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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)