HomeMy WebLinkAbout2009.06.22 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. June 22,2009
I. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) Regional Centers Oversight Committee Presentation. (NO WRITTEN MATERIAL ON
AGENDA)
Presented by Matt Watkins,Regional Centers Oversight Committee Chairperson.
(b) 2010 Census Complete Count Committee:
1. Agenda Report from Rick White, Community & Economic Development Director dated
June 16, 2009.
2. Elected Officials Fact Sheet.
(c) McNary Pool Revised Management Plan:
1. Agenda Report from Rick White, Community & Economic Development Director dated
June 18, 2009.
2. Proposed Resolution.
(d) Consent to Charter Communications,Inc.,Restructuring:
1. Agenda Report from Jim Chase, Finance Manager dated June 16, 2009.
2. Letter from Charter Communications to City Manager.
3. Copy of Form 394 Filing.
4. PMC 15.70.330.
5. Resolution, Consent to Charter Restructuring.
(e) Automatic Aid Agreement:
1. Agenda Report from Gary Crutchfield, City Manager dated June 18, 2009.
2. Memorandum to City Manager from Fire Chief dated 6/18/09.
3. Proposed Automatic Aid Agreement.
(f) Addition of Wade Park Area(Road 54 to Blue Bridge) to Levee 12-1 Lease:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
June 16, 2009.
2. June 6, 2009 Corps of Engineers Letter.
3. Proposed Lease Amendment.
4. Vicinity Photo—Road 54 to US 395 (Blue Bridge).
5. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
6. EXECUTIVE SESSION:
(a)
(b)
(c)
7. ADJOURNMENT.
Workshop Meeting 2 June 8,2009
REMINDERS:
1. 4:00 p.m., Monday, June 22, Port of Benton — Hanford Area Economic Investment Fund
Committee Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; AL YENNEY, Alt.)
2. 7:30 a.m., Thursday, June 25, 7130 W. Grandridge Blvd. — Tri-Cities Visitor and Convention
Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.)
3. 4:00 p.m., Thursday, June 25, 7130 W. Grandridge Blvd, — TRIDEC Board Meeting.
(COUNCILMEMBER MIKE GARRISON,Rep.; TOM LARSEN, Alt.)
4. 5:30 p.m., Thursday, June 25, 710 W. Court Street — Benton-Franklin Community Action
Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.)
5. 8:00 a.m., Friday, June 26, Franklin County Courthouse — Franklin County Law & Justice Board
Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; MIKE GARRISON, Alt.)
6. 12:00 p.m., Wednesday, July 1, 2601 N. Capitol Avenue — Franklin County Mosquito Control
District Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.)
7. 10:00 a.m., Saturday, July 4—Pasco's Grand Old 4h of July Parade. (Check in at registration table
at 4"1 & Marie at 9:00 a.m.) (MAYOR JOYCE OLSON, COUNCILMEMBERS MIKE
GARRISON,BOB HOFFMANN,TOM LARSEN and MATT WATKINS)
8. 7:00 p.m., Saturday, July 4, Dust Devils Stadium — Pasco's 4`' of July Entertainment and
Fireworks Celebration. (MAYOR JOYCE OLSON) (ALL COUNCILMEMBERS INVITED TO
ATTEND)
CITY HALL WILL BE CLOSED
FRIDAY,JULY 3 IN HONOR OF THE 4T" OF JULY HOLIDAY
THE NEXT CITY COUNCIL MEETING WILL BE HELD
MONDAY,JULY 6,2009—7:00 P.M.
AGENDA REPORT
FOR: City Council June 16th, 2009
TO: Gary CrutchfifiJeld, anager Workshop Mtg.: 06/22/09
FROM: Rick White, �
Community & Economic Development Director
SUBJECT: 2010 Census Complete Count Committee
L REFERENCE(S):
1. Elected Officials Fact Sheet
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
06/22: DISCUSSION
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A. Ms. Naomi Ortega from the US Census Bureau will give Council a presentation
on the "Complete Count" effort that the Bureau encourages each census.
B. The "Complete Count" effort is designed to increase participation in the 10 year
Census and thereby increase the accuracy of collected data.
C. Ms. Ortega will request that Council form a Complete Count Committee (CCC)
or partner in a regional CCC that uses a local approach with local representation
to help achieve a high rate of participation in the 2010 Census..
V. DISCUSSION:
A. Examples of activities that a CCC may use include placing census messages in
water bills and other correspondence generated by the City, including the 2010
Census logo and messages on newsletters and websites, placing census
banners/information in highly visible public locations, providing public service
announcements on PSC Channel 12, and issuing a city proclamation expressing
support for the efforts of the Census Bureau to obtain an accurate count in 2010.
B. The City's population is a major factor in distribution of many types of funds.
Historically, local populations are "undercounted" in population estimates and the
national census provides a baseline to better estimate yearly population increases.
4(b)
United States, . . . _;
ensus
2010 "BE COUNTED IN 10.ya
The Census: A Snapshot
• What: The census is a count of everyone residing in the _ • •
United States.
Who: All U.S. residents must be counted—people of all races
and ethnic groups, both citizens and non-citizens. •- "
• When: Census Day is April 1, 2010. Questionnaire responses •
should represent the household as it exists on this day. More
detailed socioeconomic information will be collected annually • + •
from a small percentage of the population through the •• - • +
American Community Survey. • •
• Why: The U.S. Constitution requires a national census + ` •
once every 10 years. The census will show state population • • • +• i
counts and determine representation in the U.S. House of • - •
Representatives. • •. •
• How: Census questionnaires will be delivered or mailed to • - • . -
households via U.S. mail in March 2010; many households
will receive a replacement questionnaire in early April.
Census workers also will visit households that do not return
questionnaires.
e e
A Complete Count: The importance of Census Data
• Every year, the federal government can allocate more than ' -•
$300 billion to states and communities based, in part, on . • - -
census data. - _ • • +
• Census data guide planning for new hospitals, roads,job + - - •- •- •
training centers, schools and more. •
• Census data are used to determine the need for additional ` • • ' • •
social services, block grants and other grant programs ' + ® •
essential to many communities. - -
• Census data inform a diverse range of local initiatives, from • -•- •
justifying the need for an after-school program to designating •• • • - •
urban revitalization areas. -• - -
2010 Census Questionnaire: Quick, Easy
and Confidential
• With only 10 questions, the 2010 Census questionnaire is
one of the shortest questionnaires in history and takes just
!.
10 minutes to complete.
• By law, the Census Bureau cannot share an individual's
census questionnaire responses with anyone, including
other federal agencies and law enforcement entities, zozo
ITS IN OUR R HANDS
iJnite d States M
2010 CENSUS: . . . Census
2010
0
Become a 2010 Census Partner >
r
Your partnership sends a strong message to your community about the importance of the census v'
and the benefits of being counted. By partnering with the Census Bureau, you can help:
Spread the word about temporary census jobs in your community.
Ensure accurate census data, which inform important funding decisions you make on behalf of
your community.
• More accurately represent your constituents' interests.
Take Action for Your Community and Country
As a partner, you will play an important role in making the 2010 Census successful by encouraging
people in your community to take part in the count. You can:
Issue a proclamation or other public endorsement of the 2010 Census.
s Conduct "town hall" meetings or other events to encourage census participation,
Help recruit census workers in your community.
Provide space for Be Counted and Questionnaire Assistance Centers or for testing and training
census employees.
Create a Complete Count Committee (CCC) in your area and invite other influential community
leaders and elected officials to join you in the effort to increase census participation.
2010 Census Timeline: Key Dates
Fall 2008 Recruitment begins for local census jobs for early census operations.
Spring 2009 Census employees go door-to-door to update address lists nationwide.
Fall 2009 Recruitment begins for census takers to support peak workload in 2010.
February-March 2010 Census questionnaires are mailed or delivered to households.
April 1,2010 Census Day
May-July 2010 Census takers visit households that did not return a questionnaire by mail.
December 2010 By law, Census Bureau delivers population counts to the president for apportionment.
March 2011 By law, Census Bureau completes delivery of redistricting data to states.
10i A COMPLETE AND ACCURATE COUNT
IS IN OUR HANDS.
For more information about the 2010 Census, go to 2010census.gov.
2010 CENSUS
1 IT'S IN OUR HANDS
U.S. Department of Commerce
issueo Feoruary 2009 Economics and Statistics Administration
Form 0-3216(E) U.S.CENSUS BUREAU
AGENDA REPORT
FOR: City Council June 18`h, 2009
TO: Gary Crutchfiel anager Workshop Mtg.: 06/22/09
Regular Mtg.:07/06/09
FROM: Rick White, `1''
Community & Economic Development Director
SUBJECT: McNAU Pool Revised Management Plan
I. REFERENCE(S):
1. Proposed Resolution.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
06/22/09: DISCUSSION
07/06/09: MOTION: I move to approve Resolution No. , concerning
regulations proposed by the Corps of Engineers regarding private
docks in the McNary Pool.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The Corps of Engineers developed the McNary Pool Shoreline Management Plan
in 1980, and prepared revisions to this original Plan in 1983. It has not been
updated since then. The Pasco Columbia River shoreline is regulated by the Plan.
B. In January of this year, the Corps (along with a biologist and a Fish and Wildlife
representative) presented draft revisions to the Management Plan at a public
meeting at Columbia Basin College.
C. The sentiment at the public meeting was one of concern over the regulatory
requirements contained in the Plan revisions — especially regarding impacts to
existing dock owners.
D. Council was given a summary of the Plan revisions at the 3/23/09 Workshop
meeting by staff and at the 5/11/09 Workshop meeting by the Corps. Council has
also received the Battelle Report, Corps of Engineer's summary literature and the
Korenko letter in previous agenda reports.
II. DISCUSSION:
A. The Battelle Report (provided by the City of Richland) cites literature that
concludes that the "extent of increase in predation on salmonids in the Columbia
river resulting from over-water structures is not well known."
B. The Corps of Engineers has provided literature references and sources which they
conclude support the 10 foot minimum dock anchoring depth above the minimum
operating level of the McNary Pool.
4(c)
C. The Korenko letter explains that due to the speed of the current in various
locations in the Columbia River, the effect of turbidity resulting from propeller
wash is"transient and insignificant".
D. Based on information contained in the above references, there is a genuine debate
of public and scientific opinion as to the beneficial effects the proposed dock
design criteria would have on juvenile salmon.
E. The minimum anchoring depth of 10 feet above the minimum operating pool level
of 335 feet is the one factor that impacts the majority of current dock owners and
which these owners cannot control. It is likely that applying this minimum
anchoring depth will result in the removal of most docks along the Pasco
rivershore. In addition, there is insufficient scientific support for implementing
dock design criteria for transparency and minimum distances from the ordinary
high water mark.
RESOLUTION NO.
A RESOLUTION URGING THE CORPS OF ENGINEERS TO REMOVE
DOCK DESIGN AND MINIMUM DEPTH ANCHORING REQUIREMENTS FROM
THE REVISED MCNARY POOL MANAGEMENT PLAN
WHEREAS, The McNary Pool Management Plan was last amended in 1983, and
since 1983 the population and land use patterns in the Tri-Cities have changed
significantly; and,
WHEREAS, The existing McNary Pool Management Plan contains regulations
that pertain to the transfer of ownership and the permitting process for docks; and,
WHEREAS, Several species of salmonids in the Columbia River have been listed
as threatened or endangered under the Endangered Species Act; and,
WHEREAS, The proposed plan revisions contain design criteria for docks that
dictate size,material, design, transparency and depth for anchoring; and,
WHEREAS, the migratory pattern of juvenile salmonids smolts appears to be in
the deeper and center sections of the Columbia River in water depths of 30 to 40 feet and
at night; and,
WHEREAS, the data describing smolt behavior determined that smolts avoid
shadow structures to avoid predation; and,
WHEREAS, deep water night migration eliminates the need for dock design
criteria that prevent shadows in shallow water during the daylight hours; and,
WHEREAS, data indicates that shoreline landscaping has an insignificant effect
on the survival ratio of smolts; and,
WHEREAS, The minimum requirements for depth and transparency of
overwater structures are the subject of true scientific debate concerning
beneficial/adverse impacts on the migration and predation of salmonid smolts; and,
WHEREAS, The minimum proposed anchoring depth for docks of 10 feet above
the minimum McNary operating pool level of 335 feet is impractical given the River
depth at or near the Pasco shoreline and such minimum anchoring depth could result in
the removal of most or all docks on said Pasco shoreline; and,
WHEREAS, Existing permitting and design criteria for docks have been
inconsistently applied and enforced since the McNary Management Plan was last
amended; and,
WHEREAS, the probable adverse effect on the human environment and the
ability to utilize the shoreline for recreational purposes resulting from the 10 foot depth
requirement will substantially exceed the very debatable and highly uncertain benefit to
certain endangered fish and associated habitat;
NOW,THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. The City of Pasco urges the Corps of Engineers to remove the
following criteria from the McNary Pool Plan Revisions of 2009:
• The anchoring requirement of 10 feet above the minimum operating pool
level of 335 feet;
• The transparency requirement established through grating ratios;
• The minimum distance from the ordinary high water mark of 40 feet.
Section 2. Further, the City of Pasco urges the Corps of Engineers to establish
and convey permanent, legal and nonconforming status to existing and permitted
docks from the imposition of additional design criteria and minimum anchoring
depth requirements.
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
FOR: City Council June 16, 2009
TO: Gary Crutchfield anager Workshop Mtg.: 6/22/09
Stan Strebel, Ad in. ommunity Services Director Regular Mtg.: 7/6/09
FROM: Jim Chase, Finance Manager
SUBJECT: Consent to Charter Communications, Inc., Restructuring
I. REFERENCE(S):
1) Letter from Charter Communications to City Manager
2) Copy of Form 394 Filing
3) PMC 15.70.330
4) Resolution, Consent to Charter Restructuring
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
6/22 Discussion
7/6 MOTION: I move to approve Resolution No. consenting to Charter
Communications, Inc. restructuring.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
A) Charter Communications offers cable television connections within the City of
Pasco. As stated in the attached letter, in March 2009, Charter communications
began a voluntary Chapter 11 reorganization process to reduce its debt and to provide
new capital to Charter. Part of the procedure, as also stated in the letter, is to cancel
the current stock of the company and replace it with new stock.
B) Pasco Municipal Code (PMC) (titled Telecommunications, but dealing more
specifically with franchises) Section 15.20 AO) provides a definition for Transfers.
Transfers mean any transactions in which 1) all or a portion of the system is sold or
assigned. PMC Section 15.70.330 states that any transactions which singularly or
collectively results in a change of fifty percent or more of ownership or working
control . . . would require City approval.
V. DISCUSSION:
A) Based on the above, staff feels it is necessary for the City Council to give its consent
to Charter's restructuring plan.
B) Staff recommends approval of the Resolution.
4(d)
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ff 'F:ASlI.M Vif 18:R114M#'
April 17, 2009
Via Federal Express
Gary Crutchfield
City Manager
City of Pasco
525 North Third Avenue
P.O. Box 293
Pasco,WA 99301
Re: Charter Communications, Inc.Form 394 Filing
Dear Mr. Crutchfield:
In February, Charter Communications,Inc. ("Charter"), the ultimate parent corporation
of your franchisee, announced that it had reached agreements with certain of its key bondholders
to significantly reduce its debt and provide new capital to Charter. In order to implement the
restructuring plan as expeditiously as possible, on March 27, 2009, Charter voluntarily began a
Chapter I I reorganization process. As you may know, the Chapter 11 process is specifically
designed to enable companies to continue to operate while they develop and implement financial
restructuring plans.
The agreements between Charter and its key bondholders and principal stockholder, Paul
G. Allen, contemplate that upon completion of the reorganization, Charter's current stock will be
cancelled and replaced by new stock. Some of those bondholders and Mr. Allen (who will
continue to have the largest individual voting interest in Charter)will be issued new voting stock
in Charter in exchange for their current claims and interests. Pursuant to the agreements, some
of the bondholders will invest $3 billion of capital in Charter to support the overall refinancing.
Under the terms of this agreement, Charter's current Chief Executive Officer, Chief
Operating Officer and its current local management and employees will remain in place. All of
the cable television franchises held by Charter entities will continue to be held by those same
entities, as you will see in the before and after charts attached to this letter. Charter and its
subsidiaries will continue to provide services to their customers as usual. To that end, Charter
sought and obtained final authority from the Bankruptcy Court to use its cash for normal
business operations. On March 30, 2009, Charter received interim authorization from the
Bankruptcy Court to continue paying franchise fees and amounts due under its franchise
agreements. At a hearing on April 15, 2009, Charter obtained final approval from the
Bankruptcy Court to pay such fees and amounts.
A detailed description of the transaction as filed with the United States Bankruptcy Court
for the Southern District of New York(Case No. 09-11435) is provided in Exhibit 1 to the
Federal Communications Commission's ("FCC") Form 394 included with this letter.
While it is not clear that your consent to the transaction is required by applicable
bankruptcy law, we have provided copies of the FCC Form 394, other information, and a draft
consent resolution to help facilitate the consent process. If you determine that your consent is
not required for this transaction to proceed, you need not take any further action.
• FCC Form 394. FCC Form 394 (required copies enclosed) is designed to provide you
with the relevant information needed to assess the financial, legal, and technical
qualifications of Charter after the restructuring.
• According to the FCC's rules,you have a maximum of 120 days from the date you
receive this information to review all materials and act upon our request for consent to
the transaction. Should you choose not to take any action within these 120 days, under
federal law your consent will be deemed granted, Please note, this time frame may be
shorter if so specified in your franchise documents.
• Consent Resolution. Should you determine that your consent to the transaction is
required, we have enclosed a draft consent resolution that can be used to help expedite
the consent process. We would request that a consent resolution, if needed, be placed on
your agenda for consideration at your earliest convenience.
For additional information about our financial restructuring, you may also refer to our
website at www.cliarter.com. You can also find regular updates on the bankruptcy case,as well
as all of our court filed documents, at www.kcclic.net/charter.
All of us at Charter are committed to emerging from this process as a stronger, more
competitive company and a valuable partner to the communities we serve and our customers for
many years to come. Should you have any questions about the FCC Form 394, the consent
resolution or any of the other enclosed documents, please do not hesitate to contact me at 770-
754-5269 or Petra Redchuk, Charter's Director of Government Relations, at 360-258-5108.
Sincerely,
94JL., S - &VV�
Mark Brown
Senior Director and Counsel
Legal and Government Affairs
Charter Communications, Inc.
Attachment and Enclosures
Federal Communications Commission Approved By OMB
Washington,DC 20554 FCC 394 3060-0573
APPLICATION FOR FRANCHISE AUTHORITY
CONSENT TO ASSIGNMENT OR TRANSFER OF CONTROL
OF CABLE TELEVISION FRANCHISE
SECTION I. GENERAL INFORMATION FOR FRANCHISE AUTHORITY USE ONLY
DATE April 17,2009 1. Community Unit Identification Number: WA0178
2. Application for ❑ Assignment of Franchise ❑ Transfer of Control-
Reorganization Upon Emergence From Bankruptcy
3. Franchising Authority: City of Pasco
4. identify community where the system/franchise that is the subject of the assignment or transfer of control is located:
PASCO,WA
5. Date system was acquired or(for system's constructed by the transferor/assignor)the date on N/A
which service was provided to the first subscriber in the franchise area:
6. Proposed effective date of closing of the transaction assigning or transferring ownership of the As soon as reasonably
system to transferee/assignee: practicabi e
7. Attach as an Exhibit a schedule of any and all additional information or material filed with this Exhibit No.
application that is identified in the franchise as required to be provided to the franchising NIA
authority when requesting its approval of the type of transaction that is the subject of this
application.
PART I—TRANSFEROR/ASSIGNOR
1. Indicate the name, mailing address, and telephone number of the transferorlassi nor.
Legal name of Transferor/Assignor(if individual, list last name first)
Charter Communications, Inc.
Assumed name used for doing business(if any)
Mailing street address or P.O. Box
12405 Powerscourt Drive
City State ZIP Code Telephone No. (include area code)
St. Louis MO 63131 (314)965-0555
2.(a) Attach as an Exhibit a copy of the contract or agreement that provides for the assignment or Exhibit No.
transfer of control (including any exhibits or schedules thereto necessary in order to 1
understand the terms thereof). If there is only an oral agreement, reduce the terms to writing
and attach. (Confidential trade,business, pricing or marketing information,or other information
not otherwise publicly available,may be redacted).
(b) Does the contract submitted in response to (a)above embody the full and complete agreement ®Yes ❑ No
between the transferor/assignor and the transferee/assignee?
If No, explain in an Exhibit. Exhibit No.
1
FCC 394 (Page 1)
PART It - TRANSFEREE/ASSIGNEE
1. a Indicate the name, mailing address, and telephone number of the transferee/assignee.
Legal name of Transferee/Assignee(if individual, list last name first)
Charter Communications,Inc.
Assumed name used for doing business (if any)
Mailing street address or P.O.Box
12405 Powerscourt Drive
City State ZIP Code Telephone No. (include area code)
St. Louis MO 63131 314 965-0555
b Indicate the name, mailing address,and telephone number of person to contact,if other than transferee/assignee.
Name of contact person (list last name first)
Mark E.Brown
Firm or company name(if any)
Charter Communications,Inc.
Mailing street address or P.O. Box
11720 Amber Park Drive, Suite 160
City State ZIP Code Telephone No. (include area code)
Alpharetta GA 30009 (770)754.5269/Fax(678)893-5980
E-Mail: charter394@chartercom.com
(c) Attach as an Exhibit the name, mailing address, and telephone number of each additional person Exhibit No.
who should be contacted, if any. N/A
d Indicate the address where the system's records will be maintained.
Street address
12405 Powerscourt Drive or a regional or area office as appropriate)
City State ZIP Code
St. Louis MO 1 63131
2. Indicate on an attached exhibit any plans to change the current terms and conditions of service and Exhibit No.
operations of the system as a consequence of the transaction for which approval is sought. 2
FCC 394 (Page 2)
SECTION 11. TRANSFEREE'S/ASSIGNEE'S LEGAL QUALIFICATIONS
1. Transferee/Assignee is:
® Corporation a. Jurisdiction of incorporation: d. Name and address of registered agent in
Delaware jurisdiction:
b. Date of incorporation: Corporation Service company
07/2211999 2711 Centerville Road, Suite 400
Wilmington,DE 19808
c. For profit or not-for-profit: For profit
❑ Limited Partnership a. Jurisdiction in which formed: c. Name and address of registered agent in
jurisdiction:
b. Date of formation:
❑ General Partnership a. Jurisdiction whose laws govern formation: b. Date of formation:
❑ Individual
❑ Other. Describe in an Exhibit Exhibit No.
2. List the transfereelassignee, and, if the transfereelassignee is not a natural person, each of its officers, directors,stockholders
beneficially holding more than 5%of the outstanding voting shares,general partners,and limited partners holding an equity interest
of more than 5%. Use only one column for each individual or entity. Attach additional pages if necessary. (Read carefully-the
lettered items below refer to corresponding lines in the following table.)
(a) Name,residence,occupation or principal business, and principal place of business. (If other than an individual,also show
name,address and citizenship of natural person authorized to vole the voting securities of the applicant that it holds.) List the
applicant first,officers, next,then directors and,thereafter, remaining stockholders and/or partners.
(b) Citizenship.
(c) Relationship to the transferee/assignee(e.g.,officer,director, etc.).
(d) Number of shares or nature of partnership interest.
(e) Number of votes.
(f) Percentage of votes.
(a) See Exhibit No. 3
(b)
(c)
(d)
(e)
(f)
FCC 394 (Page 3)
3. If the applicant is a corporation or a limited partnership, is the transferee/assignee formed under the laws ®Yes ❑ No
of, or duly qualified to transact business in,the State or other jurisdiction in which the system operates?
If the answer is No,explain in an Exhibit. Exhibit No.
a
4. Has the transferee/assignee had any interest in or in connection with an applicant which has been ®Yes No❑
dismissed or denied by any franchise authority?
If the answer if Yes,describe circumstances in an Exhibit. Exhibit No.
5
5. Has an adverse finding been made or an adverse final action been taken by any court or administrative ®Yes ❑ No
body with respect to the transferee/assignee in a civil,criminal or administrative proceeding, brought under
the provisions of any taw or regulation related to the following: any felony; revocation,suspension or
involuntary transfer of any authorization (including cable franchises)to provide video programming
services; mass media related antitrust or unfair competition;fraudulent statements to another government
unit; or employment discrimination?
If the answer is Yes, attach as an Exhibit a full description of the persons and matter(s)involved, including Exhibit No.
an identification of any court or administrative body and any proceeding (by dates and file numbers, if
applicable), and the disposition of such proceeding. 6
& Are there any documents,instruments, contracts or understandings relating to ownership or future ❑Yes ® No
ownership rights with respect to any attributable interest as described in Question 2 (including, but not
limited to, non-voting stock interests, beneficial stock ownership interests, options,warrants, debentures)?
If Yes, provide particulars in an Exhibit.
7. Do documents, instruments,agreements or understandings for the pledge of stock of the ❑Yes ❑ No
transferee/assignee, as security for loans or contractual performance, provide that: (a)voting rights will
remain with the applicant,even in the event of default on the obligation; (b)in the event of default, there will
be either a private or public sale of the stock; and (c)prior to the exercise of any ownership rights by a
purchaser at a sale described in(b), any prior consent of the FCC and/or of the franchising authority, if
required pursuant to federal,state or local law or pursuant to the terms of the franchise agreement will be
obtained?
If No,attach as an Exhibit a full explanation. Exhibit No.
NIA
SECTION III. TRANSFEREE'S/ASSIGNEE'S FINANCIAL QUALIFICATIONS
1. The transfereelassignee certifies that it has sufficient net liquid assets on hand or available from committed ®Yes ❑ No
resources to consummate the transaction and operate the facilities for three months.
2. Attach as an Exhibit the most recent financial statements,prepared in accordance with generally accepted Exhibit No.
accounting principles, including a balance sheet and income statement for at least one full year,for the
transferee/assignee or parent entity that has been prepared in the ordinary course of business, if any such
financial statements are routinely prepared. Such statements, if not otherwise publicly available, may be 7
marked CONFIDENTIAL and will be maintained as confidential by the franchise authority and its agents to
the extent permissible under local law.
SECTION IV. TRANSFEREE'S/ASSIGNEE'S TECHNICAL QUALIFICATIONS
Set forth in an Exhibit a narrative account of the transferee's/assignee's technical qualifications,experience and Exhibit No.
expertise regarding cable television systems, including, but not limited to, summary information about
appropriate management personnel that will be involved in the system's management and operations. The 8
transferee/assignee may, but need not, list a representative sample of cable system currently or formerly owned
or operated.
FCC 394 (Page 4)
SECTION V - CERTIFICATIONS
Part I -Transferor/Assignor
All the statements made in the application and attached exhibits are considered material representations,and all the Exhibits are a
material part hereof and are incorporated herein as if set out in full in the application.
I CERTIFY that the statements in this application are true, Signature
complete and correct to the best of my knowledge and belief and
are made in good faith.
Date
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE April 17,2009
PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, Print full name
TITLE 18, SECTION 1001. Grier C_Raclin
Check appropriate classification:
❑ Individual ❑ General Partner ® Corporate Officer ❑ Other. Explain:
Executive Vice President, General Counsel
and Corporate Secretary
Part II -Transferee/Assignee
All the statements made in the application and attached Exhibits are considered material representations, and all the Exhibits are a
material part hereof and are incorporated herein as if set out in full in the application.
The transferee/assignee certifies that he/she:
(a) Hasa current copy of the FCC's Rules governing cable television systems.
(b) Has a current copy of the franchise that is the subject of this application,and of any applicable state laws or local ordinances and
related regulations.
(c) Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and reiated
regulations,and to effect changes,as promptly as practicable, in the operation system, if any changes are necessary to cure any
violations thereof or defaults thereunder presently in effect or ongoing.
I CERTIFY that the statements in this application are true, Signature
complete and correct to the best of my knowledge and belief and are made in good faith.
Date
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE April 17,2009
PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, Print full name
TITLE 18,SECTION 1001. Grier C. Raclin
Check appropriate classification:
❑ Individual ❑ General Partner ®Corporate Officer ❑ Other. Explain:
Executive Vice President, General Counsel
and Corporate Secretary
FCC 394 (Page 5)
PMC 15.70.330
15.70.330 TRANSACTIONS AFFECTING CONTROL OF GRANT. Any
transactions which singularly or collectively result in a change of fifty percent (50%) or more of
the ownership or working control of the grantee, of the ownership or working control of a
communications system, of the ownership or working control of affiliated entities having
ownership or working control of the grantee or of a communications system, or of control of the
capacity or bandwidth of the grantee's communication system, facilities or substantial parts
thereof, shall be considered an assignment or transfer requiring City approval. Transactions
between affiliated entities are not exempt from City approval. A grantee shall promptly notify
the City prior to any proposed change in, or transfer of, or acquisition by any other party of
control of a grantee's company. Every change, transfer, or acquisition of control of a grantee's
company shall cause a review of the proposed transfer. In the event the City adopts a resolution
denying its consent and such change, transfer or acquisition of control has been effected, the City
may cancel the permit, franchise or lease. Approval shall not be required if said transfer is from a
grantee to another person or entity controlling, controlled by, or under common control with a
grantee. (Ord. 3287 Sec. 1, 1998.)
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PASCO CONSENTING TO CHARTER
COMMUNICATIONS RESTRUCTURING
WHEREAS,Falcon Video Communications L.P. (Franchisee), an indirect, wholly owned
subsidiary of Charter Communications, Inc. ("Charter"), owns a cable television system (the
"System") in the City of Pasco, Washington,the Franchise Authority; and
WHEREAS, on March 27,2009, Charter and certain of its subsidiaries filed voluntary petitions
in the United States Bankruptcy Court for the Southern Jurisdiction of New York("Bankruptcy
Court")seeking relief under the provisions of Chapter 11 of Title 11 of the United States Code in
order to effectuate a financial restructuring(Case No. 09-11435); and
WHEREAS,pursuant to the terms of agreements entered into between Charter and its key
holders, Charter's current class A Common Stock and Class B Common Stock will be canceled
and replaced with new voting stock owned by Paul G Allen and such bondholders,as described in
filings with the Bankruptcy Court(the"Transaction"),copies of which have been provided to the
City of Pasco; and
WHEREAS,the Pasco Municipal Code (PMC) Section 15.70.020 AO (2)provides the definition
of"transfer"as a change, acquisition,or direct or indirect transfer of control of the franchisee or
right of way permit holder; and
WHEREAS, the Pasco Municipal Code(PMC) Section 15.70.330 titled Transactions Affecting
Control Of Grant, states that transactions that result in a change of 50% or more of ownership
requires City Approval;and
WHEREAS,the City of Pasco has concluded that based on PMC Sections 15.70.020 and
15.70.330,that approval is necessary for the above described Transaction and has been provided
a FCC Form 394 and related information for such Transaction: and
WHEREAS,the City of Pasco has considered and approves of the Transaction described above.
NOW THEREFORE BE IT FURTHER RESOLVED AS FOLLOWS:
1. The foregoing recitals are approved and incorporated herein by reference.
2. The City of Pasco consents to the Transaction described herein.
3. This Resolution shall be deemed effective upon adoption.
4. This Resolution shall have the effect of permitting the transfer of the existing franchise
which shall remain in full force and effect without amendment or alteration except with
the reasonable consent of the Franchisee.
PASSED,ADOPTED AND APPROVED by the City Council of the City of Pasco, Washington
at a regular meeting thereof assembled this 15th day of June 2009.
Joyce Olson,Mayor
ATTEST: APPROVED AS TO FORM:
Debra L Clark, City Clerk Leland Kerr, City Attorney
AGENDA REPORT
TO: City Council June 18, 2009
FROM: Gary Crutchfie i Manager Workshop Mtg.: 6/22/09
SUBJECT: Automatic Ai Agreement
I. REFERENCE(S):
1. Memorandum to City Manager from Fire Chief dated 6/18/09
2. Proposed Automatic Aid Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
6/22: Discussion
III. FISCAL IMPACT:
Unknown
IV. HISTORY AND FACTS BRIEF:
A) Pasco has used the traditional "mutual aid" arrangement with its neighboring
agencies for decades, whereby each community commits to help the other in an
emergency, if they have the equipment/personnel to do so; actual response is
determined by the commanding officer on a case-by-case basis.
B) As outlined in Chief Gear's memorandum (attached), Kennewick and Richland
(similar urban communities) operate on an "automatic aid" arrangement, whereby
the responding agency is automatically provided through dispatch without seeking
permission/authorization from the responding community's commanding officer.
C) Chief Gear recommends Pasco enter into the "automatic aid" arrangement with
the neighboring communities, for the reasons outlined in the attached
memorandum.
V. DISCUSSION:
A) The only significant area of concern is the potential for additional overtime cost
that may be caused by "automatic" responses across the river (if one of our
stations is dispatched across the river and we subsequently have a concurrent
structure fire, Pasco will need to call in forces to fill the gap in coverage). That
concern, however, can be monitored by management staff and evaluated at
periodic intervals.
B) Given the extent of urbanization of Pasco's planning area over the past decade,
and the potential safety improvements accruing to Pasco's fire crews on a Pasco
structure fire, it is recommended that the automatic aid agreement be approved
and its effects monitored for a year to gauge actual costs.
4(e)
MEMORANDUM
June 18, 2009
TO: Gary Crutchfield, City Manager
FROM: Bob Gear, Fire Chief
RE: Automatic Aid Agreement
I have presented you with a copy of the Automatic Aid Agreement in place between neighboring fire
agencies within Benton County, including the City of Kennewick Fire Department, City of Richland
Fire Department and Benton County Fire Districts 1, 2, and 4. This agreement was originally put in
place in 2007 to address the process currently in place; to dispatch and receive resources from
neighboring jurisdictions.
As you are aware, the area operates under a Mutual Aid agreement that has been in place for over
twenty years. The intent of"Mutual Aid"is to allow the sharing of resources from one agency to
another under defined circumstances.
• An emergency must be ongoing
• The demand of the emergency must have exceeded the requesting agency capability
• The requesting agency incident commander must request specific assistance from sending
agencies officer
• The sending agency may take time to deliberate their ability to assist or deny assistance
The City of Pasco Fire Department has a need to participate in the Automatic Aid Agreement for two
reasons. Dispatch functionality and fire fighter safety.
To understand the dispatch functionality you have to understand the resource allocation model
employed by the Computer Aided Dispatch system(CAD). When the current Intergraph CAD
deployment system was developed we had a need to"fill out" dispatch or alarm assignments through
a number of alarms, i.e. I" alarm, 2nd alarm Ord alarm etc. The previous methods of doing this
allowed you to "name" apparatus per alarm assignments. So on a 2nd alarm we could ask Kennewick
if it was okay if we listed Engine 61 as responding to Pasco. The Intergraph CAD does not allow
dispatching in this manner. It requires that you list unit types such as"Engine"; it then searches the
fire stations in a prelisted order for an available fire engine. So, in effect you can get a fire engine
from one agency to a specific address one day and the next day get a fire engine from a different
agency to the exact same event type and address, because the one dispatched yesterday is not
available today.
Because of this deployment model, Pasco Fire already receives request for units to assist any of the
agencies dispatched by SECOMM throughout the year. This request is made directly from a
SECOMM dispatcher to a Franklin County dispatcher who in turn dispatches our requested unit if it
is available. For whatever reason our shift commander could intercede and advise the dispatch center
that we cannot assist at this time, and to advise SECOMM to go to the next unit recommendation.
To: Gary Crutchfield
RE: Automatic Aid Agreement
Page 2
We utilize a similar system here in reverse. When we have deployed resources to an incident and we
need additional assistance or we have simultaneous incidents our deployment plan advises the
dispatcher to request"mutual aid"units from SECOMM. However, because it is a dispatcher to
dispatcher request, it does not follow the mutual aid plan request procedures(does not involve the
shift commander). Having the dispatch done"automatically" instead of through a mutual aid
"request" will significantly reduce the time required to receive help to the City of Pasco. Depending
on the time of day and the activity level at the time, "requesting" assistance instead of assistance
being"automatically" dispatched can result in at least a two-minute delay, and as much as a five-
minute delay. In one case this year it took eleven minutes for a mutual aid request to be processed.
The second need is to increase staffing on working fires. Our current minimum staffing is 12 persons
available to respond to working fires, if we don't have any other incidents occurring. However, on
half of our property loss residential structure fires in 2008, we failed to assemble the full 12
approximately 50% of the time (this occurs because we have another call in progress when the
building fire is dispatched). National standards recommend a minimum of 15 persons for a house
fire(20 persons for a commercial fire) on the first alarm assignment.None of the fire agencies within
this community have that number of persons available for the few actual house or commercial fires
that occur each year. To compensate for the staffing levels in individual agencies, or simultaneous
calls,automatic aid agreements are utilized to provide additional units or to replace unavailable units
and provide adequate, consistent staffing levels at critical emergencies.
It is the intent of the participating fire chiefs to limit the dispatches under automatic aid to those that
the dispatcher believes to be actual building fires and not what would be termed"possible"building
fires. Because of the current dispatch methodology employed at SECOMM, Pasco fire units do
respond into that dispatch group currently and I don't expect that we will see a significant increase in
requests to us from them. Most of the current requests from SECOMM to Pasco fire are for a medic
unit to cover simultaneous medical calls in Kennewick and Richland. Building fire staffing assistance
will occasionally request an engine response.
I believe that the City of Pasco will benefit from this agreement. Because of the number of resources
and the urban nature of those resources on the Benton County side, we will probably not respond
there as often as they would respond here. The Benton County agencies currently work under a
staffing agreement of 15 at a house fire and have built dispatch plans that meet that goal primarily
through the use of their own resources.
On some rare occasions, due to call volume,we are asked to fill part of that response. Our
neighboring resources within Franklin and Walla Walla counties are not as"urban" as the SECOMM
agencies and, as such, we will need to utilize the Benton County agencies for much of our support.
An additional benefit occurs when we have a resource shortage, such as our ladder truck out of
service for maintenance.
Our deployment planning could fill our shortage with a unit from another city, particularly on
commercial fire responses.
The possible direct costs to the city may occur if we have to call back to cover staffing because one
of our units is committed to a large fire in Benton County. However, this can occur now under the
"mutual aid" arrangement; it will simply happen faster under the "automatic aid" arrangement
As I said earlier, I believe participating in Automatic Aid with the Benton County agencies is a
positive step for the City of Pasco and its fire department and respectfully request your approval.
INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE
BETWEEN
THE CITY OF KENNEWICK, WASHINGTON
THE CITY OF PASCO, WASHINGTON
THE CITY OF RICHLAND, WASHINGTON
BENTON COUNTY FIRE PROTECTION DISTRICT 1, WASHINGTON
BENTON COUNTY FIRE PROTECTION DISTRICT 2, WASHINGTON
AND
BENTON COUNTY FIRE PROTECTION DISTRICT 4, WASHINGTON
THIS AGREEMENT is made and entered into this day of 2009,
by and between the City of Kennewick, Washington, the City of Pasco, Washington the
City of Richland, Washington, hereafter referred to as the "Cities," Benton County Fire
Protection District #1, Benton County Fire Protection District #2, and Benton County
Fire Protection District #4 hereinafter referred to as the "Districts" and collectively
referred to as the "Fire Agencies." This Agreement is entered into under the provisions
of RCW 39.34, the Interlocal Cooperation Act.
I. Recitals
WHEREAS, the Cities of Kennewick, Pasco and Richland maintain organized and
equipped fire departments and the Benton County Fire Districts #1, #2 and #4 are
organized and equipped, for the benefit of the citizens of their respective jurisdictions;
and
WHEREAS, it is the purpose of the Interlocal Cooperation Act and this Agreement to
permit local governmental organizations to make the most efficient use of their
resources by enabling them to cooperate with other government agencies on the basis
of mutual advantage; thereby providing services and organizing facilities in a manner,
pursuant to appropriate forms of governmental organization, which best fits with
geographic, economic, population, and other factors that influence the needs and
development of local communities; and
WHEREAS, it has been determined by each of the parties hereto that it would be in the
best interests of the citizens of the respective jurisdictions, and of mutual benefit to the
delivery of emergency services, if, in some circumstances, the services of one Fire
Agency be extended outside corporate limits of that city or district into another; and
WHEREAS, the parties hereto desire to enter into an Automatic Aid Response
Agreement, wherein under some circumstances, a fire agency will respond
automatically to an emergency incident within the corporate limits of another; and
INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE— Page 1
WHEREAS, the parties hereto desire to set forth their rights, duties, and responsibilities
with respect to said Automatic Aid Response obligations as allowed by State law; NOW,
THEREFORE,
For and in consideration of the covenants contained herein, performed, and to be
performed, the parties hereto agree as follows:
II. Terms and Conditions
Section 1. The Districts and the Cities, respectively, shall each provide and maintain
suitable commercial general liability and auto liability insurance policies to protect it from
casualty losses by reason of the activities contemplated by this Agreement. The limits of
liability for each coverage shall be at least $5,000,000 each occurrence. Each City and
District shall provide the other with a Certificate of Liability Insurance or Evidence of
Coverage letter.
LIABILITY:
Each Agency shall be responsible for the wrongful or negligent actions of its employees
while perfomning arising out of the performance of this agreement as their respective
liability shall appear under the laws of the State of Washington and/or Federal Law and
this agreement is not intended to diminish or expand such liability.
1. To that end, each Agency promises to hold harmless and release all the other
participating Agencies from any loss, claim or liability arising from or out of the
negligent tortious actions or inactions of its employees, officers and officials.
Such liability shall be apportioned among the parties or other at fault persons or
entities in accordance with the laws of the State of Washington.
2. Nothing herein shall be interpreted to:
2.2 Waive any defense arising out of RCW Title 51.
2.3 Limit the ability of a participant to exercise any right, defense, or remedy
which a party may have with respect to third parties or the officer(s) whose
action or inaction give rise to loss, claim or liability including but not limited
to an assertion that the employee(s) was acting beyond the scope of his
or her employment.
2.4 Cover or require indemnification or payment of any judgment against any
individual, agency for intentionally wrongful conduct outside the scope of
employment of any individual or for any judgment for punitive damages
against any individual, agency. Payment of punitive damage awards,
fines or sanctions shall be the sole responsibility of the individual against
whom said judgment is rendered and/or his or her municipal or county
district employer, should that employer elect to make said payment
voluntarily. This agreement does not require indemnification of any
punitive damage awards or for any order imposing fines or sanctions.
INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE — Page 2
Section 2. The Districts and Cities hereunder shall maintain suitable workmen's
compensation coverage for its own employees without cost to the other parties to this
Agreement, and the Districts and Cities shall pay their own personnel, without cost to
the other party.
Section 3. Each of the parties hereto shall be fully responsible for all repairs,
maintenance, and upkeep of all equipment in use pursuant to this Agreement, while
said equipment is used outside of its geographical boundaries, said repair, upkeep and
maintenance to include gas, oil, lubrication, parts replacement, and repair of casualty
damage.
Section 4. It is understood and agreed by and between the parties hereto that every
effort should be made to become familiar with each other's equipment and only use and
operate equipment they have been trained on.
Section 5. It is further understood and agreed by and between the parties hereto that
the deployment of Fire Agency resources will be done following a pre-determined and
agreed method utilizing the most current Computer Aided Dispatch (CAD) methodology.
Section 6. It is further understood and agreed by and between the parties hereto that
the service mutually agreed to be rendered pursuant to this Agreement shall be Fire,
Rescue, and Emergency Medical Services.
Section 7. The availability of resources is dependent on many factors and this
Agreement will not bind any party to provide services to another in a manner that
causes undue risk to the safety of the citizens of the Cities or the Districts, or the
employees of the Fire Agencies. The intent of this Agreement is to increase the overall
safety to the citizens of the Cities and the Districts, and the employees of the Fire
Agencies, through the pre-planned and coordinated sharing of available resources.
Section 8. It is further understood and agreed by and between the parties hereto that,
for the purposes of liaison and the administration of this Agreement, there is hereby
delegated the authority to the Fire Chiefs of each of the parties to jointly form an
administrative board for carrying out this Agreement. It is also understood and agreed
that responsibility may be delegated to agents or employees of the respective fire
Agencies to develop and implement deployment plans that meet the intent of this
Agreement. Each party to this Agreement shall appoint members to this deployment
planning group who are familiar with the process of Computer Aided Dispatch and that
each party shall furnish the administrative board, in writing, the names and rank of all
participating members.
Section 9. It is further understood and agreed that the most senior firefighter or officer
of the first arriving unit will assume command of the incident until relieved by an officer
from the jurisdiction having authority. It is recognized that in some situations, an agency
may be confronted with an incident for which a more qualified incident commander is
INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE — Page 3
available from another party to this Agreement. In those situations the senior officer
from the host jurisdiction may delegate authority to a more qualified individual to
command the incident.
Section 10. It is understood and agreed by and between the parties hereto that this
Agreement is made with the understanding that no charges will be assessed directly to
any of the other parties to this Agreement for services in their primary service area.
Section 11. It is also understood that parties to this Agreement provide services to areas
within or adjacent to the jurisdiction in which fees for services are charged (i.e. federal
jurisdiction lands). When other parties to this Agreement provide services to those
areas, the party responsible for serving those areas agrees to reimburse the other
agencies for their services.
Section 12. Refusal to provide services to areas under separate contracts or
agreements by a party to this Agreement will not void this Agreement for other areas.
Section 13. Safe and successful implementation of this Agreement is dependent on
training and familiarization between the parties to this Agreement. To facilitate these
needs, the administrative board will delegate responsibility to a training and equipment
officer group comprised of members from each of the participating agencies.
Section 14. This Agreement shall become effective thirty (30) days after being signed
and shall remain in full force and effect for one year from the first date indicated above
and shall be automatically renewed from year-to-year by the parties hereto, after an
annual review, unless terminated. A fire agency may withdraw from this agreement by
providing 90 days written notice of its intent to withdraw to the other fire agencies. If all
fire agencies withdraw except one, the agreement is terminated.
Section 15. Severability. If any provision of this Agreement or its application is held
invalid, the remainder of the Agreement or the applications of the remainder of the
Agreement shall not be affected.
INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE — Page 4
IN WITNESS WHEREOF the parties have hereunto placed their hands and seals on the
day and year first indicated.
CITY OF KENNEWICK Approved as to Form:
By:
ROBERT R. HAMMOND, City Manager LISA BEATON, City Attorney
Date:
CITY OF PASCO Approved as to Form:
By:
Gary Crutchfield, City Manager Lee Kerr, City Attorney
Date:
CITY OF RICHLAND Approved as to Form:
By:
CYNTHIA JOHNSON, City Manager THOMAS O. LAMPSON, City Attorney
Date:
BENTON COUNTY FIRE DISTRICT #1 Approved as to Form:
By:
Chair ATTORNEY FOR FIRE DISTRICT#1
Board of Fire Commissioners
Date:
BENTON COUNTY FIRE DISTRICT #2 Approved as to Form:
INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE -- Page 5
By:
Chair ATTORNEY FOR FIRE DISTRICT #2
Board of Fire Commissioners
Date:
BENTON COUNTY FIRE DISTRICT #4 Approved as to Form:
By:
Chair ATTORNEY FOR FIRE DISTRICT #4
Board of Fire Commissioners
INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE -- Page 6
AGENDA REPORT
FOR: City Council June 16, 2009
TO: Gary Crutchfiel t anager
FROM: Stan Strebel, dministrat' ommunity Workshop Mtg.: 6/22/09
Services Director �% Regular Mtg.: 716/09
SUBJECT: Addition of Wade Park area(Road 54 to Blue Bridge)
To Levee 12-1 Lease
I. REFERENCE(S):
1. June 6, 2009 Corps of Engineers letter
2. Proposed Lease Amendment
3. Vicinity Photo—Road 54 to US 395 (Blue Bridge)
II. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS:
6122: Discussion
716: Motion: I move to approve Amendment No. 3 to Department of the Army
Lease (Levee 12-1, Pasco Boat Basin) and further, authorize the Mayor to sign
the document.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) When Franklin County announced its desire to relinquish the lease for Chiawana
Park a number of years ago, it also included its intent to relinquish the lease for
Wade Park and the levee area from Road 39 to the Blue Bridge. At the time, the
County was in the process of securing grant funding for the Road 54 Boat Launch
and agreed to maintain the lease through the completion of construction for that
project. The City has maintained the turf at Wade Park since it was installed in
1998 and agreed to assume the lease responsibility for the area upon
relinquishment by the County.
B) The City and the Corps of Engineers (COE) executed a 50 year lease agreement
for Levee 12-1 (Blue Bridge to Cable Bridge) and the Pasco Boat Basin in 2004.
In 2008 that lease was amended to include parts of the levee east of the Cable
Bridge.
C) The COE has prepared an amendment to the City's existing lease of Levee 12-1 to
include the area formerly leased by the County(Road 54 to Blue Bridge).
D) Staff recommends approval of the lease.
4(f)
\� \` DEPARTMENT OF THE ARMY
WALLA WALLA DISTRICT,CORPS OF ENGINEERS
201 NORTH THIRD AVENUE
WALLA WALLA WA 993621876 PASCO CITY HALL
REPLY TO PECEIWED
ATTENTION OF
June 3, 2009 �u
i t Vii° ,a z
Real Estate Division CITY IVIANAGEWS
OFFICE
Subject: Department of the Army Lease No. W912EF-1-04-13, City of Pasco, McNary
Lock and Dam
Mr. Gary Crutchfield, City Manager
City of Pasco
PO Box 293
Pasco, WA 99301
Dear Mr. Crutchfield:
Enclosed for review and acceptance by the city of Pasco are two copies of
Amendment No. 3 to the subject lease. The amendment adds to the lease premises the
area extending from Wade Park downriver to the U.S. 395 bridge.
Please review the amendment carefully. If you find the amendment agreeable,
please have Pasco Mayor Joyce Olson sign and date both copies at page 2 and have
both certificates of authority completed at page 3. Also, Exhibit "0" requires a signature
at the appropriate statement in the grantee section at the two green tabs.
When all signatures have been obtained, please return both copies to me at the
above address for execution by the government. An original fully executed copy will be
returned to the city of Pasco for its use and record.
If there are any questions, please call me at 509-527-7324. You can also contact
me by e-mail at Paul.S.Shampine @usace.army.mit.
Sincerely,
Paul Shampine
Realty Specialist
Enclosures
AMENDMENT NO. 3, DEPARTMENT OF THE ARMY
LEASE NO. W912EF-1-04-13
TO THE CITY OF PASCO, WASHINGTON
FOR PUBLIC PARK AND RECREATIONAL PURPOSES
Levee 12-1, The Pasco Boat Basin
on
McNary Lock and Dam Project
Franklin County, Washington
WHEREAS, on March 26, 2004, the City of Pasco, Washington, Lessee,
leased the premises indicated in Exhibit B of said lease for public park and
recreation purposes; and
WHEREAS, on October 7, 2005, Amendment No. 1 of the lease removed the
12-1 pond from the premises, and
WHEREAS, on March 5, 2008, Amendment No. 2 of the lease added Tracts
XX-3452, XX-3451 and the remainder of Tract XX-3460, said remainder not
included in the premises of the original lease; and
WHEREAS, the Lessee has requested an addition to the premises including
that portion of Tract XX-3478 not originally leased and Tracts XX-3479, XX-3481,
XX-3482, XX-3501, XX-3502, XX-3503, XX-3504. XX-3506, XX-3507, XX-3508,
XX-3509, XX-3511, XX-3512, XX-3513, XX-3514, XX-3516, XX-3517, XX-3518,
XX-3519, XX-3522, XX-3526, XX-3527, XX-3528, XX-3530, XX-3584 and
XX-3628; and
WHEREAS, the requested amendment to the lease will not conflict or
interfere with nor adversely affect the operation of the McNary Lock and Dam
Project for its authorized purposes;
1
NOW THEREFORE, effective on the date of execution of this Amendment by
the Acting Chief, Real Estate Division, Walla Walla District, Corps of Engineers,
Department of the Army Lease W912EF-1-04-13 is hereby modified in the
following particulars, but in no others:
1. Exhibit M, attached hereto and made a part hereof, illustrates the area added
to the premises by Amendment No. 3.
2. Exhibit N, the amended inventory and condition report, attached hereto and
made a part hereof, reflects addition of real property improvements at the Road
54 boat launch area.
3. In accordance with Financial Accounting Standard 13 (FAS 13), and by
accepting this lease amendment, the Lessee accepts financial accountability of
the following real property improvements: road, upper parking lot, lower parking
lot, boat dock and boat ramp. Financial documentation for the real property
improvements will be provided to the Lessee under separate cover at the time of
execution of this amendment by the government.
4. The Environmental Baseline Study for the additional area to be added to the
premises is attached hereto and made a part hereof as Exhibit O.
In all other respects, the covenants, provisions and conditions of said lease shall
remain in full force and effect.
IN WITNESS WHEREOF I have hereunto set my hand by authority of the
Secretary of the Army this day of , 2009.
RODNEY HUFFMAN
Acting Chief, Real Estate Division
Walla Walla District, Corps of Engineers
This Amendment to Department of the Army Lease No. W912EF-1-04-13 is also
executed by the Lessee this day of , 2009.
JOYCE OLSON
Mayor
City of Pasco, Washington
2
CERTIFICATE OF AUTHORITY
I , certify that I am the of
THE CITY OF PASCO, WASHINGTON, that
who signed the foregoing instrument on behalf of the grantee, was then
of
I further certify that the said officer was acting within the scope of powers
delegated to this officer by the governing body of the Lessee in executing said
instrument.
Date
(signature)
ACKNOWLEDGMENT
STATE OF WASHINGTON
. ss
COUNTY OF WALLA WALLA)
On this day of , before me the
undersigned Notary Public, personally appeared RODNEY HUFFMAN, Acting
Chief, Real Estate Division, U.S. Army Engineer District, Walla Walla,
Washington, known to me to be the person described in the foregoing
instrument, who acknowledged that he executed the same in the capacity therein
stated and for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
My Commission Expires:
(seal)
3
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gA, 0 .PASCO-KENNEWICK
MOWAY BRIDGE
t42-ae:tee eenlyad sa State of YfaBhingten.-Franklin Courtly by
�Gy O.C.Q.dated 3 June 65,of.vhich 642 ac.are an tRis shoal(see
�' RL also Sts.-VV")resery(nq ta'the V.S.o prrrpetual'Flexage Este.
w4� <�. ,rte .y 318,II1.Oa ment to devalloo 340'M.S-L:(R01oe:'Coetract DA45-1,64-E4g-130)
4t E.i,i49,Sb0.! (Nrllao XX3474)
0.10 acres.fie'.aarweye446 Glenn CLee by Q.C.D:.did.'22 Sspt;1964,
h 82chaege for Tr X X34 2:,See Will
NOR Eft"SU130 v)SION.-
ExhibltM1
AMENDED INVENTORY AND CONDITION REPORT
INSTRUMENT: Lease No. W912EF-1-04-13
TERM: Fifty (50) Years, Expiring March 23, 2054
GRANTOR: Department of the Army , Corps of Engineers
GRANTEE: City of Pasco, Washington
This Amended Inventory and Condition Report which shall be attached to and
become a part of the above-described lease is agreeable to both parties hereto
as reflecting the condition of the listed property at the time custody was assumed
by the lessee and as covered by said lease.
ACRUT
asc o, Washington
Date:
RODNEY HUFFMAN
Acting Chief, Real Estate Division
Walla Walla District
US Army Corps of Engineers
Date:
Exhibit N
ROAD 54 BOAT LAUNCH
QUANTITY ITEM & DESCRIPTION CONDITION
1 Entrance Road Good
1 Upper Parking Lot Good
1 Lower Parking Lot Good
1 Boat Handling Dock Good
1 Boat Launching Ramp Good
ENVIRONMENTAL BASELINE STUDY
FOR
PROPERTY INSPECTION AND RECORDS EXAMINATION
(EBS)
RECOMMENDATIONS:
X ACQUIRE/DISPOSE/TRANSFER/OUTGRANT PROPERTY AS IS
ACQUIRE/D IS P OSE/TRANSFER/OUTG RANT PROPERTY WITH
CLEANUP OF SOLID WASTE
ACQUIRE/DISPOSEITRANSFER/OUTGRANT PROPERTY WITH
CLEANUP OF HAZARDOUS MATERIAL
OBTAIN PHASE I/PHASE II ENVIRONMENTAL AUDIT
Exhibit 0
PROPERTY INSPECTION CHECK LIST
FOR
ENVIRONMENTAL BASELINE STUDY
(EBS)
Project Name: McNary Lock and Dam Project
Site Name: Franklin County WRDA Lease No. W912EF-1-04-12, Road 54 to Road 39 &
Road 39 to US 395 Bridge
Legal Description: Portion of Sections 25, 26 and 27, Township 9 North, Range 29 East.
Government Tract Nos.: XX-3479, XX-3482, XX-3481, XX-3501, XX-3502, XX-3503, XX-3504,
XX-3506, XX-3507, XX-3508, XX-3509, XX-3511, XX-3512, XX-3513, XX-3514, XX-3616,
XX-3518, XX-3517, XX-3519, XX-3522, XX-3526, XX-3527, XX-3528, XX-3628, XX-3530,
XX-3584, XX-3529
I. Environmental Conditions Observed:
NO J YES
a. X J Suspect/UnusualOdors
b. X { Discolored Soil or Waste
c_ X ( Discoloration of Water
d. { X Distressed/Dead/Unusual Lack of Vegetation
e. X ( Abnormal Mounding
f. X J Area(s) of Depression
g. X Other:
li. Other Observed Features:
NO YES
a. J X Building/Structures (Active or Abandoned)
b. X Suspected Asbestos
C. X Above Ground or Underground Storage Tanks
d. X { Landfills
e. X J Surface Impoundments
f. X Underground Injection Wells
g. X Drums/Containers/Hazardous Material Storage Areas
h. X J Lagoons (Wastewater or Hazardous Waste)
i. X Incinerator
j. X Waste Piles/Disposal Sites/Pools of Liquid
k. X ( Oil-filled Electrical Equipment/Transformers
I. X Standpipes, Vent Pipes, Etc., Coming out of the Ground
M. X { Unexploded Ordnance
n. X { lndustriai/Commercial Facilities
o. X { Wastewater Treatment Plant
p. { X Discharges to Surface Waters or Drainage Ditches
J Type: See further explanations, page 6.
q. X J Potential Environmental/Agricultural Problems on Adjacent Land
r. X Access (road, trails, etc.)
S. J X Telephone/Power/Pipe Lines
t. X ( Mining/Logging/Grazing Activity
U. X J Sick or Dead Wildlife or Domestic Animals
V. X J Other:
PROPERTY INSPECTION CHECKLIST- PAGE 2:
Site Name: Franklin County WRDA Lease No. W912EF-1-04-12, Road 54 to Road 39 &
Road 39 to US 395 Bridge
Further Explanations Shall Be Noted on Exhibit "A" if Items under I and II are Checked yes.
Prior Owners Name Date Deed bk, page)
Tract XX-3479, Harry Linden, et ux March 6, 1952 Vol. 76, Pg. 121, Records of
Franklin County, WA
Tract XX-3482, Glenn C. Lee, et ux September 22, Exchange
1964
Tract XX-3481, Glenn C. Lee, et ux Aril 18, 1955 Civil 606
Tract XX-3501, Harold S. Foskett, et ux June 29, 1953 Vol. 78, Pg. 162, Records of
Franklin County, WA
Tract XX-3502, John Honrigan, et ux December 10, Vol. 76, Page 464, Records of
1951 Franklin County, WA
Tract XX-3503, Wallace W. Preston, et April 18, 1955 Civil 606
ux
Tract XX-3504, Glenn C. Lee, et ux Aril 18, 1955 Civil 606
Tract XX-3506, J.E. Saylor, et ux May 8, 1952 Vol. 78, Pg. 171, Records of
Franklin County, WA
Tract XX-3507, Harold E. Olsen et ux June 20, 1952 Vol. 78, Pg. 401, Records of
Franklin County, WA
Tract XX-3508, Ursula Williams June 24, 1952 Vol. 78, Pg. 392, Records of
Franklin County, WA
Tract XX-3509, I.G. McCarthy, et at Aril 18, 1955 Civil 606
Tract XX-3511, L. C. Haystad, et ux Aril 18, 1955 Civil 606
Tract XX-3512, Fred C. Klopfenstiein, et October 15, Civil 693
ux 1953
Tract XX-3513, J.C. Bailie et ux June 24, 1955 Civil 693
Tract XX-3514, K.W. Casey, et ux November 30, Vol. 76, Pg_ 417, Records of
1951 Franklin County, WA
Tract XX-3516, Lon D. Lee per, et ux Aril 18, 1955 Civil 606
Tract XX-3518, J. David Clancy, et ux December 20, Vol. 76, Pg. 506, Records of
1951 Franklin County, WA
Tract XX-3517, William F. Luhman, et ux December 3, Vol. 76, Pg. 421, Records of
1951 Franklin County, WA
Tract XX-3519, J. David Clancy, et ux December 20, Vol. 76, Pg. 506, Records of
1951 Franklin County, WA
Tract XX-3522, Josephine Wade, et at Aril 1$ 1955 Civil 606
Tract XX-3526, Lloyd Johnson, et ux December 3, Vol. 76, Pg. 427, Records of
1951 Franklin Coun , WA
Tract XX-3527, Floyd D. Wagar, et at March 5, 1954 Vol. 77, Pg.186, Records of
Franklin Count
, WA
Tract XX-3528, George C. Swanson January 3, 1952 Doc. No. 141971, Records of
Franklin County, WA
Tract XX-3628, Charles H. Miller, et ux March 12, 1966 Vol. 129, Pg. 12, Records of
Franklin County, WA
Tract XX-3530, Christine J. Erwen January 25, Vol. 128, Pg. 254, Records of
1966 Franklin County, WA
Tract XX-3584, Christine J. Erwen January 25, Vol. 128, Pg. 254, Records of
1966 Franklin County, WA
Tract XX-3529, Grover C. Russell, etux Aril 18, 1955 Civil 606
PROPERTY INSPECTION CHECKLIST - PAGE 3:
lll. Previous Contamination Found:
Petroleum Products
Degreaser/Solvents
Pesticides
Herbicides
Radioactive
Heavy Metals
Organic Chemicals
Ammunition
Underground Storage Tanks
on
Other
Explanation and Date of Any Remedial Action
Taken:
Has an EA or EIS Been Performed/Prepared? YES or
Reconnaissance Sources
Site Visit: FEBRUARY 20, 2009
Public Records MARCH 2, 2009
Interviews {owner, residents, local, State, and Federal Govt., )
Aerial Photos, (USGS, SCS, Tax Office, }
Internal District Records
NO YES
a. Permits
b. Contracts
c. Leases
d. Easements
e. Deeds X
f. Licenses
g. Other
Maps
Other
Note: Discuss Relevant Former Uses on Exhibit "B"
PROPERTY INSPECTION CHECKLIST- PAGE 4:
RECORD EXAMINATION
Based on a record examination, no apparent environmental contamination as referenced in the Code
of Federal Regulations C� F-R.) was present which would indicate that hazardous, toxic, or radiological
waste had been stored, released, or disposed of on the property as of
MO'Ks" jj 14Q_°l
(Date)
Paul Shampine Signed:
Realty Specialist Date: 3�\wn% 140&%
PROPERTY INSPECTION
Based on the attached Property Inspection Checklist, including surface observations only, by the
undersigned, no apparent environmental contamination as referenced in the Code of Federal
Regulations C� F.R.) was present which would indicate that hazardo s, toxic, or radiological waste had
been stored, released, or disposed of on the property as of
_ Dat
Signed: L Heather Humphreys Si g
Environmental Compliance Date: ;-q —pc
Coordinator c
Paul Shampine Signed: 1' y
Realty Specialist Date: q
Real Estate Division
Tim Fife Signed:
Franklin County, WA Date: I/ AL�
County Engineer
REVIEW
Based on the attached Property Inspection Checklist, no apparent environmental contamination as
referenced in the Code of Federal Regulations Cf F.R.) was present which would indicate that
hazardou , toxic, or radiological waste had been stored, released, or disposed of on the property as of
Febry,try 20 Zoo
Date)
Rodney Huffman Signed: W4h4;F1
Chief, Management and Disposal " ✓� Date: „3l Jb Oq
Real Estate Division ✓'
APPROVAL
Based on the attached Property Inspection Checklist, no apparent environmental contamination as
referenced in the Code of Federal Regulations C( F.R.) was present which would indicate that
hazardous, t aox, , or radiological waste had been stored, released, or disposed of on the property as of
l
(Dat e)
Don Redman Signed: CL4LJV_
Walla Walla District Environmental Date: 311'6�
Compliance Coordinator
PROPERTY INSPECTION CHECKLIST — PAGE 5:
**�**,�******x*****,*�*�**�******��, ,�******�x*********�*,�*****x**�****�,��***�*******#�, ►, *«max**��*«
TO:
SUBJECT: Request for Additional Baseline Study,
Based on the attached Property Inspection Checklist, possible environmental
contamination as referenced in the Code of Federal Regulations C.F.R. may exist on the
inspected property. Request that additional Environmental Baseline Study and/or other
documentation be provided.
Date
GRANTEE:
I acknowledge receipt of this Environmental Baseline Study (EBS) and I agree that should I
not concur with the findings contained herein I will document my objections and substantiate
the reasons within 30 days of this day of
Name:
Signed:
Title: Date:
OR
I acknowledge the condition of this property as reflected in this Environmental Baseline Study
(EBS) this ��r�+ day of `ju,vt Z
Name:
Signed:
Title: ; Date:
PROPERTY INSPECTION CHECKLIST - PAGE 6:
FURTHER EXPLANATIONS FOR ITEMS I AND Ii
I.d.: Felied tree present at private dock near Road 39.
ll.a.: Boat ramp, dock, parking lot, trail, benches, concrete pads, private permitted
docks present.
II.p.: Surface Waters or Drainage Ditches Type: Stormwater drain at top of boat ramp.
Il.r.: Access roads for ingress/egress present.
II.s.: Light poles, electrical lines, irrigation system present.
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