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HomeMy WebLinkAbout2008.06.09 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. June 9,2008 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Senior Services Advisory Committee Interviews: 1. Agenda Report from Gary Crutchfield, City Manager dated June 4, 2008. 2. Applications(2) (Council packets only). (b) Parks and Recreation Advisory Council Interviews: 1. Agenda Report from Gary Crutchfield, City Manager dated June 5, 2008. 2. Applications (4) (Council packets only). (c) Argent Road Widening from Road 76 to Road 84: 1. Agenda Report from Michael McShane, City Engineer dated June 3, 2008. 2. Vicinity Map. 3. Section Maps. (d) Six-Year Transportation Improvement Plan 2009-2014: 1. Agenda Report from Michael McShane, City Engineer dated June 2, 2008. 2, Proposed Plan. 3. Resolution. 4. Map. (e) Amendments to Animal Control Operating Agreements: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated June 3, 2008, 2. Amendment No. 2 to the ACA Interlocal Agreement. 3. Amendment No. I to the ACA Operating Jurisdiction Agreement. (f) Renewal Agreement Prosecutorial Services: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated May 27, 2008. 2. Proposed Agreement. (g) Legislative Consultant Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated June 5, 2008. 2. Proposed Agreement. (h), Comprehensive Plan Update(MF#CP07-002) (City of Pasco): 1. Agenda Report from David I. McDonald, City Planner dated June 4, 2008. 2. Draft Comprehensive Plan (Council packets only; copy available in Planning Office, the Pasco Library or on the City's webpage at www.pasco-wa.gov for public review). 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. Workshop Meeting 2 June 9, 2008 REMINDERS: 1. 12:00 p.m., Monday,June 9, Red Lion—Pasco Chamber of Commerce Lunch Meeting. ("10 Critical Steps that Could Make or Break Your Business"presented by Brad Worthley.) 2. 10:00 a.m., Tuesday, June 10, Senior Center — Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; BOB HOFFMANN,Alt.) 3. 7:00 a.m., Thursday, June 12, Cousins — BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; TOM LARSEN, Alt.) 4. 11:00 a.m., Thursday, June 12, Gesa Stadium— Gesa Credit Union &the Tri-City Dust Devils Open House/Sign Unveiling/Stadium Tours. (ALL COUNCILMEMBERS INVITED TO ATTEND) 5. 5:30 p.m., Thursday, June 12, Parks & Rec. Classroom — Parks & Recreation Advisory Council Meeting. (COUNCILMEMBER REBECCA FRANCIK, Rep.; MIKE GARRISON, Alt.) 6. 7:00 p.m., Thursday, June 12, Transit Facility — Ben-Franklin Transit Board Meeting. (COUNCILMEMBER MATT WATKINS,Rep.; MIKE GARRISON, Alt.) AGENDA REPORT TO: City Council June 4, 2008 FROM: Gary Crutch el it Manager Workshop Mtg.: 6/9/08 SUBJECT: Senior Service Advisory Committee Interviews I. REFERENCE(S): 1. Applications (2) (Council packets only) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/9: Council to conduct brief interviews with Gloria Anderson and Linda Hendrickson-Patrick. III. HISTORY AND FACTS BRIEF: A) The Senior Services Advisory Committee is composed of four members; terms are for three years. The committee meets on the second Tuesday of each month at 10:00 a.m. B) The Senior Services Advisory Committee advises the City Council on programs, activities and interests of senior citizens as they relate to the Senior Citizen Center. C) At the present time there are two vacancies on the commission: 1. Position No. 3 (vacant) term expiration date of 411/11 2. Position No. 4 (vacant) term expiration date of 4/l/11 D) Of the original six applicants, three were not eligible due to the "50 years" age requirement and another refused to be interviewed. The Screening Committee recommends interviews of the two remaining applicants. 1. Gloria Anderson.................................................1828 W. Yakima Street 2. Linda Hendrickson-Patrick.......................................828 S. 10`h Avenue IV. DISCUSSION: A) After conduct of interviews at the June 9 Workshop meeting, it is proposed that appointments be made by the Mayor, subject to confirmation by the Council, at the June 16 meeting. 3(a) AGENDA REPORT TO: City Council June 5, 2008 FROM: Gary Crutchfield, City Manager Workshop Mtg.: 6/9/08 SUBJECT: Parks and Recreation Advisory Council Interviews I. REFERENCE(S): 1. Applications (4) (Council packets only) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/9: Council to conduct brief interviews with Grace Adams, Jeff Anderson, Thomas Davenport and Lynda Salgado. III. HISTORY AND FACTS BRIEF: A) The Parks and Recreation Advisory Council is composed of seven members; terms are three years. The board meets on the 1 st Thursday of every month at 5:30 p.m. B) The Parks and Recreation Advisory Council advises the City Council on recreation activities and facilities needed in the community. C) At the present time there are two positions that have expired terms; both of which are vacant (incumbent did not seek reappointment): • Position No. 1 • Position No. 2 D) After Council Screening Committee review of all applications, the following have been selected to interview for possible appointment: 1. Grace Adams.............................................................4303 Valencia Drive 2. Jeff Anderson.....................................................................3911 Road 108 3. Thomas Davenport.......................................................4603 Hilltop Drive 4. Lynda Salgado..........................................................................916 N. 24th IV. DISCUSSION: A) After conduct of interviews at the June 9 Workshop meeting, it is proposed that appropriate appointments be made by the Mayor, subject to confirmation by the Council, at the June 16 meeting. 3(b) AGENDA REPORT NO. 26 FOR: City Council June 3, 2008 TO: Gary Crutchfield, City Manager Robert J. Alberts, Public Works Director Workshop Mtg.: 06/09/2008 FROM: Michael P. McShane, City Engineer Regular Mtg.: 06/16/2008 SUBJECT: Argent Road Widening from Road 76 to Road 84 I. REFERENCE(S): 1. Vicinity Map 2. Section Maps II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 06/09: Discussion 06/16: MOTION: I move to approve the three-lane design for Argent Road adjacent to Chiawana High School. 06/16: MOTION: I move to approve City participation in the cost of Argent Road improvements adjacent to Chiawana High School not to exceed 111. FISCAL IMPACT: General Fund IV. HISTORY AND FACTS BRIEF: A) In conjunction with the construction of Chiawana High School, the Pasco School District is required to complete improvements to all of Argent Road adjacent to their project. V. DISCUSSION: A) A condition for approval of Chiawana High School is the improvement of Argent Road to arterial street standards including curb, gutter and street lighting on both sides of the street. No sidewalk is required on the south side. Road 84 is to be improved to arterial street standards including curb, gutter and street lighting on the east side. Traffic signals at Road 84 and Argent Road and Road 80 and Argent Road are also required. The Pasco School District has requested the City share in the costs for improving Argent Road and the signal at Road 84 and Argent Road. The City would be responsible for one-half of the cost for curb, gutter, storm drain, paving and overlay of the roadway, street lights and a traffic signal at Argent Road. The Pasco School District is not required to build sidewalk on the south side of Argent Road, however, staff recommends that it be installed to facilitate pedestrian traffic to the new school. B) Estimated costs are: Roadway Improvements - $625,000 City $312,500 PSD $312,500 Road 84 and Argent Road Traffic Signal - $160,000 City $ 80,000 PSD $ 80,000 Sidewalk south side of Argent Road - $135,000 Total estimated City responsibility- $527,500 The Pasco School District has paid an Impact Fee of$88,920, which can be used to offset part of the City's potential share. 3(c) V ILLOZ O � J r F T==L ) 9£aVOH vv vum I LO -IT. 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ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 06/09: Discussion 06/16: Conduct Public Hearing MOTION: I move to approve Resolution No. thereby adopting the City's Six-Year Transportation Improvement Plan for 2009 - 2014. III. FISCAL IMPACT: None IV. HISTORY AND BRIEF FACTS: A) Each year, all Cities and Counties in the State are required to adopt an updated Six-Year Transportation Improvement Plan specifically for federal and state funded projects. For the City of Pasco, this plan has consisted of all projects including the annual overlays, street widening, and signal projects which are within the City limits. Larger projects such as the Lewis Street Overpass also have been shown. B) The proposed six-year program represents those projects that are anticipated to be needed within six years. Several projects will need to be coordinated with utility projects which could change the actual timing of the projects. Although this process of adopting a six-year plan is a state requirement, the Council will again review the projects in the Six-Year C.I.P. process and the budgeting process. While the worksheets presented by staff include a potential funding source, many of the projects listed will be dependent upon available funding and/or local improvement districts. In addition, staff will be pursuing available grants from the various funding programs. Staff recommends the plan be presented at a public hearing on June 16, 2008, and that Council adopt the plan by resolution. 3(d) O o O b Q- 70 :OD O C: O cY) 00 O C7 O Efl 69 O 0 LL C ) � N CO 0 ALL w LL cr? r 60- >, U) C O D a� 0 � C LL O co 4- D O O U O O U) LL UQ � � m � O o :3 LL o (� Q cu 09 Q LL 70 LL d o LL co o s= o c C) " _ ° ° o � co o LL CD r O o � °000 � U) O � � (D a_ uoi c o c!) 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O �000CD 00000 000000 oCOM0 C� oC) m m 0 0 Ln r N N d r Lo r r CO r Lo r QD r r E a � � Q9 ta � � Va U4 � ea Va 6q� � ka U), cLL oQ t! � 0 o ° CL � Q N v L L v t� � — U) c c°D � � U) _ � cnv v sn O 0 0 cn N 73 a) cn u) >, O L. c c 7 a CD r- 0- 0 cLv o o06 0 � Q in ° o ° ° = cn +O L O x O UJJ Q UJ � °� = U _ J _L 06 a Itt (n a r U Lc) 0 O U) O � CO 4) 4 U) L + O) I V O O O 4; N O O z O O O 0 U) � O m m N O OO m cz m O t 0 >> > LL >> >> > m U N cn to U U aa,r. V U) c o �' � � to a � a� c u ° F•- c m fn +' IL LO to ,U a c a a c a a, L � in � W in > CL0 U) F- cv7 wN �: dQ woota U) u) N m0ON � � o� m0 0E +a00 Z:_ i m O y a i (D 0) i 0 0 � ca " m >m m � co O > m 5> N m � {n N Z 0 i, to r 0 CO r 0 N p '- ._ O m O O N C) - a) 0 0 N p - - O .O � C4 LL {nww � N JMFY " 0Jm N M Ift O Q) .-. tD 1` d 00 a}0-1 O �` >" M U r- c- r r �- m m � r T M O r r N o RESOLUTION NO. A RESOLUTION adopting the revised and extended Comprehensive Street, Storm Drain and Bridge Programs for the City of Pasco. WHEREAS, RCW 35.77.010 provides for annual revision and extension of the Comprehensive Street Program of each city and town, after holding public hearings thereon; and WHEREAS, it is now time to revise and extend the Comprehensive Street, Storm Drain and Bridge Programs; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, That the City Council of the City of Pasco hereby adopts the revision and extension of the Comprehensive Street, Storm Drain and Bridge Programs for the ensuing six years as attached hereto and labeled "Six-Year Transportation Improvement Plan 2009 - 2014" incorporated by this reference as though fully set forth herein; and Be It Further Resolved, that the Comprehensive Street, Storm Drain and Bridge Programs shall be filed with the Benton-Franklin Regional Council and the State of Washington. PASSED by the City Council of the City of Pasco this 16th Day of June, 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy Leland B. Kerr Deputy City Clerk City Attorney t.f/ J 1 � � ��\\\ •111 ri � ��r�l(II�lI�=`81111,�utrrlulri�\\� � `.•+� 1► i'III11�111111111i�`� nuutrmi� _ �'• „� IIIllllluml e:��- llllltl Illlli� IIHI II II II II I'AI� ; — =�-=:III" I�IIu'u�IId1111111115 �• �c� ���-�=�a'Illlllll',�Jflll 1lIIIIIIIIUII I► 1I1 ,ilul�1�.■'llala . - Illhis _ ,I � --� _ •fir - - MINH oil I� � AGENDA REPORT FOR: City Council June 3, 2008 TO: Gary Crutchfiel anager FROM: Stan Strebel, A ini�ati and Community Workshop Mtg.: 6/9/08 Services Director` [[�� Regular Mtg.: 6/16/08 SUBJECT: Amendments to Animal Control Operating Agreements I. REFERENCE(S): 1. Amendment No. 2 to ACA Interlocal Agreement 2. Amendment No. 1 to ACA Operating Jurisdiction Agreement 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 6/9: Discussion 6/16: Motion: I move to approve Amendment No. 2 to the Interlocal Agreement for Animal Control, and further, authorize the Mayor to sign the agreement. Motion: I move to approve Amendment No. 1 to the Operating Jurisdiction Agreement for the Animal Control Authority and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) Amendment No. 2 to the Interlocal Agreement for Animal Control is proposed by the ACA to clarify the budget process for the annual budget. Since the ACA is operating on behalf of each of the Cities, and not a separate entity, there is no formal budget development process outside that used by each of the Cities. The amendment clarifies this as current practice. Staff recommends approval of the amendment. B) Amendment No. 1 of the Operating Jurisdiction Agreement for the ACA is recommended so that there is a clear understanding that public records requests relating to animal control and the ACA are to be processed through the Operating Jurisdiction (Pasco). This will help avoid confusion for the public, eliminating the need to approach separate cities or the animal control contractor and defining the party responsible for records. Staff recommends approval of the amendment. 3(e) AMENDMENT NO. 2 TO INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF RICHLAND, PASCO, KENNEWICK WASHINGTON FOR ANIMAL CONTROL THIS AMENDMENT to that certain Interlocal Cooperative Agreement which is dated the 23rd day of August, 2005, among the City of Kennewick, Washington; Pasco, Washington; and Richland, Washington; all municipal corporations of the State of Washington, is made this day of 2008. WHEREAS, the Cities have, pursuant to Chapter 39.34 R.C.W., the Interlocal Cooperation Act, agreed to exercise their powers jointly to provide animal control services and facilities which will best fulfill common needs of the Cities, and; WHEREAS, the Cities by their respective City Councils, have determined that certain amendments to the Interlocal Cooperative Agreement are warranted, now, therefore, and in consideration of the mutual covenants contained therein, it is agreed to amend said Interlocal Agreement, Section IV, Assessment and Reimbursement, is to read as follows: SECTION IV ASSESSMENT AND REIMBURSEMENT The Management committee shall submit an annual budget of expenses for Animal Control Services for approval by each of the Cities. Each City will include within their respective operating budgets the pro-rata share of expenses for Animal Control Services, including contract expenses for patrol sheltering and related services as well as for facility and equipment rent, repair and maintenance plus any capital expenses as recommended by the committee and approved by the Cities. Each City shall maintain by ordinance or regulation its own rates and charges for compliance with their respective animal codes and fines and forfeitures for its enforcement within its territorial jurisdiction. All revenues derived therefrom shall be solely the revenues of that City. The approved operating budget shall consist of basic fixed cost which will be equally divided among the Cities and variable expense which shall be divided among the Cities based upon their percentages of use. The specific fund necessary for the implementation of this Agreement shall be maintained at the Operating Jurisdiction and shall be designated the "Tri-City Animal Control Operating Fund." All remaining provisions of the Interlocal Agreement shall remain in full force and effect. This Amendment approved by the cities, parties to the Interlocal Agreement, the day and year first written above: AMENDMENT NO. 2 TO INTERLOCAL COOPERATIVE AGREEMENT TRI-CITY ANIMAL CONTROL SERVICES THE CITY OF KENNEWICK: James 1Beaver, Ma or Attest: Valerie J. L , City ca Approved as to form: Lisa Beaton, City Attorney THE CITY OF PASCO: BY: Joyce Olson, Mayor Attest: Debra L. Clark, City Clerk Approved as to form: Leland B. Kerr, Attorney THE CITY OF RICHLAND: BY: hn Fox, Mayo Attest Debra COArham, Chief Deputy City Clerk Approved as to form: Thomas O. Lampson, CitylAttomey AMENDMENT NO. Z TO INTERLOCAL COOPERATIVE AGREEMENT TRI-CITY ANIMAL CONTROL SERVICES AMENDMENT NO. 1 OPERATING JURISDICTION AGREEMENT ANIMAL CONTROL AUTHORITY THIS AMENDMENT to that certain Operating Jurisdiction Agreement entered into and effec- tive the lst day of January, 2007, between the City of Kennewick, the City of Pasco, and the City of Richland, all municipal corporations of the State of Washington, and collectively referred to as the Ani- mal Control Authority (ACA), and the City of Pasco (Pasco), a municipal corporation of the State of Washington, is made and entered into this day of , 2008. WHEREAS, the ACA and Pasco deems it necessary and desirable to amend the Scope of Services as set forth in the Operating Jurisdiction Agreement, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to amend 2. Scope of Services to add the following underlined language and read as follows: 2. Scope of Services. Pasco shall perform the following services as Operating Jurisdiction: (a) Maintain a separate fund for the receipt of funds from the ACA Cities and for the payment of expenses for the ACA. (b) Provide administrative oversight to the ACA's contractor for animal control and sheltering services. (c) Maintain records on ACA owned equipment and inventory, including vehicle maintenance and replacement accounting. (d) Schedule meetings of the ACA, as needed, including agenda and minute preparation. (e) Provide legal counsel services to the ACA through its appointed City Attorney. M Responsible Official for Public Records Requests relating to Animal Control. ANIMAL CONTROL AUTHORITY CITY OF ASCO CITY OF KENNEWICK Robert R. Hammond, City Manager G Crutc fief f City anager Attest: Valerie J. Loffler, City Clerk Approved as to form: Lisa Beaton, City Attorney Amendment No. 1 to Operating Jurisdiction Agreement Page 1 Animal Control Authority CITY OF PASCO Joyce Olson, Mayor Attest: Debra L. Clark, City Clerk Approved as to Form: Leland B. Kerr, Attorney CITY OF RICHLAND Cindy Johnson, City Manager Attest: Debby Barham, Deputy City Clerk Approved as to Form: Thomas O. Lampson, City Attorney Amendment No. I to Operating Jurisdiction Agreement Page 2 Animal Control Authority AGENDA REPORT FOR: City Council May 27, 2008 TO: Gary Crutchfi Manager FROM: Stan Strebel, dministrative n Workshop Mtg.: 6/9/08 Community Services Director Regular Mtg.: 6/16/08 SUBJECT: Renewal Agreement Prosecutorial Services I. REFERENCE(S): 1. Proposed Agreement II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 6/9: Discussion 6/16: Motion: I move to approve the agreement for prosecutorial services and to authorize the City Manager to sign the agreement. III. FISCAL IMPACT: $9,000 per month (first year) in budget. IV. HISTORY AND FACTS BRIEF: A) The City has contracted for prosecution services for the past 6 years. The arrangement has met the needs of the City and required less staff time than managing an employee. B) As the existing agreement expires on June 18a', staff has received a proposal for renewing the agreement. The proposed changes, which are shown as strikeout and underline in the attached proposed agreement include: 1) Dropping Mr. Hui's name from the contract — this is only for bookkeeping purposes, as Mr. Hui will provide services as in the past; 2) Compensation is proposed to be increased by approximately 2.8%per year; 3) Added is language opening the contract for renegotiation in the event of occurrences which could impact the time commitment of prosecutors. 4) Adjustment of the term for an additional 2 years. C) Staff recommends approval of the agreement. 3(f) AGREEMENT FOR PROSECUTORIAL SERVICES THIS AGREEMENT is entered into by and between the CITY OF PASCO, hereinafter referred to as"Pasco", and TERRY M. TANNER and RAYMOND G. 14U1, hereinafter referred to as "Prosecutors", for the purpose of providing prosecutorial services for the City of Pasco. 1. PROSECUTORS SHALL: A. Provide complete municipal misdemeanor, gross misdemeanor, and civil infraction prosecutions for all cases filed in the Pasco Municipal Court and other related services including: 1. Arraignment Docket representation 2. Incarceration Docket representation 3. Negotiation and resolution of fines and forfeiture 4. Bench Trials and hearings 5. Pre-trial hearings 6. Jury Trials and Trial Readiness Hearings 7. Post-trial motions and hearings 8. Appeals 9. Police Department day to day counsel and training as needed. (Prosecutors will e-mail the Police Chief and Patrol Captain with any concerns relating to police duties or functions. The Patrol Captain or Police Chief shall contact the Prosecutors if they would like to meet to discuss these concerns or provide training to the police department.) 10. Response to criminal-related questions from the public that cannot be answered by administrative staff; B. Be prompt in attendance for all required dockets, hearings and trials as outlined on the attached "Exhibit A", "Pasco Municipal Court Prosecutor Schedule". Such schedule may be changed from time to time to meet the needs of the Court upon mutual agreement of the parties. C. Designate a contact who shall be responsible for: 1. Complaint review and response 2. Review and evaluation of quality of service 3. Periodic reports to the City administration; D. Personally provide the prosecution services and divide the representation to ensure full-time coverage as well as substitute, conflict, and additionally required coverage to allow multiple actions to proceed when necessary. In the event Prosecutors wish to hire additional attorneys other than the signatory to this Agreement to perform services, Prosecutors shall obtain advance approval from Pasco. This provision shall not apply in the event of unforseen circumstances where Prosecutors are temporarily unable to perform. Prosecutors shall be responsible for assuring that qualified attorneys are present in Court at all times necessary; and E. Use established practices and policies to recommend utilization of alternatives to incarceration as appropriate. Such alternatives shall include but not be limited to electronic home monitoring, work crew, etc. Prosecutors shall obtain Pasco's approval prior to implementing any program for alternate dispositions involving charitable contributions. F. Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court and shall complete seven hours of continuing legal education within each calendar year in courses relating to prosecution. 2. PASCO SHALL: A. Maintain a City Prosecutor's Office with office space available for the prosecutor at least ten hours per week. B. Employ a full-time Legal Assistant on-site at the City Prosecutor's Office providing: 1. Case management and file maintenance 2. Subpoena issuance and return of service 3. Witness contact 4. Docket preparation. C. Employ a part-time clerical assistant for correspondence and document preparation. D. Pay all subpoena and service costs and costs of required reports for prosecution. E. Pay to Prosecutor the sum of Eight Thousand Five Hundred Dellafs-($8,50) Nine Thousand Dollars ($9,000) per month for the first year and Dollar-s ($9 Nine Thousand Two-Hundred Fifty Dollars ($9,250 per month for the second year. Payments shall be due on or before the I O h day following each calendar month. Payments shall be prorated for partial month. Renegotiation of the terms of this agreement upon the following occurrences: l) there is a Washington Court Rule amendment that results in a procedural change in court proceedings, or 2) there is a change in Court Docket/Schedule as outlined in Exhibit A. In addition, Prosecutors shall be paid the sum of Six Hundred Dellafs Seven Hundred Fifty Dollars ($750) for each case appealed (except for any case noted for reconsideration at the trial court level). However, if a court of appeals grants the Prosecutor's motion to dismiss for "Want of Prosecution", then there shall be no charge to the City for the appeal. Prosecutors shall provide an invoice to Pasco upon completion of any appeal work. 3. , Term. The term of this Agreement shall be for two (2) years, beginning r me 19, 2006 June 19, 2008,and ending june 18, 2006 June 18, 2010. Either party may terminate this Agreement after one (1) year upon sixty(60) days written notice. 4. Caseload. In the event the workload (as indicated by number of case filings and number of represented cases) exceeds the prior year's workload by fifteen percent (15%) or more, Prosecutors may request additional compensation. If no agreement is reached concerning said additional compensation, Prosecutors may terminate this Agreement upon ninety (90) days written notice. 5. Independent contractors. Prosecutors shall be independent contractors and not employees of Pasco. b. Insurance and Indemnification. During the term of this Agreement, the Prosecutors shall maintain errors and omissions insurance coverage and shall include anyone else acting for or on behalf of the Prosecutors in the performance of this Agreement as an additional named insured on any such policy. Such insurance shall be obtained from any insurance company authorized to do business as such in the State of Washington, and shall have policy limits of Two Hundred Fifty Thousand Dollars ($250,000.00) or more. At the time of commencement of the performance of services hereunder, the Prosecutors shall submit evidence that such insurance is in force and that such insurance will not be canceled without first giving thirty (30) days written notice to the City of Pasco. CITY OF PASCO Gary Crutchfield, City Manager Date PROSECUTORS Terry M. Tanner Date L LLLV "Exhibit A" PASCO MUNICIPAL COURT PROSECUTOR SCHEDULE Monday Tuesday Wednesday Thursday Friday Traffic Pre-Trials In-Custody In-Custody Trial Readiness 8:30 AM to 8:30 AM to 10:00 AM to 10:00 AM to 12:00 12:00 NOON 12:00 12:00 9:00 AM to NOON NOON NOON 12:00 NOON (AM) ODD DAYS MOTION 9:10 am TO 12:00 noon Even days Pre-Trials Arraiznment Jury-Trials 1:00 PM to 1:30 PM to 9:00 AM to 5:00 PM 5:00 PM 5:00 PM EVEN (PM) DAYS AGENDA REPORT TO: City Council June 5,2008 FROM: Gary Crutchfield, City Manager Workshop Mtg.: 6/9/08 Regular Mtg.: 6/16/08 SUBJECT: Legislative Consultant Agreement I. REFERENCE(S): 1. Proposed Agreement II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 619: Discussion 6/16: MOTION: I move to approve the agreement with Gordon Thomas Honeywell Governmental Affairs for legislative consultant services and, further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: Total: $30,000 (estimated$13,500 in 2008; $16,500 in 2009) IV. HISTORY AND FACTS BRIEF: A) The city has employed the services of a legislative consultant for each of the past five years. In doing so, the city has realized the following accomplishments that would likely not have happened if not for the particular services of the consultant work: • $5.2 million legislative appropriation for construction of the Ainsworth Overpass Project; • Passage of HB2418, authorizing dissolution of a joint housing authority; $400,000 legislative appropriation for construction of the Court Street Pedestrian Overpass of SR395. B) GTH has offered to continue services for Pasco, at their standard rate of$2,500 per month, with a contract term of one year; the resulting cost is $30,000 (plus $3,000 in reimbursables). While the consultant will perform the general legislative duties listed, the greatest value will be the consultant's effort to obtain state funding assistance for the Lewis Street overpass, a long-desired project of the city which is simply too costly for the city to construct on its own. V. DISCUSSION: A) The value of an effective legislative consultant is clear when measured by the success the city has realized over the past five years. Continuing such a relationship is imperative if the city desires to continue to seek assistance via the state legislature (whether by appropriation or statutory language). B) GTH accomplished no small feat in the 2007 session by helping legislative appropriation of the $400,000 for the overpass. While our legislators were instrumental in this endeavor, they were aided by the effort of GTH coordinating with many other legislators to assure the local objective was not lost in the details of the budget process. The same will be necessary for the Lewis Street Overpass. C) GTH has the advantage of a Washington D.C. office; thus, the opportunity to pursue a coordinated effort (state and federal) to obtain the funding assistance necessary if the city is ever to construct the Lewis Street overpass project. The proposed scope of work will not only address the city's 2009 legislative agenda, but will also produce a "federal/state" action plan specifically aimed at the Lewis Street overpass objective. D) In view of the potential 2009 legislative benefits and the certain work products, staff recommends approval of the proposed contract. 3(9) CITY OF PASCO CONSULTING AGREEMENT This Agreement is entered into by and between City of Pasco and any other party hereto, as is identified in the consultant's signature block below (hereinafter referred to as "Consultant"), upon the following terms and conditions: A. Scope of Work. Consultant will advise and assist the City of Pasco in accordance with Consultant's Scope of Work, described in Attachment "A" hereto and incorporated herein, and Consultant will do and produce such other things as are set forth in the Scope of Work (the "Services"). Consultant's Services will be in compliance with applicable laws, regulations, rules, orders, licenses and permits, now or hereinafter in effect, and Consultant shall furnish such documents as may be required to effect or evidence such compliance. B. Compensation; Expenses. The City of Pasco will pay Consultant for satisfactorily rendered Services in accordance with the specific terms set forth in Attachment"A". C. Invoices; Payment. Consultant will furnish the City of Pasco invoices at regular intervals, as set forth in Attachment"A". D. Term. Consultant shall promptly begin the Services hereunder on the date set forth in Attachment "A" and shall terminate same on the date set forth in Attachment "A', unless earlier terminated by mutual agreement. The City of or consultant may terminate consultant services for convenience at any time prior to the termination date set forth in Attachment A, provided that either party provides 30-days notice. E. Ownership of Work Product. The product of all work performed under this agreement, including reports, and other related materials shall be the property of the City of Pasco or its nominees, and the City of Pasco or its nominees shall have the sole right to use, sell, license, publish or otherwise disseminate or transfer rights in such work product. G. Independent Contractor. Consultant is an independent contractor and nothing contained herein shall be deemed to make Consultant an employee of the City of Pasco, or to empower consultant to bind or obligate the City of Pasco in any way. Consultant is solely responsible for paying all of Consultant's own tax obligations, as well as those due for any employee/subcontractor permitted to work for Consultant hereunder. H. Release of Claims; Indemnity. Consultant hereby releases, and shall defend, indemnify and hold harmless the City of Pasco from and against all claims, liabilities, damages and costs arising directly or indirectly out of, or related to, Consultant's fault, negligence, strict liability or produce liability of Consultant, and/or that of any permitted employee or subcontract or Consultant, pertaining to the Services hereunder. I. Assignment. Consultant's rights and obligations hereunder shall not be assigned or transferred without the City of Pasco's prior written consent; subject thereto, this Agreement shall be binding upon and inure to the benefit of the parties' heirs, and successors. J. Governing Law; Severability. This Agreement shall be governed by the laws of the State of Washington, U.S.A. (excluding conflict of laws provisions). If any term or provision of this Agreement is determined to be legally invalid or unenforceable by a court with lawful jurisdiction hereover (excluding arbitrators), such term or provision shall not affect the validity or enforceability of any remaining terms or provisions of this Agreement, and the court shall, so far as possible, construe the invalid portion to implement the original intent thereof. K. Arbitration. Any dispute between the parties related to or arising out of the subject matter of this Agreement shall be resolved exclusively through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in Washington State. L. Entire Agreement; Etc. This Agreement, and its incorporated attachments hereto, state the entire agreement between the parties regarding the subject matter hereof and supersede any prior agreements or understandings pertaining thereto. Any modification to this Agreement must be made in writing and signed by authorized representatives of both parties. Any provision hereof which may be reasonably deemed to survive the expiration or termination of this Agreement shall so survive, and remain in continuing effect. No delay or failure in exercising any right hereunder shall be deemed to constitute a waiver of any right granted hereunder or at law by either party. Consultant: City of Pasco Gordon Thomas Honeywell Governmental Affairs Tim Schellberg, President Gary Crutchfield, City Manager Date: Date: 2008-2004 Legislative Services Agreement Page 2 ATTACHMENT "A"TO CITY OF PASCO CONSULTING AGREEMENT A. Scope of Work: Consultant shall provide the City of Pasco with the following governmental affair services: General Washington State Legislative Services • Identify and track all relevant legislation • During the legislative session, provide the City of Pasco with weekly reports and tracking lists. • Attend all relevant legislative hearings. • Attend all relevant legislative meetings. • Coordinate City of Pasco officials to testify at relevant legislative hearings. • Lobby to amend, defeat or pass legislation or budgets that directly affect the City of Pasco's interests. • Strengthen relevant legislative relationships between the City of Pasco, state legislators, and executive offices. • Work with the City of Pasco to develop a state budget request and lobby the Legislature to fund the request. Specific Transportation Funding Services - Consultant will work with the City of Pasco to develop a budget request for the Lewis Street Overpass. Once the project request is refined, consultant will: • Lobby the State Legislature and executive agencies to support and fund the project. • Determine if State grants, rather than specific legislative appropriations can be pursued to the fund the project, and if so, work in consultation with the City of Pasco to pursue the grants. • Determine if a federal partnership could be developed to pursue the transportation project, and what federal funding sources are available. If federal funds are available, Consultant will prepare a second proposal to represent the City of Pasco in Congress to secure federal funds. 2008-2009 Legislative Services Agreement Page 3 B. Compensation/Expenses: The City of Pasco shall pay Consultant a monthly fee of $2,500 for the services listed above. Consultant shall only bill communication expenses, such as travel to Pasco. The expanses shall not exceed $3,000 for the term of the contract. C. Invoices/Payments: (a) Consultant shall furnish the City Pasco of with invoices for services performed on a monthly basis, and (b) the City of Pasco shall pay each of Consultant's invoices within thirty(30) days after the City of receipt and verification. D. Term of Agreement: Consultant's services shall commence on July 1, 2008 and shall terminate on June 30, 2009. 2008-2009 Legislative Services Agreement Page 4 AGENDA REPORT NO. 23 FOR: City Council Date: June 4, 2008 TO: Gary Crutchfield, City Manager Workshop: June 9, 2008 FROM: David I. McDonald, City Planner) SUBJECT: Comprehensive Plan: Comprehensive Plan Update (MF# CP07-002) (City of Pasco) 1. REFERENCE(S): A. Draft Comprehensive Plan Note: Draft Comprehensive Plan is in the Council packet only; copies available in the Planning Office, the Pasco Library or on City's web page at www.pasco-wa.gov for public review. I1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/9/08:Discussion and Review III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A. The Growth Management Act (GMA) requires most cities in the State to develop Comprehensive Plans for guiding urban development. The City's original GMA plan was adopted by the City Council in August of 1995. The plan is required to be periodically updated. Pasco is on the 2007 cycle for plan update, and every seven years thereafter. B. The Planning Commission held hearings, in September of 2007 (Volume 1) and January 2008 (Volume 1I), to review proposed updates to the plan and make a recommendation to the City Council. C. The Council reviewed the initial draft Comprehensive Plan in March of this year. V. DISCUSSION: Following review of the draft Comprehensive Plan during the Council workshop in March, staff indicated a few additional plan refinements were still necessary before plan adoption could take place. Plan modifications are discussed below. Additions to Volume I include: • A goal and policies dealing with essential public facilities on page 24, and • Goals and policies added for freight mobility on page 35. The following modifications have been made to Volume II: • A discussion on annexation and the use of annexation agreements on page 10. • The special land use issues section, from pages 11-13, has been modified to include a discussion on community service facilities and uses, such as secondhand dealers and card rooms. • The Land Use Designations section on page 14 contains additional discussion on the central core. • A brief discussion on essential public facilities has been added to the Capital Facilities chapter starting on page 43. • An internet providers section was added to the Utility chapter on page 48. • The Transportation chapter has been modified to include: 1. Language mentioning the new bus service between Walla Walla and Pasco (pg 56); 2. A new table on state highways(pg 57); 3. Revised and additional information and tables for level of service standards (pgs 73-78); and 3(h) 4. A new section on long range transportation improvements (pg 79). • The Resource Lands chapter (pg 86-89) has been rewritten to address concerns related to industrial uses on lands designated as mineral resources areas. • A new chapter has been added to address critical lands and shorelines (pg 90-100). • A new Implementation and Monitoring chapter was added (pg 101-103). • A mineral resource lands definition was added (pg 106). • Appendix V11 contains traffic count information instead of maps. • Appendix VIII now contains the maps including an updated critical lands map. Staff will be available at the workshop to provide an expanded explanation of the modifications discussed above. Following any additional direction from the City Council staff will prepare the necessary adoption ordinance for Council consideration in June.