, ATTN: Chief, Real Estate
Division, Walla Walla District; 201 N. Third Avenue, Walla Walla, WA 99362-1876 or as
may from time to time otherwise be directed by the parties. Notice shall be deemed to
have been duly given if and when enclosed in a properly sealed envelope, or wrapper,
addressed as aforesaid, and deposited, postage prepaid, in a post office regularly
maintained by the United States Postal Service.
4. AUTHORIZED REPRESENTATIVES
Except as otherwise specifically provided, any reference herein to "Secretary of
the Army," "District Engineer," "said officer" or "Lessor" shall include their duly
authorized representatives. Any reference to "Lessee" shall include sublessees,
assignees, transferees, concessionaires, and its duly authorized representatives.
5. DEVELOPMENT PLANS
The Lessee shall be guided by an annual Plan of Operation and Maintenance
(Annual Management Plan or "AMP") in furtherance of the Lessee's implementing Plan
of Recreation Development and Management (Development Plan) attached as Exhibit
C which shows the facilities and services necessary to meet the current and potential
public demand and the management and development activities to be undertaken by
the Lessee and any sublessees. No later than January 1 of each year the Lessee will
submit the AMP to be mutually agreed on between the Lessee and the District
Engineer. Such AMP shall include but is not limited to the following_
Non-State Park Lease 2
1 July 1997
a. Plans for management, maintenance and development activities to be
undertaken by the Lessee and any sublessees.
b. Report of the management, maintenance and development
accomplishments of the Lessee for the preceding year.
c. Report on any significant modification of policies or procedures which are
planned for the following year as well as those implemented in the preceding year.
d. Minor modifications to the Development Plan. Major modifications are to be
accomplished by amendment to the Plan before proceeding to implement any changes
in the development or management of the leased premises.
e. Budget of the Lessee for carrying out all activities for the upcoming year.
f. Personnel to be used in the management of the leased premises.
g. Annual certification that all water and sanitary systems on the premises have
been inspected and comply with Federal, state and local standards. Lessee will also
provide a statement of compliance with the Rehabilitation Act and the Americans with
Disabilities Act, as required in the condition on NON-DISCRIMINATION, noting any
deficiencies and providing a schedule for correction.
The use and occupation of the premises shall be subject to the general
supervision and approval of the District Engineer.
During the term of the lease, the District Engineer will notify the Lessee of any
updates to the existing project Master Plan affecting the premises and the Lessee may
provide comments.
6. STRUCTURES AND EQUIPMENT
The Lessee shall have the right, during the term of the lease, to erect such
structures and to provide such equipment upon the premises as may be necessary to
furnish the facilities and services authorized. Those structures and equipment shall be
and remain the property of the Lessee, except as otherwise provided in the Condition
on RESTORATION. However, no structures may be erected or altered upon the
premises unless and until the type of use, design, and proposed location or alteration
thereof shall have been approved in writing by the District Engineer. The District
Engineer may require the Lessee, upon the completion of each of the proposed
developments to furnish complete "as built" construction plans for all facilities.
Non-State Park Lease 3
1 July 1997
7. APPLICABLE LAWS AND REGULATIONS
a. The Lessee shall comply with all applicable Federal laws and regulations
and with all applicable laws, ordinances, and regulations of the state, county, and
municipality wherein the premises are located, including, but not limited to, those
regarding construction, health, safety, food service, water supply, sanitation, use of
pesticides, and licenses or permits to do business. The Lessee shall make and enforce
such regulations as are necessary and within its legal authority in exercising the
privileges granted in this lease, provided that such regulations are not inconsistent with
those issued by the Secretary of the Army or with the provisions of 16 U.S.C. § 460d.
b. The Lessee will provide an annual certification that all water and sanitary
systems on the premises have been inspected and comply with Federal, state and local
standards. The Lessee will also provide a statement of compliance with the
Rehabilitation Act and the Americans with Disabilities Act, as required in the Condition
on NON-DISCRIMINATION, noting any deficiencies and providing a schedule for
correction.
8. CONDITION OF PREMISES
a. The Lessee acknowledges that it has inspected the premises, knows its
condition, and understands that the same is leased without any representations or
warranties whatsoever and without obligation on the part of the United States to make
any alterations, repairs, or additions thereto.
b. As of the date of this lease, an inventory and condition report of all personal
property and improvements of the United States included in this lease shall be made by
the District Engineer and the Lessee to reflect the condition of said property and said
improvements. A copy of said report is attached hereto as Exhibit D and made a part
hereof. Upon the expiration, revocation, or termination of this lease, another inventory
and condition report shall be similarly prepared. This report shall constitute the basis for
settlement for property damaged or destroyed. Any such property must be either
replaced or restored to the condition required by the Condition on PROTECTION OF
PROPERTY.
9. FACILITIES AND SERVICES
The Lessee shall provide the facilities and services as agreed upon in the
Development Plan referred to in the Condition on DEVELOPMENT PLANS either
directly or through subleases or concession agreements that have been reviewed and
accepted by the District Engineer. These subleases or agreements shall state_ (1) that
they are granted subject to the provisions of this lease; and (2) that the agreement will
not be effective until the third party activities have been approved by the District
Engineer. The Lessee will not allow any third party activities with a rental to the Lessee
or prices to the public which would give the third party an undue economic advantage or
Non-State Park Lease 4
1 July 1997
circumvent the intent of the Development Plan. The rates and prices charged by the
Lessee or its sub-lessees or concessionaires shall be reasonable and comparable to
rates charged for similar goods and services by others in the area. The use of sub-
lessees and concessionaires will not relieve the Lessee from the primary responsibility
for ensuring compliance with all of the terms and conditions of this lease.
10. TRANSFERS, ASSIGNMENTS, SUBLEASES
a. Without prior written approval of the District Engineer, the Lessee shall
neither transfer nor assign this lease nor sublet the premises or any part thereof, nor
grant any interest, privilege, or license whatsoever in connection with this lease.
b. The Lessee will not sponsor or participate in timeshare ownership of any
structures, facilities, accommodations, or personal property on the premises. The
Lessee will not subdivide nor develop the premises into private residential development.
11. FEES
Fees may be charged by the Lessee for the entrance to or use of the premises or
any facilities, however, no user fees may be charged by the Lessee or its sub-lessees
for use of facilities developed in whole or part with federal funds if a user charge'by the
Corps of Engineers for the facility would be prohibited under law.
12. ACCOUNTS, RECORDS AND RECEIPTS
All monies received by the Lessee from operations conducted on the premises,
including, but not limited to, entrance, admission and user fees and rental or other
consideration received from its concessionaires, may be utilized by the Lessee for the
administration, maintenance, operation and development of the premises. Beginning 5
years from the date of this lease and continuing at 5-year intervals, any such monies not
so utilized or programmed for utilization within a reasonable time shall be paid to the
District Engineer, The Lessee shall establish and maintain accurate records and
accounts and provide an annual statement of receipts and expenditures to the District
Engineer. Annual or weekly entrance fees not collected on the Project, which also are
honored at other recreational areas operated by the Lessee, are excluded from this
requirement. The District Engineer shall have the right to perform audits or to require
the Lessee to audit the records and accounts of the Lessee, third party concessionaires
and sub-lessees, in accordance with auditing standards and procedures promulgated by
the American Institute of Certified Public Accountants or by the state, and furnish the
District Engineer with the results of such an audit.
13. PROTECTION OF PROPERTY
The Lessee shall be responsible for any damage that may be caused to property
of the United States by the activities of the Lessee under this lease and shall exercise
Non-State Park Lease 5
1 July 1997
due diligence in the protection of all property located on the premises against fire or
damage from any and all other causes. Any property of the United States damaged or
destroyed by the Lessee incident to the exercise of the privileges herein granted shall
be promptly repaired or replaced by the Lessee to the satisfaction of the District
Engineer, or, at the election of the District Engineer, reimbursement may be made
therefore by the Lessee in an amount necessary to restore or replace the property to a
condition satisfactory to the District Engineer.
14. RIGHT TO ENTER AND FLOOD
The right is reserved to the United States, its officers, agents, and employees to
enter upon the premises at any time and for any purpose necessary or convenient in
connection with Government purposes; to make inspections; to remove timber or other
material, except property of the Lessee; to flood the premises; to manipulate the level of
the lake or pool in any manner whatsoever; and/or to make any other use of the land as
may be necessary in connection with project purposes, and the Lessee shall have no
claim for damages on account thereof against the United States or any officer, agent, or
employee thereof.
15. LIGHTS, SIGNALS AND NAVIGATION
There shall be no unreasonable interference with navigation by the exercise of
the privileges granted by this lease. If the display of lights and signals on any work
hereby authorized is not otherwise provided for by law, such lights and signals as may
be prescribed by the Coast Guard or by the District Engineer shall be installed and
maintained by and at the expense of the Lessee.
16. INSURANCE
a. At the commencement of this lease, the Lessee, unless self-insured, and its
sub-lessees and concessionaires at the commencement of operating under the terms of
this lease as third parties, shall obtain from a reputable insurance company or
companies contracts of liability insurance. -rhe insurance shall provide an amount not
less than that which is prudent, reasonable and consistent with sound business
practices, or a minimum combined Single Limit of $1,000,000, whichever is greater, for
any number of persons or claims arising from any one incident with respect to bodily
injuries or death resulting therefrom, property damage, or both, suffered or alleged to
have been suffered by any person or persons, resulting from the operations of the
Lessee, sub-lessees and concessionaires under the terms of this lease. The Lessee
shall require its insurance company to furnish to the District Engineer a copy of the
policy or policies or, if acceptable to the District Engineer, certificates of insurance
evidencing the purchase of such insurance. The minimum amount of liability insurance
coverage is subject to revision by the District Engineer every three years or upon
renewal or modification of this lease.
Non-State Park Lease 6
1 July 1997
b. The insurance policy or policies shall specifically provide protection
appropriate for the types of facilities, services and products involved; and shall provide
that the District Engineer be given thirty (30) days notice of any cancellation or change
in such insurance.
c. In the event the Lessee is self-insured, the Lessee shall certify such self-
insurance in writing in the minimum amount specified above to the District Engineer.
The Lessee's insurance status shall not eliminate the requirement for its sub-lessees
and concessionaires to have insurance from a reputable insurance carrier as set out
above.
d. The District Engineer may require closure of any or all of the premises during
any period for which the Lessee and/or its sub-lessees and concessionaires do not
have the required insurance coverage.
17. RESTORATION
On or before the expiration of this lease or its termination by the Lessee, the
Lessee shall vacate the premises, remove the property of the Lessee, and restore the
premises to a condition satisfactory to the District Engineer. If, however, this lease is
revoked, the Lessee shall vacate the premises, remove said property therefrom, and
restore the premises to the aforesaid condition within such time as the District Engineer
may designate. In either event, if the Lessee shall fail or neglect to remove said
property and restore the premises, then, at the option of the District Engineer, said
property shall either become the property of the United States without compensation
therefore, or the District Engineer may cause the property to be removed and no claim
for damages against the United States or its officers or agents shall be created by or
made on account of such removal and restoration work. The Lessee shall also pay the
United States on demand any sum which may be expended by the United States after
the expiration, revocation or termination of this lease in restoring the premises.
18. NON-DISCRIMINATION
a. The Lessee shall not discriminate against any person or persons or exclude
them from participation in the Lessee's operations, programs or activities conducted on
the leased premises, because of race, color, religion, sex, age, handicap, or national
origin. The Lessee will comply with the Americans with Disabilities Act and attendant
Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the
Architectural and Transportation Barriers Compliance Board.
b. The Lessee, by acceptance of this lease, is receiving a type of Federal
assistance and, therefore, hereby gives assurance that it will comply with the provisions
of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Age
Discrimination Act of 1975 (42 U.S.C. § 6102); the Rehabilitation Act of 1973, as
amended (29 U.S.C. § 794); and all requirements imposed by or pursuant to the
Non-State Park Lease 7
1 July 1997
Directive of the Department of Defense (32 CFR Part 195) issued as Department of
Defense Directive 5500.11 and 1020.1, and Army Regulation 600-7. This assurance
shall be binding on the Lessee, its agents, successors, transferees, sub-lessees and
assigns.
19. SUBJECT TO EASEMENTS
This lease is subject to all existing easements, easements subsequently granted,
and established access routes for roadways and utilities located, or to be located, on
the premises, provided that the proposed grant of any new easement or route will be
coordinated with the Lessee, and easements will not be granted which will, in the
opinion of the District Engineer, interfere with developments, present or proposed, by
the Lessee. The Lessee will not close any established access routes without written
permission of the District Engineer.
20. SUBJECT TO MINERAL INTERESTS
This lease is subject to all outstanding mineral interests. As to federally owned
mineral interests, it is understood that they may be included in present or future mineral
leases issued by the Bureau of Land Management (BLM), which has responsibility for
mineral development on Federal lands. The Secretary will provide lease stipulations to
BLM for inclusion in such mineral leases that are designed to protect the premises from
activities that would interfere with the Lessee's operations or would be contrary to local
laws.
21. COMPLIANCE, CLOSURE, REVOCATION AND RELINQUISHMENT
a. The Lessee and/or any sub-lessees or licensees are charged at all times
with full knowledge of all the limitations and requirements of this lease, and the
necessity for correction of deficiencies, and with compliance with reasonable requests
by the District Engineer. This lease may be revoked in the event that the Lessee
violates any of the terms and conditions and continues and persists in such non-
compliance, or fails to obtain correction of deficiencies by sub-lessees or licensees.
Fhe Lessee will be notified of any non-compliance, which notice shall be in writing or
shall be confirmed in writing, giving a period of time in which to correct the non-
compliance. Failure to satisfactorily correct any substantial or persistent non-
compliance within the specified time is grounds for closure of all or part of the premises,
ternporary suspension of operation, or revocation of the lease, after notice in writing of
such intent_ Future requests by the Lessee to extend the lease, expand the premises,
modify authorized activities, or assign the lease shall take into consideration the
Lessee's past performance and compliance with the lease terms.
b. This lease may be relinquished by the Lessee by giving one (1) year prior
written notice to the District Engineer in the manner prescribed in the Condition on
NOTICES.
Non-State Park Lease 8
1 July 1997
22. HEALTH AND SAFETY
a. The Lessee shall keep the premises in good order and in a clean, sanitary,
and safe condition and shall have the primary responsibility for ensuring that any sub-
lessees and concessionaires operate and maintain the premises in such a manner.
b. In addition to the rights of revocation for non-compliance, the District
Engineer, upon discovery of any hazardous conditions on the premises that presents an
immediate threat to health and/or danger to life or property, will so notify the Lessee and
will require that the affected part or all of the premises be closed to the public until such
condition is corrected and the danger to the public eliminated. If the condition is not
corrected within the time specified, the District Engineer will have 'the option to revoke
the lease. The Lessee and its assignees or sub-lessees shall have no claim for
damages against the United States, or any officer, agent, or employee thereof on
account of action taken pursuant to this condition. -
23. PUBLIC USE
No attempt shall be made by the Lessee, or any of its sub-lessees or
concessionaires, to forbid the full use by the public of the premises and of the water
areas of the project, subject, however, to the authority and responsibility of the Lessee
to manage the premises and provide safety and security to the visiting public.
24. PROHIBITED USES
a. The Lessee shall not permit gambling on the premises. Specifically
prohibited are the use of gambling devices, such as slot machines, video gambling
machines, or other casino type devices that would detract From the family atmosphere.
District Engineers may allow the sale of state lottery tickets, in accordance with state
and local laws and regulations, as long as the sale of tickets constitutes a collateral
activity, rather than primary activity, of the Lessee. The Lessee shall not install or
operate, or permit to be installed or operated thereon, any device which is illegal; or use
the premises or permit them to be used for any illegal business or purpose. There shall
not be conducted on or permitted upon the premises any activity which would constitute
a nuisance.
b. As an exception, some games of chance, such as raffles, games and
sporting events, may be conducted by nonprofit organizations under special permits
issued in conjunction with special events, if permissible by state and local law. Any
request to conduct such activities must be submitted in writing to the District Engineer.
c. In accordance with state and local laws and regulations, the Lessee may
sell, store, or dispense or permit the sale, storage, or dispensing of beer, malt
beverages, light wines or other intoxicating beverages on the premises in those facilities
where such service is customarily found. Bar facilities will only be permitted if offered in
Non-State Park Lease 9
1 July 1997
connection with other approved activities. Advertising of such beverages outside of
buildings is not permitted. Carry out package sales of hard liquor is prohibited.
25. NATURAL RESOURCES
The Lessee shall cut no timber, conduct no mining operations, remove no sand,
gravel, or kindred substances from the ground, commit no waste of any kind, nor in any
mariner substantially change the contour or condition of the premises, except as may be
authorized under and pursuant to the Development Plan described in the Condition on
DEVELOPMENT PLANS herein. The Lessee may salvage fallen or dead timber;
however, no commercial use shall be made of such timber. Except for timber salvaged
by the Lessee when in the way of construction of improvements or other facilities, all
sales of forest products will be conducted by the United States and the proceeds
therefrom shall not be available to the Lessee under the provisions of this lease.
26. DISPUTES CLAUSE
a. Except as provided in the Contract Disputes Act of 197$ (41 U.S.C. § 601-
613) (the Act), all disputes arising under or relating to this lease shall be resolved under
this clause and the provisions of the Act.
b. "Claim," as used in this clause, means a written demand or written assertion
by the Lessee seeking, as a matter of right, the payment of money in a sum certain, the
adjustment of interpretation of lease terms, or other relief arising under or relating to this
lease. A claim arising under this lease, unlike a claim relating to the lease, is a claim
that can be resolved under a lease clause that provides for the relief sought by the
Lessee. However, a written demand or written assertion by the Lessee seeking the
payment of money exceeding $100,000 is not a claim under the Act until certified as
required by subparagraph c.(2) below.
c. (1) A claim by the Lessee shall be made in writing and submitted to the said
officer for a written decision. A claim by the Government against the Lessee shall be
subject to written decision by the said officer.
(2) For Lessee claims exceeding $100,000, the Lessee shall submit with the
claim a certification that:
(i) The claim is made in good faith;
(ii) Supporting data are accurate and complete to the best of the
Lessee's knowledge and belief;
(iii) and the amount requested accurately reflects the lease adjustment
for which the Lessee believes the Government is liable.
Non-State Park Lease 10
1 July 1997
(3) (i) If the Lessee is an individual, the certificate shall be executed by
that individual.
(ii) If the Lessee is not an individual, the certification shall be executed
by:
(A) A senior company official in charge at the Lessee's location
involved,
or
(B) An officer or general partner of the Lessee having overall
responsibility of the conduct of the lessee's affairs.
d. For Lessee claims of $100,000 or less, the said officer must, if requested in
writing by the Lessee, render a decision within 60 days of the request. For Lessee-
certified claims over $100,000, the said officer must, within 60 days, decide the claim or
notify the Lessee of the date by which the decision will be made.
e. The said officer's decision shall be final unless the Lessee appeals or files a
suit as provided in the Act.
f. At the time a claim by the Lessee is submitted to the said officer or a claim
by the Government is presented to the Lessee, the parties, by mutual consent, may
agree to use alternative means of dispute resolution. When using alternate dispute
resolution procedures, any claim, regardless of amount, shall be accompanied by the
certificate described in paragraph c.(2) of this clause, and executed in accordance with
paragraph c.(3) of this clause.
g. The Government shall pay interest on the amount found due and unpaid by
the Government from (1) the date the said officer received the claim (properly certified if
required), or (2) the date payment otherwise would be due, if that date is later, until the
date of payment. Simple interest on claims shall be paid at the rate, fixed by the
Secretary of the Treasury as provided in the Act, which is applicable to the period during
which the said officer receives the claim and then at the rate applicable for each 6-
month period as fixed by the Treasury Secretary during the pendency of the claim.
Rental amounts due to the Government by the Lessee will have interest and penalties
as set out in the condition on CONSIDERATION.
h. The Lessee shall proceed diligently with the performance of the lease,
pending final resolution of any request for relief, claim, appeal or action arising under
the lease, and comply with any decision of the said officer.
Non-State Park Lease 11
1 July 1997
27. ENVIRONMENTAL PROTECTION
a. Within the limits of their respective legal powers, the parties to this lease
shall protect the project against pollution of its air, ground, and water. The Lessee shall
comply promptly with any laws, regulations, conditions or instructions affecting the
activity hereby authorized, if and when issued by the Environmental Protection Agency,
or any Federal, state, interstate or local governmental agency having jurisdiction to
abate or prevent pollution. The disposal of any toxic or hazardous materials within the
leased area is specifically prohibited. Such regulations, conditions, or instructions in
effect or prescribed by the Environmental Protection Agency, or any Federal, state,
interstate or local governmental agency, are hereby made a condition of this lease. The
Lessee shall require all sanitation facilities on boats moored at the Lessee's facilities,
including rental boats, to be sealed against any discharge into the lake. Services for
waste disposal, include sewage pump-out of watercraft, shall be provided by the Lessee
as appropriate. The Lessee shall not discharge waste or effluent From the premises in
such a manner that the discharge will contaminate streams or other bodies of water or
otherwise become a public nuisance.
b. The Lessee will use all reasonable means available to protect the
environment and natural resources, and where damage nonetheless occurs from the
Lessee's activities, the Lessee shall be liable to restore the damaged resources.
c. The Lessee must obtain approval in writing from the District Engineer before
any pesticides or herbicides are applied to the premises.
28. ENVIRONMENTAL BASELINE STUDY
An Environmental Baseline Study (EBS) documenting the known history of the
property with regard to the storage, release or disposal of hazardous substances
thereon is attached hereto and made a part hereof as Exhibit E_ Upon expiration,
revocation or termination of this lease, another EBS shall be prepared which will
document the environmental condition of the property at that time. A comparison of the
two assessments will assist the District Engineer in determining any environmental
restoration requirements. Any such requirements will be completed by the Lessee in
accordance with the condition on RESTORATION.
29. HISTORIC PRESERVATION
The Lessee shall not remove or disturb, or cause or permit to be removed or
disturbed, any historical, archaeological, architectural or other cultural artifacts, relics,
remains, or objects of antiquity. In the event such items are discovered on the
premises, the Lessee shall immediately notify the District Engineer and protect the site
and the material from further disturbance until the District Engineer gives clearance to
proceed.
Non-State Park Lease 12
1 July 1997
30. SOIL AND WATER CONSERVATION
The Lessee shall maintain, in a mariner satisfactory to the District Engineer, all
soil and water conservation structures that may be in existence upon said premises at
the beginning of, or that may be constructed by the Lessee during -the term of, this
lease, and the Lessee shall take appropriate measures to prevent or control soil erosion
within the premises. Any soil erosion occurring outside the premises resulting from the
activities of the Lessee shall be corrected by the Lessee as directed by the District
Engineer.
31. TRANSIENT USE
a. Camping, including transient trailers or recreational vehicles, at one or more
campsites for a period longer than thirty (30) days during any sixty (60) consecutive day
period is prohibited. The Lessee will maintain a ledger and reservation system for the
use of any such campsites.
b. Occupying any lands, buildings, vessels or other facilities within the premises
for the purpose of maintaining a full- or part-time residence is prohibited, except for
employees residing on the premises for security purposes, if authorized the District
Engineer.
32. COVENANT AGAINST CONTINGENT FEES
The Lessee warrants that no person or selling agency has been employed or
retained to solicit or secure this lease upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees
or bona fide established commercial or selling agencies maintained by the Lessee for
the purpose of securing business. For breach or violation of this warranty, the United
States shall have the right to annul this lease without liability or, in its discretion, to
require the Lessee to pay, in addition to the lease rental or consideration, the full
amount of such commission, percentage, brokerage, or contingent fee.
33. OFFICIALS NOT TO BENEFIT
No Member of or Delegate to Congress or Resident Commissioner shall be
admitted to any share or part of this lease or to any benefits to arise therefrom.
However, nothing herein contained shall be construed to extend to any incorporated
company if the lease be for the general benefit of such corporation or company_
34. SITE-SPECIFIC CONDITION ON GROUND DISTURBANCE
Except as authorized herein, the Lessee shall not engage in any construction,
alteration, demolition, or ground disturbing activities on the premises, unless such
activities have been reviewed and approved by the District Engineer in accordance with
Non-State Park Lease 13
1 July 1997
the requirements of the National Historic Preservation Act of 1966 (16 USC 470, et
seq.). The Lessee shall be responsible for all costs, and any actions directed or
required by the District Engineer, which are associated with the National Historic
Preservation Act review process, or other applicable law.
35. SITE-SPECIFIC CONDITION ON CULTURAL RESOURCE STIPULATIONS
Cultural Resources Stipulations (the Stipulations) are attached to this Lease as
Exhibit F and incorporated herein by reference. The Lessee's cultural resources roles
and responsibilities under this Lease shall be governed by the Stipulations and
applicable laws or regulations. The Stipulations may be amended by the District
Engineer, after consultation with the Lessee, if necessary to comply with applicable laws
or regulations.
36. SITE-SPECIFIC CONDITION ON PESTICIDES -
a. The use of any pesticides (insecticide, herbicide, fungicide or rodenticide) on
outgranted lands or waters shall be in accordance with all applicable Federal, state, and
local laws, rules and regulations. The Lessee must obtain approval from the District
Engineer before any pesticides are applied to the premises. The Lessee shall report
actual usage of pesticides in the previous year and anticipated usage of pesticides in
the upcoming year on the Pest Control Plan attached as Exhibit G-1 and G-2. The
reports will be forwarded not later than January 10 of each year to the address identified
below. Usage reports will be reviewed by the District Pesticide Coordinator and shall be
considered approved unless the Lessee is notified otherwise. The form may be
reproduced as needed.
b. The Lessee shall be responsible for the control of all noxious weeds within
the outgranted area in accordance with all applicable Federal, state, county and local
laws, rules and regulations. Within seven (7) days after each application or treatment
with any approved pesticide, the Lessee shall complete a pesticide application record
(NPW Form 178). A copy of NPW Form 178 is attached as Exhibit H and may be
reproduced when needed. The form shall be mailed or delivered to:
Natural Resources Manager
Ice Harbor Lock and Dam Project
2763 Monument Drive
Burbank, Washington 99323
37. SITE-SPECIFIC CONDITION ON ENVIRONMENTAL COMPLIANCE
a. The District Engineer agrees to provide funding up to a maximum of $30,000
toward environmental compliance costs associated with the proposed renovation project
for playground equipment replacement. The funding is subject to availability of funds
Non-State Park Lease 14
1 July 1997
and is subject to the work being accomplished within 5 years from the date of lease
execution by the government.
b. The District Engineer agrees to provide funding up to a maximum of $30,000 toward
environmental compliance costs associated with the proposed renovation or
replacement of the existing east end park restroom facilities. The funding is subject to
availability of funds and is subject to the work being accomplished within 5 years from
the date of lease execution by the government.
c. The Lessee will notify the District Engineer in writing when beginning preparation of
plans and specifications for the playground and restroom projects_ Upon receipt of
notice from the Lessee, 'the District Engineer will begin to schedule and accomplish the
compliance work required for the project, subject to the availability of funds.
38. MODIFICATIONS -
This lease contains the entire agreement between the parties hereto, and no
modification of this agreement, or waiver, or consent hereunder shall be valid unless the
same be in writing, signed by the parties to be bound or by a duly authorized
representative; and this provision shall apply to this clause as well as all other
conditions of this lease.
39. DISCLAIMER
This lease is effective only insofar as the rights of the United States in the
premises are concerned; and the Lessee shall obtain such permission as may be
required on account of any other existing rights. It is understood that the granting of this
lease does not eliminate the necessity of obtaining any Department of the Army permit
which may be required pursuant to the provisions of Section 10 of the Rivers and
Harbors Act of 3 March 1899 (30 Stat.1151; 33 U.S.C. § 403), or Section 404 of the
Clean Water Act (33 U.S.C. § 1344).
IN WITNESS WHEREOF I have hereunto set my hand by authority/direction of
the Secretary of the Army this day of ,
ANTHONY J. HOFMANN
Lieutenant Colonel, Corps of Engineers
District Commander
Walla Walla District
Non-State Park Lease 15
1 July 1997
THIS LEASE is also executed by the Lessee this day of
JOYCE OLSON
Mayor
City of Pasco, Washington
CERTIFICATE OF AUTHORITY
I, , certify that I am the of the
CITY OF PASCO, WASHINGTON, that , who
signed the foregoing instrument on behalf of the lessee was then
of I further
certify that the said officer was acting within the scope of powers delegated to this
officer by the governing body of the grantee in executing said instrument.
Date
Clerk or Appropriate Official
Non-State Park Lease 16
1 July 1997
ACKNOWLEDGMENT
STATE OF WASHINGTON )
: ss
COUNTY OF WALLA WALLA)
On this day of , before me the undersigned
Notary Public, personally appeared ANTHONY J. HOFMANN, District Commander,
U.S. Army Engineer District, Walla Walla, Washington, known to me to be the person
described in the foregoing instrument, who acknowledged that he executed the same in
the capacity therein stated and for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
My Commission Expires:
Non-State Park Lease 17
1 July 1997
THIS INSTRUMENT PREPARED BY:
Paul Shampine, Realt Specialist
U.S. Army Corps of Engineers
Walla Walla District, Real Estate Division
201 N. Third Avenue
509-527-7324
REVIEWED FOR LE A SUFFICIENCY BY:
/_?ertEskildsen, Attorney -
U.S. Army Corps of Engineers
Walla Walla District, Office of Counsel
201 N. Third Avenue
509-527-7322
Non-State Park Lease 18
1 July 1997
I ,
xx t '±
t �MERRICK: y
TW
S W 114 S.E.IAi,WIA r- fiI�gJ�J N. R .�W�m-
saAat IADDIT ! I,
I
xx
�..- -. Begittimg of ditas — -
WE
x GO 'T LOT 2 to W 114 $EEyTE
e n14►C yl4 a E2]]6
,bae,242-88 x
' w :.� CONTROL CONTOUR" — ; W 1/4 xx ' xx
w GOVT. LOT 3 - -
.o t d.0 , y I d a.E / SEA/ n E . Y S{1/4
fFCQ`�arE - : •t R e R -- •----- _•ZF �, E
Y.
¢ g 1 .¢ &W,1/4 'o W.1/2 AI.E.1/4&W1/4
` .4.1.mE qVIE N-►-� 4 ° S.d11M M1LW.1/4
S.W 1/4
eov F LOT 4
E s,azE aee eaj /- CONTROL CONTi7L94
. . /,
LOT 5
XK
1 ,
3664 oos
R
sYi s th •
1 ' oos
9
"4�s.00 S °o
e E 2.a]s,,se.ze o
R;VCP ROAD
L ,CONTROL CONTO&W
• � -` $f� J• APPAOJL EL.360.0 � I
« LOT i ,
PtPU181 GOV'Y LOT 2
EA]EYERT
• 1894 BACKWAYER PR Lf W W.1/4 N.E.l!4 �
d
Jim swryw4fl
g z
• �� �� _ zx q 1 w
4; 1 0
fe
• nssr.�Trses °
..., t �.•. xX
1,1
OT $
or
Y. _,..,...�,�,.. .� ;-•vg's".. _ � -
wy t O ! .
y* P A� ' Match 4e f Sh st No.45
r
• I
I .
i
1
, O I
T
x I
N i
>.;. ry■� vo
1
I
• 1 •
O
A Tg
N�V
�m
, 1
I
•r
t I
q' 1
I ,
f ,
f+ 1
/ 1 '
T I•
1 I'
if a.asspao
0
I -
�/ Q
L'
r
wa
N
!' rp
r O
8m,140 000
..rr•. mffcc - �S �� I N .
Ya y &
♦ � X � v 2
ION pe
41• �
lb.
Al
..• _ , I f�. ;..��kr: err' �i3'�� .q, t f �.
f�y
may ?'ti!3 "�� � x �., +•
Y !i�C. � •�.`�ik $c�.':°T3�k�? ��r"..x' .,.stX :'3:r
i
i
'May 8,2007
Dear Paul:
In response to your request for the City's plans regarding Chiawana Park, I submit the following. The
City would plan to complete the proposed projects, subject to funding,within the approximate
timetables:
2007—2008
Pruning. There are a number of trees in the park that are in need of substantial pruning to remove
dead and dying materials The City will attempt to do this work in the next 2 years.
Convert Hand Line Irrigation. There is a section of the eastern portion of the park along the trail
near the river that is irrigated with moveable pipe. The City proposes to bring in fill material .
sufficient to cover lines for a fixed underground system for this area.
Installation of Milepost Markers. As part of its efforts to complete elements of the 9acagawea
Heritage Trail in the Tri-Cities,the City proposes to complete installation of milepost markers along
the trail portion along the levee from Road 54 to the West end of Chiawana Park.
2009—2010
Playground. The City proposes to replace the old playground equipment at the east end of the park.
Restroom. The east end restroom structure is not functional and needs to be replaced and, ideally,
connected to the sewer. The City proposes to undertake this work.
Parking Lots,Roadways. Most of these facilities are in need of resurfacing.
Exhibit C
INVENTORY AND CONDITION REPORT
CHIAWANA PARK & COLUMBIA RIVER SHORELINE
CITY OF PASCO LEASE NO. W912EF-1-08-??
QUANTITY ITEM AND DESCRIPTION CONDITION IN MCN-
1 Modular Residence (East end) Good 10040
1950 sq. feet; wood-framed; concrete
foundation; carport; patio
1 Boat Ramp w/parking area (East end) Good 8939
Ramp - 35' wide
Parking area — 168' x 48' Fair
1 Boat Dock (East end) Fair 9478
Wood; concrete; 95' long
1 Underground Irrigation System (East end) Poor 4547
8.5 acres of 9,600 LF PVC pipe and fittings;
pop-up sprinkler heads; solenoid valves;
8-circuit automatic controller
1 Pavement (Bike Path) (East end) Fair 4549
9' wide; asphalt;
(older path, away from the river)
1 Pumphouse (East end) Poor 4551
8' x 20'; concrete
1 Shop (East end) Good 5606
30' x 70'; metal with insulation; restroom;
(wiring suspect in building)
1 Comfort Station (East end) Poor 4554
29' x 241; concrete block
1 Parking Lot (East end) Fair 8900
75' x 210'; asphalt; w/gate
1 Road (East end to West end) Poor 8958
5280'; 2-lane; asphalt; w/gate
1 Playground Equipment(East end) Poor 8899
Metal; two slides; swings; clirnbing apparatus
1
Exhibit D
INVENTORY AND CONDITIONS REPORT (CONT)
CHIAWANA PARK
CITY OF PASCO LEASE NO. W912EF-1-??-??
QUANTITY ITEM AND DESCRIPTION CONDITION ID# MCN-
1 Entrance Sign (East end) Poor 8901
Concrete; metal
1 Fence (East end) Good 8938
415' long; 6' tall; chain link; three gates
1 Storage Building (East end) Poor 8918
24' x 30'; maint/shop; concrete block -
1 Storage Building (East end) Poor 8902
15' x 12'; wood w/metal roof
1 Comfort Station (West end) Good 9018
30' x 15'; concrete block
1 Fence (West end) Fair 9042
Newer section:
600' long; 6' high; w/seven 3' gates;
one double.gate, 14' long
Older section:
600' long; 6' high (poor condition)
1 Boat Dock (West end) Poor 9039
includes gangway; total of 175' x 7'; wood;
metal; concrete
1 Bike Path (West end) Good 9041
6' wide; asphalt; (runs next to the river the
whole length of the park before connecting
with the older bike path on east end)
1 Pumphouse (West end) Poor 4553
9' x 7'; concrete block
1 Parking Lot (West end) Poor 8978
525' x 75'; L-shaped; asphalt
3 Picnic Shelters (West end) Good 9038
Metal; wood; concrete base 25' x 35'
2
INVENTORY AND CONDITIONS REPORT (CONT)
CHIAWANA PARK
CITY OF PASCO LEASE W912EF-1-08-??
QUANTITY ITEM AND DESCRIPTION CONDITION lD# MCN-
1 Picnic Shelter (West end) Fair 9040
30' x 30'; pumice block; concrete base;
Wood top; w/ rock and tar roof
1 Playground Equipment(West end) Good 8998
Plastic; slides; climbing apparatus;
(area around playground is enclosed
with a concrete perimeter); (4) horseshoe
pits; volleyball court area
We, the undersigned, agree that at as of the date of this document the above
listed property is owned by the Government and is in the condition as
indicated.
City of Pasco Corps of Engineers
By: By:
Stan Strebel, Director Paul Shampine
Administrative and Community Realty Specialist
Services
Date: 2007 Date: 2007
3
Project Property Book Page 5 of 16 Project Property Book Page 6 of 16
Project ID: MCN Property ID Code: MCN-4547 Project ID: MCN Property ID Code: MCN-4549
Structure No.:P0097 Latitude: 46.24515566 Structure No.:P0099 Latitude: 4624744556
Longitude: -119.2078306 Longitude: -119.2052749
Location: CHIAWANA PARK-EAST END Location: CHIAWANA PARK-EAST END
Structure Type: Structure Type:
UNDERGROUND IRRIGATION SYSTEM-LABELED ON INSIDE SAVE,EAST END PAVEMENT(BIKE PATH)-LABELED ON METAL POST,CENTER OF BIKE PATH,NE
CORNER INTERSECTION,AT ENTRANCE TO PARK
Remarks: -
5.5 ACRES OF 9,500 LF PVC PIPE 6 FITTINGS,215 EA POP-UP SPRINKLER HEADS,5 EA Remarks.:
ELECT SOLENOID VALVES 1 EA a CIRCUIT AUTOMATIC CONTROLLER(RAINBIRD), $-FOOT WIDE ASPHALT BICYCLE PATH(OLDER,AWAY FROM THE RNER)
NEXT TO RIVER -
htps://w3nww.usam,army.mil/apps/remisroports/projectbook,abp 8/1/2007 https://vA.iiww,usw.army.mil/apps/remismepons/projeetbook-esp 8/1/2007
Project Property Book Page 7 of 16 Project Property Book Page 8 of 156
Project ID: MCN Property ID Code: MCN-*M 11006010 Project ID: MCN Property ID Code: MCN-4551
.t
rll
n 1.,
I III
A"' .
Strttture No.:P0100 Latitude: 48.245$9827 Structum NO,:P0101 Latitude: 4624545164
Longitude: -1152079578 Longitude: -119.2056712
LOCaftn: CHIAWANA PARK-EAST END Location: CHIAWANA PARK-EAST END
Structure Type: Structure Type:
FRAME DWELLING-LABELED ON CRAWL.SPACE IN CARPORT,OUTSIDE,METAL SIDE PUMPHOUSE-LABELED ON ENTRY BOX ON ROOF
Remarks: Remarks:
FRAME DWELLING;WICARPORT AND PRIVACY FENCE CONCRETE PUMPHOUSE
hups://w3.nww.usace.arrny_mii/apps/remisreports/pmjectbook.asp 8/1/2007 hops://W3Mw .UUCCLumy-fril/appstramisr*orts/pmjwtbook.asp 811/2007
Pmjeu Property Book Paso 9 of 16 Project Property Book Page 10 of 16
Project ID: MCN Property ID Code: MCN-5606 Project ID: MCN Property ID Code: MCN-4554
Structure No.:P0102A Latitude: 48-24628546 Structure No.:P0104 Latitude; 4624483474
Longitude: -118.2077336 Longitude: -119.2061858
Location: CHIAWANA PARK-EAST END Location: CHIAWANA PARK-EAST END
Structure Type: Structure Type:
SHOP-LABELED ON ELECTRICAL BOX BETWEEN DOORS COMFORT STATION-LABELED UNDER PATIO COVER MEN'S SIDE
Remarks: Remarks:
METAL WITH INSULATION;RESTROOM INSIDE;WIRING SUSPECT CONCRETE BLOCK COMFORT STATION
https://w3.nww.usace,4fmy.mil/apps/femisroporLlpmjectbook.asp 8/1/2007 httpsJ/w3nww.usaa.emry.mil/apps/remistepomJprojectbook.W 8/1/2007
Project Property Book Page 11 of 16 Project Property Hook Page 12 of 16
Project ID: MCN Property ID Code: MCN-8900 Project ID; MCN Property ID Code: MCN-5958
?rmaxw:rm � rmpm?
t I yx. w
Y i'r e �
M
Structure No.:P0406 Latitude: Structure No..P0407 Latitude:
Longitude: Longltudet
Location: CHIAWANA PARK EAST END Location: CHIAWANA PARK-EAST END
Structure Type: Structure Type:
PARKING LOT-LABEL IS ON FLAG POLE ROAD-LABEL ON GATE POST ON NORTH SIDE OF ROAD
Remarks: Remarks:
25 X 71)YARDS;ASPHALT;W/GATE 2 LANE;ASPHALT;W/GATE(GOES FROM THE EAST END OF PARK To THE WEST END
OF THE PARK)
https://w3.nww.usam.amty.mil/apps/mirdsteports/proje,ctbook-asp 8/1/2007 https://w3 nw .usuce.amry.mil/apps/romisreports/projectbookesp 8/1/2007
Project Property Book Page 13 of 16 Project Property Hook Page 14 of 16
Project ID: MCN Property ID Code: MCN-8902 Project 11): MCN Property ID Code: MCN-8899
P
Tr _
Structure No.:S0002 Latitude: Structure No.:T000t Latitude:
Longitude: Longitude:
Location: CHIAWANA PARK-EAST END Location: CHIAWANA PARK-EAST ENO
Structure Type: Structure Type:
STORAGE BUILDING-LABEL ON FENCE POST AT NORTH END OF BUILDING PLAYGROUND EQUIPMENT-LABEL ON FLAG POLE
Remarks: Remarks: -
WOOD WIMETAL ROOF;12'X 15`,INSIDE FENCED ENCLOSURE METAL;(2)SUOES;SWINGS;CLIMBING APPARATUS
hups:/W nww.mace.army.mil/apps/remisreports/projectbook.wp 8/1/2007 hops://w3.nww.usace.anny.mil/apps/remisreportyprojactbook.asp 8/12007
Project Property Book Page IS of 16 Project Properly Book Page 16 of 16
Project ID: MCN yy Property 10 Code: MCN-8901
Structure No.:Y0002 Latitude:
Longitude:
Location: CHIAWANA PARK-EAST END
Structure Type:
ENTRANCE SIGN-LABEL ON FLAG POLE
Remarks:
hops:/fw3.nww,osau.army.mil/apps/mrnisrspons/projectboolLwp 8/12007 https:/A Amww.usace.akmy.mil/apps/ratiwepom/projeetbook-asp 8/12007
Project Property Hook Page 1 of 10 Project property Book Page 2 of 10
Project ID: MCN Property ID Code: MCN-9018 Project ID: MCN Property ID Code: MCN-9042
Structure No.:COOOi Latitude: Structure NO.:F0402 Latitude:
Longitude: Longitude:
Location: CHIAWANA PARK-WEST END Location: CHIAWANA PARK-WEST END
Structure Type: Structure Type:
COMFORT STATION-LABELED ON BACK,DOUBLE DOORS FENCE-LABELED ON NORTH CORNER POST OF FENCE,CLOSEST TO THE CINDER
BLOCK WALL
Remarks:
CONCRETE BLOCK;30'X 15' Remarks:
NEWER CRNNUNK SECTION IS 200 YARDS LONG BY 6 FOOT HIGH W/(/)3'GATES AND
(1)DOUBLE 14'GATE,RUNS NEXT TO PARKING LOT AND ROAD LEADING TO EAST END
OF PARK(FENCE IN FAIR CONDITION,DOUBLE GATE IN POOR CONDITION);OLDER
CHAINUNK SECTION IS S FOOT HIGH BY 200 YARDS LONG,RUNS ALONGSIDE ROAD
FROM CROSSROAD 98 TOWARDS FAR WESTERN END OF PARK(IN POOR CONDITION).
https://w3.nww.mue.army.mil/appstran iueports/pmjutbw)Lasp 811/2007 Mips!//w3.nww.issue.amry.miVappstremisrepors/projecfb Icasp 8/112007
Project Property Book Page 3 of 10 Project Property Book Page 4 of 10
Project ID: MCN Property ID Code: MCN-9039 Project ID: MCN Property ID Cade: MCN-9041
Structure No.:K0005 Latitude: Structure No.:N0172 Latitude:
Longitude: Longitude:
Location: CHIAWANA PARK-WEST END Location: CHIAWANA PARK-WEST END
Structure Type: Structure Type:
BOAT DOCK-LABEL LOCATED ON SOUTH SIDE RAIL,AT JOINT IN RAMP BIKE PATH-LABEL ON KIOSK OF CONCRETE SHELTER
Remarks: Remarks:
BOAT DOCK INCLUDES GANGWAY.TOTAL OF 175 FEET LONG AND 7 FEET WADE. ASPHALT;6 FOOT WIDE;COMES INTO THE WEST END OF PARK,HEADS EAST(OR
WOODIMETALJCONCRETE VICE VERSA).RUNS THE WHOLE LENGTH OF THE PARK,CLOSE TO THE RIVER.
helps://w3.awwusam.army.mil/appskamismports/Projectbook.asp 8/j/2007 helps://w3.nww.unce.army.mil/appshanisroWruL 1pmjectbook,asp S/)/2007
Project Property Book Pago S of 10 Project Property Book Page 6 of 10
Project ID: MCN Property ID Code: MCN-4553 Project ID: MCN Property ID Code: MCN-8978
l
rrk
Structure No.:P0103 Latitude: 48,24953023 Structure No.:P0408 Latitude;
Longitude: A102162229 Longitude:
Location: CHIAWANA PARK-WEST END Location: CHIAWANA PARK-WEST END
Structure Type: Structure Type:
PUMPHOUSE-LABELED OVER DOOR PARKING LOT
Remarks: Remarks: -
CONCRETE BLOCK PUMPHOUSE W/1 EA TANK,PRESSURE,315 GALLON,1 EA 175 X 25 YARDS;L-SHAPED;ASPHALT
HYPOCHLORINATOR,PROPORTIONEERS SER.#TM 59992-MFS,1 EA PUMP,
UNIVERSAL
https;//w3.nww.usam.army.mil/Apps/remisrepoftlpmjacthook.asp 8/1!2007 https;//w3.nww.usace.army.mil/apps/remisr"rb/pmjec6wk.asp 8/1f2007
Project Property Book Pago 7 of 10 Project Property Book Page 8 of 10
Project ID: MCN Property ID Code: MCN-9038 Project ID: MCN Property ID Code: MCN-9040
� A
IFT
Structure No.:80294 Latitude: Structure No.:80285 Latitude:
Longitude: Longitude:
LOCatien:CHIAWANA PARK-WEST END Location'.CHIAWANA PARK-WEST END
Structure Type: Structure Type;
PICNIC SHELTERS(3)-ON NORTH POST BEHIND THE SHELTER PICNIC SHELTER-LABELED ON KIOSK
Remarks; Remarks:
METALNJOOD;CONCRETE BASE;25'X 35'EACH SHELTER A:CLOSEST TO COMFORT PUMICE BLOCK(ABOUT$'EXTENDED EACH WAY ON EACH CORNER;CONCRETE
STATION(DESIGNATION 1)&CLOSEST TO BOAT DOCK/GANOWAY(DES)GNATION 2) BASE:WOOD TOP;30'X 30;WITH ROCK/TAR ROOF AND SOME OF THE ROCK I$
C:FURTHEST WEST,NEXT TO OLDER PICNIC SHELTER(DESIGNATION 3) LOOSE.
https://3,nww.mac&. y.n)il/apps/remisreports/pmjecthook,asp 8/I/2007 lt"://w3.nww.uswek army.mil/apps/remisrports/project600k.asp 8/1/2007
Project Property Book Page 9 of 10 Project Property Book Page 10 of 10
Project ID: MCN Property ID Code: MCN-8998
a'
Structure No.:T0002 Latitude:
Longitude:
Location: CHIAWANA PARK-WEST END
Structure Type:
PLAYGROUND EQUIPMENT-LABELED ON K105K OF CONCRETE SHELTER
Remarks:
PLASTIC,SLIDES,CLIMBING APPARATUS,AREA AROUND PLAYGROUND ENCLOSED
WITHA CONCRETE PERIMETER;(4)HORSESHOE PITS;VOLLEYBALL COURT
https://W3.nww.usact,army.mil/apps/romisreporLs/projectbwk-asp 8/1/2007 https://w3.nw ..usew.army.miUepps/remiueportVpmjecthook-asp 8/1/2007
Project Property Hook Page 1 of 16 Project Property Book Page 2 of 16
Project ID: MCN Property ID Code: MCN-8939 Project 117: MCN Property ID Code: MCN-8938
I `z
Stricture No.:60001 Latitude: Structure No.;F0401 Latitude:
Longitude: Longitude:
Location:CHIAWANA PARK-EAST END Location:CHIAWANA PARK-EAST END
Structure Type: Structure Type:
BOAT RAMP-LABEL IS ON ENTRANCE SIGN FENCE-LABELED ON NORTH CORNER POST OF GATE
Remarks: Remarks:
RAMP IS 35'WIDE WITH ASSOCIATED TURN-AROUND,ROADAND PARKING AREA(56 X 415'LONG;e'TALL:CHAIN LINK WM GATES
Is YARDS)BOAT RAMP CONDITION IS CONSIDERED GOOD,WHILE THE PARKING AREA
IS CONSIDERED FAIR.
https://w3mw ,usac4.atmy.n it/apps/renrisrepom/pmjectbook.asp 811/2007 https:/Av3.i) w.usue.army.mil/apps/mmismports/pmjectbook.asp $/1@007
Project Property Book Page 3 of 16 Project Property Book Page 4 of 16
Project ID: MCN Property ID Code: MCN-9478 Project ID; MCN Property ID Code: MCN-8998
Structure No.!K0021 Latitude: Structure No.:M0001 Latitude:
Longitude: Longitude:
Location: CHIAWANA PARK-EAST END Location: CHIAWANA PARK-EAST END
Structure Type; - Structure Type:
BOAT DOCK STORAGE BUILDING-LABELED ON CORNER FENCE POST CLOSEST TO BUILDING
Remarks: Remarks:
MAINT/SHOP;CONCRETE BLOCK;24'X 30'
li
https://w3,nww.mace.army.nlil/apps/mmimports/projectbook-asp 8/l/2007 https:l/w3.nww.usue,army.mil/apps/remisrepoTts/Projectbook.asp 8/1/2007
ENVIRONMENTAL BASELINE STUDY
FOR
PROPERTY INSPECTION AND RECORDS EXAMINATION
(EBS)
RECOMMENDATIONS:
X ACQUIRE/DISPOSE/TRANSFER/OUTGRANT PROPERTY AS IS
ACQU I RE/D ISPOSE/TRANS F E R/O UTG RANT PROPERTY WITH
CLEANUP OF SOLID WASTE
ACQUIRE/DISPOSE/TRANSFER/OUTGRANT PROPERTY WITH
CLEANUP OF HAZARDOUS MATERIAL
OBTAIN PHASE I/PHASE II ENVIRONMENTAL AUDIT
Exhibit E
PROPERTY INSPECTION CHECK LIST
FOR
ENVIRONMENTAL BASELINE STUDY
(EBS)
Project Name: McNary Lock and Dam Project
Site Name: Chiawana Park and Columbia River Shoreline
Legal Description: Portion of Sections 20, 29, 28, 27 all in Township 9N, Range 29E.
Government Tract Nos.: XX-3561, XX-3500, XX-3559, XX-3558, XX-3557,
XX-3554, XX-3552, XX-3551, XX-3549, XX-3548, XX-3547, XX-3546, XX-3544, XX-3543,
XX-3542, XX-3541, XX-3539, XX-3538, XX-3537, XX-3536, XX-3534, XX-3533, XX-3532,
XX-3531, XX-3529
I. Environmental Conditions Observed:
NO YES
a. X Suspect/UnusualOdors
b. X Discolored Soil or Waste
C. X Discoloration of Water
d. X Distressed/Dead/Unusual Lack of Vegetation
e. X Abnormal Mounding
f. X Area(s) of Depression
g. X Other:
II. Other Observed Features:
NO YES
a. X Building/Structures (Active or Abandoned)
b. X Suspected Asbestos
C. X J Above Ground or Underground Storage Tanks
d. X Landfills
e. X Surface Impoundments
f. X Underground Injection Wells
g. X Drums/Containers/Hazardous Material Storage Areas
h. X Lagoons (Wastewater or Hazardous Waste)
i. X Incinerator
j. X I Waste Piles/Disposal Sites/Pools of Liquid
k. X Oil-filled Electrical Equipment/Transformers
I. X Standpipes, Vent Pipes, Etc., Coming out of the Ground
M. X Unexploded Ordnance
n. X Industrial/Commercial Facilities
o. X Wastewater Treatment Plant
P_ X Discharges to Surface Waters or Drainage Ditches
Type: Stormwater Unknown
q. X Potential Environmental/Agricultural Problems on Adjacent Land
r. X Access (road, trails, etc.)
S. X Telephone/Power/Pipe Lines
t. X Mining/Logging/Grazing Activity
U. X Sick or Dead Wildlife or Domestic Animals
V. X Other: Possible lead-based paint, solid waste dumping by public,
dead trees
Site Name: Chlawana Park and Columbia River Shoreline
Further Explanations Shall Be Noted on Exhibit "A" if Items under I and II are Checked yes.
Tract Owner Date of Last Deed Book Volume & Page,
Action Records of Franklin County, WA-
XX-3562 August Schuman et ux 15 July 1952 77/ 360
XX-3561 Louis Norfing 18 Aug 1952 78 / 25
XX-3500 WB Smith et ux 3 May 1950 . 72 / 437
XX-3559 Robert A. Gemmell, et ux 24 June 1952 771356
XX-3558 Gladys Thonney 27 June 1955 Civil Action 707
XX-3557 N.D. Sturgis et al 28 June 1955 Civil Action 752
XX-3554 Florence M. Merrick ,et vir 9 Nov. 1953 Civil Action 741
XX-3552 Florence M. Merrick, et vir 9 Nov. 1953 Civil Action 741
XX-3551 Florence M. Merrick, et vir 9 Nov. 1953 Civil Action 741
XX-3549 Albert E. Adams, et ux 21 May 1952 77 / 44
XX-3548 Harvey H. Olsen, et ux 21 Mar. 1952 75 / 51
XX-3547 Elmer E. Smith 23 June 1952 76 / 242
XX-3546 Frank A. Vis eret, et ux 14 Feb. 1952 76 / 92
XX-3544 Albert E. Adams, et ux 21 May 1952 77 / 44
XX-3543 Fred Huber, et ux 21 Jan. 1953 80 / 55
XX-3542 Merle G. Radelmiller 5 Mar. 1952 76 / 215
XX-3541 J.C. Bailie, et ux 24 June 1952 Civil Action 693
XX-3539 Harvy S. Cook, et ux 5 Mar. 1952 76 / 458
XX-3538 Ra Z. Simons, et ux 2 Jul. 1952 77 / 231
XX-3537 Myron C. Radelmiller, et ux 24 Nov. 1953 Civil 612
XX-3536 Sanford Skidmore, et ux 13 Feb. 1952 76 / 134
XX-3534 Arthur E. Stromm, et ux 4 Jan. 1952 76 / 337
XX-3533 George Sxal 19 April 1955 Civil Action 612
XX-3532 M.B. Summers 11 April 1952 76 / 218
XX-3531 Warren P. Godfrey- 25 Feb. 1952 76 / 210
XX-3529 Grover C. Russell, et ux 18 April 1955 Civil Action 606
III. Previous Contamination Found:
Petroleum Products
Degreaser/Solvents
Pesticides
Herbicides
Radioactive
Heavy Metals
Organic Chemicals
Ammunition
Underground Storage Tanks
None
Other
Explanation and Date of Any Remedial Action Taken: Suspected contamination only. No
actual testing was done to determine presence of contamination; however, there are several
areas of discoloration inside building and history of product storage/use.
Has an EA or EIS Been Performed/Prepared? YES or NO
Reconnaissance Sources
Site Visit
Public Records
Interviews (Stan Strebel (City of Pasco), Paul Shampine (USACE—Real Estate
Division), Lanell Adams (Natural Resources Mgr, USACE—Ice Harbor Proiect), Robert
Hays (Resource Maintenance Foreman, USACE—Ice Harbor Proiect))
Aerial Photos, (USGS, SCS, Tax Office, )
Internal District Records
NO YES
X a. Permits
X b. Contracts -
X c. Leases
X d. Easements
X e. Deeds
X f. Licenses
X g. Other
Maps
Other
Note: Discuss Relevant Former Uses on Exhibit "B"
RECORD EXAMINATION
Based on a record examination, no apparent environmental contamination as referenced in the
Code of Federal Regulations C.F.R. was present which would indicate that hazardous, toxic,
or radiological waste had been stored, released, or disposed of on the property as of
(Date)
Paul Sham pine Signed: c w "�L\
".�
Realty Specialist Date: i(� �;`ti�. I dc
PROPERTY INSPECTION
Based on the attached Property Inspection Checklist, including surface observations only, by
the undersigned, no apparent environmental contamination as referenced in the Code of
Federal Regulations C.F.R. was present which would indicate that hazardous, toxic, or
radiological waste had been stored, released, or disposed of on the property as of
16 August 2007
(Date)
Heather L. Humphreys Signed
Environmental Compliance Date: 3 August 2007
Coordinator, Ice Harbor
REVIEW
Based on the attached Property Inspection Checklist, no apparent environmental
contamination as referenced in the Code of Federal Regulations C.F.R. was present which
would indicate that hazardous, toxic, or radiological waste had been stored, released, or
disposed of on the property as of —.
(Date) /
Richard Carlton Signed. A T
Chief, Real Estate Division Date: o-7
APPROVAL
Based on the attached Property Inspection Checklist, no apparent environmental
contamination as referenced in the Code of Federal Regulations C.F.R. was present which
would indicate that hazardous, toxic, or ra iological waste had been stored, released, or
disposed of on the property as of Yht,10 7 .
(Date)
Don Redman Signed: �
Walla Walla District Environmental Date: r�4Jl�,��, .7
Compliance Coordinator r
TO:
SUBJECT: Request for Additional Baseline Study,
Based on the attached Property Inspection Checklist, possible environmental
contamination as referenced in the Code of Federal Regulations C.F.R. may exist on the
inspected property. Request that additional Environmental Baseline Study and/or other
documentation be provided.
Date
GRANTEE:
I acknowledge receipt of this Environmental Baseline Study (EBS) and I agree that should I not
concur with the findings contained herein I will document my objections and substantiate the -
reasons within 30 days of this day of
Name:
Signed:
Title: Date:
OR
i acknowledge the condition of this property as reflected in this Environmental Baseline Study
(EBS) this day of ,
Name:
Signed:
Title: Date:
r
FURTHER EXPLANATIONS FOR ITEMS I AND II
ll.a. Wells/wellhouses, including one abandoned wellhouse, irrigation pump, pumphouse 17-A,
restrooms (x2), house, shop, storage building, playgrounds (x2), boat launch, docks (x2), trail,
picnic structures (x3 small, x1 large shelter), parking lots, abandoned merry-go-round base
and seesaw pipe base.
Il.b. Based on age of facilities, asbestos is suspected. No testing was done to confirm.
Il.p. Stormwater drainage ditch at pumping plant/ditch 17-A.
Il.r. Roads, trails, parking lots exist.
II.s. Telephone, power, pipe lines exist. Easement for natural gas pipeline in place.
I I.v. Other:
Possible presence of lead-based paint, based on age of facilities. No testing was done
to confirm. -
Presence of solid waste disposal by public, located north of boat launch river inlet area;
dumping includes railroad ties, metal signposts, concrete chunks, and asphalt.
Dead trees are located in few locations throughout park are in need of
removal/trimming.
III. Bold/underlined items indicate presence of possible contamination. No testing was done to
confirm; however, inside maintenance storage building, there were various minor residual
stains seen on the floor and on shelves inside cabinets. They appeared to be from various
petroleum and other chemical products. The cabinet had names of previous contents
handwritten on the inside door. Due to the history of typically used and stored products used
and stored for maintenance use, it is suspected that there may be contamination.
Cultural Resources Management Stipulations
Chiawana Park and Columbia River Shoreline Lease
Preface
The following guidelines have been specifically developed to identify the cultural
resources roles and responsibilities the Lessee will assume on those Federal
lands that are part of the Chiawana Park Lease Agreement (Agreement). While
ultimate responsibility for the oversight and protection of cultural resources rests
with the Federal agency (i.e. Walla Walla District, Army Corps of Engineers
[Corps]), the Lessee will also assume a proactive role in meeting cultural
resources obligations. The following guidelines identify the actions and
procedures the Lessee will take in response to specific situations to insure
cultural resource compliance requirements are met and adequate protection is -
provided to known Cultural sites/resources.
Cultural Resources
Aside from the fact that Federal mandates exist which require that the effects of
actions by Federal agencies on these resources be considered, it is important to
define cultural resources and explain why efforts are being made to preserve
them.
Cultural resources are the nonrenewable remains of human activity, occupation,
or endeavor, reflected in districts, sites, structures, buildings, objects, artifacts,
ruins, works of art, architecture, and natural features, that are significant in
American history, architecture, archaeology, or culture. These resources consist
of (1) physical remains, (2) areas where significant human events occurred even
though evidence of the event may no longer remain, and (3) the environment
immediately surrounding the actual resource. They are the tangible
representatives of our past and are finite, unique, and non-renewable. Because
they are nonrenewable and are diminishing in number at an ever-increasing rate,
we must consider very carefully what these resources mean to us. The
preservation of cultural resources has social, psychological, economic, and
cultural benefits. Cultural resources are the artifacts of human behavior and
human belief. They provide us with a sense of our place in time and tradition by
acting as a tangible link with people who have lived before us and with those who
are yet to come. Cultural resources provide us with hard, physical evidence of
cultural continuity.
Consultant
The Lessee shall provide evidence to the Corps that it has secured the services
of a qualified cultural resources consultant (Consultant) who meets the
professional standards set out by the Secretary of the Interior. Consultant
Exhibit F
services shall be secured and verification of availability of these services
submitted to the Corps' Real Estate Division as consultant services are required.
Compliance Process for Proposed Undertakings
As mandated by law and regulation (i.e. National Historic Preservation Act
[Section 1061, and 36 CFR Part 800), Federal agencies are required to assess
potential impacts to historic properties (cultural resources) that might result from
proposed activities/undertakings. The Section 106 process must be completed
prior to the start of the activity itself. Therefore, the Lessee or its sub-lessees or
contractors shall not undertake construction, alteration, demolition, or ground-
disturbing activities of any kind on Corps leased lands and/or Corps owned
buildings until the following actions have been completed.
-The Lessee shall submit a written description for each proposed activity (i.e. -
undertaking) along with a map showing the location of the proposed undertaking
to the Corps' Real Estate Division. The Lessee will use the form provided in
Appendix C for submittal of required project information.
-The Corps shall review each proposed undertaking to determine the extent of
required Section 106 activities including any testing, evaluation, or mitigation.
-The Corps' Real Estate Division shall inform the Lessee of the required action(s)
to be taken in response to each proposed undertaking. The Lessee shall be
responsible for conducting any and all actions required by the Section 106 review
process, as well as any costs associated therewith. Only qualified cultural
resources personnel who meet the Secretary of the Interior's standards shall
conduct required cultural resources work (Appendix B).
-The Lessee shall insure that an Archaeological Resources Protection Act
(ARPA) application and permit is obtained by the entity performing the identified
investigations prior to conducting any identified cultural resources investigations
associated with a proposed project on Corps leased land. Both ARPA application
forms and permits are provided/issued by the Corps' Real Estate Division
(Appendix D). A 30-day review period is required before the ARPA permit can be
issued. All reports and other documentation generated under ARPA permits will
be subject to Corps review and comment prior to the Lessee submitting final
copies.
-The Lessee shall provide the Corps' Real Estate Division with a final report of
findings and/or other appropriate documentation as identified by the Corps that
summarizes the results of cultural resources actions taken in response to each
proposed undertaking. Any document prepared by the Lessee under an ARPA
permit or otherwise that identifies specific cultural resources site locations on
Corps land shall be exempted from public disclosure. The Lessee shall insure
i
that all information on site-specific locations is not released to the public and is
further limited only to personnel who need to be aware of such information.
-The Corps shall consult/coordinate with appropriate parties (e.g. Washington
State Historic Preservation Office [SHPO], Indian tribes, etc.) regarding each
proposed undertaking. By regulation (i.e. Section 106 process), there is a 30-day
mandatory waiting period for submittal/receipt of comments before a project can
proceed. (NOTE: The 30-day waiting period is a minimum. Longer time periods
may be required depending upon the nature of the work, if cultural resources will
be affected, and the coordination process with consulting parties.)
-The Corps shall obtain Section 106 cultural resources clearance for each
proposed undertaking and the Corps' Real Estate Division will notify the Lessee
when this has occurred.
-The Lessee can proceed with each proposed undertaking only upon receiving
written confirmation from the Corps' Real Estate Division that the Section 106
process is complete for each specific activity.
NOTE: The Corps shall work with the Lessee to identify leased lands and/or
types of activities that may be exempted from Section 106 reviews. Any
proposed modifications to the Section 106 process will first have to receive
clearance and will be coordinated with the Washington State Historic
Preservation Office, appropriate Indian Tribes, and other interested parties.
-If disturbance is encountered in the course of management activities, the Lessee
shall arrange for inspection of the disturbed area(s) by a qualified Consultant
within 48 hours of the time of discovery. The Consultant will determine if the
identified disturbance has impacted cultural resources. If so, the Consultant will
fill out the attached form (Appendix E) and the Lessee shall submit a copy of it to
the Corps' Real Estate Division within seven (7) days of the Consultant's
inspection. The Lessee will take additional steps to prevent further disturbance
from happening (e.g. additional monitoring, surveillance, etc.). If cultural
resources are being impacted, the Lessee shall also insure that the Corps' Real
Estate Division is notified within 24 hours of the Consultant's site disturbance
inspection. The Corps will assess the situation and in consultation with the
Lessee, determine an appropriate response.
Inadvertent Discoveries
In the event an inadvertent discovery (i.e. human remains or cultural material) is
made while ground disturbing activities are occurring or is otherwise discovered,
all work and other activities that might impact the find will immediately stop and
the Lessee will notify the Corps' Real Estate Division within 24 hours of
discovery. In addition, the Lessee will also insure the remains are protected from
further disturbance. No work in the discovery area will resume until Corps
cultural resources staff have assessed the find, determined the appropriate
actions needed, and completed all necessary compliance and coordination
activities. The Corps' Real Estate Division will notify the Lessee when work can
resume/proceed. If inadvertent discoveries are made outside of a ground
disturbing action (e.g. monitoring, recreation, etc.), the procedures identified in
the preceding paragraph that are appropriate for the particular situation will be
followed.
Emergencies
For purposes of these guidelines, an emergency is defined as a situation that
requires immediate attention to avoid material (i.e. property) and/or financial loss
or the potential for injury or loss of life. If an emergency situation should occur,
the Lessee will immediately contact 'the Corps' Real Estate Division, identify the
nature of the emergency, and identify the type of work required to address the
emergency. The Corps will review the information/situation and respond through
the Corps' Real Estate Division within 24 hours of notification regarding cultural
resources matters. The Lessee will take no action until notified by the Corps to
proceed with work unless loss of life or injury or loss of property is imminent. In
such cases, the Lessee will document the need for taking immediate action.
(NOTE: Emergency situations should not be used as a means for circumventing
or shortening/abbreviating the Section 106 process.)
Lessee's Cultural Resources POC
Within 30 days of execution of the lease, the Lessee will provide the Corps' Real
Estate Division with the name of its designated cultural resources point of contact
(POC)_
' V
PEST CONTROL PLAN
■i
GRANTEE: DATE: OUTGRANT NO.: W912EF- _
ACTUAL USE - PREVIOUS YEAR
Name of Pesticide EPA Registration No Classification Quantity of Area Treated Target Pests Location of Use
building,etc
❑ NO ACTUAL USE
N
PEST CONTROL PLAN
■m
GRANTEE: DATE: OUTGRANT NO.: W912EF- _
x
ANTICIPATED USE - UPCOMING FEAR W
Name of Pesticide EPA Registration No Classification Quantity of Area Treated Target Pests Location of Use
General or Restricted) Pesticide t 1 building-e
NO ANTICIPATED USE
NPWOP PESTICIDE APPLICATION RECORD
Project: Operator:
Certification: Date:
Pest Treated: ---
Site Treated.-
Purpose:
Conditions During Treatment:
Air Tern-: Water Temr%:
Overcast: Wind Dir.: Vel.:
Pesticide Record:
Common Name: _ %Active Ingredient:
Manufacturer: E.P.A. Reg.:
Registered Use:
Mixture or Form Applied:
Application Rate Gal/AC: Lbs/Ac:
Method:
Special Precautions:
Accumulative Treatment: (Quantity of pesticide applied to a given area)
TREATMENT TALLY WORK TALLY
Units Treated Quantity Used Survey Labor Supervision
Previous
Present
Total
COOPERATING AGENCIES:
MONITORING:
REMARKS:
I hereby certify that this information is a true and correct record of pesticide application as required by the state in
which this application was made.
(Signature of Operator)
NPW Form 178e
May 1979
Exhibit H
ADMINISTRATIVE AND COMMUNITY SERVICES DEPARTMENT
it i V1 .
• I P.O.BOX 293,525 NORTH THIRD AVENUE,PASCO,WASHINGTON 99301
DIVISIONS
ADMINISTRATIVE
SERVICES
November 20, 2007 (509)544-3096
FAX 543-5727
CITY CLERK
(509)545-3402
FAX 543-5727
Paul Shampine
FAClLITlES
Realty Specialist SERVICES
Walla Walla Dist. Corps of Engineers (509)543-5757
FAX 543-5758
201 North Third Ave.
Walla Walla WA 98362-1876 FINANCE
SERVICES
(509)545-3401
Re: Caretaker House at Chiawana Park FAX544-3082
INFORMATION
SERVICES
Dear Mr. Shampine: (509)545-3419
FAX 543-5758
As we have previously discussed, in the event that the City and the.Corps of Engineers enter RECREATION
SERVICES
into a lease agreement for Chiawana Park,the City would like the option to lease the (509)545-3456
caretaker home in the park. In addition to providing some revenue to offset park expenses, FAX545-3455
(and perhaps more importantly) having the house occupied will help minimize deterioration
of the structure.
The City understands that federal regulations require some nexus between the use of the
home and the care and maintenance of the park property. The City prefers not to make
residency in the park a part of the employment terms for its regular maintenance personnel,
however, it is interested in renting the house as part of a package for a contract employee
who would perform limited park security functions throughout the year. Please see the
attached employment ad which generally outlines what the City proposes in this regard. The
City would like the option to pursue this concept.
Please have the appropriate representative of the Walla Walla District office sign below,
indicating the COE approval of this concept. Thank you.
Sincerely,
Stan Strebel
Administrative and Community Services Director
Approved:
By: Date:
Security Caretaker Chiawana Park
The City of Pasco is seeking a year-round, part time resident security caretaker for Chiawana
Park. This is a contract position which requires opening and closing park gates each day
during the summer park season(May to September) and monitoring park activity throughout
the year. Residence at the park caretaker home (1,820 sq. ft., one level, 4 BR, 2.5 B, office,
carport)is required. No children. Must be at least 55 years of age. No prior experience
necessary. References are required. Compensation from $XXX to $XXX/mo. depending on
workload. Home rental: $XXXX/mo. plus utilities. For further information contact: City of
Pasco,Department of Administrative and Community Services, (509) 543-5757. To submit
a letter of interest contact the Department at: PO Box 293, Pasco WA 99301,by
the requirements of the National Historic Preservation Act of 1966 (16 USC 470, et
seq.). The Lessee shall be responsible for all costs, and any actions directed or
required by the District Engineer, which are associated with the National Historic
Preservation Act review process, or other applicable law.
35. SITE-SPECIFIC CONDITION ON CULTURAL RESOURCE STIPULATIONS
Cultural Resources Stipulations (the Stipulations) are attached to this Lease as
Exhibit F and incorporated herein by reference. The Lessee's cultural resources roles
and responsibilities under this Lease shall be governed by the Stipulations and
applicable laws or regulations. The Stipulations may be amended by the District
Engineer, after consultation with the Lessee, if necessary to comply with applicable laws
or regulations.
36. SITE-SPECIFIC CONDITION ON PESTICIDES
a. The use of any pesticides (insecticide, herbicide, fungicide or rodenticide) on
outgranted lands or waters shall be in accordance with all applicable Federal, state, and
local laws, rules and regulations. The Lessee must obtain approval from the District
Engineer before any pesticides are applied to the premises. The Lessee shall report
actual usage of pesticides in the previous year and anticipated usage of pesticides in
the upcoming year on the Pest Control Plan attached as Exhibit G-1 and G-2. The
reports will be forwarded not later than January 10 of each year to the address identified
below. Usage reports will be reviewed by the District Pesticide Coordinator and shall be
considered approved unless the Lessee is notified otherwise. The form may be
reproduced as needed.
b. The Lessee shall be responsible for the control of all noxious weeds within
the outgranted area in accordance with all applicable Federal, state, county and local
laws, rules and regulations. Within seven (7) days after each application or treatment
with any approved pesticide, the Lessee shall complete a pesticide application record
(NPW Form 178). A copy of NPW Form 178 is attached as Exhibit H and may be
reproduced when needed. The form shall be mailed or delivered to:
Natural Resources Manager
Ice Harbor Lock and Dam Project
2763 Monument Drive
Burbank, Washington 99323
37. SITE-SPECIFIC CONDITION ON ENVIRONMENTAL COMPLIANCE
a. The District Engineer agrees to provide funding up to a maximum of $30,000
toward environmental compliance costs associated with the proposed renovation project
for playground equipment replacement. The funding is subject to availability of funds
Non-State Park Lease 14
1 July 1997
and is subject to the work being accomplished within 5 years from the date of lease
execution by the government.
b. The District Engineer agrees to provide funding up to a maximum of $30,000
toward environmental compliance costs associated with the proposed renovation or
replacement of the existing east end park restroom facilities. The funding is subject to
availability of funds and is subject to the work being accomplished within 5 years from
the date of lease execution by the government.
c. If the Lessee chooses to submit the renovation projects as a combined project for
the playground equipment replacement and the replacement of east end park restroom
facilities rather than as outlined in 37.a. and 37.b. above, the District Engineer agrees to
provide funding up to a maximum of $60,000 toward environmental compliance costs
associated with the combined projects. The funding is subject to availability of funds
and is subject to the work being accomplished within 5 years from the date of lease
execution by the government.
d. The Lessee will notify the District Engineer in writing when beginning preparation
of plans and specifications for the playground and restroom projects. Upon receipt of
notice from the Lessee, the District Engineer will begin to schedule the compliance work
required for the project, subject to -the availability of Funds. The Lessee will provide a
scope for each project in sufficient detail to enable the Corps to begin the compliance
work. Lessee understands that any changes in scope may result in delay and
increased cost to complete the compliance work. Lessee shall be responsible for all
compliance work required by state and local laws or regulations, in accordance with
Condition 7a of this lease.
38. MODIFICATIONS
This lease contains the entire agreement between the parties hereto, and no
modification of this agreement, or waiver, or consent hereunder shall be valid unless the
same be in writing, signed by the parties to be bound or by a duly authorized
representative; and this provision shall apply to this clause as well as all other
conditions of this lease.
39. DISCLAIMER
This lease is effective only insofar as the rights of the United States in the
premises are concerned; and the Lessee shall obtain such permission as may be
required on account of any other existing rights. It is understood that the granting of this
lease does not eliminate the necessity of obtaining any Department of the Army permit
which may be required pursuant to the provisions of Section 10 of the Rivers and
Harbors Act of 3 March 1899 (30 Stat.1151; 33 U.S.C. § 403), or Section 404 of the
Clean Water Act (33 U.S.C. § 1344).
Non-State Park Lease 15
1 July 1997
7 r
y k
x;
c i
I ,
h�r7T
1 AP a �
L d` c e yr�,t ty
ljl1.
3 IC s d i 1 �
Qh a #
VL
5 �
t
1;
r b { 1
l
r !
4th q ;
t k r
'A;•r 1A1.4 ! -IS '.b y ,�d "f Ay .{ (I..
• A f vl3 �..' ♦l t t 7d t
Introduction It is the responsibility of the U.S. should be made to the nearest Corps office. Permit
Army Corps of Engineers to manage and protect the natural applications.are evaluated on a case-by-case Basis under a
resources of public lands now and in the future. To help number of criteria: compliance with applicable laws/policies,
accomplish this task,we rely on adjacent landowners' spirit private exclusive use considerations,safety aspects of the
of stewardship for these beautiful lands—lands managed by proposed action,and potential impacts to land/water habitats,
the Corks for everyone to enjoy. Corps structures(levees),protected species, cultural/historical
resources, navigation and commercial entities.
Corps-managed public lands in the Walla Walla District are
typically located along lakes and rivers where our darns and Depending upon the details of a request,other federal and
related facilities have been constructed. While not all state agencies'policies may apply and require consideration
shoreline lands contain Corps-managed areas,much of it in the evaluation process.
does. In some places,it's a narrow strip of land.running along Encroachment $ Trespass Encroachment and
the shore; in other areas,it includes many acres of protected trespass violations constitute unauthorized use of government
habitat. property. Trespasses are usually transient or non-permanent
Often,adjacent private Lands for sale are advertised as in nature,like dumping garbage or grass clippings,mowing,
"waterfront property,"creating the impression that the grazing livestock,.ga rdening,timber cutting,spraying
property boundaries include the shoreline, Unauthorized use herbicides or pesticides,placing unattended personal property
of public or flowage easement lands is prohibited. Owners on public property,or planting trees, shrubs or other
and prospective buyers of property located next to Coups vegetation. Encroachments typically have a more
managed lakes and rivers are strongly permanent impact to public property
encouraged to verify property boundaries including,but not limited to,the
before conducting any work that would '` construction of buildings, roads,fences,
disturb the ground or vegetation. ponds,or any other facilities,
This pamphlet provides information and placement of till material or
answers some common questions that landscaping,septic tanks,drain fields,
adjacent property owners ask about utility lines orirrigatian systems.
Corps management policies for Flowage easements
public lands and flowage
easements. Perpetual flowage easement
Interests,which the
Your rights as an government holds on
adjacent land owner ^°`°°`''"" property owned by others,
Property owners adjacent to public grant:the government full,
lands have the same rights and ,�� ��M complete and perpetual right,
privileges as other citizens. power and privilege to
However,adjacent property owners " M overflow,flood and submerge
have no additional or implied rights by virtue
*�. lands as part of the operation
of the location of their property. and maintenance of water
resource projects.
It is the policy of the Walla Walla District to
protect the natural resource base and integrity A description of the rights acquired by the government is
of'public lands by preventing new encroachments and recorded in the appropriate deed or other county records.
by resolving existing ones by fair,consistent and timely use In some instances,the reference to a flowage easement
ofall available remedies. restriction is omitted during the preparation of new deeds
with changes in property ownership. This omission does not
The District acknowledges instances of inconsistent diminish the legality or validity of flowage easement
enforcement of this policy in the past because of lack of restrictions over the property involved. When proposing to
available resources and/or funding. Inaction in the past, purchase land that you think may be subject to a Corps'
however,shall not provide a basis to deviate from appropriate flowage easement or is adjacent to Corps-managed land,you
enforcement and/or resolution actions in the future. should contact the Walla Walla District Real Estate Office or
Corps policy generally prohibits private exclusive use of public the local Corps office.
land by adjacent private property owners or any member of the The Corps is engaged in preserving and/or restoring the
Public which leads the public to believe public land is privately natural scenic beauty of the lands we manage for the public.
owned. Adjacent land owners may request permission for We appreciate adjacent landowners'cooperation and
uses such as mowing or other vegetation modification, partnership in being responsible stewards of the flood
building a boat dock,establishing a fire break, constructing prevention structures that protect our communities and some
stairs or a path,etc.,on Corps-managed public lands, of the most beautiful,natural resource areas along rivers and
All requests involving public or flowage easement lands reservoirs in the Walla Walla District.
Posts pins T Ile U.S.Amy Corps of Engineers°development and
9 stewardship of water-resource projects and associated public
lands in,the.Mid-Colu-nibia region and Snake River basin
and markers. . . predate the 1948 establ ishment of the Wal la Walla District.
Public lands owned in fee by the government are defined by
the U.S,Reservation boundary line. Through the decades,
many,types of markers were used to identify the boundaries
,k`s �Yh a, r ; `aid i kt1 11t �i l�tlS t11 tI� t�le C01p5' Walla Walla District.
q.
t_
rAA'
� � ? 14 'g,gp to'PIP_ .In�t�,purvey pins
ortir►�t , uryey marked trees in
pp
jig.s r P Po + # d st� 1atr�a5 t 1X1 Sr115 a tld
�2 al or
�,�
e�ty�r� �rrionttrtl�u���itlt a br'a'ss
Tt lc�tti�rt
WNW, " oyy,� lin
' a `fi11 � ASS
. 1
ustlalI.y
,
'' w stfia iatlt {;gri 4"fi p�asl Markers.
y e c1ta"� t"l tllglroun(tq first refer to
r a1 a ko t
],"location of
Rig
Y
' t
4
S`;1. F h61
FA
Far mQ Ice:
7N
Lower. a a �M rid9 ment
100
(509)751-t
Ice Hark
1215E AirF 0 t ° � , � ttw � .: > fmy.rnil
x w . , � ��y
5Ci9 54 '; ' a y a I)V on
( ) s� i� li l I } Me'H' dga mars
uwor�haklV t1 s N ,
P.O ,gg;
w r -rp rmvhlil
Ahsahka,°ltd
k
(208)478'12$1 �7,�
DworshakRe' GreatGOn-N aturatResaurces @usata,amlybmtl Luckyl�eakLaka @u$aca':a�irtymil: �r'
`l
a
i
Y+
a
I�
r
Q- What is meant by the phrase,"create the appearance of Q-May I construct a fence along my boundary to mark my
private ownership?" property line?
A-That phrase refers to activities/actions taken by adjacent A-Fences and shrub rows may be constructed by adjacent
property owners making it appear they own public land. landowners on their prolmriv to delineate their boundary.
Activities creating the appearance of private ownership Q-Are there any restrictions on the type of buildings or
include establishing grass lawns or landscaping,the other facilities that can be constructed oil flowage easements?
placement of personal items like sheds, furniture,vehicles or A-As an owner of land subject to flowage easements,you
trailers on public land,etc. Corps policy generally prohibits may not construct or maintain any structure for human
private exclusive use of public land by adjacent private habitation,permanent or temporary,oft the flowage
property owners or any member of the public which leads the easement land.. Generally, you may not place or raise a
public to believe public land is privately owned, structure within the easement area by use of piling or other
Q-Does private property extend down to the shoreline? type of foundation or raise the site through use of fill.
A-.Except'under unusual circumstances,private property Owners of land subject to flowage easements may request,
does not extend to the waterline(i.e.normal pool levels). in writing, permission from the District Engineer to build.
Even if private property lines extend into the water,this does any structure,other than those designed or intended for
not exempt landowners from complying with the rules and human habitation. These structures include,but are not
regulations regarding Waters of the United States. limited to,buildings,ramps, ditches,channels,dams,dikes,
wells, ponds,roads and utility lines.
Q-Since my property adjoins public land,can I stow or cut
brush beyond my boundary line? Q-How far away from the government property line on my
property should 1 construct a building'.
A-You may be eligible to apply for a vegetation modification A-Check.your city and.county zoning laws and setback
permit. The amount that can be mowed,if any,varies by requirements to ensure compliance with local laws.
location because of different site characteristics and Regardless of municipal code,federal policy requires
environmental conditions. Contact the nearest Corps office
fur information on policies and penults for your location. buildings on adjacent lands be constructed so that no part of
it is built on or overhangs government property. You should
Q-There are trees blocking my view of the river—can I cut also leave enough room around the building to perform
them down or remove thew? maintenance without impacting government property.
A-Trees alone a shoreline typically provide high-quality Q-What type of activities are permitted on flowage
wildlife habitat and shoreline erosion protection and may not easement lairds?
be removed, In some cases,trees considered to be invasive A-Owners of land subject to easements may clear,plant
species or on a state noxious weed list might be allowed to be vegetation,or otherwise use the.flowage easement property
removed, but only with full replacement mitigation and not as desired,if not in conflict with the terms or rights acquired
for purely aesthetic reasons. Each request for vegetation by the government. Owners also have the right to sell or
alferation is evaluated on a site-specific basis. lease the flowage easement land to others, subject to all.the
Q-May l construct a road or trail to the'lake to provide restrictions contained in the flowage easement instrument.
better access? Q-Why does the distance from the government boundary line
A- Roads,improved pathways or any other access facilities to the shoreline vary?
may not be built on public land without a license. Access A-The distance from the government boundary line to the
licenses are typically granted only if such would benefit the shoreline varies based on the local topography and the
genersl public or serve an operational purpose. acquisition policy in place when project lands were acquired,
".....
ix, b�
tw�Yf
t
VV
k r" `
t
i-MIR
rte,�^r a•to wF+^i
2 �
. .. � n•a 6�-�sb k a
_ ,Ff
W -
�
CL >
wo
_ df�
f1
fir
Cr
w� r
♦C� r R•y^H.
i ti
7.
r•v?b�, ..§fs i.
a ' r ADMINISTRATIVE AND COMMUNITY SERVICES DEPARTMENT
P.O.BOX 293,525 NORTH THIRD AVENUE,PASCO,WASHINGTON 99301
DIVISIONS
November 20,2007 ADMINISTRATIVE
(509)544-3096
FAX 343-5727
CITY CLERK
Paul Sham pine FAX 545-34
P FAX 543-5717 7
Realty Specialist
s of Engineers FACILITIES
Walla Walla Dist. Corps g� SERVICES
201 North Third Ave. (509)543-5757
Walla Walla WA 98362-1876 FAX543-5758
FINANCE,
Dear Mr. Sham pine: SERVICES
p (509)545-340I
FAX 544-3081
In response to your request for the City's plans regarding Chiawana Park,I submit the following. INFORMATION
Assuming the City and COE enter into a lease agreement for the park,the City would plan to SERVICES
complete the proposed projects, subject to funding,within the approximate timetables as follows: (509)545-3419
FAX 543-5758
2008—2009 RECREATION
SERVICES
Pruning. There are a number of trees in the park that are in need of substantial pruning to remove (509)545-3456
dead and dying material. The City will attempt to do this work in the next 2 years. FAX545-3455
Convert Hand Line Irrigation. There is a section of the eastern portion of the park along the trail
near the river that is irrigated with moveable pipe. The City proposes to bring in fill material
sufficient to cover lines for a fixed underground system for this area.
Installation of Milepost Markers. As part of its efforts to complete elements of the Sacagawea
Heritage Trail in the Tri-Cities,the City proposes to complete installation of milepost markers along
the trail portion along the levee from Road 54 to the West end of Chiawana Park.
2010-2012
Playground. The City proposes to replace the old playground equipment at the east end of the park.
Restroom. The east end restroom structure is not functional and needs to be replaced and, ideally,
connected to the sewer. The City proposes to undertake this work.
Parking Lots,Roadways. Most of these facilities are in need of resurfacing.
Thank you for this opportunity to provide this information.
Sincerely,
Stan Strebel
Administrative and Community Services Director
AGENDA REPORT
FOR: City Council November 21, 2007
TO: Gary Crutch W4anager Workshop Mtg.: 11/26/07
FROM: Lynne Jackson Human Resources Manager
SUBJECT: 2008 COLA for Non-Represented Employees
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
11/26: DISCUSSION
III. FISCAL IMPACT:
Estimated fiscal impact of 3% cost of living adjustment:
• Non-management: $130,000
• Management: $72,000
IV. HISTORY AND FACTS BRIEF:
A) The purpose of the Cost of Living Adjustment (COLA) is to assure maintenance
of the purchasing power of the respective wage or salary plans. To do so, the City
typically uses the Consumer Price Index (CPI) published for smaller western
cities. That index is usually referenced in the bargaining unit contracts as well.
B) The October-October B/C western cities CPI rate is 3.5%; however, the
September rate was only 2.5%.
V. DISCUSSION:
A) It has been the practice of the city to adjust the non-represented and management
pay scales by 90% of the October-October B/C western cities CPI. A COLA of
3% is recommended for 2008 for both scales.
B) The non-management pay scale originated as a 2% matrix (each vertical grade
and horizontal step represented 2%); however, the cost of living adjustments over
the past several years have been applied across the board (by person) rather than
the base scale being adjusted, resulting in what is now a distorted scale (it no
longer represents a 2% matrix). Staff intends to adjust the scale back to a 2%
matrix and reinsert classifications to fit the adjusted matrix, rather than continue
to distort the matrix by applying the cost of living adjustment to each individual
wage. As a consequence, some positions will realize an adjustment in their wage
of slightly less than 3%, while others will realize slightly more. The result,
however, will fix the distortion problem and no wage will be adjusted less than
2.5%.
C) A review of Pasco's pay scale compared to the scale of eight other cities of
similar size (the same cities used for comparability analysis in negotiating our
bargaining unit contracts) revealed several Pasco positions are compensated
substantially less than the respective average for that position (the disparity
exceeds 10%). In addition, the job descriptions for the four positions in
Information Systems have been overhauled, so as to more accurately reflect the
advanced work being performed as well as the diversity and complexity of
electronic systems responsibility (for example, we have grown into the need for a
data base administrator and network administrator, rather than the previous
general category of "computer technician"). The recommended comparability
adjustments will affect the following positions (figures noted are "maximum" or
top step, except Department Assistant 1): 3(d)
• Department Assistant 1 (entry level clerical): to start approximately
$10/hour
• Payroll Specialist: $3,750/month to approximately $4,450/month
• Planner 1: $3,$25/month to approximately $4,450/month
• Associate Planner: $4,744/month to approximately $5,500/month
• Registered Nurse (Senior Center Health Services): $3,674/month to
approximately $4,600/month
• IS:
• Data Base Administrator: $3,825/month to approximately$4,450/month
• PC Specialist: $3,825/month to approximately $4,450/month
• Network Administrator: $4,744/month to approximately $5,700/month
• HR Analyst: $4,542/month to approximately$5,500/month
Community Development Director: from $7,783/month to $8,359
• Municipal Court Judge: from $7,227/month to $7,551/month
• Customer Service Manager: from $4,781/month to $5,253/month
D) With Council direction as to the appropriate cost of living adjustment, the
appropriate Ordinance can be prepared for Council action on December 3, 2007.
AGENDA REPORT
FOR: City Council November 19,2007
TO: Gary Crutchfi anager Workshop: 11/26/07
Regular Mtg.: 12/03/07
FROM: Lynne Jackson Human Resources Manager
SUBJECT: 2008 Temporary/Seasonal Employee Wage Plan
I. REFERENCE(S):
1. Ordinance
2. Proposed Wage Plan
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
11/26: DISCUSSION
12/03: MOTION: I move to adopt Ordinance No. , revising the Temporary
Employee Wage Plan; and further authorize publication by summary
only.
III. FISCAL IMPACT:
Impact: $1,500
IV. HISTORY AND FACTS BRIEF;
A) Initiative 688 created a minimum wage law that requires the minimum wage paid
by employers to increase each year (based on the CPI-W for urban wage earners).
Minimum wage will increase from $7.93/hour to $8.07/hour effective January 1,
2008
V. DISCUSSION:
A) The proposed 2008 wage scale adjusts wages only for Grades 03 and 04, the two
lowest paid grades. The wages for the upper five grades, Grades 05-09, are not
changed from 2007. All grades were adjusted in 2007.
B) Staff recommends Council approval.
3(e)
ORDINANCE NO.
AN ORDINANCE CONCERNING WAGES FOR TEMPORARY NON-
MANAGEMENT,NON-REPRESENTED PERSONNEL FOR THE CALENDAR YEAR 2008.
WHEREAS, the City Manager has recommended the wage scale for temporary positions
be modified to include an adjustment for calendar year 2008;NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. The wage scale for those temporary positions specified in the attached
Exhibit"A" and not represented by a certified bargaining unit, shall be as set forth in Exhibit"A"
attached hereto, which Exhibit is incorporated by reference as if fully set forth herein. The City
shall designate the appropriate hourly wage step in Exhibit "A" for each employee covered by
this Ordinance, considering their time in the position for which they are employed, their current
hourly wage, and the evaluation of their performance. Any temporary employee whose actual
wage or salary on December 31, 2007, exceeds the maximum for the respective grade assigned
herein shall continue to receive said actual wage or salary during calendar year 2008.
Section 2. The step increases set forth in Exhibit "A" are dependent upon a satisfactory
work performance.
Section 3. The wage scale set forth in Exhibit"A" shall be effective January 1, 2008 and
remain in effect until this Ordinance is amended or superseded by subsequent Ordinance.
Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting
provision of a prior Ordinance.
This Ordinance shall take effect five (5) days after passage and publication according to
law.
PASSED by the City Council of the City of Pasco at a regular meeting this 3`d day of
December, 2007.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
Exhibit A
Wage Scales for Temporary Employees-2007-2008
Position Grade 00 01 02 03 04
*1 season *2 seasons *3 seasons *4 seasons
Clerk/Cashier TP 03 7.93 8.16 8.39 8.64 8.89
Recreation Aide 8.07 8.23 8.40 8.64 8.89 2008
Department Aide
Recreation Leader 1
Engineering Aide TP 04 8.16 8.39 8.64 8.89 9.16
Department Aide 2 8.24 8.47 8.73 8.98 9.25 2008
Facility Supervisor 1
Lifeguard
Recreation Leader 2
Instructor/Guard TP 05 8.87 9.13 9.39 9.66 9.95
Mechanic's Helper 8.87 9.12 9.39 9.66 9.95 2008
Professional Instructor TP 06 9.13 9.63 10.13 10.63 11.13
Head Lifeguard 9.13 9.63 10.13 10.63 11.13 2008
Temporary Secretary
Facility Supervisor 2
Program Manager
Professional Instructor 2 TP 07 10.50 11.00 11.50 12.00 12.50
Facility Supervisor 3(Pasco HS) 10.50 11.00 11.50 12.00 12.50 2008
Professional Intern
Pool Manager TP 08 11.00 12.00 13.00 14.00 15.00
Professional Instructor 3 11.00 12.00 13.00 14.00 15.00 2008
Lifetime Fitness Instructor TP 09 15.00 16.00 17.00 18.50 20.00
15.00 16.00 17.00 18.50 20.00 2008
*Must complete term of employment to move to next step(i.e.,not quit or have employment terminated except for end of work)