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2009.03.16 Council Meeting Packet
AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. March 16,2009 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion(in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated March 2, 2009. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of$1,132,022.83 ($66,755.12 in the form of Wire Transfer Nos. 5170 and 5173; and $1,065,267.71 consisting of Claim Warrants numbered 170544 through 170774). 2. To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of$277,774.90 and, of that amount, authorize 222,717.59 be turned over for collection. (c) TPA Budget Amendment: 1. Agenda Report from Gary Crutchfield, City Manager dated March 12, 2009. 2. Letter from TPA dated 2/18/09. To approve the transfer of$68,800 from the reserve account within the TPA budget to be used for promotional projects expenditures. (d) Resolution No. 3144, a Resolution approving an Identity Theft Prevention Program to meet the requirements of the Fair and Accurate Credit Transactions Act of 2003. 1. Agenda Report from Jim Chase, Finance Manager dated February 19, 2009. 2. Copy of Memo from Ogden Murphy Wallace,PLLC,Attorneys at Law. 3. Proposed Resolution. 4. Initial Identity Theft Prevention Program. To approve Resolution No. 3144, adopting an Identity Theft Prevention Program to comply with the Fair and Accurate Credit Transactions Act of 2003. (6) Resolution No.3145, a Resolution entering into an Interlocal Agreement with the Port of Pasco. 1. Agenda Report from Rick White, Community & Economic Development Director dated March 11, 2009. 2. Proposed Resolution. 3. Proposed Interlocal Agreement. 4. Vicinity Map. To approve Resolution No. 3145, approving the Interlocal Agreement with the Port of Pasco for a joint planning effort east of the Cable Bridge and, further, authorize the City Manager to sign the Agreement. (f) Resolution No. 3146, a Resolution fixing the time and date for a public hearing to consider the vacation of a waterline easement and access easement in Section 11, Township 9 North, Range 29 East. 1. Agenda Report from David 1. McDonald, City Planner dated March 11, 2009, 2. Vicinity Map. 3. Proposed Resolution. 4. Vacation Petition. To approve Resolution No. 3146, setting 7:00 p.m., Monday, April 20, 2009 as the time and date to conduct a public hearing to consider vacating a utility and access easement through Section 11, of Township 9 North,Range 29 East. (RC) MOTION: I move to approve the Consent Agenda as read. Regular Meeting 2 March 16, 2009 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) Presentation of Proclamation for "Paul Whitemarsh Day." Mayor Joyce Olson to present a Proclamation to Paul Whitemarsh in honor of his 37-year career with the City of Pasco. (b) (c) 5. VISITORS -OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) Critical Area Ordinance(MF#CA08-003): 1. Agenda Report from David I. McDonald, City Planner dated March 11, 2009. 2. Proposed Ordinance. 3. Selected Sections of the Proposed Code showing State Agency Changes. (Attachments are provided in council packets only; copies are available for public review in the Planning office, the Pasco Library or on the city webpage at http://www.pasco- wa.gov/Generallnfo/CityCouncilReports.) CONDUCT A PUBLIC HEARING Ordinance No. ,an Ordinance relating to Critical Areas repealing FMC Chapter 23.11 and establishing a new PMC Title 28 for regulating Critical Areas. MOTION: I move to adopt Ordinance No. , an Ordinance repealing PMC Chapter 23.11 and enacting a new PMC Title 28 dealing with Critical Areas and, further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. , an Ordinance relating to imposing a use tax on Natural Gas and adding a new section to Chapter 3.98 of the Pasco Municipal Code. 1. Agenda Report from Jim Chase,Finance Manager dated March 5, 2009. 2. Proposed Ordinance. MOTION: I move to adopt Ordinance No. , imposing a Use Tax on Natural Gas used within city limits and, further, authorize publication by summary only. (b) Ordinance No. an Ordinance amending Chapter 3.07 titled Fee Summary, authorizing an increase in the monthly Ambulance Utility Fee. 1. Agenda Report from Jim Chase, Finance Manager dated March 6, 2009. 2. Ambulance Service Fund Financial History. 3. Proposed Ordinance. MOTION: I move to adopt Ordinance No. , authorizing an increase in the monthly Ambulance Utility Fee and, further, authorize publication by summary only. (c) Resolution No. , a Resolution authorizing the use of the Pasco Softball Complex for the 2009 Pasco High All Class Reunion, including limited liquor use. 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated March 11, 2009. 2. Special Event Application. 3. Pasco Municipal Code 9.20.020. 4. Resolution No. 2879. 5. Proposed Resolution. MOTION: I move to approve Resolution No. authorizing the use of the Pasco Softball Complex for the 2009 Pasco All Class Reunion. (d) Resolution No. , a Resolution approving the Neighborhood Stabilization Program (NSP)Work Plan Allocation. 1. Agenda Report from Angie Pitman, CDBG Administrator dated March 12, 2009. 2. Resolution Approving Neighborhood Stabilization Program(NSP)Work Plan Allocation. 3. Map of Foreclosed Properties 2008 and 2009. MOTION: I move to approve Resolution No. approving the city's Neighborhood Stabilization Program(NSP)Work Plan Allocation. Regular Meeting 3 March 16, 2009 *(e) Resolution No. , a Resolution authorizing call for bids for purchase of city property at 26''Avenue and Brown Street. 1. Agenda Report from Gary Crutchfield, City Manager dated March 12, 2009. 2. Location Map. 3. PMC Chapter 2.46. 4. Proposed Resolution. MOTION: I move to approve Resolution No. , authorizing call for bids for purchase of city property at 26"'Avenue and Brown Street. 9. UNFINISHED BUSINESS: (none) 10. NEW BUSINESS: *(a) Signal Pole Equipment: 1. Agenda Report from Michael McShane, City Engineer dated March 10,2009. 2. Letter to Pasco School District dated June 26, 2008. 3. Quote Summary. 4. Vicinity Map. MOTION: I move to approve the purchase of goods and services from Sierra Electric for the signal pole equipment for Argent and Road 84 and Argent and Road 80, in the amount of $54,447.79, including shipping. *(b) 2009 Street Overlays,Project No. 09-3-03: 1. Agenda Report from Michael McShane, City Engineer dated March 10, 2009. 2. Bid Summary. 3. Vicinity Map. (RC) MOTION: I move to award the low bid for the 2009 Street Overlays, Project No. 09-3-03 to Granite Northwest, Inc. (dba Transtate Asphalt) in the amount of $575,760.35, including Alternate Area#3 and, further, authorize the Mayor to sin the contract documents. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...." Q Quasi-Judicial Matter REMINDERS: 1. 6:00 p.m., Monday, March 16, City Hall, Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER MATT WATKINS) 2. 11:30 a.m., Tuesday, March 17, 6314 Mercedes Ct. — Olin Homes Model Home Ribbon Cutting Ceremony. (MAYOR JOYCE OLSON) 3. 5:00 p.m., Tuesday, March 17, TRAC Facility — TRAC Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER REBECCA FRANCIK) 4. 6:30 p.m., Tuesday, March 17, TRAC Facility - Joint meeting with Franklin County Commissioners. (ALL COUNCILMEMBERS) 5. 10:30 a.m., Wednesday, March 18, Pasco Senior Center — National "Mayors for Meal's" Campaign Meal Delivery. (MAYOR JOYCE OLSON) 6. 12:00 p.m., Thursday, March 19, 515 W. Clark Street — Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER AL YENNEY, Rep.; MATT WATKINS,Alt.) 7. 11:30 a.m., Friday; March 20, Sandburg Event Center, West Richland — Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN,Alt.) 8. 1:30 p.m., Saturday, March 21, 1320 W. Hopkins — Grand Reopening Pasco Library. (MAYOR OLSON) (ALL COUNCILMEMBERS INVITED TO ATTEND) MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 2, 2009 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffinann, Tom Larsen, Joyce Olson, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Bob Alberts, Public Works Director; Michael McShane, City Engineer; Denis Austin, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated February 2, 2009. (b) Bills and Communications: To approve General Claims in the amount of$155,063.71 ($33,130.02 consisting of Claim Warrants numbered 170105 through 170106; $105,241.87 consisting of Claim Warrants numbered 170108 through 170130; $13,547.47 consisting of Claim Warrant numbered 170343; and $3,144.35 consisting of Claim Warrants numbered 170345 through 170347). (2008 EXPENSES) To approve General Claims in the amount of$2,056,299.50 ($173,295.25 in the form of Wire Transfer Nos. 5147, 5150, 5156 and 5160; 517,552.11 consisting of Claim Warrant numbered 170107; $691,848.85 consisting of Claim Warrants numbered 170131 through 170342; $36,540.79 consisting of Claim Warrant numbered 170344; and $1,137,062.50 consisting of Claim Warrants numbered 170348 through 170543). (2009 EXPENSES) To approve Payroll Claims in the amount of$1,816,612.05, Voucher Nos. 39303 through 39379; and EFT Deposit Nos. 30028474 through 30029009. To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of$169,134.41 and, of that amount, authorize $120,978.00 be turned over for collection. (c) Appointment to Regional Hotel/Motel Commission: To appoint Monica Hammerberg (Pasco Red Lion) to complete an unexpired two-year term on the Tri-Cities Regional Hotel/Motel Commission, to expire 8/3012010. (d) Six Year Transportation Improvement Plan Commercial Avenue Extension: To approve the amendment to include Commercial Avenue Extension to the Six Year Transportation Improvement Plan. (e) Resolution No. 3139, a Resolution authorizing the sale of forfeiture/ unclaimed asset property surplus to city needs. Removed from Consent Agenda and moved to Item 8(e). I 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 2, 2009 (f) Resolution No. 3140, a Resolution accepting work performed by Sierra Electric, Inc., under contract for the 2006 Miscellaneous Traffic Signal Improvements, Project No. 06-4-01. To approve Resolution No. 3140, accepting the work performed by Sierra Electric, Inc., under contract for the 2006 Miscellaneous Traffic Signal Improvements, Project No. 06- 4-01. (g) Resolution No.3141, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of the East/West Alley in Block 5, Steffin's Amended Addition. To approve Resolution No. 3141, setting 7:00 p.m., Monday, April 6, 2009 as the time and date to conduct a public hearing to consider the proposed vacation of that portion of the East/West Alley in Block 5, Steffin's Amended Addition. (h) Resolution No. 3142, a Resolution of the City of Pasco,Washington, relating to Local Improvement District No. 144; rescheduling the time and place for hearing on the final assessment roll for the Local Improvement District; and, directing that notice thereof be given in the manner required by law. To approve Resolution No. 3142, setting 7:00 p.m., Tuesday, April 6, 2009 as the time and date to conduct a public hearing to consider the Final Assessment Roll for LID No. 144. MOTION: Mr.Watkins moved to approve the Consent Agenda as amended. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Garrison reported on the Tri Cities Visitor& Convention Bureau Board meeting and the TRIDEC Board meeting. Mr. Yenney attended an Animal Shelter Needs Assessment Committee meeting and met with the Pasco Downtown Development Association. Mr. Hoffmann reported on the Animal Shelter Needs Assessment Committee meeting. Mayor Olson and Mr. Yenney attended the Benton Franklin Community Action Committee Annual Awards Banquet and reported that Councilmembers participated in a joint meeting with Franklin County Commissioners. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street Vacation: A portion of Montana Avenue (MF#VAC09-003): Mr. White explained the details of the proposed vacation. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST,AND THERE BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No.3906, an Ordinance vacating a portion of Montana Avenue. MOTION: Mr. Watkins moved to adopt Ordinance No. 3906, vacating a portion of Montana Avenue and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 2, 2009 Easement Vacation: the North/South Easement in Lot 3, BSP 2005-04 (MF#VAC09- 001): Mr. White explained the details of the proposed vacation. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST,AND THERE BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3907, an Ordinance vacating the North/South Easement in Lot 3, Binding Site Plan 2005-04. MOTION: Mr. Watkins moved to adopt Ordinance No. 3907, an Ordinance vacating the north/south easement in Lot 3, Binding Site Plan 2005-04 and, further, authorize publication by summary only. Ms. Francik seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3908, an Ordinance of the City of Pasco, Washington relating to the Abatement of Property located at 827 South Elm Street, owned by KF,Inc., and Implement and Adopt the Powers Authorized by RCW 35.80 for Abatement. Council and staff discussed the details of the proposed abatement. MOTION: Mr. Watkins moved to adopt Ordinance No. 3908, authorizing abatement of property at 827 S. Elm Street. Ms. Francik seconded. Motion carried 6-1. No—Larsen. Ordinance No. 3909, an Ordinance amending PMC Chapter 17.13 dealing with Off- Premise Signs. MOTION: Mr. Watkins moved to adopt Ordinance No. 3909, an Ordinance amending PMC Chapter 17.13 dealing with off-premise signs and, further, authorize publication by summary only. Ms. Francik seconded. Motion carried unanimously. Ordinance No. 3910, an Ordinance of the City of Pasco, Washington amending the Zoning Classification for a parcel located in a portion of the Southeast Quarter of Section 30, Township 9 North, Range 29 East WM., from R-1 (Low Density Residential) to C-1 (Retail Business). MOTION: Mr. Watkins moved to adopt Ordinance No.3910, granting a rezone for the Franklin County PUD property on West Clark Street from R-1 to C-1 as recommended by the Planning Commission and, further, to authorize publication by summary only. Ms. Francik seconded. Motion carried unanimously. Resolution No. 3143, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of a Columbia Basin College Research Farm in the 4100 block of Argent Place. MOTION: Mr. Watkins moved to approve Resolution No. 3143, approving the Special Permit for the location of the CB Research Farm in the 4100 block of Argent Place, as recommended by the Planning Commission. Ms. Francik seconded. Motion carried unanimously. Resolution No. 3139, a Resolution authorizing the sale of forfeiturelunclaimed asset property surplus to city needs. MOTION: Mr. Watkins moved to approve Resolution No. 3139, authorizing the sale of forfeiture/unclaimed asset property surplus to city needs. Mr. Garrison seconded. Motion carried unanimously. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 2, 2009 NEW BUSINESS: Process Water Reuse Facility Irrigation Pivot: MOTION: Mr. Watkins moved to award the low bid for the Process Water Reuse Facility irrigation Pivot, Project No. 09-7-02 to Valmont Northwest in the amount of S86,357.98 plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Ms. Francik seconded. Motion carried by unanimous Roll Call vote. Amendment No. 1 to Professional Services Agreement Amendment with CH2MHill: MOTION: Mr. Watkins moved to approve Amendment No. 1 to the July 21, 2008 Professional Services Agreement with CH2MHill authorizing additional engineering services not to exceed $115,000 and, further, authorize the Mayor to sign the agreement. Mr. Garrison seconded. Motion carried unanimously. Heritage Center Rail Agreement: Mr. Crutchfield explained the details of the proposed agreement. MOTION: Mr. Watkins moved to approve the Heritage Center Rail Agreement with the Port of Pasco and Columbia East LLC and, further, authorize the City Manager to sign the Agreement. Ms. Francik seconded. Motion carried unanimously. Professional Services Agreement with JUB, Engineers,Inc.: Council and staff discussed the details of the proposed agreement. MOTION: Mr. Watkins moved to approve the Professional Services Agreement with JUB Engineers, Inc., authorizing engineering services on a lump sum basis of$103,000 for the Pasco-Kennewick Cable Bridge Waterline Crossing and, further, authorize the Mayor to sign the agreement. Ms. Francik seconded. Motion carried 5-2. No—Hoffmann, Larsen. Award 2009 Crack Seal, Project No. 09-3-03: Mr. McShane explained the details of the project. MOTION: Mr. Watkins moved to award the low bid for the 2009 Crack Seal, Project No. 09-3-03 to Stripe Rite, Inc., in the amount of$56,064.05 and, further, authorize the Mayor to sign the contract documents. Ms. Francik seconded. Motion carried by unanimous Roll Call vote. Replacement of AC Water Line(Airport), Project No. 06-2-03: Mr. McShane explained the details of the project. MOTION: Mr. Watkins moved to award the low bid for the Replacement of AC Water Line (Airport), Project No. 06-2-03 to Apollo, Inc., in the amount of$783,451.82,plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Ms. Francik seconded. Motion carried by unanimous Roll Call vote. 2008 Street Reconstruction, Project No. 08-3-01: Mr. McShane explained the details of the project. MOTION: Mr. Watkins moved to award the low bid for the 2008 Street Reconstruction, Project No. 08-3-01 to A&B Asphalt, Inc., in the amount of$651,405.88 and, further, authorize the Mayor to sign the contract documents. Ms. Francik seconded. Motion carried by unanimous Roll Call vote. 4 MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 2, 2009 Volunteer Park Pavilion Concrete Platform: MOTION: Mr. Watkins moved to ratify the City Manager's award of the contract for the Volunteer Park Pavilion Concrete Platform project, to the low bidder, Bachtel Construction in the amount of$33,573.00, including sales tax. Mr. Garrison seconded. Motion carried unanimously. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:00 p.m. for approximately 30 minutes to establish the sales price or lease amount of real estate and discuss litigation or potential litigation with the City Attorney and the City Manager. Mayor Olson called the meeting back to order at 8:22 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:23 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 16th day of March, 2009. 5 CITY OF PASCO Council Meeting of: March 16, 2009 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We,the undersigned,do hereby certify under penalty of perjury that the materials have been furnished,the services rendered or the labor performed as described herein and that the claim is a just, due and unpaid obligation against the city and that we are authorized to authenticate and certi to said Gary Crutchfield, City Manager James W. Ch se, Finance Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.s 5170 and 5173 in the amount of$66,755.12, have been authorized;that Check No.s 170544 through 170774 are approved for payment in the amount of$1,065,267.71, for a combined total of$1,132,022.83 on this 16th day of March, 2009. Councilmember Councilmember SUMMARY OF CLAIMS[WIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 1,612.45 Judicial 11,215.58 Executive 1,973.56 Police 66,03970 Fire 12,187.13 Administration&Community Services 55,812.01 Community Development 10,358.76 Engineering 5,496.42 Non-Departmental 173,154.11 Library 290.07 TOTAL GENERAL FUND: 338,139.79 STREET 45,283.41 C. D. BLOCK GRANT 7,50 KING COMMUNITY CENTER 1,328.62 AMBULANCE SERVICE 4,400.78 CEMETERY 1,868.25 ATHLETIC PROGRAMS 900.60 SENIOR CENTER 2,968.03 MULTI MODAL FACILITY 1,460.85 SPECIAL ASSESSMNT LODGING 10,193.43 LITTER CONTROL 1,141.40 REVOLVING ABATEMENT 764.05 PARKS FUND 0.00 TRAC DEVEL&OPERATING 0.00 STADIUM/CONVENTION CENTER 0.00 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 1,514.36 METRO DRUG FORFEITURE FUND 2,269.66 GENERAL CONSTRUCTION 151,958.04 WATER/SEWER 147,365.07 EQUIPMENT RENTAL-OPERATING 42,751.48 EQUIPMENT RENTAL-REPLACEMENT 246,913.76 MEDICAUDENTAL INSURANCE 66,755.12 CENTRAL STORES 996.06 PUBLIC FACILITIES DIST 24,218.04 PAYROLL CLEARING 38,819.86 TRi CITY ANIMAL CONTROL 4.67 GRAND TOTAL ALL FUNDS: $ 1,132,022.83 AGENDA REPORT FOR: City Council DATE: March 3,2009 TO: Gary Crutchfie anager REGULAR: March 16,2009 Stan S bel,A i 's five&Community Services Director FROM: Jim has ance Manager SUBJECT: BAD DE WRITE-OFF'S/COLLECTION. I. REFERENCE(S): Write-off and collection lists are on file in the Finance Department. 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $277,774.90 and, of that amount, authorize$222,717.59 be turned over for collection. III. HISTORY AND FACTS BRIEF: I. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address,or are accounts in"occupant" status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines,and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement.violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY—These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 6. GENERAL- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 7. MISCELLANEOUS- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ .00 1,535.74 1,535.74 Ambulance $ 55,057.31 2207.85 77,755.16 Court A/R $ .00 198,484.00 198,484.00 Liens $ .00 .00 .00 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 .00 .00 TOTAL: $ 55,057.31 222,717.59 277,774.90 IV. ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT TO: City Council March 12, 2009 FROM: Gary Crutchfi 1 y Manager Regular Mtg.. 3/16/09 SUBJECT: TPA Budget Amendment I. REFERENCE(S): 1. Letter from TPA dated 2/18/09 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/16: MOTION: I move to approve the transfer of$68,800 from the reserve account within the TPA budget to be used for promotional projects expenditures. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The Tourism Promotion Area (TPA) is a"visitor promotion"program financed by the hotels in the region through a self-imposed room tax which they remit to the state each year. The state returns the funds to the cities in which the hotels are located, to be allocated to the TPA budget as approved by each of the City Councils annually. The 2009 TPA budget was approved by the Pasco City Council in October 2008. B) As explained in the February 18 letter, the regional hotel commission (which oversees the operation of the TPA) realized more revenue through the end of 2008 than they originally projected. The additional income can be used for additional projects. To that end, the Commission requests transfer of $68,800 from the budgeted reserve to be used for supplemental tourism projects in 2009. C) Given that the budget amendment essentially allocates unanticipated revenue for one-time promotional "project expenses," the request will not have an adverse effect on the operating budget of the TPA and will preserve an "operating reserve" of at least $250,000. V. DISCUSSION: A) Staff recommends approval. 3(c) 777 .1 r VISITOR&CONVENTION BUREAU "r.<<aii�wi� Niscc�'m;ivwc/v�hS�eN ci, r, TRI-CITIES VISITOR&CONVENTION BUREAU P.O.Box 2241 Tri-Cities,WA 99302-2241 509-735-8486 1-800-254-5824 Fax 509-783-9005 www.VisitTri-Cides.com info@VisitTri-Cities.com February 18, 2009 Mr. Gary Crutchfield City of Pasco 525 N. Third Ave. Pasco, WA 99301 Dear Mr. Crutchfield: At the January 15th meeting of the Tri-City Regional Hotel-Motel Commission, the Commissioners present voted unanimously to request the Pasco City Council's approval to withdraw funds from the Tourism Promotion Assessment Reserve Account to invest in three projects which are outlined below. As of January 1, 2009 the balance of the Tourism Promotion Assessment Reserve Account was $380,148.00. It has long been the Commissioners intent to maintain a sufficient reserve account balance to act as a "rainy day" fund, while still allowing a majority of the funds collected to be invested in promoting the Tri-Cities as a premier destination for business, leisure, convention and group travel. The consensus has been that $250,000 in the Reserve Account is the optimal balance. The Reserve Account has grown to its current balance due to conservative budgeting and the fact that expenses have consistently been kept under budget. The following projects are those that the Commissioners have identified as worthwhile investments: I. The Opportunity Fund: During the 2009 budget process the Commissioners approved a budget that included a$13,800 withdraw from reserves to balance the budget. Given the current competitive nature of the convention and sports tournament industry, the Commissioners felt bolstering the Opportunity Fund by$13,800 to allow for$60,000 in expenditures was imperative. This figure was included in the budget approved by the City Council last October and at the time Bureau staff explained that we would be making a request for approval to withdraw funds from the Reserve Account. 2. Golf&Wine Count Advert isin : This program involves an integrated approach to advertising and targets residents of the greater Puget Sound area. It includes television advertising, website banner advertising, and Google ad search words. The Golf&Wine advertising promotion runs from February through April. 2009 will be the third consecutive year for this campaign. The Commissioners are recommending a $30,000 investment from reserves which will allow for a$45,000 advertising campaign. 3. website Improvements: The Tri-Cities Visitor& Convention Bureau's website receives 328,364 unique visits per year and is an important tool in promoting the Tri-Cities as a destination. The current website was designed over five years ago and there is no longer technical or system support to expand it. In 2008 $54,000 was invested, which was the first of two payments for the production of a new website. The remaining investment required to complete the project is $25,000. The total request for these projects combined is $68,800. If approved by the City Councils of Pasco, Richland, and Kennewick, the remaining account balance will be approximately $311,348.00, which is sufficient to accommodate any emergency requests in the future, should there be cause to do so. Thank you for your consideration. I am available should you or any of the City Council Members have any questions or if any further clarification is required. Sincerely, Kim Shugart Vice President Operations AGENDA REPORT FOR: City Council DATE: February 19, 2009 WORKSHOP: March 9, 2009 TO: Gary Crutchfi ty Manager REGULAR: March 16, 2009 Stan Strebel, A st:r:t5' PGom ity Services Director FROM: Jim ha finance Manager SUBJECT: IDENTITY THEFT PREVENTION PROGRAM 1. REFERENCE(S): 1) Copy of Memo from Ogden Murphy Wallace, PLLC, Attorneys at Law 2) Proposed Resolution 3) Initial Identity Theft Prevention Program II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/9/09 DISCUSSION • 3/16/09 MOTION: I move to approve Resolution No.31`'adopting an Identity Theft Prevention Program to comply with the Fair and Accurate Credit Transactions Act of 2003. III. FISCAL IMPACT: There will be staff time involved with managing the program. IV. HISTORY AND BRIEF FACTS: The Federal Trade Commission has issued regulations requiring financial institutions and creditors to develop and implement identity theft prevention programs and policies. These identity theft prevention programs must provide for the identification, detection, and response to patterns, practices, or specific activities—known as"red flags"—that could indicate identity theft. The"Red Flag"rules apply to "financial institutions" and"creditors"with"covered accounts." Pasco is considered a"creditor" in that it extends credit to utility customers that are billed after they receive the goods and/or services. The Federal Trade Commission has granted a six month delay from the initial November 1, 2008 deadline. The program needs to be in place not later than May 1, 2009. V. DISCUSSION: Identity theft is a growing concern. The customer service (utility) staff currently has many procedures in place to minimize the chance of identity theft. Further training will be provided. We can all benefit from continuing education regarding identity theft and how to spot potential situations and/or prevent it from happening. VI. OTHER COMMENTS The Act requires approval and authorization of the initial program from the Board of Directors or City Council to comply. The program will be updated as needed. 3(d) DF.1�T URPHY ALLACE A T'T o R N i'. Y ti A T L A W MEMORANDUM DATE: October 20, 2008 TO: All Cities FROM: Kristin N. Eick Phil A. Olbrechts RE: FACTA Red Flag Guidelines The Federal Trade Commission has issued regulations requiring financial institutions and creditors to develop and implement written identity theft prevention programs by November 1, 2008,under the Fair and Accurate Credit Transaction Act of 2003 (FACTA). Municipal utilities are subject to these requirements, and the City Councils of all cities that operate utilities must adopt programs that meet the requirements of FACTA. These identity theft prevention programs must provide for the identification, detection, and response to patterns, practices, or specific activities-known as "red flags" -that could indicate identity theft. Accompanying this memo is a sample program that complies with FACTA requirements. Who must comply with FACTA? Financial institutions and"creditors"that maintain "covered accounts," as defined in the Act, must comply with FACTA's Red Flag requirements. Under FACTA, a"creditor"means an entity that regularly extends, renews, or continues credit.' Non-profit and government entities are included within this definition of"creditor."2 The Code of Federal Regulations establishes that the term "creditor" includes lenders such as banks, finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies.3 "Credit" is defined in the Act as"the right granted by a creditor to a debtor to defer payment of debt or to incur debts 16 C.F.R. §681.2(b)(5)(2008); 15 U.S.C. § 1681a(r)(5)(2006); 15 U.S.C. 169la(e)(2006). Federal Trade Commission,FTC Business Alert,New"Red Flag"Requirements for Financial Institutions and Creditors Will Help Fight Identity Theft,June 2008,available at http://www.ftc.gov/bep/edu/pubs/business/alerts/altO5O.shtm. s 16 C.F.R. §681.2(b)(5)(emphasis added). (KNE707333.DOC;1/00005.101033/)ESTABLISHED 1902 A Member of the Intemational lawyers Network with independent member law firms worldwide 1601 Fifth Avenue, Suite 21100 • Seattle,WA 98101-1686 • 206.447.7000 • Fax: 206.447.0215 • Web: www.omwlaw.com All Cities October 20, 2008 Page 2 and defer its payment or to purchase property or services and defer payment therefor. ,4 Therefore, essentially any business, whether public or private,that provides services and accepts payment later is considered a creditor if it maintains"covered accounts." "Covered accounts" include accounts that financial institutions or creditors offer or maintain primarily for personal, family, or household purposes, that involve or are designed to permit multiple payments or transactions, such as a credit card account,mortgage loan, automobile loan, margin account, cell phone account, utility account, checking account, or savings account.' The term "covered accounts" also includes any other account that the financial institution or creditor offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the financial institution or creditor from identity theft, including financial, operational, or litigation risks.6 Because"covered accounts" specifically include utility accounts, municipalities deferring payment for services such as water, electric, or garbage collection must comply with FACTA. How do I comply with FACTA? FACTA requires that municipalities, as creditors, develop a written Identity Theft Protection Program that is appropriate for the size and complexity of the municipality.7 The Program must include elements to identify, detect, and respond to Red Flags. In addition, the Program must provide for a periodic updating process to reflect changes in risks to the creditor's customers.$ Each creditor is required to obtain approval of the initial written Program from either its board of directors or an appropriate committee of the board, i.e.,the City Council.9 The board of directors, a committee of the board, or an employee at the level of senior management must be assigned the duties of oversight, development, implementation, and administration of the Program.10 Further, staff must be trained appropriately and must oversee service providers providing services relating to the Act.11 Staff should prepare a report at least annually for the person specifically responsible for oversight of the program. This report should include an evaluation of the effectiveness of the Program with respect to opening accounts, existing covered accounts, service provider arrangements, significant incidents involving identity theft and responses, and recommendations for changes to the Program.12 What are"Red Flags?" A 16 C.F.R. § 681.2(b)(4); 15 U.S.C. 1681a(r)(5); 15 U.S.C. 1691a(d). 5 16 C.F.R. §681.2(b)(3)(i)(emphasis added). 6 16 C.F.R. §681.2(b)(3)(ii). 16 C.F.R. §681.2(d)(1). a 16 C.F.R. §681.2(d)(2). 9 16 C.F.R. § 681.2(e)(1). 10 16 C.F.R. §681.2(e)(2). " 16 C.F.R. §681.2(e)(3)-(4). �'- 16 C.F.R.app.§ 1681 A(VI)(b)(1). All Cities October 20, 2008 Page 3 Red Flags are patterns,practices, or specific activity that indicate the possible existence of identity theft.'3 There are five general categories of Red Flags. The Federal Trade Commission has also provided a list of 26 suggested Red Flags in the appendix to the Code of Federal Regulations. The five categories are: • Alerts or notifications from consumer reporting agencies or service providers, such as fraud detection services; • Presentation of suspicious documents, such as identification documents that have been forged or altered; • Presentation of suspicious personal identifying information, such as a suspicious address change or social security number; • Unusual use of or other suspicious activity relating to a covered account, such as identification of use of an account in a manner inconsistent with established patterns of activity on the account; and • Notices from customers, victims of identity theft, law enforcement, or other persons regarding identity theft in connection with covered accounts held by the creditor.14 Appropriate responses to Red Flags include: • Monitoring an account; • Contacting the customer; • Changing passwords and security codes; • Reopening an account with a new number; • Not opening a new account; • Closing an existing account; • Notifying law enforcement; and • Determining that no response is warranted under the particular circumstances.' 5 How is FACTA enforced? FACTA does not allow for private enforcement of the Red Flag regulations. However,the regulations are enforced by the Federal Trade Commission.16 If the creditor fails to develop and implement a Program,the Federal Trade Commission may enforce the failure as an unfair or deceptive act or practice in commerce." The consequences may include a cease and desist order from the Federal Trade Commission after a hearing and civil penalties not to exceed$2,500 per violation.18 " 16 C.F.R. § 681.2(b)(9). 14 16 C.F.R.Supplement A to App. § 1681 A- " 16 C.F.R.app. § 1681 A(IV). 16 15 U.S.C.§ 1681m(h)(8);see also Perry v.First Nat'l Bank,459 F.3d 816,819-20(7th Cir.2006). 17 15 U.S.C.§ 1681m(h)(8)(B); 15 U.S.C. § 1691s(a)(1). IS 15 U.S.C. §45(a)(1); §45(b); § 1681s(a)(2)(A). All Cities October 20, 2008 Page 4 What Tyne of Program Must I Adopt? Attached you will find a sample program that the City Council may adopt. It is important to remember,however, that the Red Flag Guidelines were designed to provide flexibility to the individual utility in adopting their Program. Because the process used to open new accounts and monitor existing accounts will vary by utility, not every Red Flag will be applicable to each utility. For example, the utility may not use credit reporting, and therefore, will not encounter Red Flags relating to consumer reports. Thus,the goal is to be aware of the Red Flags, remain vigilant in detecting those Red Flags that are applicable to a particular utility, and notify the Finance Director of the City if a Red Flag is encountered. As most cities will readily observe,the Red Flags have little relevance to the billing practices of city utilities. The Federal Trade Commission, responsible for enforcement of FACTA, offers no guidance on how city utilities can implement these policies other than to suggest"common sense." There is obviously little common sense in designating City utilities as"creditors" subject to FACTA. Implementing proactive measures to detect identity theft, such as comparing the names of all persons paying utility bills to the owners of property served, can be highly disruptive and costly to city operations. The recommended program minimizes costs as much as possible and is comparable to programs adopted throughout the country. More may be required of cities as court opinions and federal regulations further clarify the responsibilities of city utilities. KNE: RESOLUTION NO. 31 44 A RESOLUTION APPROVING AN IDENTITY THEFT PREVENTION PROGRAM TO MEET THE REQUIREMENTS OF THE FAIR AND ACCURATE CREDIT TRANSACTIONS ACT OF 2003 WHEREAS, The Fair and Accurate Credit Transactions Act of 2003, ("Red Flags Rule") requires certain financial institutions and creditors with "covered accounts" to prepare, adopt, and implement an identity theft prevention program to identify, detect,respond to and mitigate patterns,practices or specific activities which could indicate identity theft; and WHEREAS, the City maintains certain continuing accounts with utility service customers and for other purposes which involve multiple payments or transactions, and such accounts are "covered accounts" within the meaning of the Red Flags Rule; and WHEREAS,to comply with the Red Flags Rule, the City Council is required to approve the initial Identity Theft Prevention Program; now THEREFORE, THE CITY COUNCIL OF PASCO, WASHINGTON HEREBY RESOLVES AS FOLLOWS: Staff is hereby authorized and directed to implement the accompanying initial Identity Theft Prevention Program in accordance with, and to comply with,the Fair and Accurate Credit Transactions Act of 2003. PASSED by the City Council of the City of Pasco, Washington, this 16th day of March, 2009. SIGNED in authentication of its passage this 16th day of March, 2009. Joyce Olson, Mayor ATTEST APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney CITY OF PASCO IDENTITY THEFT POLICY I. BACKGROUND The risk to the City, its employees and customers from data loss and identity theft is of significant concern and can be reduced only through the combined efforts of every employee and contractor. II. PURPOSE The City adopts this sensitive information policy to help protect employees, customers, contractors and the municipality from damages related to the loss or misuse of sensitive information. This policy will: 1. Define sensitive information; 2. Describe the physical security of data when it is printed on paper; 3. Describe the electronic security of data when stored and distributed; and 4. Place the City in compliance with state and federal laws regarding identity theft protection. This policy enables the City to protect existing customers, reducing risk from identity fraud, and minimize potential damage to the City from fraudulent new accounts. The program will help to: I. Identify risks that signify potentially fraudulent activity within new or existing covered accounts; 2. Detect risks when they occur in covered accounts; 3. Respond to risks to determine if fraudulent activity has occurred and act if fraud has been attempted or committed; 4. Update the program periodically, including reviewing the accounts that are covered and the identity risks that are part of the program. III DEFINITIONS Identity Theft means fraud committed or attempted using the identifying information of another person without authority. A Covered Account means: 1. An account that a financial institution or creditor offers or maintains,primarily for personal, family, or household purposes that involves or is designed to permit multiple payments or transaction. Covered accounts include credit card accounts,utility accounts, checking accounts and savings accounts, and 2. Any other account that the financial institution or creditor offers or maintains for which there is a reasonable foreseeable risk to customers of to the safety and soundness of the financial institutions or creditor from identity theft, including financial,.operational, compliance, reputation or litigation risks. "Identifying information" is defined under the Rule as "any name or number that may be used, alone or in conjunction with any other information,to identify a specific person," including: name, address, telephone number, social security number, date of birth, government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer's Internet Protocol address, or routing code. II IDENTIFICATION OF RED FLAGS. In order to identify relevant Red Flags,the Utility considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with Identity Theft. The Utility identifies the following red flags, in each of the listed categories: A. Suspicious Documents Red Flans 1. Identification document or card that appears to be forged, altered or inauthentic; 2. Identification document or card on which a person's photograph or physical description is not consistent with the person presenting the document; 3. Other document with information that is not consistent with existing customer information(such as if a person's signature on a check appears forged); and 4. Application for service that appears to have been altered or forged. B. Suspicious Personal Identifying Information Red Flags 1. Identifying information presented that is inconsistent with other information the customer provides (example: inconsistent birth dates); 2. Identifying information presented that is inconsistent with other sources of information(for instance, an address not matching an address on a credit report); 3. Identifying information presented that is the same as information shown on other applications that were found to be fraudulent; 4. Identifying information presented that is consistent with fraudulent activity(such as an invalid phone number or fictitious billing address); 5. Social security number presented that is the same as one given by another customer; 6. An address or phone number presented that is the same as that of another person; 7. A person fails to provide complete personal identifying information on an application when reminded to do so (however, by law social security numbers must not be required); and S. A person's identifying information is not consistent with the information that is on file for the customer. 2 C. Suspicious Account Activity or Unusual Use of Account Red Flags 1. Change of address for an account followed by a request to change the account holder's name; 2. Payments stop on an otherwise consistently up-to-date account; 3. Account used in a way that is not consistent with prior use(example: very high activity); 4. Mail sent to the account holder is repeatedly returned as undeliverable; 5. Notice to the Utility that a customer is not receiving mail sent by the Utility; 6. Notice to the Utility that an account has unauthorized activity; 7. Breach in the Utility's computer system security; and 8. Unauthorized access to or use of customer account information. D. Alerts from Others Red Flag 1. Notice to the Utility from a customer, identity theft victim, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in Identity Theft. III DETECTING RED FLAGS. A. New Accounts In order to detect any of the Red Flags identified above associated with the opening of a new account, Utility personnel will take the following steps to obtain and verify the identity of the person opening the account: Detect 1. Require certain identifying information such as name, date of birth, residential or business address,principal place of business for an entity, driver's license or other identification; 2. Verify the customer's identity(for instance,review a driver's license or other identification card); 3. Review documentation showing the existence of a business entity, and 4. Independently contact the customer. B. Existing Accounts In order to detect any of the Red Flags identified above for an existing account, Utility personnel will take the following steps to monitor transactions with an account: 3 Detect 1. Verify the identification of customers if they request information (in person, via telephone, via facsimile,via email); 2. Verify the validity of requests to change billing addresses; and 3. Verify changes in banking information given for billing and payment purposes. IV PREVENTING AND MITIGATING IDENTITY THEFT' In the event Utility personnel detect any identified Red Flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the Red Flag: A. Prevent and Mitigate 1. Continue to monitor an account for evidence of Identity Theft; 2. Contact the customer; 3. Change any passwords or other security devices that permit access to accounts; 4. Not open a new account; 5. Close an existing account; 6. Reopen an account with a new number; 7. Notify the Program Administrator for determination of the appropriate step(s)to take; 8. Notify law enforcement; or 9. Determine that no response is warranted under the particular circumstances. B. Protect customer identifying information In order to further prevent the likelihood of Identity Theft occurring with respect to Utility accounts, the Utility will take the following steps with respect to its internal operating procedures to protect customer identifying information: 1. Ensure that its website is secure or provide clear notice that the website is not secure; 2. Ensure complete and secure destruction of paper documents and computer files containing customer information; 3. Ensure that office computers are password protected and that computer screens lock after a set period of time; 4. Keep offices clear of papers containing customer information; 5. Request only the last 4 digits of social security numbers (if any); 6. Ensure computer virus protection is up to date; and 7. Require and keep only the kinds of customer information that are necessary for utility purposes. 4 V PROGRAM UPDATES The Financial Services Manager will serve as the Program Administrator. The Program Administrator will periodically review and update this Program to reflect changes in risks to customers and the soundness of the Utility from Identity Theft. In doing so, the Program Administrator will consider the Utility's experiences with Identity Theft situations, changes in Identity Theft methods, changes in Identity Theft detection and prevention methods, and changes in the Utility's business arrangements with other entities. After considering these factors, the Program Administrator will determine whether changes to the Program, including the listing of Red Flags, are warranted. If warranted,the Program Administrator will update the Program. VI. PROGRAM ADMINISTRATION. A. Oversight Responsibility for developing, implementing and updating this Program lies with the Identity Theft Committee for the City. The Committee is headed by the Program Administrator. The Utility Billing/Customer Service Manager shall also serve as a member of the committee. The Program Administrator may appoint other City staff to the committee as necessary. The Program Administrator will be responsible for the Program's administration, ensuring the appropriate training of staff, reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating Identity Theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering and making periodic changes to the Program. B. Staff Training and Reports Personnel responsible for implementing the Program shall be trained either by or under the direction of the Program Administrator in the detection of Red Flags, and the responsive steps to be taken when a Red Flag is detected. Staff should prepare a report at least annually for the Program Administrator, including an evaluation of the effectiveness of the Program with respect to opening accounts, existing covered accounts, service provider arrangements, significant incidents involving identity theft and responses, and recommendations for changes to the Program. C.,Service Provider Arrangements In the event the City engages a service provider to perform an activity in connection with one or more accounts, the City will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of Identity Theft. 1. Require,by contract, that service providers have such policies and procedures in place; and 2. Require,by contract,that service providers review the City's Program and report any Red Flags to City staff. 5 AGENDA REPORT FOR: City Council March 11, 2009 TO: Gary Crutchfiel ty anager Regular Mtg.: 03/16/09 FROM; Rick White, Community & conomic Development Director SUBJECT: Interlocal Agreement between the Port and City of Pasco I. REFERENCE(S): I. Proposed Resolution 2. Proposed Interlocal Agreement 3. Vicinity Map II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDDATIONS: 03/16: MOTION: I move to approve Resolution No. ` )14" 5 approving the Interlocal Agreement with the Port of Pasco for a joint planning effort east of the Cable Bridge and, further, authorize the City Manager to sign the Agreement. III. FISCAL IMPACT: Cost sharing with the Port not to exceed $15,000 IV. HISTORY AND FACTS BRIEF: A. City Council approved a Development Agreement for the Port of Pasco in January of 2009. The Development Agreement affects lands within the Big Pasco Industrial Center and sets standards for pennitted uses, design, public infrastructure installation, public access to the Columbia shoreline and phasing. B. The City owns land immediately west of the affected lands in the BPIC (Boat Basin), as do the owners of a number of private residences. The Port owns land immediately west of these lands (Tanks Farm Remediation Area). C. The residential properties north of the Boat Basin form an isolated residential district within a predominantly industrial area. The Tank Farm properties are undergoing environmental clean-up for petroleum removal. V. DISCUSSION: A. Taken together, the lands described above form the entire contiguous rivershore area west of Sacagawea Park and east of the Cable Bridge. With the Port's Master Plan and approved Development Agreement, there is an opportunity to begin a planning process for a coordinated effort at land use, infrastructure and amenity planning for the entire rivershore area east of the Cable Bridge. B. The planning process is expected to include an inventory of the physical conditions of the planning area and a public participation process. It is also expected to include recommendations for preferred land use, which will help identify financing options for public infrastructure. C. The proposed Interlocal Agreement provides framework for a joint planning effort and assigns a minority share of the costs (not to exceed $15,000) to the City, and the City to assume the lead in administering the planning process. The Port is responsible for the remainder of the costs (not to exceed $35,000). The final product is expected to be incorporated into the City's Comprehensive Plan. 3(e) RESOLUTION NO. �� A RESOLUTION ENTERING INTO AN INTERLOCAL AGREEMENT WITH THE PORT OF PASCO WHEREAS, the City Council approved a Development Agreement with the Port of Pasco in February of 2009 affecting lands within the Big Pasco Industrial Center(EPIC); and WHEREAS, The City leases lands from the Corps of Engineers immediately west of the BPIC (Boat Basin); and WHEREAS, Residential properties north of the Boat Basin form an isolated residential district within a predominantly industrial area; and WHEREAS, the Port owns lands immediately west of the Boat Basin (Tank Farm remediation area); and WHEREAS, the Port of Pasco has engaged in a Master Planning process for the BPIC and has received a Shoreline Management Permit for a portion of the industrial lands in the BPIC; and WHEREAS, Interlocal Agreements are authorized by RCW 39.34 and permit local governments to enter into agreements within their respective jurisdictions;and WHEREAS, the proposed Interlocal Agreement provides a framework for a joint planning effort between the City and the Port and is expected to include an inventory of the physical conditions of the planning area, a public participation process, recommendations for preferred land use, options for the financing of public infrastructure and cost sharing of the planning process; and WHEREAS, the lands described above form the entire contiguous shoreline east of the Cable Bridge and west of Sacagawea Park and provide an opportunity for a coordinated effort of land use, infrastructure and amenity planning; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. That the City Council adopts the Interlocal Agreement affixed as Exhibit"A" and authorizes the City Manager to sign the Interlocal Agreement. PASSED by the City Council of the City of Pasco this 16`h day of March, 2009. Joyce Olson, Mayor Sandy L. Kenworthy,Deputy City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney INTERLOCAL COOPERATIVE PROJECT AGREEMENT BETWEEN THE PORT OF PASCO AND THE CITY OF PASCO BY THIS INTERLOCAL COOPERATIVE AGREEMENT, hereinafter referred to as "Interlocal Agreement," entered into this 2nd day of February, 2009, the City of Pasco, Washington, a municipal corporation, hereinafter referred to as the "City", and the Port of Pasco, Washington, a municipal corporation, hereinafter referred to as the "Port", enter into the following agreement: WHEREAS, this Interlocal Agreement concerns land use planning and related issues for property located east of the Cable Bridge and adjacent to the Columbia River shoreline, in the City, as shown on Exhibit "A". Portions of this property are owned and controlled by the Port ("Tank Farm"), other portions are owned and controlled by the City and private owners ("Boat Basin"); and WHEREAS, the Port has applied for and received a City shoreline substantial development permit for a proposed Master Plan (SMP 08-001) for the property as shown in Exhibit "B". The approved Master Plan includes a mix of land uses and is divided into four general areas: (1) the Riverfront Business Park; (2) the Expansion Area; (3) the Retention Area; and (4) the Rail/Barge Terminal Area, NOW, THEREFORE, the parties agree as follows: Section 1. The Port and the City desire to prepare a subarea plan that will include the Boat Basin public and private properties and the Tank Farm area. The subarea planning process is intended to be incorporated into the City's Comprehensive Plan. It is also intended that the subarea plan will functionally incorporate and coordinate elements of the existing Port Master Plan (SMP 08- 001) with the Tank Farm and Boat Basin properties. The Port and the City will use their best efforts to complete the subarea planning process in a manner acceptable to both parties within two (2) years from the date of this Interlocal Agreement. Section 2. The subarea planning process will include (at a minimum): a statement of the desired results of the planning process, an inventory of existing physical conditions of the planning area, a public participation component, identification of preferred land use, a transportation (including bicycle and pedestrian facilities) and infrastructure element and a capital facility element that will identify preferred financing options. Additional components (design guidelines, development standards, regulatory and environmental constraints...) are encouraged. INTERLOCAL COOPERATIVE PROJECT AGREEMENT- I Section 3. The Port and the City acknowledge that the planning process will involve the assistance of a planning consultant, and hereby agree to share the costs. The City shall contract with the consultant, and will pay 30% of such costs (not to exceed $15,000.00 total). The Port will pay the remainder, provided the entire cost shall not exceed $50,000.00. The Port shall reimburse the City for its respective share of the cost within thirty (30) days of receipt of an invoice. Section 4. The City and the Port may terminate this Interlocal Agreement by mutual agreement. In the event the Interlocal Agreement is terminated, both the City and the Port will receive an electronic and hard copy of all work conducted up to the termination date. Section 5. This Interlocal Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by the laws of the State of Washington. Venue of any suit between the parties arising out of this Interlocal Agreement shall be the Superior Court for the County of Franklin, State of Washington. Section 6. This Interlocal Agreement may be changed, modified, or amended only upon written agreement executed by the parties. Section 7. It is not intended that a separate legal entity shall be established to conduct the cooperative undertaking nor is the acquiring, or holding, or disposing of real or personal property anticipated. The City Manager and Port Executive Director are designated as the Administrator of the project. Section 8. This Interlocal Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by reference are attached. No other understandings, verbal or otherwise, in regard to the subject matter of this Interlocal Agreement, shall be deemed to exist or to bind any of the parties. Section 9. This Interlocal Agreement shall be filed or placed on the City's and the Port's web sites as provided by RCW 39.34. CITY OF PASCO PORT OF PASCO By: By: Gary Crutchfield, City Manager James E. Toomey, Executive Director INTERLOCAL COOPERATIVE PROJECT AGREEMENT-2 1141..r'✓' - � Y•- << li�1 ,� ice' q� •sF>. r •� , cif i t'4 .�, Sru � W l 'vs sly t C 03 _ r... .. ttf•. ef Wi pow Poo x.+11}:lP!' � -;�� �`'�.e �f :i tl�` •+ r� ��.. Sae �''•�9. _ ..wl•, / �!jj... T7 ! 1 � t V Out. .. -• .� ,,yam�• � � ..>,:......,y, -- AGENDA REPORT FOR: City Council March 11, 2009 TO: Gary Crutchfi Manager Regular Mtg.: 3116109 Rick White, Community& 1 conomic Development Director FROM: David I. McDonald, City Planner SUBJECT: EASEMENT VACATION: Waterline Easement and Access Easement in the Northwest Commons Development(MF#VAC09-005) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Vacation Petition II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 3116: MOTION: I move to approve Resolution No.314� , setting 7:00 p.m., Monday, April 20, 2009, as the time and date to conduct a public hearing to consider vacating a utility and access easement through Section 11, of Township 9 North, Range 29 East. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owners and developers of the Northwest Commons subdivision have petitioned to vacate a waterline easement running north/south through the center of the Northwest Commons development. The developers have also petitioned to vacate an access easement through a portion of Northwest Commons Phase 1. The easements are not needed and create unnecessary encumbrances on existing and future lots in Northwest Commons. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is April 20, 2009. 3(f) , r jot 1(' :i •. app 4f 2o Uf • F � t } a d r ,ate tI :� KDO VA 4 ' WIN All .,jam h. k �': ( � is •�� - T �Gi''! •PI '� '• r �. fUYxY:: ���1B��W'i'^kaW:llN.LiTE-Y�•[ica:+ciR,� �.�-..R. yR y� ._-. _:.J'-i_� � `�'—. y 'All S? ' �"� � Spa ��•• � �_ .� - :. - � r - RESOLUTION NO. 3 '`1 P A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A WATERLINE EASMENT AND ACCESS EASMENT IN SECTION 11, TOWNSHIP 9 NORTH, RANGE 29 EAST. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way or easements;and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating the north/south waterline easement located along the center line of Section 11, Township 9 North, Range 29 East together with the access easement across Lots 10-18 Northwest Commons PUD Phase 1, will be held before the City Council of the City of Pasco in the Council Chambers at, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on April 20, 2009. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSED by the City Council of the City of Pasco this 16th day of March, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney Ain z W 0 10 VN00)t/21N. i V o 10'dN©l3�ad8 0 D w 10 d1aao1%400 O N13 -11 AM D w ST LN Op o. 0. g '2LL o LL 0 0 a V z N1 al.&a_ ..� N N m O N-1 OlaOd NT.110d U low • Q -NI a31�=_ ,� o U L o ►� w am > w W, ig � :N!,AM3fl zs-adoa N A33bn`0 • FEE $200 v r CITY OF FASCO STREET/ALLEY VACATION PETITION MASTER F[LE # DATE SUBMITTED: I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the fnlinurin.r r1PCr r�har� street/alley rights-of-way: L'CtcSS_ LlTtcue7''- 1 .rc IM ALT k(t-n+jj Sj"%�1� APPLICANT: PROPERTY OWNED (Legal Description) Print Name: '?h .Sign Name 1+4r-.4 PA-V- . X40.%U-P--AD-ova Address: Z ,.� � wr.t, 11 Phone #4 , X22-' tta ate Print Name: Sign N / C►rc-r ar APPLICANT: r - $Rt1PTR'i`�'OWiAED ft egal i��ip�uy P.dnt Name: Sign Name: Addrvas• 2: yo/ Phon # 2 L-7$2-S z-3 Date `z z _q „ wf 4 c-m,=% rsrr�,.�i:� Print Name: V�Q eO Sign Name: Address: Phone # $ 7bZ 9i1 Date Z $ c�+ te P1�T o�' ► �hweS, Print Name: 1 fit. Y IA-T t:Rl r j \104'J v E A a-C 171 A S r4t Sign Name: �Iz9E 33�0 -?eCoRAS Date Print Name: Sign Name: Date AGENDA REPORT FOR: City Council March 11, 2009 TO: Gary Crutchfiel it Manager Workshop Mtg.: Rick White, J-i Regular Mtg.: 3116109 Community & Economic Development Director FROM: David I. McDonald, City Planner SUBJECT: Critical Area Ordinance (MF#CA08-003) I. REFERENCE(S): * (Note) 1. Proposed Ordinance 2. Selected sections of the Proposed Code showing State Agency changes * Note: Attachments are provided in the Council Packets only. Copies of attachments are available for public review in the Planning Office, the Pasco Library or on the City's web site at www Pasco-wa-gov. 11. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 3/16: Conduct Public Hearing: MOTION: I move to adopt Ordinance No. an Ordinance repealing PMC Chapter 23.11 and enacting a new PMC Title 28 dealing with critical areas and, further, authorize publication by summary only. 1I1. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: 1. In the early 1990's the Growth Management Act (GMA) required the city to adopt regulations for the protection of critical or sensitive environmental areas. Subsequent amendments to the GMA mandated cities and counties to update critical area ordinances using the best available science. 2. As required by the GMA a draft critical area ordinance was prepared for Planning Commission review in 2008. The Planning Commission held two workshops and two public hearings on a proposed critical area ordinance. Planning Commission workshops were held on August 21, 2008 and January 15, 2009. The public hearings were held on September 18, 2008 and February 19, 2009. 3. Following the September 2008 hearing the draft ordinance was forwarded to the State Department of Community Trade and Economic Development (CTED) for the required 60-day review by state agencies. CTED and the Department of Ecology made several suggestions for changes and corrections to the draft ordinance. The Planning Commission held its second hearing on the final draft during its February 19, 2009 meeting. V. DISCUSSION: Critical areas are defined by the GMA as wetlands, aquifer recharge areas with critical recharging effect on aquifers used for potable water, frequently flooded areas, fish and wildlife habitat conservation areas and geological hazard areas. In an ecological or natural sense, these lands provide beneficial values and functions by restoring ground 7(a) water levels (as in aquifer recharge), serve as flood protection zones (wetlands) and provide critical food production areas for sustaining fish &wildlife (habitat). Geologically hazardous areas are deemed critical in the sense that they present potential hazards to life and property. These areas include lands that are susceptible to erosion, landslides, earthquakes and other geological hazards. The purpose of the critical area ordinance is to conserve and protect environmentally sensitive areas and to protect the public from losses due to seismic events and other geologic hazards. The adoption of a critical area ordinance by the city is not optional. It is a mandated requirement of the GMA. Because the critical area ordinances are part of the GMA requirements the City Attorney advises it will be necessary to hold a hearing prior to the adoption of the proposed code language. A hearing has been scheduled for March 16,2009. AGENDA REPORT FOR: City Council March 5, 2009 TO: Gary Crutchfi i(Director anager Workshop Mtg.: 319109 Stan Strebel,A Regular Mtg.: 3/16/09 FROM: Jim Chase, Finance Manager SUBJECT: Use Tax on Natural Gas I. REFERENCE(S): 1. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 319: Discussion 3/16: MOTION: I move to adopt Ordinance No. imposing a Use Tax on Natural Gas used within City Limits. III. FISCAL IMPACT: $30,000+ annually IV. HISTORY AND FACTS BRIEF: A) The city has collected utility/occupational tax for natural gas from various sources for decades. Cascade Natural Gas is the largest payer of the tax. As a result of deregulation by the state in the early 1980s, some businesses started purchasing their natural gas supplies from "brokers" (at discount rates) and contracted with Cascade Gas to transport the gas from point A to point B. Those "brokers" have also been required to pay the city's utility tax. B) A 2007 lawsuit involving a manufacturing company purchasing natural gas outside the city limits of the City of Tacoma and trucking it into Tacoma where it was used in their manufacturing process, originally favored Tacoma's taxing of the gas actually used within city limits. It was based on RCW 82.14.230 authorizing cities to impose a use tax for the privilege of using the natural gas. That decision was appealed and overturned last year by the State of Washington Court of Appeals. The court's decision agreed with that of the manufacturing company that RCW 82.12.010 indicates that "use" is the first act within the state by which the taxpayer takes or assumes dominion or control. The first act typically takes place outside of the city limits. That appeal has been presented to the Supreme Court for review and is pending. C) The effect of the court case, unless overturned by the Supreme Court, will reduce Pasco's utility tax income an estimated$30,000 annually. V. DISCUSSION: A) The Association of Washington Cities on behalf of more than 40 cities across the state,has asked the State Legislature to change the language in the state law so the use tax on natural gas can occur where the tax is used (House Bill 1422). B) Staff recommends adopting the proposed ordinance clarifying the tax on "brokered" natural gas as a "use tax." Doing so will minimize the 2009 loss of utility tax income, assuming legislative approval of HB 1422. 8(a) ORDINANCE NO. AN ORDINANCE RELATING TO IMPOSING A USE TAX ON NATURAL GAS AND ADDING A NEW SECTION TO CHAPTER 3.98 OF THE PASCO MUNICIPAL CODE WHEREAS, the City of Pasco currently requires all business within the City of Pasco to be licensed and pay the required fees, and, WHEREAS, the license fee for any Utility is the payment of the Utilities-Occupation Tax, and, WHEREAS, this tax would include businesses selling, manufacturing, or distributing natural gas for residential, commercial or industrial consumption, and WHEREAS, the Occupation-Utility Tax is currently eight and one-half percent (8.5%) of the gross operating revenues from such sales within the limits of the city, and WHEREAS, there are businesses that broker the sales of natural gas to customers inside city limits,whose sales may technically take place outside of Pasco city limits, and WHEREAS, in order to assure equity in the collection of a tax on all natural gas used within Pasco city limits, it is necessary to impose a Use Tax on the use of Brokered Natural Gas that is used within city limits, and WHEREAS, the rate of use tax on Brokered Natural Gas shall be set at the same rate as the Utility-Occupation Tax, NOW THEREFORE, , THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. There is hereby added a new section 3.98.022 to Chapter 3.98 of the Pasco Municipal Code to read as follows: 3.98.022 NATURAL GAS — USE TAX IMPOSED. There is hereby levied and shall be collected from every person within the City a use tax for the privilege of using natural gas within the City as a consumer. The tax shall be levied and collected in an amount equal to the value of the article used by the taxpayer multiplied by the rate imposed upon the occupation or business activity of furnishing or selling natural gas as provided in Section 5.32.040 (C) as now or hereafter amended. The amount shall be subject to such exemptions and exclusion and procedures as provided by RCW 82.12.022 and the rules of the State of Washington Department of Revenue adopted in accord therewith. Section 2. This ordinance shall be in full force and effect five (5) days after passage and publication. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this 16th day of March 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney Use Tax on Natural Gas Page 2 AGENDA REPORT FOR: City Council March 6, 2009 TO: Gary Crutchfi anager Workshop Mtg.: 3/9/09 Stan Strebel, A mmi tive & Community Services Director Regular Mtg.: 3/16/09 FROM: J4 Ch , Finance Manager SUBJECT: Ambulance Utility Monthly Rate Increase L REFERENCE(S): 1. Ambulance Service Fund Financial History 2. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/9109 DISCUSSION: 3116/09 MOTION: I move to adopt Ordinance No. authorizing an increase in the monthly Ambulance Utility Fee, and to authorize publication by summary only. III. FISCAL IMPACT: See below IV. HISTORY AND FACTS BRIEF: In 2007, after the Ambulance Utility Rate Study was completed by HDR, Inc., the City began charging a monthly ambulance utility fee of $3.00. Also, as a result of the rate study, the amount billed for an ambulance transport for residents was reduced to $660, from the previous rate of $950. The non-resident rate was also reduced to $990, from $1,140. The monthly ambulance utility fee of $3.00, which every residential and commercial location pays, generated a total of$693,937 for the utility in 2008. Ambulance transports and the related mileage fees billed during 2008 generated a "net" total of $835,857 (Medicare & Medicaid/DSHS write-offs totaled $591,344 and the amount sent to collection totaled $172,591). The City's General Fund is also required, per state law, to contribute to the utility. That amount totals $420,000 each year. Total revenues in the utility for 2008 amounted to $1,977,759. Total operating expenses (not including capital expenditures) for the utility in 2008 amounted to $2,035,240. This equates to an operating loss of about $57,480. Capital assets purchased in 2008 totaled about $59,277. This represents a shortfall in the fund of$116,757. 2009 budgeted revenues less budgeted operating expenditures indicate a shortfall of approximately $63,950. Capital assets budgeted totals $12,500 for an overall shortage of $76,450 (for 2009). V. ADDITIONAL DISCUSSION To recover the shortfall from 2008 and provide additional funding in 2009, a rate adjustment needs to be made. Following are several options: Option 1: The monthly fee could be increased to $3.60 (a 20% increase) and would generate approximately $135,000 of revenue. This would equate to an additional $7.20 per year for a single family residence. 8(b) Option 2: Increase transport fees by 23% to $815 resident and $1,225 non-resident. This would generate approximately the same dollar amount. This estimate calculation is more complex in that approximately two thirds of the transports are billed to Medicare or Medicaid/DSHS where the City is required to accept a reduced payment amount. The amount the City receives from Medicare for Advanced Life Support (ALS) and Basic Life Support (BLS) for 2009 is $349.94 and $294.68 respectively. Staff then bills the client the authorized co-pay amount (usually $75 to $95), and writes off the remainder. The amount received from Medicaid/DSHS for ALS and BLS for 2009 is $168.43 and $115.34 respectively and the City writes off the remainder(there is no co- pay billed to the patient). Option 3: Provide additional General Fund support (in addition to the $420,000 it is already obligated to provide). VI. ADDITIONAL INFORMATION The City of Richland's current monthly ambulance utility rate is $3.16. Their transport rate is $608.18 for residents and$912.27 for non-residents. The City of Kennewick's current monthly ambulance utility rate is $3.12. Their transport rates are $578.06 for residents and $867.09 for non-residents. Both Richland and Kennewick have lower percentages of Medicare and Medicaid/DSHS billings than Pasco. The City of Moses Lake current monthly fee is $3.58. The City of Sunnyside charges $3.75. p O C) O p O O O o O O ,., O O O O O 00 m �LO O O O N u7 C p o0 N P Q _ Lo p M co O P O N O 'D O r O N OD r Q) f- C Ol C) ID O N N 7 d n OO r O? 6s a) E N co r r E w CL _ O w O O O O O 1t V) t` U O O O �t r eft W O P P O O 00 � U r.. p ti N N 00 Cl) O O r p tD P O N PO 3 V) co 'R N h M V7 C) (D O N N U (O P I-T O O m N Q r r (V N r y} O U P (D M N cA LfJ f� 0 r 0 O Co O O 0 O r r C) N i` LO r M T N 'G I� M O O O O - n f6 V 0 O N " u? O �" a) D p O 00 11 (D O 0 O O O O� O (00 60i N N Q CD � (d co~ OOO N co N d N N 11 fR r r r �i 3 a) C O O 00 O N (�P M V' co O `- 0) m w O(D N 04 O O m M N r M OD N 1 w N 0 r N C) cli q7 Q � to � co N M (fl C) N U Or Q) r r r N r d) to V3 m qc (L1 O O O O (O O r OD co � O LO O N Io 00 O O O O N M a) lf) CD 0 u) O O Q) O ~ m O (Q O �t O Q) O M N (fl a) p 3 a0 r C (D C bObi N r N 0 a) N r O r N Q co N O O O tf N h r n r r r k4 x W Q) C O O O 0 0 C) m w O 0 V co C) N �p In 0 0 O O O P CD a)) N O O) O 0 (D Cl) C co r (y O O r M O N LO O O Ln c6 r O � O O O r O N O 0. O O I- IT (D f(D r r In M O r LO N N Q N O (D N T co 0 69, (,R N 0) 04 CD qcr U O O O 000 N O ti O � ti ti ce) O O C) (D ' (D N M 03 _ _ C) � r r P j co m A O O Lo N n N N Q co N 00 M N r M toll U3 z a) 7 U U O � d C 4) O d �p l6 C a) _ � N V m ~ E O m m `) (D U m D C in ' m s ? v m :3 Z la f° *' a) a) w (co LL- 4) n LL li n. Q ea y U � a) x ui C 0) y y W U y o a) V=j C d a) N — j H d tL u a) p rd d) v a x (o }�W O ) LL ) U. " C > a C N Q u) W > co a C tJ LL m z w Q ~ N E d a) m LL E G' O E ro -� aa)i m n m Q m a w Q w° Q co to 75 to 0 t E m o m a) E m a) o n m o Q Z E- Q Q F- m O 0 f- O U t- ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3.07 TITLED FEE SUMMARY, AUTHORIZING AN INCREASE IN THE MONTHLY AMBULANCE UTILITY FEE. WHEREAS, the City Council of the City of Pasco has determined an increase in the monthly ambulance utility fee is warranted; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 3.07.010 entitled "Ambulance" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 3.07.10 AMBULANCE B) Monthly Ambulance Service Fees Fee/Charge Reference 1) Family Residential Ambulance Service Fee $3.60 x:90 3.05.025 2)Multi-Family Residential Ambulance Utility Fee $3.60 $3.00 3.05.025 3) Commercial/Business Ambulance Utility Fee $3.60S3-..Q0 3.05.025 4) Industrial Ambulance Utility Fee $3.60 x3:00 3.05.025 Section 2. This Ordinance shall take full force and effect immediately on April 1, 2009, after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this 16th day of March, 2009. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council March 11, 2009 TO: Gary Crutchfie fanager FROM: Stan Strebel, Admiam',stra ' e.and Community Workshop Mtg.: 3/9/09 Services Direct ! Regular Mtg.: 3/16/09 SUBJECT: Request to Use Softball Complex for Pasco High Class Reunion I. REFERENCE(S): 1. Special Event Application 2. Pasco Municipal Code 9.20.020 3. Resolution No. 2879 4. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3116: Motion: I move to approve Resolution No. authorizing the use of the Pasco Softball Complex for the 2009 Pasco All Class Reunion. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Representatives of the 2009 Pasco High All Class Reunion have requested a Special Events Permit to hold a portion of the reunion (Friday, August 7, 2009) at the Road 68 Softball Complex. B) In addition to food and display booths the event includes live bands and dancing and a proposed beer garden. From 800—2,000 participants are expected. C) PMC 9.20.020 prohibits the possession or consumption of liquor in City parks or recreation facilities without a special permit. Resolution 2879 authorizes staff to issue permits that allow liquor use for public events only at three specific locations: Peanuts Park, Farmer's Market and Wade Park (Water Follies only). While it could be argued that this event is not a public event, staff has been hesitant to issue permits at recreational facilities due to the City's longstanding practice of not issuing such permits. D) According to class reunion representatives, they have had difficulty locating the event at more traditional convention venues. Representatives have been invited to the meeting to discuss their event and answer questions. E) There are no conflicting events at the complex for the proposed date; softball leagues usually wind down by the end of July. F) In the event that Council decides to approve the event at the softball complex, staff suggests a fee of $1,000 in addition to the typical supervision liquor insurance and deposit requirements, owing to the administration and logistics processing required for the event. 8(C) (-Ay of Pasco city clews office 525 N 31"Ave PO Box 293 Pasco WA 99301 Ph: 509-545-3402 Fax:509-543-5727 www.pasco-wa.gov Special Event Application Applicant Information: { Applicant/Organization Name 64 A WV64 ❑ Corporation ❑ LLC ❑ Partnership ❑ Sole-Proprietor 2rOther UBI# FEIN # or $S# s Address j( C f r City Pik�& St�_ zip 1�3 Mailing Address _ �v `' . City St u)A� zip q�_30 1 i Phon Man a ax MMML Email 1 Contact Person Lc.�t t { Mailing Address Phone ax Email Other Contact Person ;;IQ If8e. Mailing Address Phone Fax Emaf Event Information: _ Kevi v,1N�tl la►Ms Type of Event_f-1 L ( ASS kept lit '0" Name of Performers PI-06 -1—V Worm tk I Describe all activities that will tale puce at Event.�L �� 0145i�.{,. � ,�D� - z t (-01 � azz 5a v\,�s a I C,[ass 1 C, cad Pn 10.1 I � ( te.�dS Address 5ZO JZA P sc D Location of Event'POI F �__ �,�r-� 0. Date of Event S� ��09 1 Hours of Operaboox KOO" 4' 1117 " Pn<st� Set-up Date/Time rruct,7,i- cam( Dismantling Date/Time M- 12-x $ U� +�f' ;dc�AM Contact Person During Event�l�cG.elte. Nlks43-, "7 Phone During Even Estimated Number of Attendees 9D— ZCOC Age of Attendees L ff-- Will you have Vendors? ® Yes No Est# of Vendors Will you use amplification equipment? ® Yes ❑ No Did you receive Noise Ordinance? Yes ❑ No Will you have a sign? Yes ❑ No Alcohol Sales? Yes ❑ No Will you be charging Admission to this Event? Yes No If yes, how much?� Pew-t'{ qeU.."t* ) Wt�na Special Events Application 3/5 4/2008 city of Paso, city Clerks office 525 N 3''Ave PO Sox 293 Pasco WA 99301 Ph: 509-545-3402 Fax:509-543-5727 www.pasco-wa.gov Person/Entity liable for collection and payment of Admission Tax :Ms AU Cta55 j�eu.w 10 n Mailing Address [Q f� 1 City Pal' o St V--A Zip! 15pl Phon Fax Email 44 Y-o 6-4&r6 C qo10©•C4 1 i Person/Entity Gable for payment of Retail Sales Tax Pf45 4(( Cf6LS5 Resli-t cwt Mailing Address RQ 501 City R5�z St �Qk Zip Q� Phone Fax AINMENOW Email � 5e°buf I Attachments: �• Copy of your Picture ID ,r• Copy of any Brochures, Flyers, or Mailings advertising this event v• Map of your event location (streets, parking, buildings, stages etc) • Written consent of Owner of Property � a Copy of your Security Contract • Map of parade route a Preliminary Vendor List (Final List due 3 days before Event) Include Namle. Address, Phone, and gods/Services offers i INSURANCE--The City does not maintain insurance that will respond to claims against the applicant arising out of the use of facilities by the applicant, its members,or those attending the event. Depending on the type of event you are planning,and the activity and risk level of your group,you may be required to obtain bodily Injury and property damages liability insurance In accordance with city policy, name the City as an additional Insured on the policy,and be responsible for obtaining said Insurance.After reviewing this app€€cation, the City will determine whether you must obtain liability insurance. AGREEMENT—Depending on the type of event planned,you may be required to defend, Indemnify and hold harmless The City, its agents,employees and officials, while acting within the scope of their duties,from all causes of action,demands and claims, including the cost of their defense,arising in favor of the organization, the I organization's employees or third parties on account of personal injuries, bodily injuries,death,or damage to property arising out of the acts of omissions of the organizatbn, Its employees or representatives, r concessionaires of the event or any other person or entity, except for liability caused due to the sole negligence l of the City. After reviewing this applicatbn,the City will determine whether you must agree to indemnify the Qty j and its agents. r Signature pate f ij class p2ul1o�'1 �✓'�5(c '_ (- Organization Title Special Events Application 4/5 412008 PASCO HIGH SCHOOL ALL CLASS REUNION °. 'a.E:`.�a is , �: �'� "!�• �. . 'l ;.... :r [:� , s : v " rAA 7. ev t.��`$ ''�K —.....�.....,.-._..... .,lf r'•.. ::." ';r<r.'•.. _ ... .. ._.._ .. �s?tis'••..:yam`,1 .. r 4 • a L3. • FOOD AREA TENTS/CLASS DISPLAYS ti k r 5 �1 h � CHAPTER 9.20 INTOXICATING LIQUOR Sections: 9.20.010 STATE ALCOHOLIC BEVERAGE CONTROL LAW ADOPTED................ 24 9.20.020 CONSUMPTION WITHIN PARK AND RECREATION FACILITIES PROHIBITED WITHOUT PERMIT.................................................................. 24 9.20.010 STATE ALCOHOLIC BEVERAGE CONTROL LAW ADOPTED - PENALTY FOR VIOLATIONS. Title 66 RCW, relating to alcoholic beverage control as amended, shall to the extent that its provisions are applicable to the police power of the City of Pasco, be the law of the City of Pasco. Every person who violates any provisions of Title 66 RCW and by reference thereof, of this title, shall be guilty of a violation of this chapter, and the penalties for such violations as set forth in Title 66 RCW, including but not limited to RCW 66.44.180, shall be the penalties for a violation of this chapter, not withstanding any other provision of Pasco Municipal Code. 9.20.020 CONSUMPTION WITHIN PARK AND RECREATION FACILITIES PROHIBITED WITHOUT PERMIT. A) It is unlawful to open a package containing liquor, or to possess or display an open container of liquor or to consume liquor in any City park or recreation buildings, facility or structures within the City without a current rental permit issued by the City. A rental permit may be issued upon application for such rental permit from the Administrative & Community Services Director of the City of Pasco or his designee. Such rental permit may be issued on the following conditions: (1)The applicant must produce evidence that he has a banquet permit from the Washington State Liquor Control Board; (2)Payment of rent in an amount fifty percent higher than the regular rental fee; (3)The applicant deposits a sum determined by the Administrative & Community Services Director to be sufficient to insure proper performance of cleanup by the applicant subsequent to the event for which the banquet and rental permit is issued and for payment of damages; (4)The applicant furnishes to the City evidence that he has in full force and effect a liability insurance policy that includes liquor liability, in such amounts and coverages as prescribed by the City's insurer covering any bodily injury or property damage arising out of or in any way connected with the use of the city facility by the applicant. A surety bond approved by the City in the same amounts may substitute for insurance; (5)The applicant must affirm in writing that the attendance at the function for which the rental permit is issued is not pursuant to a general invitation to the public, but pursuant to invitations to either specifically named individuals or to actual members of the applicant's organization; provided that the City Council may waive this requirement by resolution upon a showing by the applicant that special circumstances exist which would merit such waiver, and that adequate PMC Title 9 8/4/2008 24 provisions have been made to accommodate the anticipated number of persons who attend the function for which the rental permit is issued; (6)The applicant agrees that he or she will save the City of Pasco harmless from all losses or damage occasioned to him or her or to any third person or party by reason of any act or omissions of the applicant or anyone using the premises pursuant to the rental permit. He or she shall, after reasonable notice thereof, pay the expense of any suit, which may be commenced against the City of Pasco by any third person alleging injury or loss by reason of such acts, (7)The applicant shall furnish written confirmation from the Chief of Police of the City of Pasco that adequate provision has been made by the applicant for police, security, and traffic control, considering the type of activity purposed by the applicant; (8)The applicant shall comply with all applicable fire codes and regulations. (Ord. 3757 Sec. 1, 2006; Ord. 3495 Sec. 1, 2001; Ord. 2333 Sec. 1, 1982.) B) Any person violating this Section shall be guilty of a Class 3 civil infraction and subject to the penalties imposed thereon by law. (Ord. 3757 Sec. 1, 2006). PMC Title 9 8/4/2008 25 RESOLUTION NO. 2 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, DESIGNATING ACCEPTABLE LOCATIONS FOR THE POSSESSION, DISPLAY OR CONSUMPTION OF LIQUOR SUBJECT TO CERTAIN REQUIREMENTS. WHEREAS, Pasco Municipal Code Section 9.20.020 provides that the City Council may, by Resolution, authorize park and recreation and other enclosed or restricted areas for the lawful possession, display or consumption of liquor subject to the requirements of said section; and WHEREAS, the City Council desires to designate acceptable locations for the possession, display or consumption of liquor; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. The following locations are designated as acceptable, subject to the provisions of PMC 9.20.020, for the possession, display or consumption of liquor: A. Peanuts Park B. Farmer's Market C. Wade Park(for the annual Water Follies event only) 2. The Director of Administrative and Community Services is authorized to issue permits for liquor use at the locations listed in Section 1 of this resolution pursuant to the provisions of PMC 9,20.020 and to waive the "specific individual" requirements of said section(e). 3. Applications for liquor use in Peanuts Park or the Farmer's Market shall be subject to the recommendation of the Pasco Downtown Development Association, 4. Any applicant who is aggrieved by the decision of the Director of Administrative and Community Services made pursuant to this resolution or PMC 9.20.020 may appeal to the City Council. 5. City of Pasco Resolution No. 2606 is hereby repealed. PASSED by the City Council of the City of Pasco this 20th day of June2005. ai4haeloL.CaHiison Mayor ATTEST: APPROVED AS TO FORM: 7,��lb"4 J_ L__-, Sandy L. n orthy eland B.Kerr Deputy City Clerk City Attorney RESOLUTION NO. A RESOLUTION of the City of Pasco, Washington, authorizing the use of the Pasco Softball Complex for the 2009 Pasco High All Class Reunion, including limited liquor use. WHEREAS, Pasco Municipal Code Section 9.20.020 provides that the City Council may, by Resolution, authorize park and recreation and other enclosed or restricted areas for the lawful possession, display or consumption of liquor subject to the requirements of said section;and WHEREAS,the 2009 Pasco High All Class Reunion is a unique event, encouraging the alumni of the City's only high school to gather; and WHEREAS, other potential venues within the City have been determined to be unsuitable or unavailable; and WHEREAS, the City Council, owing to the unique circumstances of the reunion, desires to authorize the use of the Pasco Softball Complex for said event,NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: The Pasco Softball complex is approved for the August 7, 2009 Pasco High All Class Reunion, including limited liquor(beer garden)use subject to the following: a. The event shall be concluded not later than 11:00 p.m. b. Amplified sound activities terminated not later than 10:00 p.m. c. The beer garden shall be closed not later than 10:00 p.m. SECTION 2: The Director of Administrative and Community Services is authorized to issue a permit for use of the facility to include provisions for: a. Facility supervision; b. Event security; c. Insurance d. Event fee of$1,000; e. Damage deposit; f. Extra sanitation; g. Such other provisions as are deemed necessary by the Director. PASSED by the City Council of the City of Pasco this 16th day of March 2009. Michael L. Garrison,Mayor ATTEST: Sandy Kenworthy, Deputy City Clerk APPROVED AS TO FORM: Lee Kerr,City Attorney AGENDA REPORT FOR: City Council March 12,2009 TO: Gary Crutchfie t Manager Workshop Mtg.: 03/09/09 Rick White, Regular Mtg.: 03/16/09 Community & Economic Development Director FROM: Angie Pitman, CDBG Administrator SUBJECT: Neighborhood Stabilization Program(NSP) I. REFERENCE(S): 1. Resolution Approving Neighborhood Stabilization Program(NSP) Work Plan Allocation 2. Map of Foreclosed Properties 2008 and 2009 11. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 3/09: Discussion 3/16: Motion: I move to approve Resolution No. ,approving the City's Neighborhood Stabilization Program(NSP)Work Plan Allocation. III. FISCAL IMPACT: $402,141 in NSP Grant Funds IV. HISTORY AND FACTS BRIEF: A) Washington State Community Trade and Economic Development (CTED) Department has been allocated $28,159,293 to establish and implement the Neighborhood Stabilization Program (NSP), which helps communities minimize the effects of foreclosures and abandonment of homes. The City of Pasco will receive $402,141 of the allocated NSP funds for neighborhood stabilization. The City accepted the NSP grant opportunity by letter on December 30, 2008. B) The Neighborhood Stabilization Program (NSP) Action Plan is required to be submitted to CTED by April 1, 2009 for use of the funds. C) An inventory of properties city-wide that have been abandoned or foreclosed through January 2009 indicate that there are 170 properties, 85 properties (50%) in low-income Census Tracts 201, 202, 203 and 204, and 85 properties (50%) in Census Tracts 205 and 206. V. DISCUSSION: A) The City has established the Community Housing Improvement Program (CHIP) for the purpose of furthering affordable housing opportunities in Pasco. CHIP gives priority to the Longfellow and Museum Neighborhoods in Census Tract 202 and is in compliance with Housing and Urban Development's HOME Investment Partnerships regulations(24 CFR 570.92). B) The Neighborhood Stabilization Program (NSP) Plan targets down payment assistance city-wide directing the most funding to alleviating foreclosure impact to neighborhoods in the quickest manner. C) Staff recommends the resolution approving the NSP Work Plan Allocation be approved. NSP Program Guidelines are forthcoming for Council review and adoption. 8(d) RESOLUTION NO. A RESOLUTION APPROVING THE NEIGHBORHOOD STABILIZATION PROGRAM(NSP) WORK PLAN ALLOCATION WHEREAS, the City of Pasco has been awarded $402,141 under the Neighborhood Stabilization Program authorized under Title III of the Housing and Economic Recovery Act of 2008 (HERA) and administered by the Community Trade & Economic Development Department of the State of Washington (CTED) under US Department of Housing & Urban Development (HUD) regulations for the purpose of stabilizing neighborhoods negatively affected by foreclosures and abandoned properties; and WHEREAS, staff has prepared the Neighborhood Stabilization Program (NSP) Work Plan for activities totaling $402,141; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. That the Neighborhood Stabilization Program (NSP) shall provide down payment assistance for homebuyers of foreclosed properties city-wide whose household income does not exceed 120 percent of the area median income for the Kennewick-Pasco-Richland Metropolitan Statistical Area; and Section 2. That the Pasco City Council hereby approves the Neighborhood Stabilization Program (NSP) Work Plan as follows: NSP Work Plan Housing Individuals Activity NSP Funds % NSP Units Served Down Pa ment Assistance $277,000 70% 21 63 Targeted at below 50% AMI $106,000 25% 16 48 Program Administration $19,141 5% TOTALS $402,141 100% 37 111 PASSED by the City Council of the City of Pasco this day of , 2009 CITY OF PASCO: Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney sf: v 1 • st t:� +. O 'ice �� _�Tf �' 1 _ _.1.. ..t_.i-w�Jrj� (i� 11♦ � V rim LM JJ • • _ l` CD • 1�1 '' ��� � � It Yr z, ' g 0 8 �� c4'S juf 0 ao CN c N N� ✓✓✓ y U G7 iV po O 7 lL LL U J U AGENDA REPORT TO: City Council March 12, 2009 FROM: Gary Crutchfie Manager Regular Mtg.: 3/16109 SUBJECT: Sale of Real Property at 26h & Brown I. REFERENCE(S): 1. Location Map 2. PMC Chapter 2.46 3. Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 3/16 MOTION: I move to approve Resolution No. , authorizing call for bids for purchase of city property at 26`h Avenue and Brown Street. III. FISCAL IMPACT: To be determined IV. HISTORY AND FACTS BRIEF: A) The city acquired a parcel of property at the northwest corner of 26`h Avenue and Brown Street in 2007, to accommodate the realignment of South 26"' at the corner (see reference 1). The project has been completed and the remnant of the property is surplus to the city's needs. B) PMC Chapter 2.46 (reference 2) provides rules for the disposition of real property held by the city. The City Council discussed the options for disposition at its January 12 meeting and concluded that the parcel should be disposed by sealed bid to the highest bidder. Council also directed staff to advise as to a minimum value for the property. V. DISCUSSION: A) The parcel is simply too small to present any significant opportunity for new development (buildings); however, it does appear to be potentially useful for parking, given the adjacent businesses (see reference C). Another potential interest is the adjacent residential property. B) Staff has obtained advice from a commercial real estate broker to help identify an appropriate minimum value for the parcel and has shared that advice with City Council in executive session; all things considered, staff recommends the minimum value for the property be not less than $28,000. C) Staff recommends Council approve the proposed resolution with a minimum value fixed by City Council. 8(e) 4 t ._ N 9Q�I L I�ET r ] i i ; i o � aAV H192 p -- p4 of ca i E--4 "Q o � E--4 O CQ o � � CHAPTER 2.46 SALE OF CITY PROPERTY Sections: 2.46.010 AUTHORITY TO SELL REAL PROPERTY..................................................................51 2.46.020 MINIMUM PRICE OF REAL PROPERTY ....................................................................51 2.46.030 PROCEDURE FOR SALE OF REAL PROPERTY EXCEPTION............ ....................51 2.46.035 NEGOTIATED SALES ....................................................................................................52 2.46.040 ADVERTISEMENT OF SALE OF REAL PROPERTY PUBLICATION - POSTING. 52 2.46.050 CONTENTS OF ADVERTISEMENT FOR SALE OF REAL PROPERTY...................52 2.46.060 OPENING BIDS FOR SALE OF REAL PROPERTY REJECTION..............................52 2.46.070 DEED TO REAL PROPERTY.........................................................................................53 2.46.080 AUTHORITY TO SELL PERSONAL PROPERTY........................................................53 2.46.090 MINIMUM PRICE OF PERSONAL PROPERTY..........................................................53 2.46.100 ADVERTISEMENT OF SALE OF PERSONAL PROPERTY BY CONSIGNMENT ORINTERNET AUCTION..............................................................................................53 2.46.110 ADVERTISEMENT OF SALE OF PERSONAL PROPERTY - PUBLICATION - POSTING..........................................................................................................................53 2.46.120 CONTENTS OF ADVERTISEMENT FOR SALE OF PERSONAL PROPERTY ........54 2.46.130 OPENING BIDS FOR SALE OF PERSONAL PROPERTY—REJECTION.................54 2.46.140 SALE OF PERSONAL PROPERTY FOR CASH EXCEPTIONS..................................54 2.46.150 BILL OF SALE TO PERSONAL PROPERTY ...............................................................54 2.46.010 AUTHORITY TO SELL REAL PROPERTY. Whenever it appears to the City Council that it is for the best interest of the City and the people thereof that real property belonging to the City should be sold, the City Council shall sell and convey such property under the limitations and restrictions and in the manner hereinafter provided. In making such sales, the City Council may sell timber, mineral, or other resources on any land owned by the City separate and apart from the land in the same manner and upon the same terms and conditions as provided in Sections 2.46.020 - 2.46.070 for the sale of real property. The City Council may reserve mineral rights in such land. (Prior code Sec. 2-10.04.) 2.46.020 MINIMUM PRICE OF REAL PROPERTY. The Council shall fix a minimum price at which real property may be sold by bid. No sale shall be made unless at least the minimum price fixed by the Council is bid. (Ord. 1991 Sec. 1, 1978;prior code Sec. 2-10.08.) 2.46.030 PROCEDURE FOR SALE OF REAL PROPERTY EXCEPTION. The City Clerk shall advertise for written competitive bids on any sale of real property except: A) When sale by a method other than through a competitive bid is specifically authorized by state law; B) When the value of the property to be sold is less than one thousand dollars based on a reasonable estimate accepted by the Council; C) When the Council setting forth its reasons by resolution declares its desire to attempt a negotiated sale. Passage of such a resolution does not bind the Council to sell the property by negotiation; D) When the Council setting forth the facts by resolution has declared an emergency to exist. The Council shall further direct by resolution the manner of sale appropriate to meet the emergency. Unless otherwise provided by law, all sales by competitive bid shall be as provided in this chapter. (Ord. 1991 Sec. 2, 1978; prior code Sec. 2-10.12.) 2.46.035 NEGOTIATED SALES. Following the passage of a resolution as provided in subsection (C) of Section 2.46.030, the Council shall direct the obtaining of at least one appraisal for the property being considered for sale. The appraisal shall be performed by an independent qualified appraiser. The appraisal shall determine the value of the property for the purpose it is intended to be used, and the value of the property for such other purpose or under such other circumstances as the Council may direct. The appraisal shall be performed not less than six months before the date of sale unless the Council by resolution setting forth its reasons provides for a longer period of time. The results of the appraisal shall be made public prior to the Council's approval of the sale of the real property. No real property shall be sold for less than any appraisal obtained without the Council setting forth its reasons by resolution. (Ord. 1991 Sec. 3, 1978.) 2.46.040 ADVERTISEMENT OF SALE OF REAL PROPERTY PUBLICATION - POSTING. The City Clerk shall publish an advertisement for bids once each week for two successive weeks in the official city newspaper. All pending sales shall also be advertised by any notice posted on a public bulletin board in a conspicuous place at the City Hall. Both posting and the date of last publication must be at least five calendar days before the final date for submitting the bids. (Prior code Sec. 2-10.16.) 2.46.050 CONTENTS OF ADVERTISEMENT FOR SALE OF REAL PROPERTY. The advertisement for bids shall particularly describe the property or portion thereof proposed to be sold, shall designate the place and the time that the bids will be opened, shall set forth the minimum price established by the Council, and shall set forth the terms of the sale. (Prior code Sec. 2-10.20.) 2.46.060 OPENING BIDS FOR SALE OF REAL PROPERTY REJECTION. The bids shall be opened in public at the time and place stated in the newspaper publication. The City Council may reject any or all bids, or the bid for any one or more of the parcels of realty included in the advertisement for bids. (Prior code Sec. 2-10.24.) 2.46.070 DEED TO REAL PROPERTY. Upon the sale of any property, the City Clerk shall have the necessary contract or deed issued and executed as required by law. (Prior code Sec. 2- 10.30.) 2.46.080 AUTHORITY TO SELL PERSONAL PROPERTY. The supplies, materials, and equipment not needed for public use may be disposed of by the City pursuant to this section. A) Personal property with an estimated value, per item, of less than $500 may be declared surplus by the City Manager and disposed of in a manner determined by the Manager to be most advantageous to the City,pursuant to Section 2.46.090. B) Personal property valued in excess of $500, per item, may be declared surplus and disposed of with authorization from the City Council, including minimum sale price, if any, and the manner of disposal. C) Personal property may be traded as consideration in the acquisition of replacement personal property when such replacement property is included as an authorized expenditure in the City's current operating budget. PMC 2.46 Page 2 of 3 D) Salvage/junk metals that have accumulated for purposes of sale as scrap metals may be disposed of by the Department Head having responsibility for such materials, in which case the metals shall be sold to the local dealer(s) offering the best current market price per measured weight or volume determined by telephone survey or other reasonable means. (Ord. 3820, 2007; Ord. 2787 Sec. 1, 1990; Prior code Sec. 2-11.04.) 2.46.090 MINIMUM PRICE OF PERSONAL PROPERTY. Personal property declared surplus may be disposed of through one of the following methods: A) By transfer to a governmental agency; B) In trade as credit toward the purchase of a like article; C) By sale through competitive sealed bid, public, consignment or internet auction. (Ord. 3820, 2007; Prior code Sec. 2-11.08.) 2.46.100 ADVERTISEMENT OF SALE OF PERSONAL PROPERTY BY CONSIGNMENT OR INTERNET AUCTION. In the event that surplus property is to be sold by consignment or internet auction, the City Clerk shall cause that notice of such sale shall be given, in such a manner as to provide reasonable notice to potential buyers of the sale. (Ord. 3820, 2007; Ord. 2787 Sec. 1, 1990; Prior code Sec. 2-11.12.) 2.46.110 ADVERTISEMENT OF SALE OF PERSONAL PROPERTY - PUBLICATION - POSTING. The City Clerk shall publish an advertisement of such auction or sale once each week for two successive weeks in the official city newspaper. All pending sales shall also be advertised by a notice posted on a public bulletin board in a conspicuous place at the City Hall. Both posting and the date of last publication must be at least five calendar days before the date for submitting the bids or the date of such sale. (Ord. 3820, 2007; Prior code Sec. 2-11.16.) 2.46.120 CONTENTS OF ADVERTISEMENT FOR SALE OF PERSONAL PROPERTY. The advertisement for bids must particularly describe the property proposed to be sold or shall refer to approved specifications on file in the office of the City Clerk, designate the place and the time when the bids will be opened, and shall set forth the minimum price established by the Council. (Prior code Sec. 2-11.20.) 2.46.130 OPENING BIDS FOR SALE OF PERSONAL PROPERTY - REJECTION. The bids shall be opened in public at the time and place stated in the newspaper publication. The City Council may reject any or all bids, or the bid for any one or more of the articles included in the advertisement for bids. (Prior code Sec. 2-11.24.) 2.46.140 SALE OF PERSONAL PROPERTY FOR CASH EXCEPTIONS. Sales of personal property must be for cash except; A) When property is transferred to a governmental agency; B) When the City property is to be traded in on the purchase of a like article, in which case the proposed cash allowance for the trade-in must be a part of the proposition to be submitted by the seller in the transaction. (Prior code Sec. 2-11.28.) 2.46.150 BILL OF SALE TO PERSONAL PROPERTY. Upon the sale of any property as provided for in Sections 2.46.080 through 2.46.140 the City Clerk shall, upon request, have the necessary bill of sale issued and executed as required by law. (Prior code Sec. 2-11.32.) PMC 2.46 Page 3 of 3 RESOLUTION NO. A RESOLUTION authorizing call for bids for purchase of city property at 26`h and Brown Street. WHEREAS, the city purchased a parcel of land situated at the northwest corner of 26`x' Avenue and Brown Street to accommodate redesign of said intersection and the project is now complete; and WHEREAS, the remnant of the parcel, approximately 10,838 sq ft in size, is deemed surplus to the city's needs and is not expected to be necessary for any other public purpose; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1: That the City Manager is hereby authorized and directed to call for sealed bids for the purchase of the subject parcel in accordance with PMC Chapter 2.46; provided, however, the city will not accept bids in an amount less than $ PASSED by the City Council of the City of Pasco this 16th day of March, 2009. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney AGENDA REPORT NO. 10 FOR: City Council March 10, 2009 TO: Gary Crutchfiel , 1 Manager Robert Alberts, P c fwki!p-Birector FROM: Michael McShane, City Engineer Regular Mtg.: 03/16/09 SUBJECT: Signal Pole Equipment I. REFERENCE(S): 1. Letter to Pasco School District dated June 26, 2008 2. Quote Summary 3. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 03116: MOTION: I move to approve the purchase of goods and services from Sierra Electric for the signal pole equipment for Argent and Road 84 and Argent and Road 80, in the amount of$54,447.79, including shipping. III. FISCAL IMPACT: Arterial Street Fund IV. HISTORY AND FACTS BRIEF: A) In the June 16, 2008 meeting, Council approved financial assistance to the Pasco School District to facilitate the installation of certain improvements in conjunction with the new Chiawana High School. The District is required to install new signals at Argent and Road 84 and Argent and Road 80. The City committed to a fifty percent (50%) match with the District on the traffic signals at Argent and Road 84. The District will absorb the total cost of the signals at Argent and Road 80. B) Staff has received three (3) quotes for the signal pole equipment. The low quote was received from Sierra Electric in the amount of $54,447.79, including shipping. The second lowest quote was received from Power City Electric in the amount of$56,438.00, including shipping. V. DISCUSSION: A) The Pasco School District will reimburse the City for seventy-five percent(75%) of the cost for this purchase. B) Staff recommends that Council approve the purchase of goods and services from Sierra Electric. 1a(a) 1 A CITY MANAGER (509) 545-3404 / Fax (509) 545-3403 P.O. Box 293, (525 North 3rd Avenue) Pasco, Washington 9930] +�.vw,pasco-�a,`,��, June 26, 2008 Saundra Hill, Superintendent Pasco School District 1215 W. Lewis Street Pasco, WA 99301 RE: Financial Commitment Dear Superintendent Hill: This letter is to convey the action of the Pasco City Council at its business meeting of June 16, 2008 in determining the extent to which the city will financially assist the Pasco School District in fulfilling the District's obligations attached to the city's special permit for the new Chiawana High School on Argent Road. In view of the extraordinary cost of the new high school and the associated sales tax receipts expected to be received by the city during its construction, the City Council approved the following financial commitments by the city: 50% of the traffic signal cost at the intersection of Road 84 and Argent Road; 100% of the cost of sidewalks on the south side of Argent Road; $250,000 towards the cost of required Argent Road improvements (curb to curb). Given the estimated cost of the traffic signal and sidewalks, the total dollar value of the city's commitment will approximate$465,000 and represent most of the sales tax receipts the city expects to receive from the project. In arriving at its decision, the City Council expressed its majority sentiment that the community at large is greatly benefited by the kind of cooperation this financial commitment represents. It also noted, however, the magnitude of financial assistance is a unique opportunity presented by the combination of riming and scale of the new high school project in relation to the community's recent economic and population growth. Such opportunities may not be as probable in the future. In closing, please be assured the city values its long-standing partnership with the District in many ways, most importantly for the efficiencies our mutual efforts deliver to Pasco's citizens and taxpayers. ;ity i er y, ary Crut field Manager GC/tlz cc: Cit Council b Alberts QUOTE SUMMARY SIGNAL POLE EQUIPMENT ARGENT-RD 84/ARGENT-RD 80 Total 1. Sierra Electric $54,447.79 2. Power City Electric $56,438.00 3. Northwest Signal Supply $71,150.00 9£avow i -\ 1 4- ii I ��J� �,�' r �r f�/f • ve avoa I ' t �ITFI j ' E s _r !�I i ao�68 - t � oe OWN rJ= Lj-� r' a I, �--� � � r i r 001 avom 7,10 1 Al a I 1` n I v /�� AGENDA REPORT NO. II FOR: City Council March 10, 2009 TO: Gary Crutchfie C t Manager Robert Albert s Director FROM: Michael McShane, City Engineer Regular Mtg.: 03/16/09 SUBJECT: Award 2009 Street Overlays, Project#09-3-03 I. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 03/16: MOTION: I move to award the low bid for the 2009 Street Overlays, Project #09-3-03 to Granite Northwest, Inc. (dba Transtate Asphalt) in the amount of $575,760.35, including Alternate Area #3, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Street Overlay Fund IV. HISTORY AND FACTS BRIEF: A) On March 10, 2009, staff received three (3) bids for the 2009 Street Overlays, Project #09-3-03. The low bid was received from Granite Northwest, Inc. (dba Transtate Asphalt) in the amount of $575,760.35, including Alternate Area #3. The second lowest bid received was from Inland Asphalt Company in the amount of $608,102.20, including Alternate Area 43. The Engineer's Estimate for the project is $850,000.00, including Alternate Area#3. V. DISCUSSION: A) This project includes the overlay o£ Area #1 - 5th Avenue from Court Street to Lincoln Drive, to include side streets; and Area #2 - Kahalmai Drive from Cholla Drive to Sinai Drive. Staff has also decided to include Alternate Area #3 in the project. This alternate area is 24th Avenue from Court Street to Jay Street, and Pearl Street from 20th Avenue to 26th Avenue. Staff recommends award of this contract, to include Area#1, Area#2 and Alternate Area#3, to Granite Northwest, Inc. (dba Transtate Asphalt). io(b) City of Pasco 2009 STREET OVERLAYS Project No. 09-3-03 March 10, 2009 BID SUMMARY Total Engineer's Estimate $850,000.00 1. Granite Northwest, Inc. $575,760.35 2. Inland Asphalt Company $608,102.20 3. A&B Asphalt, Inc. $7481412.40 • �F r� t �1 i 3A LLJ Cdr��yv �u �v t a � C N3 G as avow avot / M4 as I