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HomeMy WebLinkAbout2009.06.15 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. June 15,2009 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 June 1, 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 $1,399,199.78 ($115,341.23 in the form of Wire Transfer Nos. 5217, 5218 and 5232; and $1,283,858.55 consisting of Claim Warrants numbered 171939 through 172159). 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$196,086.26 and, of that amount, authorize $132,265.29 be turned over for collection. (c) Appointment to Planning Commission: (NO WRITTEN MATERIAL ON AGENDA) To appoint Carlos Perez to Position No. 9 (expiration date of 2/2/2014) to the Planning Commission. (d) Interagency Agreement for School Resource Officer Services: 1. Agenda Report from Denis Austin, Chief of Police dated June 4, 2009. 2. Proposed Interagency Agreement. To approve the two-year Interagency Agreement with the Pasco School District for School Resource Officer services and, further,authorize the Mayor to sign the agreement. (e) Interagency Agreement for Summer School Services: 1. Agenda Report from Denis Austin, Chief of Police dated June 4, 2009. 2. Proposed Interagency Agreement. To approve the Interagency Agreement with the Pasco School District for summer school services and, further, authorize the Mayor to sign the agreement. *(f) Final Plat: Three Rivers Crossing Division H, Phase I(Hayden Homes)(MF#FP09-001): 1. Agenda Report from David 1.McDonald, City Planner dated June 9, 2009. 2. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www.pasco- wa.gov,'reneralinfo/citcouncilreports). 3. Vicinity Map. To approve the Final Plat for Three Rivers Crossing Division 11,Phase 1. *(g) Resolution No.3164, a Resolution accepting work by Patio Covers Unlimited, under contract for the Baseball Stadium Patio Area Improvements Project. 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated June 10, 2009. 2. Resolution. To approve Resolution No. 3164, accepting the work performed by Patio Covers Unlimited, under contract for the Baseball Stadium Patio Area Improvements Project. *(h) Resolution No. 3165, a Resolution accepting work by Siefken and Sons Construction, Inc.,under contract for the Peanuts Park Restroom Remodel and Pavilion Project. 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated June 1, 2009, 2. Resolution. To approve Resolution No. 3165, accepting the work performed by Siefken and Sans Construction, Inc.,under contract for the Peanuts Park Restroom Remodel and Pavilion Project. Regular Meeting 2 June 15, 2009 *(i) Resolution No. 3166, a Resolution accepting work by G2 Construction, Inc., under contract for the Library Remodel Project. 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated June 10, 2009. 2, Resolution. To approve Resolution No. 3166, accepting the work performed by G2 Construction, Inc., under contract for the Library Remodel Project. *(j) Resolution No. 3167, a Resolution accepting work by Quality Backhoe Services, under contract for the Kurtzman Park Drainage Improvements Project No.C2008512-1. 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated June 10,2009, 2. Resolution. To approve Resolution No. 3167, accepting the work performed by Quality Backhoe Services, under contract for the Kurtzman Park Drainage Improvements Project. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through May 2009. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Q(a) Street Vacation: a portion of the right-of-way adjoining Blocks 6, 7 and 8 Freys Addition (MF#VAC09-007): 1. Agenda Report from David I. McDonald, City Planner dated June 9,2009. 2. Vicinity Map. 3. Vicinity Map showing Applicant's Request. 4. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating a portion of Montana Avenue, Colorado Avenue, Utah Avenue and Spokane Street. MOTION: I move to adopt Ordinance No. , vacating a portion of Montana, Utah and Colorado Avenue and a portion of Spokane Street and, further, authorize publication by summary only. (b) Six-Year Transportation Improvement Plan 2010-2015: 1. Agenda Report from Michael McShane, City Engineer dated June 3,2009. 2. Proposed Plan. 3. Resolution. 4. Map. CONDUCT A PUBLIC HEARING Resolution No. , a Resolution adopting the revised and extended Comprehensive Street, Storin Drain and Bridge Programs for the City of Pasco. MOTION: I move to approve Resolution No. , thereby adopting the City's Six-Year Transportation Improvement Plan for 2010-2015. (c) 2009 Justice Assistance Grant: 1. Agenda Report from Denis Austin, Chief of Police dated June 1, 2009, CONDUCT A PUBLIC HEARING MOTION: I move to authorize the application for 2009 Justice Assistance Grant funding to purchase anti-crime surveillance cameras. Regular Meeting 3 June 15,2009 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Q(a) Resolution No. , a Resolution accepting the Planning Commission's recommendation and approving a special permit for the location of a hot mix asphalt plant at the Central Pre-Mix site at 11919 Harris Road. 1. Agenda.Report from Rick White,Community&Economic Development Director dated June 9,2009. 2. Report to the Planning Commission dated 5/21/09.* 3. Exhibits 1 through 36 considered by the Planning Commission at the 3!19/09 Open Record Hearing.* 4. Planning Commission Minutes dated 3119109; 3/26109 and 5121/09.* 5. Proposed Resolution(Exhibit 1*). (*Attachments in Council packets only; copies available for public review in the Planning office, the Pasco Library or on the city's webpage at httn://www.pasco- wa.gov/-eeneralinfo/citvcouncilreports). MOTION: I move to approve Resolution No. approving the special permit for the location and operation of a hot-mix asphalt plant in a RT Zone at the Central Pre-Mix site at 11919 Harris Road,as recommended by the Planning Commission. (b) Resolution No. , a Resolution in the matter of jointly placing a ballot proposition before the voters of the County in November 2009, proposing an additional three-tenths of one percent local sales tax and jointly developing an agreement to facilitate construction and occupancy space for Pasco Municipal Court as part of the new jail project planned by Franklin County. 1. Agenda Report from Gary Crutchfield,City Manager dated June 10,2009. 2. Conceptual Illustration of new Jail Building. 3. Conceptual"Ground Level"/Jail Footprint. 4. Conceptual"Upper Level"Footprint. 5. Conceptual Floor Plan for Municipal Court Space. 6. Pre-Design Construction Estimate. 7. Criminal Justice Sales Tax Estimate(2008). 8. Proposed Resolution. MOTION: I move to approve Resolution No. , a joint resolution with Franklin County, regarding construction of new jail and municipal court space and the financing thereof. (c) Ordinance No. ,an Ordinance of the City of Pasco,Washington, increasing the fee for a Utility/Lien Search and amending Chapter 3.07 entitled"Fee Summary,"and amending Section 3.07.090 entitled"Miscellaneous." 1. Agenda Report from Jim Chase,Finance Manager dated June 5,2009. 2. Ordinance. MOTION: I move to adopt Ordinance No. amending PMC Chapter 3.07 to increase the fee for a Utility/Lien Search and,further,authorize publication by summary only. 9. UNFINISHED BUSINESS: (none) 10. NEW BUSINESS: (none) 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 Regular Meeting 4 June 15, 2009 REMINDERS: 1. 1:30 p.m., Monday, June 15, Three-Rivers Convention Center — Regional Public Facilities District Legislator Appreciation. (MAYOR JOYCE OLSON) 2. 5:30 p.m., Monday, June 15, Tri-Cities Visitor & Business Center — Tri-Cities Legislative Reception. (COUNCILMEMBERS MIKE GARRISON,BOB HOFFMANN,MATT WATKINS, AL YENNEY) 3. 6:00 p.m., Monday, June 15, Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER MATT WATKINS) 4. 5:00 p.m., Tuesday, June 16, TRAC Facility—TRAC Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER REBECCA FRANCIK) 5. 6:00 p.m., Tuesday, June 16, West Richland City Council Chambers—AWC Risk Management Service Agency Workshop. (MAYOR JOYCE OLSON, COUNCILMEMBERS MATT WATKINS and AL YENNEY) 6. 5:30 p.m., Wednesday, June 17, Pine Street Diner, Walla Walla — Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) 7. 12:00 p.m., Thursday, June 18, 515 W. Clark Street — Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER AL YENNEY, Rep.; MATT WATKINS, Alt.) 8. 11:30 a.m., Friday, June 19, Sandberg Event Center—Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN,Alt.) 9. 11:00 a.m., Saturday, June 20, Pasco's Highland Park — Annual Juneteenth Parade (check in at 10:00 a.m.) (COUNCILMEMBERS MIKE GARRISON, TOM LARSEN and AL YENNEY) MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 1, 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, Robert Hoffmann, Torn Larsen, Joyce Olson, Matt Watkins and Al Yenney. Absent: Michael Garrison 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; Dave McDonald, City Planner; 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 May 18, 2009. (b) Bills and Communications: To approve General Claims in the amount of$1,352,162.82 ($85,298.65 in the form of Wire Transfer Nos. 5211 and 5215; and $1,266,864.17 consisting of Claim Warrants numbered 171765 through 171938). To approve Payroll Claims in the amount of$1,857,667.18, Voucher Nos. 39576 through 39671; and EFT Deposit Nos. 30030093 through 30030643. (c) Public Road and Utility Easement for Powerline Road: To accept the Public Road and Utility Easements as granted by Jerry Randal Burgess on Tax Parcel No. 115-120-013, from Lee Eickmeyer, Jacqueline Hanson, and Randy Mullen on Tax Parcel No. 115-170-080 and from Lee Eickmeyer, Jacqueline Hanson, Randy Mullen, Mark Sullivan and Mary Jo Sullivan on Tax Parcel No. 115-170-066. (d) Resolution No. 3160, a Resolution approving amendment of the program year 2008 Community Development Block Grant Allocations and Annual Work Plan for CDBGR activities. To approve Resolution No. 3160, amending the City's 2008 CDBG-R Allocations and Annual Work Plan. (e) Resolution No. 3161, a Resolution fixing the time and date for a public hearing to consider the vacation of Tippet Lane. To approve Resolution No. 3161, setting 7:00 p.m., Monday, July 6, 2009, as the time and date to conduct a public hearing to consider vacating Tippet Lane. (f) Resolution No. 3162, a Resolution accepting work performed by Stripe Rite, Inc., under contract for the 2009 Crack Seal, Project#09-3-03. To approve Resolution No. 3162, accepting the work performed by Stripe Rite, Inc., under contract for the 2009 Crack Seal, Project #09-3-03. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Ms. Francik seconded. Motion carried by unanimous Roll Call vote. I 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 1, 2009 PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Olson presented Certificates of Appreciation for May 2009 "Yard of the Month" to: Don and Yvonne Cooper, 1114 W. Park Street John Wirth, 403 Road 38 Kirk and Cindi Andrews, 5809 Jefferson Drive Mayor Olson presented a Certificate of Appreciation for May 2009 "Business of the Month Appearance Award"to: Taco Bell, 2407 W. Court Street VISITORS - OTHER THAN AGENDA ITEMS: Ms. Bernice Woodbury, 4221 Riverhaven and Mr. Rob Dupuy, 6220 W. Richardson, presented Council with documents supporting their belief of the negative effects of fluoride added to public water systems. Mr. Mac Miller addressed Council regarding a rock in Volunteer Park. Mayor Olson requested the topic of time limits on speakers at Council meetings be put on the June 8 Workshop meeting agenda. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mayor Olson attended the unveiling of Port of Pasco Business Park plan and the Discount Tire Ribbon Cutting Ceremony. Mr. Hoffmann reported on the Law and Justice Council meeting. Mr. Yenney also attended the unveiling of the Port of Pasco Business Park plan and the Benton Franklin Community Action Committee meeting. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street Vacation: A portion of Montana Avenue (MF# VAC09-008): 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. 3921, an Ordinance vacating a portion of Montana Avenue. MOTION: Mr. Watkins moved to adopt Ordinance No. 3921, an Ordinance vacating a portion of Montana Avenue and, further, authorize publication by summary only. Ms. Francik seconded. Motion carried unanimously. Street Vacation: A portion of West Park Street(MF#VAC 09-009): 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. 3922, an Ordinance vacating a portion of West Park Street. MOTION: Mr. Watkins moved to adopt Ordinance No. 3922, an Ordinance vacating a portion of West Park Street and, further, to authorize publication by summary only. Ms. Francik seconded. Motion carried unanimously. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 1, 2009 ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3923, an Ordinance of the City of Pasco, Washington, amending the zoning classification for a parcel located in a portion of the Northeast quarter of section 25, township 9 North, range 29 East WM., from R-2 (medium density residential) to R-3 (medium density residential). Mr. White explained the details of the proposed zoning amendment. MOTION: Mr. Watkins moved to adopt Ordinance No. 3923, granting a rezone for a parcel of land at 921 North 24th Avenue from R-2 to R-3 as recommended by the Planning Commission and, further, to authorize publication by summary only. Ms. Francik seconded. Motion carried unanimously. Ordinance No.3924, an Ordinance of the City of Pasco, Washington, assigning zoning to certain real property within the City of Pasco. Mr. White explained the details of the proposed ordinance. MOTION: Mr. Watkins moved to adopt Ordinance No. 3924, an Ordinance establishing R-S-12 zoning for the Road 76 and Court Street Annexation Area and, further, to authorize publication by summary only. Ms. Francik seconded. Motion carried unanimously. Resolution No. 3163, a Resolution accepting the Planning Commission's recommendation and approving a special permit for the location of a Salvation Army Corp Community Building in the 1900 Block of West Lewis Street. MOTION: Mr. Watkins moved to approve Resolution No. 3163, approving the special permit for the location of a Salvation Army Corp Community building in a C-1 and C-3 Zoning District in the 1900 Block of West Lewis Street, as recommended by the Planning Commission. Ms. Francik seconded. Motion carried unanimously. NEW BUSINESS: Memorial Pool Renovation: MOTION: Mr. Watkins moved to authorize the purchase of materials for the renovation of Memorial Pool from Myrtha Pools, as a sole source supplier and exempt from public bidding by RCW 39.04.280, in an amount not to exceed $420,000 plus applicable sales tax. Ms. Francik seconded. Motion carried unanimously. Professional Services Agreement with HDR Engineering, Inc. for Heritage Railspur Project: MOTION: Mr. Watkins moved to approve the Professional Services Agreement with HDR Engineering, Inc., authorizing engineering services on a time and material basis not to exceed $43,000 for the Heritage Railspur Project and further, authorize the City Manager to sign the agreement. Ms. Francik seconded. Motion carried unanimously. Sale of Surplus Property: 2607 W Brown: MOTION: Mr. Watkins moved to authorize the sale of surplus property located at 2607 W Brown to Jan Tidrick for $38,050 and further, authorize the City Manager to sign all documents necessary to execute the sale. Ms. Francik seconded. Motion carried unanimously. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 1, 2009 MISCELLANEOUS DISCUSSION: Council concurred to consider the only applicant for the open planning commission seat at the June 15 Regular meeting. Mr. Crutchfield updated Council on the status of the possible closure of the Downtown Post Office. Mayor Olson inquired to the status of a Resolution stating the Council's position regarding the Corp of Engineers private dock plan. Mr. Crutchfield thanked Joe Chapman, Tri-City Herald reporter, for his fair reporting of city issues the past 2 '/z years. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:05 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 15`h day of June, 2009. 4 CITY OF PASCO Council Meeting of: June 15, 2009 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We,thVered ereby ertify under penalty of perjury that the materials have been furnished,the servicehe labor p ormed as described herein and that the claim is a just, due and unpaid obligati city and at we are author ized to authenticate and said c 1 Gary Cr field, rdCilty ana r James W. C Finance Manager We,the undersign 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 5217, 5218 and 5232 in the amount of$115,341.23, have been authorized;that Check No.s 171939 through 172159 are approved for payment in the amount of$1,283,858.55, for a combined total of$1,399,199.78 on this 15th day of June, 2009. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 91.89 Judicial 12,494.88 Executive 3,045.82 Police 17,263.89 Fire 9,956.66 Administration&Community Services 84,441.35 Community Development 665.17 Engineering 909.80 Non-Departmental 50,541.39 Library 2,470.92 TOTAL GENERAL FUND: 181,881.77 STREET 95,144.44 C. D. BLOCK GRANT 20.80 KING COMMUNITY CENTER 2,598.91 AMBULANCE SERVICE 4,511.28 CEMETERY 10,225.28 ATHLETIC PROGRAMS 4,957.13 SENIOR CENTER 6,10199 MULTI MODAL FACILITY 3,269.82 RIVERSHORE TRAIL&MARINA MAIN 425.67 LITTER CONTROL 0.00 REVOLVING ABATEMENT 5,057.88 CAPITAL IMPROVEMENT 239.00 TRAC DEVEL&OPERATING 0.00 STADIUM/CONVENTION CENTER 198.30 SPECIAL ASSESSMNT LODGING 0,00 METRO DRUG TASK FORCE 1,079.84 METRO DRUG FORFEITURE FUND 417.80 GENERAL CONSTRUCTION 23,849.09 WATER/SEWER 869,858.20 EQUIPMENT RENTAL-OPERATING 29,651.58 EQUIPMENT RENTAL- REPLACEMENT 22.25 MEDICAUDENTAL INSURANCE 115,341.23 CENTRAL STORES 1,780.20 PUBLIC FACILITIES DIST 0.00 PAYROLL CLEARING 40,758.56 LID CONSTRUCTION 628.00 TRI CITY ANIMAL CONTROL 1,178.76 GRAND TOTAL ALL FUNDS: $ 1,399,199.78 3(b).1 AGENDA REPORT FOR: City Council DATE: June 10,2009 TO: Gary Crutchfi y anager REGULAR: June 15,2009 Stan Str ministrative&Community Services Director FROM: Jim hase,F e Manager SUBJECT: BAD DEBT VRME-OFF'S/COLLECTION. 1. REFERENCE(S): Write-off and collection lists are on file in the Finance Department. II. 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 $196,086.26 and, of that amount, authorize$132,265.29 be turned over for collection. III. HISTORY AND FACTS BRIEF: 1. 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 off's 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 71.34 71.34 Ambulance $ 63,595.97 9,435.64 73,031.61 Court AIR $ .00 122,444.00 122,444.00 Liens $ .00 .00 .00 Cemetery $ .00 .00 .00 General $ 225.00 314.31 539.31 Miscellaneous $ .00 .00 .00 TOTAL: $ 63,820.97 132,265.29 196,086.26 IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3{b}.2 AGENDA REPORT FOR: City Council June 4, 2009 TO: Gary Crutchfiiief t an r Workshop Mtg.: 6/8/09 Regular Mtg.: 6/15/09 FROM: Denis Austin, of Polic SUBJECT: Interagency Agreement for School Resource Officer Services I. REFERENCE: A. Proposed Interagency Agreement II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 6/8: Discussion 4/15: MOTION: I move to approve the two-year Interagency Agreement with the Pasco School District for school resource officer services and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: 2009 — 2011 City Funds: $336,458 ($194,813 for 4 school officers and $141,672 for one officer/instructor) 2009 — 2011 Pasco School District Funds: $546,901 ($505,901 for 4 school officers and $41,000 for one officer/instructor) IV. HISTORY AND FACTS BRIEF: A) School Resource Officers (SRO) are full-time uniformed police officers primarily dedicated to providing law enforcement resource services to assigned schools and surrounding neighborhoods. SRO's are assigned to work at their assigned school for eight hours each scheduled school day. SRO's are assigned to work normal patrol duties when school is not in session. B) The Interagency Agreement between Pasco School District and the City of Pasco provides four SRO's (one SRO per school) at Stevens Middle School, Ochoa Middle School, Pasco High School, and Chiawana High School. The Pasco School District also pays to have an officer instructor teach an anti-bullying curriculum 460 hours each year (20 hours each week for 23 weeks) and patrol the elementary schools. C) The proposed Interagency Agreement is a two-year agreement effective August 2009 through June 2011. The School District will reimburse the City for the salary and fringe benefits costs for four (4) officers at the top salary level for police officer for 180 school days per year(8 hours per school day). D) It is understood by both parties that negotiations are in progress for a successor Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officer's Association. A settlement of that contract will likely include an increased wage provision. Any increase in the wage rates or fringe benefit costs for the officers in the successor agreement would require an adjustment of the reimbursement costs paid by the School District for services in 2010 and 2011, including retroactive payments. 3(d) INTERAGENCY AGREEMENT Between Pasco School District No. 1 And City of Pasco, Washington This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the Pasco School District No. 1, hereafter referred to as the "District" and the City of Pasco, a municipal corporation of the State of Washington, hereafter referred to as the "City." No special budget or funds are anticipated, nor shall be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal property other than as specifically provided within the terms of this Agreement, anticipated. The Chief of Police of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Agreement. This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject on either parties' website or other electronically retrievable public source. It is the purpose of this agreement to: 1. Enhance the safety and security of students, teachers, staff, and visitors and provide patrol of the various campuses of the District located within the City of Pasco, Washington. 2. Provide for the presence of armed and uniformed City Police Officers both inside and outside the school buildings on selected campuses of the District during certain school hours in support of such safety and security and the maintenance of a secure and peaceful learning atmosphere. 3. Provide for prevention, intervention, and prompt effective enforcement by the City's Police Department in situations involving, but not limited to: a. Maintenance of order b. Use, possession, or sale of illegal drugs and alcohol on school premises C. Crimes against persons d. Crimes against property e. Any other situations or activities which require the intervention of law enforcement officers; and 4. Provide for participation by police officers in the educational activities and role modeling to foster and enhance knowledge of and respect for law enforcement and law enforcement officers by students and the community. 5. Provide positive and supportive interface between law enforcement representatives and the District's substance abuse and harassment prevention efforts including, but not limited to Natural Helpers, Student Assistance Teams, Anti-Harassment and Bullying Project and other intervention and prevention efforts by the District. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 1 of 6 It is therefore mutually agreed that: 1. Statement of Work. The City shall furnish the necessary personnel and services and otherwise do all things necessary for and incidental to the performance of the work stated herein. The City shall: a. Station a full-time uniformed police officer at each of the following schools during the 180 days when school is in session during the months of August through June: (1) Pasco High School (8 hours/day) (2) Chiawana High School (8 hours/day) (3) Stevens Middle School (8 hours/day) (4) Ochoa Middle School (8 hours/day) Office space shall be provided as available at each school for the use of the School Resource Officer. Such office shall be equipped with one office desk and chair, and one locking cabinet. The City shall provide a lockable cabinet capable of securing police department equipment when not in use by the officer. b. Cooperate with the District to provide training and education to each assigned officer to insure effective communication and interrelation with the school community and its students; C. Cooperate with the District to monitor and evaluate the effectiveness of the assigned officers and the program; d. Meet as needed during the academic year with the District's representative (as designated by the District) to evaluate the effectiveness of the program; e. Cooperate with the District's representative to investigate and report on any complaints regarding the conduct of an assigned officer, share fully, as permitted by law, with the District's representative all results of such investigations for the purpose of responding to each complaint and cooperate to resolve each complaint. Provided, that it shall be the responsibility of the District to respond to any complaint the District received from a student, parent or patron of the District and communicate the results of any investigation to such person or persons. f. Assign one uniformed police officer to instruct the Anti-Harassment and Bullying Program curriculum in the grade schools within the city limits of Pasco, with the emphasis being on the fifth grade. The maximum number of hours the officer is available to train for, prepare, and instruct the anti-harassment and bullying curriculum is four hundred sixty (460) work hours or fifty-seven and one-half (57.5) workdays. This work will be performed during two and one-half (2.5) workdays each week (totaling twenty hours) for twenty-three (23) school weeks. The scheduled work hours will be: (1) Tuesdays and Thursdays (8 hours/day), and (2) Wednesdays (4 hours/day) Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 2 of 6 2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be subject to and governed by the terms and conditions contained in the text of this agreement. 3. Period of Performance. Subject to its other provisions, the period of performance of this agreement shall commence in August 2009 and be completed in June 2011 unless terminated sooner as provided herein. Except that work performed by the Officer Instructor specified in item l.f. shall commence in October and be completed in April (23 school weeks) of each school year. The principal of each building shall be responsible for notifying the Chief of the City's Police Department of the school calendar, schedule of events and activities, and any changes in the same. The principal shall determine the specific hours when an officer shall be present within the limits set forth in Section La. of the Agreement. 4. Payment. Based upon the negotiated wage agreement between the City and the police officers collective bargaining unit, the District shall reimburse the City for its expenses in employing four(4) officers for 180 days or 5,760 hours each year of this agreement as follows; a. For August 2009 through June 2010, an estimated total of two hundred forty-nine thousand seven hundred fifty-four dollars ($249,754). b. For August 2010 through June 2011, an estimated total of two hundred fifty-six thousand one hundred forty-seven dollars ($256,147). Actual amounts are to be determined by the parties based upon any negotiated wage increase between the City and the police officer's collective bargaining unit. C. Due to early release days and other regularly scheduled non-school days when an officer's presence is not required for a full eight (8) hours, in consideration for compensation as stated in section 4 above, the City agrees to provide officers during the school year for activities outside of the regularly scheduled school assignment. Requests for an officer's presence at school activities outside of the officer's regularly scheduled school assignment during the school year will be compensated separately at the estimated rate of$40.22 per hour for 2009, $43.36 per hour for 2010, and 44.47 per hour for 2011. 5. Billing Procedure. The City shall submit a monthly invoice or billing statement to the District. Payment shall be made to the City according to the regular procedures of the District. 6. Funding. In addition to the costs associated with the School Resource Officers, funding for an officer to instruct anti-harassment and bullying curriculum hereunder shall be provided by the District in the amount of$20,500. If for any reason the District exhausts its budgeted funds for payment to the City for its services described herein or funds from any expected funding source become unavailable, the District shall notify the City and the obligations of the City shall immediately cease and this agreement terminate, unless the district otherwise assumes the obligations for the payment of services rendered by the Police Department. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 3 of 6 7. Non-discrimination. In the performance of this agreement, the District and the City shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so, discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensor, mental, or physical handicap. In the event of non-compliance by either party or refusal to comply with the above provisions this agreement may be rescinded, canceled, or terminated in whole or in part. The non- complying party shall, however, be given a reasonable time in which to cure this non- compliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 8. Records Maintenance. The City shall maintain books, records, documents and other evidence that sufficiently and effectively reflect all direct and indirect cost expended in the performance of the services described herein. These records shall be subject to inspection, review or audit by the personnel of both parties, other personnel authorized by either party, the Office of the State Auditor and federal officers, if any, so authorized by law. The City and District shall retain all books, records, documents, and other materials relevant to this agreement for five (5) years after expiration. The office of the State Auditor, federal auditors, and any persons authorized by the parties shall have full access and the right to examine any of these materials during this five-year period. 9. Responsibilities and Authority of School Administrator. The principal or other administrator designated by the District is responsible for the supervision and daily operations of the school shall, subject to the lawful exercise of the officer's law enforcement responsibilities, schedule, assign and direct the officer's duties under this agreement. The principal is responsible for the investigation of non-criminal incidents that occur at or are related to the school. If the principal finds that he or she or any individual is in physical danger, the principal may request the law enforcement officer to assist him or her. In the case of a search of student property for the violation of District rules or other administrative reasons, the school principal or designated administrator or District employee will conduct the search. Once the principal has reason to believe that a crime has been or may be committed, the principal or other designated administrator shall request the law enforcement officer to assume responsibility. The building administrator shall have the responsibility to contact and report to parents and patrons regarding activities and findings of the law enforcement officer, where appropriate. 10. Indemnification. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees or agents while performing under this agreement. 11. Agreement Alterations and Amendments. The District and the City may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by the personnel authorized to bind the District and the City. Interagency Agreement between Pasco School District No. I and the City of Pasco. Page 4 of 6 12. Termination. Except as otherwise provided for in this agreement, either party may terminate this agreement by providing sixty (60) days advance written notification to the other party of their intent to terminate the agreement. If this agreement is so terminated, the terminating party shall be liable only for performance, in accordance with the terms of this agreement for performance rendered prior to the effective date of termination. 13. Savings. Should any portion of this agreement be declared illegal, the balance of the agreement shall remain in full force and effect to carry out the purposes of this agreement. 14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the following manner: The Director of Educational Services of the District shall appoint a member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board. The Director of Educational Services and the Pasco Chief of Police shall jointly appoint a third member to the Dispute Board. That person shall act as chairperson, convene the Dispute Board and cause a determination of the dispute, arrived at by a majority of the Board, to be rendered in a timely manner. The determination of the Dispute Board shall be final and binding on the District and the City. 15. Notices. Any notices required herein or related hereto shall be delivered in writing to the District at: Pasco School District No.1 Attn.: Director of Student Services 1215 West Lewis Street Pasco, WA 99301 And to the City at: Chief of Police Pasco Police Department 525 North 3rd Avenue Pasco, WA 99301 16. All Writings Contained Herein. This agreement contains all the terms and conditions agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties to this agreement. Interagency Agreement between Pasco School District No.1 and the City of Pasco. Page 5 of 6 In Witness whereof, the parties have executed this agreement effective this day of 2009. City of Pasco: Pasco School District No. 1 Joyce Olson William Leggett Mayor President, Board of Education Attest: Debbie Clark Saundra Hill City Clerk Superintendent Approved as to Form: Leland Kerr Larry Mayfield City Attorney Assistant Superintendent Sarah Thornton School District Counsel Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 6 of 6 2009 - 2011 Total Cost Estimate August 2009;- lln , g: irint Number of Officers 4 Hourly Rate with Benefits (Estimate) $ 43.36 Total Hourly Rate (Estimate) $ 173.44 Number of Hours Each School Day 8 Number of School Days 180 Total Number of Officer Hours 1440 Sub-total of Estimated Cost $ 249,753.60 Al gust- g 2411 {Estlim. Number of Officers 4 Hourly Rate with Benefits (Estimate) $ 44.47 Total Hourly Rate (Estimate) $ 177.88 Number of Hours Each School Day 8 Number of School Days 180 Total Number of Officer Hours 1440 Sub-total of Estimated Cost $ 256,147.20 2009 - 2Q' ' .. 1: +d• $ 505,900.80 AGENDA REPORT FOR: City Council June 4, 2009 TO: Gary Crutchfiel anage Workshop Mtg.: 6/8/09 Regular Mtg.: 6/15/09 FROM: Denis Austin, C ief o olio SUBJECT: Interagency Agreement for Summer School Services I. REFERENCE: A. Proposed Interagency Agreement II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 6/8: Discussion 6115: MOTION: I move to approve the Interagency Agreement with the Pasco School District for summer school services and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Pasco School District Funds - $ 7,722 IV. HISTORY AND FACTS BRIEF: A) School Resource Officers (SRO) are full-time uniformed police officers primarily dedicated to providing law enforcement resource services to assigned schools and surrounding neighborhoods. The School District has requested an extension of the SRO services for the 2009 Summer School at Pasco High School. Normally, SRO services are not provided during summer months. The School District has summer school programs at Pasco High School, New Horizons High School, Ochoa Middle School, and Stevens Middle School. As a proactive measure, the School District has requested SRO services for up to eight hours each day of summer school. There are 24 summer school days from June 22°d to July 24th. SRO's are assigned to work normal patrol duties when school is not in session. B) The proposed Interagency Agreement is effective June through July 2009, and provides one School Resource Officer for the 2009 Summer School. The School District will reimburse the City for the salary and fringe benefits costs for one officer at the top salary level for police officer for 192 hours during 24 summer school days. As evidence of their intention to move forward with the proposed Interagency Agreement the School District has verbally committed to reimbursing the City for the wage and benefit costs for one School Resource Officer during summer school. 3(e) INTERAGENCY AGREEMENT Between Pasco School District No. i And City of Pasco, Washington This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the Pasco School District No. 1, hereafter referred to as the "District" and the City of Pasco, a municipal corporation of the State of Washington, hereafter referred to as the"City." No special budget or funds are anticipated, nor shall be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal property other than as specifically provided within the terms of this Agreement, anticipated. The Chief of Police of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Agreement. This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject on either parties' website or other electronically retrievable public source. It is the purpose of this agreement to: 1. Enhance the safety and security of students, teachers, staff, and visitors and provide patrol of the various campuses of the District located within the City of Pasco, Washington. 2. Provide for the presence of armed and uniformed City Police Officers both inside and outside the school buildings on selected campuses of the District during certain school hours in support of such safety and security and the maintenance of a secure and peaceful learning atmosphere. 3. Provide for prevention, intervention, and prompt effective enforcement by the City's Police Department in situations involving, but not limited to: a. Maintenance of order b. Use, possession,or sale of illegal drugs and alcohol on school premises C. Crimes against persons d. Crimes against property e. Any other situations or activities which require the intervention of law enforcement officers; and 4. Provide for participation by police officers in the educational activities and role modeling to foster and enhance knowledge of and respect for law enforcement and law enforcement officers by students and the community. S. Provide positive and supportive interface between law enforcement representatives and the District's substance abuse and harassment prevention efforts including, but not limited to Natural Helpers, Student Assistance Teams, Anti-Harassment and Bullying Project and other intervention and prevention efforts by the District. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 1 of 5 It is therefore mutually agreed that: 1. Statement of Work. The City shall furnish the necessary personnel and services and otherwise do all things necessary for and incidental to the performance of the work stated herein. The City shall: a. Assign a full-time uniformed police officer for eight consecutive:hours each clay from 07:30 AM to 3:30 PM tip provide School Resource Officer services at specific schools June 22 —July 24, 2,009 (except July 3, 2009) in accordance with the following schedule. i;. New Horizons:`Alternative School: June.22 = July 17 "2009 Monday - Friday, ii. Ocnoa &c Stevens Middle kh166 s:= June 22 — July 16 ''2009 'Monday Thursday iii. Pasco High School:June 29-July 24, 2009,Monday Frio. ay The SRO wilt be,at:each school=;for lhevzfirstfuftlweek,of classes:as they occur at that school The .SILO:is also re ponsitile f4,:P po i1 g incidents at the.other nded dur:pg t`he,or�et-lap penvds:. The'50- laal".make:eertaan chat the Ad inistration at.ea h kWol xs aw, of hi ei* phys�cal::locafinn (specific school) for that day. Generally, the quickest way to get the SRO to.respond to an alternate school will be to call the Franklin<County Emergency Dispatch Center and request the SRO be sent to the incident at;a.spec f c scho,614 Office space shall be provided as available at each school for the use of the School Resource Officer. Such office shall be equipped with one office desk and chair, and one locking cabinet. The City shall provide a lockable cabinet capable of securing police department equipment when not in use by the officer. b. Cooperate with the District to provide training and education to each assigned officer to insure effective communication and interrelation with the school community and its students; C. Cooperate with the District to monitor and evaluate the effectiveness of the assigned officers and the program; d. Meet as needed during the academic year with the District's representative (as designated by the District) to evaluate the effectiveness of the program; C. Cooperate with the District's representative to investigate and report on any complaints regarding the conduct of an assigned officer, share fully, as permitted by law, with the District's representative all results of such investigations for the purpose of responding to each complaint and cooperate to resolve each complaint. Provided, that it shall be the responsibility of the District to respond to any complaint the District received from a student, parent or patron of the District and communicate the results of any investigation to such person or persons. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 2 of 5 2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be subject to and governed by the terms and conditions contained in the text of this agreement. 3. Period of Performance. Subject to its other provisions, the period of performance of this agreement shall commence on June 22, 2009 and be completed on July 24, 2009 with July P scheduled off, unless terminated sooner as provided herein. The principal shall be responsible for notifying the Chief of the City's Police Department of the school calendar, schedule of events and activities, and any changes in the same. The principal shall determine the specific hours when an officer shall be present within the limits set forth in Section 1.a. of the Agreement. 4. Payment. The District shall reimburse the City for its expenses in employing one officer for 192 hours as follows: a. For June 22, 2009 through July 24, 2009, an estimated total of seven thousand seven hundred twenty-two dollars ($7,722). Actual amount will be determined by the parties based upon any negotiated wage increase between the City and the police officer's collective bargaining unit. The current wage rate with benefits is $40.22. 5. Billing Procedure. The City shall submit a monthly invoice or billing statement to the District. Payment shall be made to the City according to the regular procedures of the District. 6. Funding. If for any reason the District exhausts its budgeted funds for payment to the City for its services described herein or funds from any expected funding source become unavailable, the District shall notify the City and the obligations of the City shall immediately cease and this agreement terminate, unless the district otherwise assumes the obligations for the payment of services rendered by the Police Department. 7. Non-discrimination. In the performance of this agreement, the District and the City shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so, discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensor, mental, or physical handicap. In the event of non-compliance by either party or refusal to comply with the above provisions this agreement may be rescinded, canceled, or terminated in whole or in part. The non- complying party shall, however, be given a reasonable time in which to cure this non- compliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 8. Records Maintenance. The City shall maintain books, records, documents and other evidence that sufficiently and effectively reflect all direct and indirect cost expended in the performance of the services described herein. These records shall be subject to inspection, Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 3 of 5 review or audit by the personnel of both parties, other personnel authorized by either party, the Office of the State Auditor and federal officers, if any, so authorized by law. The City and District shall retain all books, records, documents, and other materials relevant to this agreement for five (5) years after expiration. The office of the State Auditor, federal auditors, and any persons authorized by the parties shall have full access and the right to examine any of these materials during this five-year period. 9. Responsibilities and Authority of School Administrator. The principal or other administrator designated by the District is responsible for the supervision and daily operations of the school shall, subject to the lawful exercise of the officer's law enforcement responsibilities, schedule, assign and direct the officer's duties under this agreement. The principal is responsible for the investigation of non-criminal incidents that occur at or are related to the school. If the principal finds that he or she or any individual is in physical danger, the principal may request the law enforcement officer to assist him or her. In the case of a search of student property for the violation of District rules or other administrative reasons, the school principal or designated administrator or District employee will conduct the search. Once the principal has reason to believe that a crime has been or may be committed, the principal or other designated administrator shall request the law enforcement officer to assume responsibility. The building administrator shall have the responsibility to contact and report to parents and patrons regarding activities and findings of the law enforcement officer, where appropriate. 10. Indemnification. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees or agents while performing under this agreement. 11. Agreement Alterations and Amendments. The District and the City may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by the personnel authorized to bind the District and the City. 12. Termination. Except as otherwise provided in this agreement, either party may terminate this agreement by providing sixty (60) days advance written notification to the other party of their intent to terminate the agreement. If this agreement is so terminated, the terminating party shall be liable only for performance, in accordance with the terms of this agreement for performance rendered prior to the effective date of termination. 13. Savings. Should any portion of this agreement be declared illegal, the balance of the agreement shall remain in full force and effect to carry out the purposes of this agreement. 14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the following manner: The Director of Educational Services of the District shall appoint a member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board. The Director of Educational Services and the Pasco Chief of Police shall jointly appoint a third member to the Dispute Board. That person shall act as chairperson, convene the Dispute Board and cause a determination of the dispute, arrived at by a majority of the Board, to be rendered in Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 4 of 5 a timely manner. The determination of the Dispute Board shall be final and binding on the District and the City, 15. Notices. Any notices required herein or related hereto shall be delivered in writing to the District at; Pasco School District No.1 Attn.: Student Services Administrator 1215 West Lewis Street Pasco, WA 99301 And to the City at: Pasco Police Department Attn: Chief of Police 525 North 3rd Avenue Pasco, WA 99301 16. All Writings Contained Herein. This agreement contains all the terms and conditions agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties to this agreement. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 5 of 5 In Witness whereof, the parties have executed this agreement effective this day of 2009. City of Pasco: Pasco School District No. 1 Joyce Olson Saul Martinez Mayor President, Board of Education Attest: Debbie Clark Saundra L. Hill City Clerk Superintendent Approved as to Form Leland Kerr Larry Mayfield City Attorney Assistant Superintendent Sarah Thornton School District Counsel Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 6 of 5 2009 Summer School Cost Estimate 060409 M L A IL :$� E -:S .UM Number of Officers Hourly Rate with Benefits 40.22 Total Hourly Rate $ 40.22 Number of Hours Each School Day 8 Number of School Days 24 Total Number of Officer Hours 192 Estimated Cost - PHS $ C -7 KIR 0 7�12 OST FMi M 0 M MAJ AGENDA REPORT FOR: City Council June 9, 2009 TO: Gary Crutchfi C�Manager Regular Mtg.: 6/15109 Rick White, Community & Economic Development Director FROM: David 1. McDonald, City Planner'+ `-� SUBJECT: FINAL PLAT: Three Rivers Crossiniz Division II Phase 1 (Hayden Homes (MF# FP09-001) I. REFERENCE(S): i. Final Plat (Attachments in Council packets only; copies available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www.pasco-wa.gov/generalinfo/citycouncilrePL)rt 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 6/15: MOTION: I move to approve the Final Plat for Three Rivers Crossing Division II, Phase 1. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for the Three Rivers Crossing development. The developer is now seeking final plat approval for Phase 1 of Three Rivers Crossing Division II. B. Three Rivers Crossing is a single-family residential development located east of Convention Drive and north of Sandifur Parkway. V. DISCUSSION: Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements. In this case, the developer has completed some of the improvements and has provided the City with a bond in an amount sufficient($1,302,545) to cover the costs of outstanding improvements. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition, the plat contains the required descriptions, dedication and acknowledgment, and approval sections. 3(f) lift RR .j{}. ' � � �•"� is R Us amb e Vim° '6U'4 a 4M' row Era f „ l y.IF x k Lip lb fq lent IL sca �CJ4u .i 1 fig• �M L'fy � 1 [( • r / � la tj s p� '��-. J}��� .. Y� i �7' t Yn �Y •fir}�•:,� ;r"�•'• xrr,k( i•'� � r AGENDA REPORT FOR: City Council DATE: 6/10/09 TO: Gary Crutchfe Manager Regular: 6/15/09 FROM: Stan Strebel, Direanistrative and Community Services SUBJECT: Baseball Stadium Patio Area Improvements Project 1. REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/15/09: MOTION: I move to approve Resolution No accepting the work performed by Patio Covers Unlimited, under contract for the Baseball Stadium Patio Area Improvements Project. III. FISCAL IMPACT: Funding from State of Washington IV. HISTORY AND FACTS BRIEF: A) On April 20, 2009 the City Council awarded the Baseball Stadium Patio Area Improvements Project, in the amount of$51,013.72, including tax, to Patio Covers Unlimited. The project is now complete with the final cost of the contract being $52,550.49 . B) Staff recommends acceptance of the project. V. ADMINISTRATIVE ROUTING Project File 3(g) RESOLUTION NO. r A RESOLUTION ACCEPTING WORK BY PATIO COVERS UNLIMITED, UNDER CONTRACT FOR THE BASEBALL STADIUM PATIO AREA IMPROVEMENTS PROJECT. WHEREAS, the work performed by Patio Covers Unlimited under contract for the Baseball Stadium Patio Area Improvements Project has been examined by Administrative and Community Services and been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Administrative and Community Services' recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Council concurs with Administrative and Community Services' recommendation and thereby accepts the work performed by Patio Covers Unlimited under contract for the Baseball Stadium Patio Area Improvements Project as being completed in apparent conformance with the project specifications and drawings, and Be it further resolved that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be it further resolved that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Administrative and Community Services Director and Finance Manager. PASSED by the City Council of the City of Pasco this 15th day of June, 2009. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council DATE: 6/1/09 TO: Gary Crutchfiel , ty anager Regular: 6/15/09 Dir cto ' marative and Community Services FROM: Stan Stxebel, e � y SUBJECT: Peanuts Park Restroom Remodel and Pavilion Project I. REFERENCE (S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/15/09: MOTION: I move to approve Resolution No. 34 accepting the work performed by Siefken and Sons Construction, Inc., under contract for the Peanuts Park Restroom Remodel and Pavilion Project. III. FISCAL IMPACT: CDBG Funding IV. HISTORY AND FACTS BRIEF: A) On November 3, 2008 the City Council awarded the Peanuts Park Restroom Remodel and Pavilion Project, in the amount of$59,713.00, including tax, to Siefken and Sons Construction, Inc. The project is now complete with the final cost of the contract being $60,434.01, including tax. B) A small change order was authorized for the repair of unforeseen roof damage, hidden until the project was underway. C) Staff recommends acceptance of the project. V. ADMINISTRATIVE ROUTING Project File 3(h) RESOLUTION NO. A RESOLUTION ACCEPTING WORK BY SIEFKEN AND SONS CONSTRUCTION, INC., UNDER CONTRACT FOR THE PEANUTS PARK RESTROOM REMODEL AND PAVILION PROJECT. WHEREAS, the work performed by Siefken and Sons Construction Inc., under contract for the Peanuts Park Restroom Remodel and Pavilion Project has been examined by Administrative and Community Services and been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Administrative and Community Services' recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Council concurs with Administrative and Community Services' recommendation and thereby accepts the work performed by Siefken and Sons Construction Inc., under contract for the Peanuts Park Restroom Remodel and Pavilion Remodel Project as being completed in apparent conformance with the project specifications and drawings, and Be it further resolved that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be it further resolved that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Administrative and Community Services Director and Finance Manager. PASSED by the City Council of the City of Pasco this 15th day of June, 2009. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council DATE: 6/10/09 TO: Gary Crutchfiel anager Regular: 6/15/09 FROM: Stan Strebel, Direct ministrative and Community Services SUBJECT: Library Remodel Project I. REFERENCE (S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS � l : 6/15/09: MOTION: I move to approve Resolution No. } accepting the work performed by G2 Construction, Inc., under contract for the Library Remodel Project. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) On December 15, 2008 the City Council awarded the Library Remodel Project, in the amount of$156,384.60, including tax, to G2 Construction, Inc. The City committed 5105,000 toward the project with the balance to be funded by the Mid- Columbia Library District. The project is now complete with the final cost of the contract being $176,349.18, including tax. B) A number of change orders were requested by the Library District. These change orders total $18,311.47, including sales tax. A small change order was necessary for the repair of structural damage, unforeseen until the project was underway, for which the City is responsible. The City's total cost will be $106,653.11; the balance of$69,696.07 is payable by the district. C) Staff recommends acceptance of the project. V. ADMINISTRATIVE ROUTING Project File 3(i) RESOLUTION NO. ,- A RESOLUTION ACCEPTING WORK BY G2 CONSTRUCTION, INC., UNDER CONTRACT FOR THE LIBRARY REMODEL PROJECT. WHEREAS, the work performed by G2 Construction Inc., under contract for the Library Remodel Project has been examined by Administrative and Community Services and been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Administrative and Community Services' recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Council concurs with Administrative and Community Services' recommendation and thereby accepts the work performed by G2 Construction Inc., under contract for the Library Remodel Project as being completed in apparent conformance with the project specifications and drawings, and Be it further resolved that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be it further resolved that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Administrative and Community Services Director and Finance Manager. PASSED by the City Council of the City of Pasco this 15th day of June, 2009. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council DATE: 6/10109 TO: Gary Crutchfiel anager Regular: 6/15/09 FROM: Stan Strebel, ' , inistrative and Community Services SUBJECT: Kurtzman Park Drainage Improvement Project No. C2008512-1 I. REFERENCES : 1. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/15/09: MOTION: I move to approve Resolution No. I0 accepting the work performed by Quality Backhoe Services, under contract for the Kurtzman Park Drainage Improvements Project. III. FISCAL IMPACT: CDBG Funding IV. HISTORY AND FACTS BRIEF: A) On October 9, 2008 the City Council awarded the Kurtzman Park Drainage Improvement Project, in the amount of$30,433.60, including tax, to Quality Backhoe Services. The project is now complete with the final cost of the contract being $30,433.60. B) Staff recommends acceptance of the project. V. ADMINISTRATIVE ROUTING Project File 3(j) RESOLUTION NO. 31 � f A RESOLUTION ACCEPTING WORK BY QUALITY BACKHOE SERVICES, UNDER CONTRACT FOR THE KURTZMAN PARK DRAINAGE IMPROVEMENTS PROJECT NO. C2008512-1. WHEREAS, the work performed by Quality Backhoe Services under contract for the Kurtzman Park Drainage Improvements Project has been examined by Administrative and Community Services and been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Administrative and Community Services' recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Council concurs with Administrative and Community Services' recommendation and thereby accepts the work performed by Quality Backhoe Services under contract for the Kurtzman Park Drainage Improvements as being completed in apparent conformance with the project specifications and drawings, and Be it further resolved that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be it further resolved that the final payment of rtainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Administrative and Community Services Director and Finance Manager. PASSED by the City Council of the City of Pasco this 15th day of June, 2009. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney GENERAL FUND OPERATING STATEMENT THROUGH MAY 2009 CASH BASIS YTD % OF YTD TOTAL % OF 2009 2009 ANNUAL 2008 2008 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 2,728,989 5,725,000 47.7% 2,629,007 5,805,868 45.3% SALES 2,992,033 8,580,000 34.9% 3,607,492 8,980,651 40.2% UTILITY 3,348,324 7,360,000 45.5% 3,119,674 7,612,492 41.0% OTHER 488,354 980,000 49.8% 420,298 957,621 43.9% LICENSES & PERMITS 747,408 1,009,300 74.1% 814,823 1,364,959 59.7% INTERGOV'T REVENUE 279,541 1,327,300 21.1% 332,223 1,798,308 18.5% CHARGES FOR SERVICES 1,066,967 2,788,800 383% 999,426 2,705,427 36.9% FINES & FORFEITS 342,673 982,400 34.9% 330,993 980,468 33.8% MISC. REVENUE 272,849 786,800 34.7% 312,831 897,283 34.9% OTHER FIN. SOURCES 12,500 1,142,000 1.1% 13,836 39,776 34.8% TOTAL REVENUES 12,279,638 30,681,600 40.0% 12,580,603 31,142,853 40.4% BEGINNING CASH BALANCE 6,845,445 6,500,000 7,008,990 7,008,990 TOTAL SOURCES 19,125,083 37,181,600 51.4% 19,589,593 38,151,843 51.3% EXPENDITURES: CITY COUNCIL 47,074 116,000 40.6% 45,194 107,538 42.0% MUNICIPAL COURT 473,567 1,182,700 40.0% 416,789 1,127,148 37.0% CITY MANAGER 303,952 873,425 34.8% 304,469 755,382 40.3% POLICE 4,295,560 10,819,398 39.7% 4,282,459 10,343,396 41.4% FIRE 1,665,479 4,126,320 40.4% 1,558,518 4,128,399 37.8% ADMIN &COMMUNITY SVCS 1,936,763 5,243,540 36.9% 1,907,527 5,103,431 37.4% COMMUNITY DEVELOPMENT 487,462 1,101,400 44.3% 460,753 1,149,262 40.1% ENGINEERING 530,466 1,172,835 45.2% 500,502 1,256,443 39.8% MISC. NON-DEPARTMENT 1,432,720 7,148,875 20.0% 1,769,122 6,203,283 28.5% LIBRARY 504,800 1,272,575 39.7% 468,315 1,132,116 41.4% TOTAL EXPENDITURES 11,677,843 33,057,068 35.3% 11,713,648 31,306,398 37.4% ENDING FUND BALANCE 4,124,532 6,845,445 TOTALS 37,181,600 38,151,843 AVAILABLE CASH BALANCE 7,447,240 7,875,945 PERCENTAGE OF BUDGET ALLOCATED FOR 5 MONTHS 41.7% •Authorized but non-budget expenditures of $15,000 (cumulative)which will effectively reduce the ending fund balance. These statements have been adjusted to the Cash Basis of Accounting to provide an available cash balance at month end. The City's CAFR is prepared using the Accrual Basis of Accounting. These statements are intended for Management use only, 6(b) AGENDA REPORT FOR: City Council June 9, 2009 TO: Gary Crutchfield, anager Regular Mtg.: 6115109 Rick White, Community & Economic Development Director FROM: David I. McDonald, City Planner-' SUBJECT: STREET VACATION: A portion of the right-of-way adioininp,Blocks 6 7 and 8 Frees Addition(MF# VAC09-007) I. REFERENCE(S): 1. Vicinity Map 2. Vicinity Map Showing Applicant's Request 3. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: 6115: MOTION: I move to adopt Ordinance No. , an Ordinance vacating a portion of Montana, Utah and Colorado Avenue and a portion of Spokane Street and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owners of property in Blocks 6, 7 and 8 Freys Addition petitioned to vacate portions of the public right-of-way adjoining said blocks. The vacation request involves a portion of Duluth Street, the north 10 feet of Spokane Street, Colorado Avenue, the west 10 feet of Utah Avenue and Montana Avenue. B. The Council set June 15, 2009 as the date to consider the vacation. V. DISCUSSION: The proposed street vacation has been reviewed by the City Engineering Department and the utility providers. No easements have been requested. The petitioners' vacation request included a portion of Duluth Street between Montana Avenue and Colorado Avenue (See Attachment #2). There are currently nine different property owners with property fronting on Duluth Street between Utah Avenue and California Avenue. Staff is recommending the small portion of Duluth Street, as requested by the petitioners, not be vacated until the property ownership becomes less fragmented and until there is a better understanding of how the properties around this street will develop. 7(a) sly.• �t s� ;:'-. ,► Vi I:, t. - �� `",,,� - Fes..+ g� `I ;••"�' j. � Q�ti. y•�.:�L, . ;{�'« :"�.+. t �� 4. ry5' ��ys. ;rt ¢_ a. `.1.- .lc•i al tr.;::.�.rt ®[[ i.rr >r: t s .a.a' :•xI r ', sR+ P�{�•,n..: li*VoA� s•.ar9M, t * ��.�6 ,w= ' I "J �•, k ��1 �� ' •%��r•�q[•;SM1. 171 a f-L' vt•� i � x '•�4:,;;�'A .ar � ���:�►�.�►.`�s= •i��i�i!!a $,ra,¢�e..'M`a� e p ! ..i.ZT."!,'� f CXa:, ` ~x Z SJ� '''iFbarl�l lE f M I:'eei' . .:.•� ��"`� •...ti .a'g1Y� Yel/� ',.••'�1 r r f•,i�a..�e ;s"IY,M7�h. : �!R/+"1°:i'!�, T.�aet'�tg:�.z 1••,f�,•.. _ ..4., "..`.^" .�'se :.�:. .•r .�:� �`t r'�,it 41�I�A 4,'��!•� •�� �F k NEAP»«s ��,*'1. •''"•" +4,,#.. [ '�y"`�r 1:' 1 .�.J r,,. .P }1 :��`4I- .tlN►lrlt� •e r'7 M! 4i ` �Ur3w { ��!,. [�T. 7• i:s:�K:• ' � •'`ye,'��,� � [ :.f;!R�S' :� I�: [i 7f�.Pig a�. iR t a�s�11,..r1• `.,i�=y�r�6a:, a r,s'±,Kf:- ; ,r'•• `� r-'' .�F '•, j 'P l.i�.id��L` �� a�a i ��"�. '�al�� ,� ����w� �¢ - a•;tf,4 Y� g� :�'�4 Y` .r[ t•'L� _ .-� - . ..: .:' .. ;".T.¢J.2+'."..'.. T.. �.� 1g,.. �,....ry i lf��t •�'#. ` �.4�al�} ifidl .t!p;[1' �r•T�• `�.,1� •Ydµ !� •�}'r s iY `mow`fir.�' ' '- t . amb up OF AM � � :u��JI i '4 •b.. I y� GL7"« S ;�. ', Y:t �; e J �. .,. I w t.i1:'i''"•...".•er. 51' No .L �,. p,�:.e ,i t E r` a+! t• 't ettttttt' -'� •;��,r`' r _ 'S /'�. �'f•�'•'•' "1 : N,...1�i'ii rl�' .: . "LT..� :Y . .i� ,pst .�-ir "}✓.sy`°' '.ray l�, M `. +ra,,�^`W.• -:a:-.. _ . .. .,,�...ma�yy+°+''. �,['y"� �-w," ~ Wes' - i" '� :.. - , L "�•�' xS i+��,}f'. 41 ;n \ �; ..,.. ,`. ,_ �.r ..: .',, a'•'�•'�'� .gyp.,.: �'+. b Otto ow '� '. ,.'. 1 e.l,. .P•1: vr, �.:.'.R !! ��6 ` S• _ pry 14./ �� � -:I is '¢:t. ��ei >. a •a. ♦-,.. - `,•� :•A � I .�J; A M1, O v loPV - � . � ate° • O i'is'� M.. �f Cid • • Co- . lia k .1t 1�1 ua• � ti�� ; j . t t: ♦ E ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF MONTANA AVENUE, COLORADO AVENUE, UTAH AVENUE AND SPOKANE STREET WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and 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; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That all of Montana Avenue and Colorado Avenue from the north right-of- way line of Spokane Street to the south right-of-way line of Duluth Street together with the north 10 feet of Spokane Street from the east right-of-way line of California Avenue to the west right- of-way line of Utah Avenue and the west 10 feet of Utah Avenue from the north right-of-way line of Spokane Street to the south right-of-way line of Duluth Street, Except that a 25 foot radius shall be retained at the northwest corner of Utah Avenue and Spokane Street and a 25 foot radius offset 10 feet west of the east right-of-way line of California shall be retained at the northeast corner of Spokane Street and California Avenue, as depicted in Exhibit "1" be and the same is hereby vacated. Section 2. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 15th day of June, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney O Z � N PEE 0 u � •�, Gp1. Q O • � O O O NP'PV r c� it O tb a- �. r y �o 004\p. 0 W AGENDA REPORT NO. 17 FOR: City Council Date: 06/03/2009 TO: Gary Crutchfi 1 Robert J. Albe , ire Public Works FROM: Michael McShane, City Engineer Workshop: 06/08/09 Regular: 06/15/09 SUBJECT: Six-Year Transportation Improvement Plan 2010 - 2015 I. REFERENCE(S): 1. Proposed Plan 2. Resolution 3. Map I1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 06108: Discussion 06115: Conduct Public Hearing 06/15: MOTION: I move to approve Resolution No. thereby adopting the City's Six-Year Transportation Improvement Plan for 2010 - 2015. III. FISCAL IMPACT: None IV. HISTORY AND BRIEF FACTS: A) Each year, all Cities and Counties in the State are required to adopt an updated Six-Year Transportation Improvement Plan specifically for federal and state funded projects. For the City of Pasco, this plan has consisted of all projects including the annual overlays, street widening, and signal projects which are within the City limits. Larger projects such as the Lewis Street Overpass also have been shown. B) The proposed six-year program represents those projects that are anticipated to be needed within six years. Several projects will need to be coordinated with utility projects which could change the actual timing of the projects. Although this process of adopting a six-year plan is a state requirement, the Council will again review the projects in the Six-Year C.I.P. process and the budgeting process. While the worksheets presented by staff include a potential funding source, many of the projects listed will be dependent upon available funding. In addition, staff will be pursuing available grants from the various funding programs. Staff recommends the plan be presented at a public hearing on June 15, 2009, and that Council adopt the plan by resolution. 7(b) Ca 0 d 0 0 c `n o 69- w r o 0 ° co Q70 j 0 O LL �- p C-) O O to m O U 64 C O C) o o -a n c v co 60-? o °o � LL a) L. a > LL + N Ul) C fi4 � 'IT a (� N is C/) E c �- p .� -0 -0 cca ° o ° o70 70 -tsa -0 -0 � a c a) 0 ° E c c c c c c c 0 t! 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L M Co .= L � L 00 M (13 (D m/ > L..L LL / / (C tC C N cn CL ) ,t1 m ti CL E L (Q L cn Q O �. moou roo = aia � n`D 7C a) L � c Q � M > m my > caN (ate � � � 0 as as � 0 v � 0 T Co (n 0 m CD T- 0 '� CO 00 o O O N p N p O G) T O r o iN �" �L � V LN � J2 _ m — � � N O TN Or.r.M `Cl � ^ RESOLUTION NO. A RESOLUTION adopting the revised and extended Comprehensive Street, Storm Drain and Bridge Programs for the City of Pasco. WHEREAS, RCW 35.77.010 provides for annual revision and extension of the Comprehensive Street Program of each city and town, after holding public hearings thereon; and WHEREAS, it is now time to revise and extend the Comprehensive Street, Storm Drain and Bridge Programs; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, That the City Council of the City of Pasco hereby adopts the revision and extension of the Comprehensive Street, Storm Drain and Bridge Programs for the ensuing six years as attached hereto and labeled "Six-Year Transportation Improvement Plan 2010 - 2015" incorporated by.this reference as though fully set forth herein; and Be It Further Resolved, that the Comprehensive Street, Storm Drain and Bridge Programs shall be filed with the Benton-Franklin Regional Council and the State of Washington. PASSED by the City Council of the City of Pasco this Day of June, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the City Council of the City of Pasco will hold a public hearing to consider adoption of the Six-Year Transportation Improvement Program. THEREFORE, LET ALL CONCERNED TAKE NOTICE that a Public Hearing will be held by the City Council of the City of Pasco, Washington in the City Council chambers, Pasco City Hall, at the hour of 7:00 p.m., June 15, 2009 so that all concerned may appear and present any objections or support for the proposed adoption of the Six-Year Transportation Improvement Program. Debra L. Clark City Clerk a, x } z z s ova I Q�� z o °w rv^ {� �OlLS6ER 5R.39�P�,g In g wF SR_395 RR ° m a - wa LA J CL R 9NSF R � x v z < O� �w I-a m ws V° 0 ow z ve LL v o � O mn � d Q;w w O •� ROAD 44 � n s < 6 N vrcojzv �n V - %'� F Fes. ¢ p w I z a Q : � O3 w W � e a g Z p O ° y wat zN i w -b F < A m Bey L— a Fo 'a . ROAD es '°✓1GD � J wq F V � O U O.y Nmmlh`On ti �� ti ti ti M ti ti ti ti ry z a 4 a co co v_ z o D V a Q fX C I F CA O f�•. FW., N E W- 0 < wU N O A I a, F z - 2 C n o w a OQ -19 a F 4 W a W w a Z. al w z a F i p w a °o •` < G rn .. O 'In Ct p e — v O AGENDA REPORT FOR: City Council Date: June 1, 2009 TO: Gary Crutchfi 1 11 Manag Workshop Mtg.: June 8, 2009 FROM: Denis Austin, hief of Polic Regular Mtg.: June 15, 2009 SUBJECT: 2009 Justice Assistance Grant I. REFERENCE: II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 06/08: Discussion 06115: CONDUCT A PUBLIC HEARING MOTION: I move to authorize the application for 2009 Justice Assistance Grant funding to purchase anti-crime surveillance cameras. III. FISCAL IMPACT: City Funds—No required match for Federal funds Federal Funds— $22,355 City of Pasco Award $ 0 Franklin County Award $22,355 Total Award IV. HISTORY AND FACTS BRIEF: A) The Pasco Police Department is requesting permission to apply for $22,355 from the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) funding to purchase anti-crime surveillance cameras. The grant is a joint award for the City of Pasco and Franklin County. The 2009 Edward Byrne Memorial JAG funding will enhance the department's ability to identify persons responsible for a variety of criminal activities through the use of covert surveillance cameras. The department proposes to use the cameras to capture images of offenders committing crimes. The images will be used to identify and prosecute the offenders. The purchase of the cameras and required accessories will expend the $22,355 award to the City. B) The Franklin County Sheriff's Office does not receive a cash award under this funding. The Sheriff indicated a desire to have the City administer the grant funding. A memorandum of understanding required under this grant would provide the Sheriff's Office with periodic access to one of the cameras for use in addressing crime in the unincorporated areas of Pasco. C) This particular Federal grant opportunity requires the conduct of a public hearing to receive public input on the proposed uses for the grant. Following conduct of the hearing, the City Council can make the final determination regarding use of the grant funding. 7(C) AGENDA REPORT FOR: City Council June 9g,2009 TO: Gary Crutchf anager Regular Mtg.: 06/15/09 FROM: Rick White, U4 Community& conomic Development Director SUBJECT: SPECIAL PERMIT: Location and operation of a hot-mix as halt plant in a RT Zone (MF#06-010--Remand from Superior Court) I. REFERENCE(S): 1. Report to the Planning Commission dated 5/21/09* 2. Exhibits 1 through 36 considered by the Planning Commission at the 3/19/09 open record hearing* 3. Planning Commission Minutes: Dated 3119/09; 3/26/09 and 5/21/09* 4. Proposed Resolution No. (Exhibit I*) *(Attachments in Council packets only; copies available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www_pasco- wa.gov/generalinfo/citycouncilreports). 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATION: 06/15: MOTION: I move to approve Resolution No. approving the special permit for the location and operation of a hot-mix asphalt plant in a RT zone at the Central Pre-Mix site at 11919 Harris Road, as recommended by the Planning Commission. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. Central Pre-Mix (CPM) has operated a sand and gravel facility at its west Pasco site for over 50 years. In 1982, the site was annexed to the City of Pasco. In 1995, the City granted CPM a special permit(SP 95-27)allowing the operation of a concrete batch plant and administrative offices on the site. That special permit approval extends through 2025. B. On August 24, 2004, CPM(and an owner of the combined site) submitted an application to modify the 1995 special permit to allow use of a hot-mix asphalt (HMA)plant within the site. C. Following City approval and issuance of an Environmental Impact Statement("EIS"),the Planning Commission conducted two separate open-record hearings on the CPM Application (August 17 and 24, 2006) and adopted proposed Findings of Fact and Conclusions of Law for denial on September 21, 2006. CPM appealed the Planning Commission's decision to the City Council. City Council adopted the Planning Commission's recommendation on January 16, 2007. CPM then appealed to Superior Court,under the Land Use Petition Act,chapter 36.70 RCW ("LUPA"). D. The Franklin County Superior Court granted CPM's appeal, in part, and vacated the City Council's decision. The Court did not grant the relief requested by CPM to mandate the issuance of a permit for the HMA plant. Rather, the Court remanded the matter to City Council for further proceedings on the Application. E. In October of 2008, City Council approved Resolution No. 3109 which provided for a remand of MF# SP 06-010 with the specifications that it be directed to the Planning Commission to "consider additional information relating to a "state-of-the-art HMA" plant and related mitigation of impacts associated with such a plant...." Consistent with the remand from Superior Court, the additional information regarding a"state-of-the-art" HMA plant was submitted through an addendum to the final EIS. The additional information contained in the Addendum is: 1. A description of the plant design that has the effect of minimizing odors and/or a description of the odor control process that will be initiated by CPM; 2. A description of the noise levels produced by the plant while in full operation (expressed in decibel levels)at representative distances from the plant; 3. The height of the plant after full assembly including the height of the silos; 4. The height and design of the berm proposed for enclosing the plant;and 8(a) 5. A description of the continuous odor response program and/or the complaint resolution process. F. Consistent with Council Resolution 3109, the Planning Commission conducted an open record hearing on March 19`h, 2009 and considered testimony from the applicant, the applicant's qualified experts and citizens and nearby property owners. The Planning Commission conducted deliberations on March 26` , 2009 on the.additional information received through the FEIS Addendum, the record of submitted exhibits, the testimony provided on 3/19109 and proposed conditions of approval. At the Planning Commission meeting of May 21, 2009, the Commission recommended Council approval subject to an extensive list of conditions as contained in Exhibit I of the attached Resolution. V. DISCUSSION: A. City Council continues to sit in this matter in a quasi-judicial capacity. The Planning Commission held the open record hearing on March I9`h, 2009, which provides Council the following options to consider this matter: 1) accept the Planning Commission's Findings, Conclusions and conditions and approve the special permit as recommended; 2) remand the special permit back to the Planning Commission for cause; or 3) conduct a closed record hearing. B. The original proposal from CPM was to move the HMA plant from the Richland site to the Pasco site. Instead, CPM has requested to install and operate a new HMA plant at the Pasco site. The new HMA plant proposed is a "counter flow design drum mix plant". This means that the aggregate mixing section is located behind the burner so that the liquid asphalt does not come in contact with the burner flame. The plant is designed to provide enclosure of the mixing and movement processes so that emission of vapors is minimized. Combustion noise is shielded in a more technologically advanced manner than the existing Richland HMA plant, and vapors and fumes are collected through a design which reintroduces them into the combustion chamber for use as fuel. C. The FEIS Addendum also examined noise levels associated with the new HMA plant. The original environmental noise analysis which was performed in August in 2005 used the Richland plant as the base. That analysis has been updated with sound level information applicable to the new HMA plant. Consistent with the original FEIS, the burners were orientated to the north in the noise models. D. The original FEIS prepared for the relocation of the Richland plant specified that the height of the plant would be 54 feet at full installation. The FEIS Addendum indicates that the newly proposed plant would have a height of 65 feet(415 feet above sea level). E. The FEIS Addendum contained a description of the landscape berm that was committed to by CPM as a mitigation measure in the original EIS.The FEIS addendum describes the berm as approximately 30 feet at the base with an average height of 15 feet and side slopes of 1:1. The berm has been supplemented through a planting of a rye grass mixture and with evergreen trees that will be located between the berm and Harris Road, F. The FEIS Addendum also described the continuous odor response program (CORP) proposed by CPM for the Pasco site. The CORP is a process that establishes a hierarchy of complaint reporting and a procedure for resolution of such complaints. The CORP in the FEIS Addendum has been significantly revised by Condition #21 in the proposed Council resolution. G. The FEIS Addendum was used in this process because the new information— specifically the proposed replacement of the existing Richland plant with a new plant—minimized the level of odor and noise from the plant operations. Since the original FEIS analyzed the Richland plant, an Addendum to the FEIS was prepared to assemble and disperse new environmental information. The minimization of noise and odors was supported by qualified evidence received at the Planning Commission open record hearing on March 19,2009. RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION OF A HOT MIX ASPHALT PLANT AT THE CENTRAL PRE-MIX SITE AT 11919 HARRIS ROAD WHEREAS, in August of 2004 CPM and Dale Adams submitted an application to modify the Special Permit#95-27 to allow use of an HMA plant within the 443 acre CPM Pasco site, and at the end of November 2004, the City's SEPA responsible official issued a Determination of Significance (DS) requiring preparation of an Environmental Impact Statement(EIS) for the proposed HMA plant; and, WHEREAS, a Final EIS (FEIS) was prepared and issued in May 2006, and identified several actions that could enhance regulatory measures which led to the conclusion that there are no unavoidable significant adverse impacts resulting from the proposed action and there was no appeal of the FEIS; and, WHEREAS, in August of 2006 the Planning Commission conducted 2 separate public hearings and numerous citizens provided testimony at the public hearing in opposition to the proposal; and, WHEREAS, the Planning Commission entered into deliberations on the proposal on September 21, 2006 and recommended that Council adopt the Planning Commission Findings and Conclusions and deny the application for the special use permit;and, WHEREAS, CPM appealed the Planning Commissions' decision to the City Council at a closed record hearing in January of 2007, and Council adopted the Planning Commission's recommendations and denied the special use permit; and, WHEREAS,CPM appealed the City Councils' decision to Franklin County Superior Court; and, WHEREAS,Franklin County Superior Court determined that the City's land use decision was an erroneous interpretation of law and remanded the case to the City but did not direct the case to be handled in a particular manner or direct that the City arrive at a particular outcome; and, WHEREAS, in October of 2008, City Council adopted Resolution 3109 which specified that consideration of additional information should be first considered at an open record hearing before the Planning Commission and be contingent on the receipt of any additional environmental information as determined by the City's SEPA responsible official; and, WHEREAS, CPM submitted additional information in November of 2008 and then through a FEIS Addendum which allowed assembly and dispersal of this information to the public as appropriate; and, WHEREAS, the FEIS Addendum of January 2009 indicates that CPM intends to install a new GENCOR 400 Ultra Plant as well as additional mitigating measures, instead of relocating the existing Richland IAC plant;and, WHEREAS, the new plant will minimize odors and noise compared to the Richland plant and the FEIS Addendum concluded that no significant adverse environmental impacts beyond those analyzed in the original FEIS are expected to occur;and, WHEREAS, qualified evidence (testimony and exhibits) received prior to and at the hearing support the Responsible Official's SEPA Determination including those contained in the FE1S Addendum; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a Special Permit is hereby granted to Central Pre-Mix for the location and operation of a hot mix asphalt plant at the Central Pre-Mix site at 11919 Harris Road under Master File # SP06-010 subject to the Planning Commission's Findings, Conclusions and conditions as contained in attached Exhibit 1. Passed by the City Council of the City of Pasco this day of ,2009 Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney AGENDA REPORT TO: City Council June 10, 2009 FROM: Gary Crutch Manager Regular Mtg.: 6/15109 SUBJECT: Franklin Cou Jail Expansion I. REFERENCE(S): 1. Conceptual Illustration of new Jail Building 2. Conceptual "Ground Level"/Jail Footprint 3. Conceptual "Upper Level" Footprint 4. Conceptual Floor Plan for Municipal Court Space 5. Pre-Design Construction Estimate 6. Criminal Justice Sales Tax Estimate (2008) 7. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/15: MOTION: I move to approve Resolution No. , a joint resolution with Franklin County, regarding construction of new jail and municipal court space and the financing thereof. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The 25-year-old Franklin County jail requires renovation and is inadequate in size to meet current or future jail space needs. Renovation cost is estimated at $445 million and construction of an additional 225 beds in an expansion of the jail is estimated to cost about $28 million. The renovation and expansion, combined, are expected to accommodate jail space needs in Franklin County for another 25 years(minimum). B) Franklin County has two options for funding such a project, both subject to voter approval: a) traditional property tax bond; or b) criminal justice sales tax. If financed via property tax bond, the estimated debt service of $2 million annually would require an annual extra levy of about 46 cents per thousand of assessed value; thus, the owner of a $200,000 home would pay an additional $92 per year in property tax while a business with $1.5 million in taxable real/personal property would pay nearly $700 per year additional property tax. The same debt service would require a sales tax increase of 3/10 of a cent county-wide, as the county's share (60%) would approximate $1.9 million. Given the greater flexibility associated with the sales tax option and the fact it will grow over time (thus allowing some future problems to be addressed without additional tax burdens),the county prefers use of the 3/10 criminal justice sales tax option and seeks the city's opinion/support. C) One of the city's priority needs is to make room for the overcrowded police department and to pay for a new municipal court facility. The space currently occupied by the municipal court at the county's public safety building was constructed in the early 1970's and paid by the city as a long-term lease; that 40-year lease terminates in 2012 and the city has no place to conduct court thereafter. The police department has simply outgrown its space at City Hall due to the dramatic expansion of its staff, in keeping up with the city's population growth. A space-needs analysis and conceptual floor plan completed last year has identified a need for a new building on the east end of the City Hall campus to house the police department ($11 million) and possibly a new municipal court($3 million). D) Estimated debt service for a police station building combined with a new municipal court space approximates $1 million annually. If financed via property tax, an additional levy rate of about 37 cents per thousand dollars would be required; that represents an additional $74 per year for the owner of a $200,000 home. The city's additional property tax levy would be in addition to the county levy, if the county chooses to use property tax as a financing mechanism. The city's statutory share of the criminal justice sales tax (proportionate share of incorporated population applied to 40% of the total 3110 sales tax annually) would approximate $1.2 million. 8(b) V. DISCUSSION: A) Although the county is legally responsible to provide jail space for felony crimes within the county, the city is responsible for housing city misdemeanants. Clearly, the best option for the city is to contract with Franklin County to house misdemeanants at the county jail (doing so avoids construction of a separate jail at city expense as well as transport costs between a separate jail and municipal court); this method has the added advantage of helping the county provide for operating costs associated with the jail (essentially, the city pays a large share of the annual operating cost for the county jail, in the form of daily prisoner housing cost). In essence, the city and county both benefit from a mutual contracting arrangement. As the county has nearly tripled in population since the current jail was built, expansion is clearly needed now and for future growth as well. The question is not whether a jail expansion is necessary; the question is"how best to finance?" such a project. B) As evidenced during the discussion of this matter during the recent joint "city/county" meetings, the county's jail expansion project could include new floor space for Pasco's municipal court (just as the city and county collaborated in 1970, a new long-term agreement could be developed whereby the city would pay for new court space as part of the jail expansion project). Thus, the county's jail project not only would provide a long- term solution to the city and county jail space need, but would also answer the question "where does the city conduct municipal court?" A long-term agreement (at least in principle) could be developed prior to the financing solution. C) Assuming the city is committed to including new court space in the jail expansion project, the financing question appears easily answered. To finance both projects via property tax would require two separate ballot issues (one county-wide for the jail; one within the city for the municipal court space and possibly the new police station); the effect, assuming voter approval, would be a total of 93 cents per thousand additional property tax on city property owners (assumes jail, court and police station), or $186 per year for a $200,000 home. On the other hand, the county-wide sales tax option would require one ballot question, county-wide, and the result (assuming approval of the 3/10 sales tax) would provide adequate funding for the jail expansion, municipal court and the police station. In addition, the revenue stream associated with the criminal justice sales tax (unlike the property tax) would tend to grow over time, thus absorbing growth in operating costs over time and minimizing the need to seek increased property or sales tax rates in the future. D) Given the space needs of the city (new municipal court and police station), the simplicity of the sales tax option (one, county-wide ballot), the ability of the criminal justice sales tax to fully support all three projects; the improved opportunity to collaborate with and mutually benefit the city and county criminal justice operations; and the reality that the criminal justice sales tax will grow over time, staff urges Council to prefer use of the county-wide criminal justice sales tax as the financing option for the jail expansion, municipal court space and new police station. That recommendation, however, is conditioned on the assumption that a satisfactory "agreement in principle" can be established prior to formal action. To that end, staff further recommends a joint resolution (city and county) which would spell out those principles in formal accord and express mutual support for the criminal justice sales tax ballot, presumably in November this year. E) Following Council discussion at the May I1 workshop meeting, city and county staff developed a joint resolution which outlines the basic rationale for a joint project agreement and the principles to be included in that agreement. In addition, the resolution declares the intent of the County Commission, with support of the Pasco City Council, to place a ballot proposition before the voters on the ballot, proposing the three-tenths of one percent sales tax addition. F) Continuing discussion between city and county staff over the past two weeks has identified the following language for the principles regarding the term of city occupancy of the court facility to be fully paid by the City: City will have minimum of 40 year lease of the space; county will have periodic right to terminate after 40 years,with at least 3 years notice and payment of depreciated value based on 80 year life of building space and industry standards. 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FRANKLIN COUNTY RESOLUTION NO. IN THE MATTER OF JOINTLY PLACING A BALLOT PROPOSITION BEFORE THE VOTERS OF THE COUNTY IN NOVEMBER 2009, PROPOSING AN ADDITIONAL THREE-TENTHS OF ONE PERCENT LOCAL SALES TAX and JOINTLY DEVELOPING AN AGREEMENT TO FACILITATE CONSTRUCTION AND OCCUPANCY SPACE FOR PASCO MUNICIPAL COURT AS PART OF THE NEW JAIL PROJECT PLANNED BY FRANKLIN COUNTY. WHEREAS, Franklin County is planning construction of a new 225-bed jail as well as renovation of the jail, as both are needed to provide the capacity for housing local offenders as the County continues to grow; and WHEREAS, the City contracts with Franklin County for housing of City misdemeanant offenders being adjudicated through Pasco Municipal Court, so having adequate jail space for pre-trial as well as post-trial confinement is critically important to the maintenance of public safety in the Pasco community; and WHEREAS, the City has operated its Municipal Court within space at the Franklin County Courthouse under the terms of a 40-year lease which will expire in 2012, thus, necessitating that the City find new space in which to conduct its Municipal Court functions; and WHEREAS, the Franklin County Board of Commissioners and the Pasco City Council, during recent joint meetings, discussed the probability of the City paying for new Municipal Court space in conjunction with the County's construction of a new jail; and WHEREAS, the Franklin County Commission and Pasco City Council, having duly considered the efficiencies to be gained for both parties, jointly find that the citizens and taxpayers of both jurisdictions will be greatly benefitted by the parties executing an agreement whereby the Pasco Municipal Court functions can be housed, long-term, at the Franklin County Courthouse, provided that the agreement is consistent with certain principles; and WHEREAS, the cost of such a facility requires the issuance of debt by the County, the repayment of which will require a voter-approved source of revenue; and WHEREAS, the County Commission and the Pasco City Council have considered the only two available options, an excess property tax levy or a three-tenths of one percent sales tax increase; and PASCO RESOLUTION NO. FRANKLIN COUNTY RESOLUTION NO. WHEREAS, the County Commission and the Pasco City Council both find that the sales tax option is much preferred because it provides sufficient funding for construction of both the jail and court facilities but will also provide sufficient funds for operation of those and other criminal justice functions throughout the County as well as the City and avoids an increase in the existing property tax burden on owners of property throughout the County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO AND THE BOARD OF COMMISSIONERS OF FRANKLIN COUNTY, WASHINGTON: Section 1. The Franklin County Commission and Pasco City Council hereby agree to develop a detailed agreement to facilitate construction and occupancy of sufficient space for Pasco Municipal Court as part of the new jail project planned by Franklin County. Section 2. The Franklin County Commission and Pasco City Council hereby agree that any such agreement will be wholly consistent with the following "Principles of Agreement": • Total floor area to be occupied solely by the City will be determined mutually but not less than 10,000 square feet in area. • City will pay for all construction cost attributed directly to the space mutually agreed to house Municipal Court and its related functions. • City will pay proportional cost of construction of"common areas" of new building directly related to the space mutually agreed to house Municipal Court. • City payment for construction costs will occur on the same schedule as any debt repayment schedule incurred by County for construction debt. • City will have minimum of 40-year lease of the space; County will have periodic right to terminate after 40 years, with at least three years notice and payment of depreciated value based on 80-year life of building space and industry standards. • City will pay proportional share of operating costs (utilities,janitorial, etc.)based on occupied space. • The prisoner housing contract will remain substantially in its current form and content. County will not include jail construction or renovation costs in calculating the daily fee for city use of the jail facilities. Section 3. The County Commission, with support of the Pasco City Council, will place a ballot proposition before the voters of the County in 2009, proposing an addition of three- tenths of one percent to the local sales tax, principally for construction and operation of a County jail and other public safety purposes. PASCO RESOLUTION NO. FRANKLIN COUNTY RESOLUTION NO. PASCO CITY COUNCIL PASCO,WASHINGTON APPROVED this day of June, 2009. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, WASHINGTON APPROVED this day of June, 2009. Rick Miller, Chairman Robert E. Koch, Chair Pro-Tern Brad Peck, Member ATTEST: APPROVED AS TO FORM: Clerk to the Board Ryan E. Verhulp Chief Civil Deputy Prosecutor AGENDA REPORT FOR: City Council Date: June 5, 2009 Workshop Meeting: June 8, 2009 TO: Gary Crutchfie Manager Regular Meeting: June 15, 2009 Stan Strebel, 'n. & Community Services Director FROM: Jim Chase, Finance Manager SUBJECT: ELECTRONIC UTILITY& PROPERTY LIEN SEARCH SERVICES I. REFERENCE(S): Ordinance—Increasing Utility/Lien Search Fee and Amending Chapter 3.07 Fee Summary II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/8/09 DISCUSSION 6115109 MOTION I move to adopt Ordinance No. amending PMC Chapter 3.07 to increase the fee for a Utility/Lien Search and, further, to authorize publication by summary only. III. FISCAL IMPACT: $3,000 in additional revenues. IV. HISTORY AND FACTS BRIEF; A. In 2004, a contract was signed with WebCheck, Inc to provide their WebCheck Canopy Services where a title insurance company or an escrow closing company can obtain access to water/sewer utility information and other property liens and assessments information through the internet 24 hours a day and print the information for their use in completing real property sales transactions. We went live on their system in 2005. B. During 2008 we received a total of$5,545 from lien search fees. There are between 20 to 30 access hit's per month. C. The City is charged a fee by WebCheck and in turn the title insurance and escrow companies pay a fee ($20)to the City for that internet access. Utility and lien data is sent to WebCheck on a daily basis. V. DISCUSSION: In 2005, WebCheck charged $8 for each "hit" or access to their system. In August of 2006 the charge was increased to $12. The lien search fee collected by Pasco from the title companies remained at $20. We recently received notification that WebCheck is increasing their charge, effective July 1, to $15. This will apply to all customers. They have numerous customers in Washington and Oregon. Staff feels an increase in the lien search fee to $30 would be appropriate. Our fee was not increased in when WebCheck increased their charge in 2006. Many cities on the west side of the state are already charging between S25 and $30 per search. Kennewick and Richland staff has indicated they are also considering increasing fees. We are required by the Revised Code of Washington 60.80.020 to provide utility onlX lien service at no charge (which would not include other liens). Staff will continue to perform utility only manual searches at no charge (the RCW gives up to 3 business days to provide). By using the internet, the title companies have the information needed in minutes; thus, the use of WebCheck is advantageous to the escrow companies and beneficial to the parties involved in real estate transactions. 8(c) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Increasing the Fee for a Utility/Lien Search and Amending Chapter 3.07 Entitled "Fee Summary," and Amending Section 3.07.090 Entitled "Miscellaneous". WHEREAS, the City of Pasco provides water/sewer utility and other liens and assessments searches for the closing totals at the sale of a parcel of land in Pasco; and WHEREAS, the City implemented an electronic service for accessing this information for the benefit of title insurance, escrow companies and other businesses in 2005; and WHEREAS, the increasing cost of providing this service should be paid by those using the service; and, WHEREAS,the City Council has determined that a fee increase from$20 to $30 is reasonable based on the speed and value that the City provides this service; and WHEREAS, in conformity with the laws of the State of Washington, the fee will not apply to utilities only request,NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. Effective as of July 1,2009,the Utility/Lien Search Fee shall be increased to $30. Section 2. Section 3.07.090 entitled "Miscellaneous" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 3.07.090 MISCELLANEOUS Fee/Charge Reference A) Photocopy Fees—per copy $0.15 Admin. Order#42 B) Returned Checks $25.00 3.112.010 C� Utility/Lien Search Fee $30.000-9A (excluding utilities only requests) (Ord. 3713, 2005; Ord. 3533, 2002; Ord. 3543, 2002; Ord. 3553, 2002) Section 3. This Ordinance shall take full force and effect on July 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 15th day of June 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney