Loading...
HomeMy WebLinkAbout2009.12.14 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. December 14, 2009 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) 2009 Budget Supplement: 1. Agenda Report from Gretchen Conner, Interim Financial Services Manager dated December 4,2009. 2. Proposed Ordinance Amending the 2009 Operating Budget. 3. Proposed Ordinance Amending the 2009 Capital Improvements Projects Budget. 4. Proposed Resolution Authorizing the Interfund Loans. 5. Memorandum from Interim Finance Manager to the City Manager. 6. Exhibit 1 -2009 Budget Supplement Worksheet. (b) Professional Services Agreement - Boat .Basin/Tank Farm Area Flan (MF #INF009- 100): 1. Agenda Report from Jeffrey Adams, Associate City Planner dated Dcecmbcr 14, 2009. 2. Vicinity Map. 3. Interlocal Agreement between the Port and the City dated March 2009. 4. Professional Services Agrcement for Boat Basin/Tank farm Area Plan. (c) Code Amendment: Recreational Vehicles and Mobile Home Parks (MF#CA09-003): 1. Agenda Report from David 1. McDonald,City Planner dated December 9,2009. 2. Proposed Ordinance. 3. Memo to the Planning Commission dated 11/19/09. 4. Planning Commission Minutes dated 10/15/09 and 11/19/09. (d) Interlocal Agreement for Tri-City Metro Drug Task Force: 1. Agenda Report from Gary Crutchfield, City Manager dated December 10, 2009. 2. Proposed Interlocal Agreement. (e) Appointment of Municipal Court Judge: 1. Agenda Report from Gary Crutchfield,City Manager dated December 9,2009. 2. Proposed Resolution. (f) 2010 COLA for Non-Represented Employees; 1. Agenda Report from Lynne Jackson,Human Resources Manager dated December 7, 2009. 2. Proposed Ordinance, Non-Represented,Non-Management Wage Plan. 3, Proposed Ordinance, Management Salary Plan. (g) Disposal of Surplus Property: 1. Agenda Report from Debbie Clark,City Clerk dated December 8,2009. 2. Memorandum from David Renzelman,Crime Specialist/Evidence Technician. 3. Proposed Resolution. (h) Surplus Fire Department Vehicle: 1, Agenda Report from Debbie Clark,City Clerk dated December 3, 2009. 2. Correspondence from Chief Gear, Pasco Fire Department. 3. Proposed Resolution. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) Workshop Meeting 2 December 14,2009 6. EXECUTIVE SESSION: (a) IN (c) 7. ADJOURNMENT REMINDERS: 1. 11:45 a.m., Monday, December 14, Pasco Red Lion — Pasco Chamber of Commerce Luncheon Meeting. ("Winter Social") 2. 5.30 p.m., Wednesday, December 16, TRAC — Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YFNNEY, Alt.) 3. 7:30 a.m., Thursday, December 17, 7130 W. Grandridge Blvd — Tri-Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 4. 12:00 p.m., Thursday, December 17, 515 W. Clark Street — Pasco Downtown Development Association Beard Meeting. (C0TTNCIL.MEMBER AL YENNEY, Rep,; MATT WATKTNS, Alt,) 5. 3:30 p.m., Thursday, December 17, 7130 W. Grandridge Blvd — TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON,Rep.; TOM LARSEN, Alt.) 6. 11;30 a.m., Friday, December 18, Sandberg Event Center—Renton-Franklin Council of Governments Board Meeting. (MAYOR JOYCE OLSON, Rep.; COUNCILMEMBER BOB HOFFMANN,Alt.) FROM: Gretchen Connir, Interim Financial Ser s Manager SUBJECT: 2009 BUDGET SUPPLEMENT I. REFERENCE(S): A) Proposed ordinance amending the 2009 Operating Budget, B) Proposed ordinance amending the 2009 Capital Improvements Projects Budget. C) Proposed resolution authorizing the Interfund Loans. D) Memorandum from Interim Finance Manager to the City Manager. E) Exhibit 1 — 2009 Budget Supplement Worksheet U. ACTION REQUESTED OF COUNCILISTAFF RECOMMENDATIONS: A) Discussion - December 14, 2009 B) Conduct Public Hearing - December 21, 2009 C) MOTION: I move to adopt Ordinance No. amending the 2009 Operating Budget by providing a Supplement thereto in the amount of$421,500 and to authorize the publication by summary only. D) MOTION: I move to adopt Ordinance No. amending the 2009 Capital Improvements Budget by providing a Supplement thereto in the amount of$385,250 and to authorize the publication by summary only. E) MOTION: I move to approve Resolution No. , authorizing temporary inter- fund loans from the General Fund to the Arterial Street Fund, the Community Development Block Grant Fund, the ML King Community Center Fund, the Ambulance Services Fund, and the Stadium Convention Center Fund in the total amount of$1,206,000. III. FISCAL IMPACT: Per attached Exhibit 1 --2009 Budget Supplement Summary IV. HISTORY AND FACTS BRIEF: The items recommended to be included in the Supplemental Budget are for expenditures that were unanticipated or indeterminable at the time of the 2009 Budget preparation. Resources for the expenditures are: 1. Unanticipated revenue 2. Contributions from active funds 3. Ending fund balances V. DISCUSSION: Please see attached memo from the Interim Financial Services Manager to the City Manager. VI. OTHER COMMENTS: 4(a) ORDINANCE NO. AN ORDINANCE AMENDING THE 2009 ANNUAL OPERATING BUDGET OF THE CITY OF PASCO BY PROVIDING SUPPLEMENT THERETO; BY APPROPRIATING REVENUE RECEIVED IN EXCESS OF ESTIMATED REVENUES FOR THE CURRENT YEAR AND BY PROVIDING TRANSFERS AND ADJUSTAIENT AUTHORITY. WHEREAS, staff has identified the need to make certain revisions to the 2009 Annual Operating Budget originally adopted through Ordinance No, 3892 on December 15,2008,and WHEREAS,a Public Hearing has been held subsequent to due notice,and the City Council has, after consideration,deemed the proposed Supplement to the Annual Operating Budget necessary and appropriate; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON,DO ORDAIN AS FOLLOWS: §1. Pursuant to RCW 35A.33.120,the 2009 Operating Budget be and the same is hereby amended to provide for the following adjustments to revenue and expenditures,and by providing authority for any necessary transfer of money within or between funds as indicated. FUND REVENUE EXPENDITURE City Street Fund $40,000 $40,000 Arterial Street Fund 204,400 204,400 ML King Community Center Fund 20,900 20,900 Senior Center Fund 4,500 4,500 TRAC Development and Operating Fund 151,700 151,700 TOTAL $ 421,500 $ 42..1,500 The above items are shown as revenues and appropriations to specific budgets and items within budgets in the attachment marked"Exhibit I -2009 Budget Supplement'the Expenditure/Revenue detail,which is incorporated herein as though fully set forth. §2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds forthe said uses and purposes as shown above and in the Exhibit and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provisions of this Ordinance. §3. This ordinance shall take effect five(5)days after passage and publication. PASSED by the City Council of the City of Pasco,at its regular meeting on December 21,2009, Joyce Olson,Mayor APPROVED AS TO FORM: ATTEST: Debra Clark,City Clerk Leland B.Kerr,City Attorney ORDINANCE NO. AN ORDINANCE RELATING TO SUPPLEMENTAL CAPITAL IMPROVEMENT PROJECTS BUDGET FOR THE YEAR 2009. WHEREAS, on December 15,2008,the City Council passed Ordinance No. 3893, an Ordinance adopting the City of Pasco Capital Improvements Projects Budget for the year 2009; and WHEREAS,during the year 2009 additional capital improvement expenditures became necessary that were unanticipated and a need exists requiring a Supplement to provide for such expenditure authority, and, WHEREAS,a Public Hearing has been held subsequent to due notice,and the City Council has, after consideration,deemed the proposed Supplement to the Capital Improvements Projects Budget necessary and appropriate;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON, DO ORDAIN AS FOLLOWS: §1. The following capital improvements projec hereby athorized as detailed below: Current Increase in Total New PROJECTS Authority Authority _Authority Reconstruct Alley Approaches $ 70,000 $ 8,750 78,750 Library Remodel 150,000 26,500 176,500 Memorial Pool Slides 3,100,000 350,000 3,450,000 TOTAL $3,320,000 $385,250 $3,705,250 §2. This ordinance shall take effect five(5)days after passage and publication. PASSED by the City Council of the City of Pasco, at its regular meeting on December 21,2009. Joyce Olson, Mayor APPROVED AS TO FORM: ATTEST: Debra Clark, City Cleric Leland B. Kerr,City Attorney RESOLUTION NO. A RESOLUTION AUTHORIZING INTERFUND LOANS FROM THE GENERAL FUND TO THE ARTERIAL STREET FUND, COMMUNITY DEVELOPMENT BLOCK GRANT FUND, ML KING COMMUNITY CENTER FUND, THE AMBULANCE SERVICES FUND, AND THE STADIUM CONVENTION CENTER FUND IN THE TOTAL SUM OF $1,206,000 WHEREAS, the City Council of the City of Pasco has, pursuant to RCW 35.33.121, found that it is in the best interest of the City to lend funds from the General Fund to the Arterial Street Fund,the Community Development Block Grant Fund, the ML King Community Center Fund, the Ambulance Services Fund, and the Stadium Convention Center Fund and to provide for the repayment thereof, and NOW, THEREFORE, THE CITY OF PASCO, WASHINGTON HEREBY RESOLVES AS FOLLOWS: 1. Authorization for loan. The Interim Finance Manager of the City of Pasco is hereby authorized and directed to make the following loans from the City of Pasco General Fund; (A)To the Arterial Street Fund in the sum of$1,000,000; (B)To the Community Development Block Grant Fund in the sum of$165,000; (C)To the ML King Community Center Fund in the sum of$4,000; (D)To the Ambulance Services Fund in the sum of$22,000; and, (E) To the Stadium Convention Center Fund in the sum of$15,000 2. Terms and Memorialization. The effective dates of the loans shall be December 31, 2009 and shall be due and payable on January 1, 2010, 1 day later. Such loans shall bear no interest. This resolution shall constitute memorialization of these loans and their terms. PASSED by the City Council of the City of Pasco, Washington, this 21 st day of December 2009. SIGNED in authentication of its passage this 21st`h day of December, 2009. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney 2009 Operating & Capital Budget Supplement Memorandum Date: December 4, 2009 To: Gary Crutchfield, City Manager Rick Terway, Administrative & Community Sery cis Director From: Gretchen Conner, Interim Financial Services ager Subject: 2009 OPERATING AND CAPITAL LNI VROVEMENTS PROJECTS BUDGET SUPPLEMENT As is traditionally the case, a budget supplement is required to increase the legal spending authority for those items unanticipated or indeterminable at the time the 2009 Annual Operating and Capital Improvements Projects Budgets were adopted. 2009 OPERATING BUDGET SUPPLEMENT Resources for the 2009 Operating Budget Supplement will be unanticipated revenue, contributions from active funds, and beginning and ending fund balances. The budget supplement ordinance will only list those funds that will actually increase revenue and/or expenditure amounts. Those funds that are utilizing ending fund balance will not be listed. GENERAL FUND The following departments require additional authority to cover unanticipated expenditures. PIease refer to the attached Exhibit 1 to see the line items affected. 1. The Municipal Court Department requires a supplement of $45,800. The amount is between the Municipal Court Division and Probation Services and is primarily related to mandated expenditures which the court has no control over. Necessary increases in the Municipal Court Division are $15,900 for Court Appointed Attorneys; $22,250 for Interpreters; $2,400 for Judge Pro-Tem; and $2,000 in Postage. In Probation Services, increases are $1,450 in State Industrial and $1,800 in Office Supplies. 2, The Administrative & Community Services Department requires a supplement of$40,000 relating to legal services that are anticipated to exceed the budget by year end, 3. The Community Development Department requires a supplement of$20,000. This increase is in the Permits and Certifications Division and pertains to unanticipated professional services costs related to SAFEbuilt. 4. The Public Works Engineering Division requires a supplement totaling $95,300. Of this amount $63,300 is for increased professional services related to Powerline Road which will be offset by a transfer-in from the Arterial Street Fund - Traffic Impact Fees. The balance consists of$21,000 in salaries and benefits for salaries, overtime and unemployment costs; $5,000 in As-Built Surveying; $1,000 in additional telephone costs; and $5,000 related to the unanticipated replacement of a copier in 2009. 1 2009 Operating & Capital Budget Supplement Memorandum 5. Non-Departmental reflects that a General Fund supplement totaling $201,100 is needed to cover unanticipated as well as authorized but currently unbudgeted expenditures of fund balance for 2009. The Non-Departmental supplement shows Operating Transfers-Out totaling $358,200, and Interfund Loans to other funds totaling $1,206,000. The loans will provide the associated funds with a positive cash balance at year-end and will not accrue any interest as they will be made in December 2009 and repaid in January 2010. The individual funds and the respective transfers or loans are not listed here as they are detailed in the "Other Operating Funds" section of this memorandum. The total amount of the 2009 General Fund's supplemental budget expenditure increases is S1,765,300. This can be covered by reducing the General Fund Ending Fund Balance budget by that same amount. The end result is that no additional budget authority is needed for the General Fund. OTHER OPERATING FUNDS Other operating funds require a supplement of$421,500 which can be covered by a combination of new revenue including transfers-in from other funds and/or a draw-down on Ending Fund Balance in the respective fund. CITY STREET FUND The City Street Fund requires $40,000 in additional spending authority for various Street Fund Line items. In Traffic Control Device Maintenance, $20,000 is needed to cover the cost of thermoplastic for intersections that had not been done in the past years. In Snow and Ice Removal, an increase of$20,000 is needed in salary and benefit line items. The offsetting amount will come from an Operating Transfer from the General Fund. A negative cash balance is not anticipated at this time; therefore, no interfund loan is contemplated in this fund. ARTERIAL STREET FUND The Arterial Street Fund requires $204,400 in additional spending authority. Of this amount, $141,100 pertains to professional services expenditures to CH2M Hill for to the Lewis Street Overpass, and the offset for this will come from the General Fund in the form of an Operating Transfer in to the Arterial Street Fund. To cover professional services costs within the Engineering Division pertaining to Powerline Road, additional spending authority of $63,300 is needed. The offset for this amount will come from Traffic Impact Fees in the Arterial Street Fund, and will be handled as an Operating Transfer to the General Fund. Additionally, the Arterial Street Fund will require a $1,000,000 interfund loan in order for this fund to have positive cash balance at year end. The loan will be repaid in January. This short-term loan results from timing of payments compared to receipt of grant and other State revenues. 2 2009 Operating & Capital Budget Supplement Memorandum COMMUNITY DEVELOPMENT BLOCK GRANT FUND The Community Development Block Grant Fund requires a $165,000 interfund loan in order for the fund to have positive cash balance at year end. The loan will be repaid in January. No increase in the budget is needed. ML KING COMMUNITY CENTER In the MLK Community Center Fund, additional spending authority is needed in the amount of$20,900 for salary and benefits,janitorial services and building repairs and maintenance costs that are anticipated to exceed the adopted budget by year-end. The offsetting amount will come from an Operating Transfer from the General Fund. Also, an interfund loan in the amount of $4,000 is necessary in order for the fund to have positive cash balance at year end. The loan will be repaid in January. AMBULANCE SERVICES FUND A $22,000 interfund loan is needed to provide a positive cash balance at the year end. The loan will be repaid in January. SENIOR CENTER OPERATING FUND An additional $4,500 in spending authority is needed for various Senior Center line items. The offsetting amount will come from an Operating Transfer from the General Fund. TRAC DEVELOPMENT AND OPERATING FUND An additional $151,700 in spending authority is needed this year to cover necessary subsidy payments to TRAC including Pasco's share of any operating losses. This higher amount includes three components: 1) $83,050 in payments in March of this year for settlement of final 2008 operating losses; 2) $25,000 in additional subsidy payments for projected 2009 operating losses, and 3) $43,650 in higher-than- budgeted monthly subsidy amounts for 2009. A final settlement for 2009 operating losses will occur in February or March of 2010; however, the exact amount is not yet known. The offset for the 2009 increase will come in the form of an Operating Transfer from the General Fund. This amount will also provide for a positive cash balance in the fund at year-end. STADIUM AND CONVENTION CENTER FUND An amount of$15,000 is needed in the form of an interfund loan to provide for a positive cash balance in the fund at year-end. The loan will be repaid in January. WATER/SEWER FUND It is important to mention that many line items are expected to exceed budget in this fund; however,the overages are anticipated to be offset with under-expenditures in other line items; therefore, no additional spending authority is contemplated. 3 2009 Operating & Capital Budget Supplement Memorandum 2009 CAPITAL IMPROVEMENT BUDGET SUPPLEMENT During the course of the year some capital improvements projects will exceed their original appropriation; or were not included in the 2009 Capital Improvements Projects Budget; therefore, a supplement to the 2009 Capital Improvements Projects Budget is required. The total amount of increased authority is $385,000. The projects needing additional authority have been reviewed and approved by Council and are as follows; PROJECTS CURRENT INCREASE TOTAL NEW COUNCIL AUTHORITY (DECREASE) AUTHORITY MEETING Reconstruct Alley $ 1, 1120/09 -Approaches #107304 $ 70,000 $ 7,000 $78'750 9/8/09 Library Remodel#608601 $ 150,000 $ 26,500 $ 176,500 6/15109 Memorial Pool Slides $3,100,000 $350,000 $3,450,000 9/21109 #609604 TOTAL 1 $3,320,000 $385,250 $3,705,250 4 EXHIBIT 1 2009 BUDGET SUPPLEMENT SUMMARY GENERAL FUND ` EXPENDITURES REVENUES MUNICIPAL COURT MUNICIPAL COURT D10-120-51250 541011 Court Appointed Attorneys $15,900 010-120-51250 541013 Overtime 2,400 010-120-51250 541015 Misc, Professional Services 22,250 010-120-51250 542020 Personnel Advertising 2,000 PROBATION SERVICES 010-120-52330 521070 State Industrial 1,450 010-120-52330 531090 Misc. OfflcelOper. Supplies 1,800 TOTAL MUNICIPAL COURT 45,800 ADMINISTRATIVE &COMMUNITY SERVICES LEGAL SERVICES 010-410-51520 541010 Legal Services 40,000 TOTAL ADMIN& COMM. SERVICES 40,000 COMMUNITY DEVELOPMENT PERMITS& CERTIFICATIONS 010-505-52420 541090 Misc. Prof. Services 20,000 TOTAL COMMUNITY DEVELOPMENT 20,000 PUBLIC WORKS ENGINEERING PLANS AND SERVICES 010-730-53220 511010 Salaries & Wages 15,000 010-730-53220 512010 Overtime 3,000 010-730-53220 521090 Unemployment 3,000 010-730-53220 541090 Misc. Professional Services 63,300 ' 010-730-53220 541094 As-Built Surveying 5,000 010-730-53220 542010 Telephone 1,000 010-730-53220 564010 Office Equipment 5,000 TOTAL PUBLIC WORKS 95,300 To be offset with an operating transfer in from the Arterial Street Fund- Traffic Impact Fees NON-DEPARTMENTAL EXPENDITURES REVENUES ADDITIONAL 2009 SPENDING AUTHORITY Municipal Court 45,800 Administration and Community Services 40,000 Community Development 20,000 Public Works 95,300 201,100 OPERATING TRANSFERS-OUT 010-905-59700 555010 Operating Transfers Out to City Street Fund 40,000 010-905-59700 555010 Operating Transfers-Out to Arterial Street Fur 141,100 010-905-59700 555010 Operating Transfers-Out to MLK Comm. Ctr. R 20,900 010-905-59700 555010 Operating Transfers-Out to Senior Center Fur 4,500 010-905-59700 555010 Operating Transfers-Out to TRAC Dev. Fund 151,700 358,200 INTERFUND LOANS 010-905-58110 555010 Interfund Loan-Arterial Street Fund 1,000,000 010-905-58110 555010 Interfund Loan-CDBG Fund 165,000 010-905-58110 555010 Interfund Loan-ML King Comm. Ctr. Fund 4,000 010-905-58110 555010 Interfund Loan-Ambulance Services Fund 22,000 010-905-58110 555010 Interfund Loan-Stadium Conv. Ctr. Fund 15,000 1,206,000 010-905-50800 506000 Unreserved Ending Fund Balance (1,765,300) TOTAL GENERAL FUND - OTHER OPERATING FUNDS CITY STREET FUND EXPENDITURES REVENUES TRAFFIC CONTROL DEVICE MAINTENANCE 110-740-54264 531021 Paint& Painting Supplies 20,000 - SNOW AND ICE REMOVAL 110-740-54266 511010 Salaries &Wages 8,000 - 110-740-54266 512010 Overtime 12,000 - 110-000-00000 439730 Operating Transfer In from General Fund - 40,000 TOTAL CITY STREETS FUND 40,000 40,000 ARTERIAL_STREET FUND 120-750-59530 541090 Professional Services 141,100 - 120-000-00000 439730 Operating Transfer In from General Fund - 141,100 120-905-59700 555010 Operating Transfers Out to General Fund 63,300 120-905-50800 506000 Unreserved Ending Fund Balance - 63,300 204,400 204,400 120-000-00000 438110 Interfund Loan - 1,000,000 Loan needed to cover negative cash balance. COMMUNITY DEVELOPMENT BLOCK GRANT FUND 140-000-00000 438110 Interfund Loan - 165,000 Loan needed to cover negative cash balance. ML KING COMMUNITY CENTER FUND EXPENDITURES REVENUES COMMUNITY CENTER 145-440-57550 511010 Salaries&Wages 3,600 - 145-440-57550 511020 Part-Time Wages 5,000 - 145-440-57550 521070 State Industrial 2,000 - 145-440-57550 541050 Janitorial Services 1,500 - 145-440-57550 548020 Repair&Maintenance-Bldg. 8,800 - 145-000-00000 439730 Operating Transfer In from General Fund - 20,900 TOTAL MILK COMMUNITY CENTER FUND 20,900 20,900 145-000-00000 438110 Interfund Loan - 4,000 Loan needed to cover negative cash balance. AMBULANCE SERVICES FUND 150-000-00000 438110 Interfund Loan - 22,000 Loan needed to cover negative cash balance. SENIOR CENTER FUND EXPENDITURES REVENUES ADMINISTRATION 170-411-57610 548020 Repair & Maintenance-Bldg. 4,500 - 170-000-00000 439730 Operating Transfer In from General Fund - 4,500 TOTAL SENIOR CENTER FUND 4,500 4,500 TRAC DEVELOPMENT &OPERATING FUND ADMINISTRATION ig1-961-57541 551020 County Services 151,700 - 191-000-00000 439730 Operating Transfer In from General Fund - 151,700 TOTAL TRAC DEVELOPMENT& OPERATING FUND 151,700 151,700 STADIUM &CONVENTION CENTER FUND 195-000-00000 438110 Interfund Loan - 15,000 Loan needed to cover negative cash balance. TOTAL OTHER FUNDS ADDITIONAL SPENDING AUTHORITY $421,500 $421,500 TOTAL OTHER FUNDS INTERFUND LOANS - $1,206,000 CAPITAL IMPROVEMENTS PROJECTS Current Increase In Total New PROJECTS PROJECT NUMBER Authority Authority Authority Reconstruct Alley Approaches 107304 $70,000 $8,750 $78,750 Library Remodel 608601 150,000 26,500 176,500 Memorial Pool Slides 609604 3,100,000 350,000 3,4 5-0-10-0-0 TOTAL PROJECTS $ 3,320,000 $ 385,250 $ 3,705,250 AGENDA REPORT FOR- City Council December 14, 2009 TO: Gary Crutchfiiel f°Hager Workshop Mtg.: I2/14/09 Rick White, X R.egularMtg.: 12/21/09 Community cot Economic Development Director FROM: Jeffrey B. Adams, Associate City Planner SUBJECT: Makers Professional Services Agreement - Boat Basin/Tank Farm Area Plan (MF#INFO 09-100 1. REFERENCE(S): 1. Vicinity Map 2, Interlocal Agreement between the Port and the City (March 2009) 3. Professional Services Agreement for Boat Basin/Tank Farm Area Plan II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/14: DISCUSSION 12/21: MOT10N: I move to approve the agreement with Makers Architecture and Urban Design for the Boat Basin/Tank Farm Area Plan and authorize the City Manager to sign the agreement. III. FISCAL LVIPACT: $15,000 1V. HISTORY AND FACTS BRIEF: A. City Council approved a Development Agreement for the Port of Pasco in January of 2009. The Development Agreement affects lands within the Big Pasco Industrial Center (BPIC) and sets standards for permitted uses, design, public infrastructure installation, public access to the Columbia shoreline and phasing. B. The City owns (or controls by long-term lease agreement) land immediately west of the affected lands in the BPIC (Boat Basin), as do the owners of a number of private residences. The Port owns land immediately west of these lands (Tanks Farm Remediation Area). C. The residential properties north of the Boat Basin form an isolated residential district within a predominantly industrial area. The Tank Farm properties are undergoing environmental clean-up for petroleum removal. D. In March 2009 the City and the Port entered into an interloeal agreement to share the cost of creating a master plan for the Boat Basin/Tank Farm area. This agreement established the City as the lead in a planning effort for the area with cost sharing on a 30/70 basis ($15,000 City maximum; $35,000 Port maximum). V. DISCUSSION: A. Taken together,the lands described above form the entire contiguous rivershore area west of Sacagawea Park and east of the Cable Bridge. With the Port's Master Plan and approved Development Agreement, there is an opportunity to begin a coordinated planning process for land use, infrastructure and amenity planning for the entire rivershore area east of the Cable Bridge. B. The planning process will include an inventory of the physical conditions of the planning area and a public participation process. It will also include recommendations for preferred land use, infrastructure, capital needs and design guidelines. C. The planning process is expected to be complete by July 1, 2010 and incorporated into the City's Comprehensive Plan. 4(b) Exhibit Vicinity Map Boat Basin Al r' �� `►�\� ��� 14'x► � . s •'l:•'`� '�'� �,,ZN R�i CS 4z `�,���♦�.� ` ��� 1 � � � t ;Zia _41�� • �� �,��.� i.�,� a/Wrn � Ver _� � , INTERLOCAL COOPERATIVE PROJECT AGREEMENT BETWEEN THE PORT OF PASCO AND THE CITY OF PASCO BY THIS I'iVTERLOCAL COOPERA ' VE AGREE T, hereinafter referred to as "Interlocal Agreement," entered into this day of ,2009, the City of Pasco, Washington, a municipal corporation, hereinafter referred to as the "City", and the Port of Pasco, Washington, a municipal corporation, hereinafter referred to as the "Port", enter into the following agreement: WHEREAS, this Interlocal Agreement concerns land use planning and related issues for property located east of the Cable Bridge and adjacent to the Columbia River shoreline, in the City, as shown on Exhibit "A". Portions of this property are owned and controlled by the Port ("Tank Farm"), other portions are owned and controlled by the City and private owners ("Boat Basin"); and WHEREAS, the Port has applied for and received a City shoreline substantial development permit for a proposed Master Plan (SMP 08-001) for the property as shown in Exhibit `B". The approved Master Plan includes a mix of land uses and is divided into four general areas: (1) the Riverfront Business Park; (2) the Expansion Area; (3) the Retention Area; and(4) the Rail/Barge Terminal Area, NOW, THEREFORE, the parties agree as follows: Section L The Port and the City desire to prepare a subarea plan that will include the Boat Basin public and private properties and the Tank Farm area. The subarea planning process is intended to be incorporated into the City's Comprehensive Plan. It is also intended that the subarea plan will functionally incorporate and coordinate elements of the existing Port Master Plan (SMP 08-001) with the Tank Farm and Boat Basin properties. The Port and the City will use their best efforts to complete the subarea planning process in a manner acceptable to both parties within two (2) years from the date of this Interlocal Agreement. Section 2. The subarea planning process will include (at a minimum): a statement of the desired results of the planning process, an inventory of existing physical conditions of the planning area, a public participation component, identification of preferred land use, a transportation (including bicycle and pedestrian facilities) and infrastructure element and a capital facility element that will identify preferred financing options. Additional components (design guidelines, development standards, regulatory and environmental constraints...) are encouraged. Section 3. The Port and the City acknowledge that the planning process will involve the assistance of a planning consultant, and hereby agree to share the costs. The City shall contract with the consultant, and will pay 30% of such costs (not to exceed S15,000.00 total). The Port will pay the remainder, provided the entire cost shall not exceed $50,000.00. The Port shall reimburse the City for its respective share of the cost within thirty (30) days of receipt of an invoice. Section 4. The City and the Port may terminate this Interlocal Agreement by mutual agreement. In the event the Interlocal Agreement is terminated, both the City and the Port will receive an electronic and hard copy of all work conducted up to the termination date, Section 5. This Interlocal Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by the laws of the State of Washington. Venue of any suit between the parties arising out of this Interlocal Agreement shall be the Superior Court for the County of Franklin, State of Washington. Section 6. This Interlocal Agreement may be changed, modified, or amended only upon written agreement executed by the parties. Section 7. It is not intended that a separate legal entity shall be established to conduct the cooperative undertaking nor is the acquiring, or holding, or disposing of real or personal property anticipated. The City Manager and Port Executive Director are designated as the Administrator of the project. Section 8, This Interlocal Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by reference are attached. No other understandings, verbal or otherwise, in regard to the subject matter of this Interlocal Agreement, shall be deemed to exist or to bind any of the parties. Section 9. This Interlocal Agreement shall be filed or placed on the City's and the Port's web sites as provided by RCW 34.34. CITY OF tc4-- � 'Y,�-" Gary Crf/u hfield, CitfMana r Date PORT ( F PASCO G . 3 - , 6 al es E. Toorney, Executive Dire or Date Interlocal Agreement between City of Pasco&Port of Pasco Page 2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as "City", and Makers Architecture and Urban Design, hereinafter referred to as "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide consulting services with respect to developing a master plan for the Boat Basin/Tank Farm Area of Pasco. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Outline of Services that is marked as Exhibit A, attached hereto and incorporated herein by this reference. Any scope of work that references this Agreement shall be considered part of this Agreement when duly executed by the City and the Consultant. The scope of work shall include a list of services to be provided, the times and locations of those services, the Consultant's compensation, and any reimbursements that will be made for equipment and materials provided by the Consultant. In the event of a conflict between the Schedule and this Agreement, the terms of this Agreement shall be controlling. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant are the property of the Consultant, and shall not be considered public records, provided, however, that: a. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. b. The City and the Port of Pasco shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy and/or post any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. a. Payment for work accomplished under the terms of this Agreement shall be as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $50,000 for direct labor costs and expenses. b. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and deliver a final product not later than July 18t, 2010. The Consultant is not responsible for any loss which may be incurred by the City which results in whole or part from delays in delivery of the final work product or other services by the Consultant due to strikes, natural or domestic disasters, computer malfunction or loss, illness, acts of God, or other unforeseen circumstances. S. Hold harmle" aaeement. In performing the work under this contract, Consultant agrees to protect, indemnify and save the City, its officials and employees ("City") harmless from and against any and all injury or damage to the City or its property, and also from and against all claims, demands, and cause of action of every kind and character arising directly or indirectly, or in any way incident to, in connection with, or arising out of work performed by the Consultant, caused by the Consultant, its agent, employees, representatives or subcontractors under the terms hereof. Consultant specifically promises to indemnify the City against claims or suits brought under Title 51 RCW by its employees or subcontractors and waives any immunity that the Consultant may have under that title with respect to, but only to, the City. Consultant further agrees to fully indemnify City from and against any and all costs of defending any such claim or demand to the end that the City is held harmless therefrom. This paragraph shall not apply to damages or claims resulting from the sole negligence of the City. 6. General and Professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $ 00,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as a named insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the professional liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination Prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Con*uftant is an inde endent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. In the event of termination the City owns all work products paid for up to the date of termination. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto as Exhibit A. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 1.3. Non-assignable. The services to he provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. In the event of a dispute regarding the enforcement, breach, default or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and costs. If any term or provision of this Agreement is invalid or is unenforceable, the remainder of the Agreement shall not be affected and will continue in full force. Neither party shall be liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. 16. Notices. Notices to the City of Pasco shall be sent to the following address: City of Pasco P. O. Box 293 Pasco, WA 99301 Notices to the Consultant shall be sent to the following address: Makers Architecture & Urban Design 1904 Third Ave, Suite 725 Seattle, WA 98101 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS th DAY OF 2009 CITY OF PASCO CONSULTANT: By: By: City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney STATE OF WASHINGTON ) jss COUNTY OF ) On this day of r 2009, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: City of Pasco Boat Basin/Tank Farm Master Plan Attachment "A" Proposed Scope of Work December 11, 2009 1. Step 1—Information Gathering & Outreach A. Project kickoff with City and Port Staff B. Background review and base map preparation The Consultant will conduct fieldwork and research to identify key physical information and existing characteristics of the Boat Basin./Tank Farm Subarea, as well as review the Port's Big Pasco Industrial Center Master Plan,the City's Comprehensive Plan, Corridors and Gateways Plan, and Sacagawea Heritage Trail Master Plan. C. Conduct Stakeholder Interviews The Consultant will interview and conduct small meetings with appropriate City departments (City Manager, Parks, Public Works. . .), Port of Pasco, Corps of Engineers, marina operator, and other key interests to identify their concerns and issues related to Boat Basin/Tank Farm redevelopment. The Consultant will provide interview questions to the City so a mail survey can be conducted of each residence within the planning area. D. Community Workshop#1 Visioning: The Consultant will talk to stakeholders and the public about objectives, opportunities, and constraints related to the Boat Basin/Tank Farm area, This workshop will include brainstorming and soliciting information from the public, and talking about what does and doesn't work, E. Identify constraints and advantages for the Boat Basin/Tank Farm Area The Consultant will analyze information gathered during Tasks 1.A through 1..D to identifv the constraints and opportunities of the City of Pasco Boat Basin/Tank Faun Subarea. a. Product: Site Characterization Report; The Consultant will produce a summary of existing conditions which ivill include base maps, illustrations, and graphics depicting identified constraints and opportunities, and a summary offindings related to land use, urban design, access, environment, economy, and utilities in written form. Pasco Boat Basln/Tonk Farm Master Pan Makers Scope or Work 12.03,2009.tlx 1211 t109 2. Step 2—Alternatives Development A. Develop alternatives The Consultant will develop alternatives that address: a. Land Use—including "highest and best"use b. InfLastrllcture and capital facilities needs of the "highest and best" uses c. Access improvements needed to provide appropriate internal circulation d. Visibility and connection to the city park as an underutilized community asset and area amenity e. Access and connectivity of the river-front trail f. Guidelines that include: i. New development bulk and scale ii. Roadway and edge design from both East Ainsworth and the Riverfront Trail iii. Location of parking and service areas iv. Protection and enhancement of views v. Privacy for existing residents vi. Incorporation of sustainable elements, if appropriate vii. Development within shoreline limits B. Conduct Community Workshop#2—Include public in identifying goals and objectives a. The Crnisultant will conduct a workshop with stakeholders and the public to present and validate findings and establish project goals and objectives. h. The following list of elements shall be addressed in the workshop: preferred land use, transportation (including bicycle and pedestrian facilities), infrastructure, capital facilities, design guidelines, development standards, regulatory and environmental constraints. c. Goals may include the following: i. Overcome the railroad and major arterial barriers to provide site connectivity and attract new development Pasco Boa;9asirirank Farm Master Plan Makers Sme of Work 12-03-2009.doc 1241109 ii. Plan for the addition of safe, comfortable, and attractive roadways, sidewalks, trails, and bicycle facilities iii. Improve the aesthetic appeal of the sites, increasing their marketability and enhancing property values C. Present findings to Planning Commission (Workshop) Product: Workshop resultsfPreliminary Plan Alternatives presented to Planning Commission. 3. Step 3— Preferred Alternative& Master Plan A. Develop preferred alternative B. Community Workshop #3 The Consultant will present a PreferTed Alternative Draft to stakeholders and the public setting Priorities for projects and investments, and proposuig budgets. C. Refine preferred alternative D. Draft Boat Basin Master plan a. The Consultant will create a master plan that will increase this area's connectivity, amenities, and identity, that: i. Fits within the City's comprehensive planning framework ii. Connects the Boat Basin/Tank Farm sites to the evolving riverfront iii. Supports the Port's vision for its adjacent properties iv. Coordinates with Boat Basin area residents and marina business v. Builds on the established Boat Basin/Tank Farm area neighborhood and park while attracting new investment vi. Increases the Boat Basin/Tank Fami area's appeal as an attractive place to live, run a business, or recreate. E. Present results to elected officials F. Update and issue final master plan Product: A concise document designed specificallvfor use as an implementation guide. Contents will include visual illustrations (maps, sketches, and diagrams) describing preferred land use, a transportation (including bicycle and pedestrian facilities) an infrastructure element, a capital facility element and other urban design features. Pasco Boat Baq.n7anq Farts Master Plan MaKers Scope of V%I"12.03.2009.COC 12t11l09 PASCO BOAT BASIN I TANK FARM SUBAREA MASTER PLAN November 17, 2009 HOURS Personnel GH Je SK TOTAL Howl Rate: $165 $150 $85 AMOUNT 1 Information& Outreach a Project Kick Off 8 8 8 $3;360 b Background review& base map prep 4 16 $1,960 c Stakeholder interviews 8 8 8 $3,360 d Community workshop#1 2 8 16 $2,930 e Analyze opportunities &constraints; produce Site 2 12 24 $4,210 Characterization Report 2 Altematives Development f Develop alternatives 4 8 , 16 $3,300 g Community workshop#2 g 24 $3,240 h Present findings to elected officials 8 8 16 $4,040 3 Preferred Alternative& Subarea Plan i Develop preferred alternative 2 12 20 $3,870 j Community workshop#3 8 24 $3,240 k Refine preferred alternative 2 ; 4 12 $1,990 I Draft subarea plan a 17 32 $6,010 m Present findings to elected officials 8 8 16 $4,040 n Update and issue final subarea plan 2 4 16 $2,330 50 117 248 $47,880 Expenses:Mileage and Parking(see below) $2..119 Total Fee $49,999 EXPENSES Travel #TVs , $!Trip cost l9�hl &M 210:04 751.111 Mha b 3:00 7.'o-!W 225-04 '.711 1a Palm* 3,00 249.70 7010 Ra roduction Total# Rate Cost Color-&-ii2r x "1'�Flnsl Reportast,ea pares;a wp os) 1$41139 0.W 154.94 Large p4bt r pints(24 k 36 Colo)fx VWrk Sessio" 30.001 8.00 240 110 TOTAL 2.'15.0 ASSUMPTIONS 3 trips to Pasco The City of Pasco is responsible for all scheduling, distribution of deliverables, and consolidation of all review comments 3 copies of the final deliverable plus and electronic copy provided &dgel 111708 Max.11 r 17r2009 , 1 � Step t Report Draft Report Final Report Stakeholder •"- - - - - ---- ----- --�- - - --• Interviews Workshop 1 Workshop 2 Workshop 3 ProjWc Kickoff AGENDA REPORT FOR: City Council December 9, 2009 TO: Gary Crutchfield, ager Workshop M'tg.: 12/14/09 Rick White, V,14 Regular Mtg.: 12/21/09 Community &Eco omie Development Director FROM: David 1. McDonald, City Planner SUBJECT: Code Amendment: Recreational Vehicles and Mobile Home Parks (MF# CA 09-003) I. REFERENCE(S): L Proposed Ordinance 2. Memo to the Planning Commission Dated 11/19/09 3. Planning Commission Minutes Dated 10/15/09 and 11/19/09 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/14: DISCUSSION 12/21: MOTION: I move to adopt Ordinance No. , an Ordinance amending PMC Titles 19 & 25 dealing with locational standards for mobile homes and recreational vehicles and, further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. In 2008 the State Legislature amended State Law to prohibit cities from excluding mobile homes from mobile home parks based on the age or dimensions of the mobile home. The Pasco Municipal Code dealing with mobile homes is in conformance with the new law; however, the local definition for"mobile home" needs to be amended to conform with the State definition. B. State Law was further amended in 2009 to preclude cities from adopting regulations that would prevent the placement of recreational vehicles in mobile homes parks as primary residences. The cun.-ent Pasco Municipal Code prohibits the use of recreational vehicle as primary residences in mobile home parks. C. On October 15, 2009 the Planning Commission held a public hearing to consider amendments necessary to ensure conformance between the Pasco Code and recent changes in State Law. D. 'Following the public hearing and additional deliberations on November 19, 2009, the Planning Commission recommended the City Council adopt the proposed code amendments contained in Reference#l. I. DISCUSSION: A. The proposed code amendment modifies the definition of "mobile homes", "park models", "recreational vehicles" and "primary residence" all in conformance with State Law. 13. While the new State Law prohibits the city from excluding recreational vehicles as primary residences in mobile home parks, it does permit adoption of local safety and sanitation standards. Section 8 of the proposed ordianance contains a number of safety and sanitation standards. C. Following Council review of the proposed code amendment the draft ordinance will be placed on the December 21, 2009 agenda for Council action. 4(c) ORDINANCE NO. AN ORDINANCE relating to zoning and amending PMC Title 19 and 25 dealing with definitions and locational standards for mobile homes and recreational vehicles. WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and ensure that the public health, safety and welfare arc maintained; and, WHEREAS, the Revised Code of Washington (35A,21.312) precludes a city from restricting the location of mobile homes or manufactured homes in mobile home parks or manufactured home communities based on the age or dimension of a mobile home or manufactured home; and, WHEREAS, the Revised Code of Washington (35A.21.312) precludes a city from adopting an ordinance that has the effect, directly or indirectly, of preventing the use of a recreational vehicle as a primary residence in a manufactured/mobile home community except as provided in RCW 35A.21.312 (4); and, WHEREAS, the City Council has determined that to address changes in State law it is necessary to amend PMC Title 25 and Title 19, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 25.12.315 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25,12.315 MOBILE HOME. " e w,a.v 14ara a+.ewuvaa, en ouviau and zYxowaya oin lg., FiF'd11 vAeels� and &' a--ice`+°-rn=is&4-E+"45"a a n ` :.;d 1�.. .i.._ fly.,-.,�rl.-.,u,3� of L .�L..-r- ai�.,,a T,..7,..ar..;e`s and constructed-ta'�tf+i Je [i!'1��r9�EEx'. •�r.An r�nrY-I b.4F by 1S1 15, 19 "Mobile home" means a facto -built dwelling built prior to Tune 15 1976 to standards other than the United States Department of Housing and Urban Development Code and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Section 2. That Chapter 25.69.020 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 1 25.69.020 DEFINITIONS. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words and phrases defined in this section shall have the below indicated meanings; provided that, all definitions, rules and regulations defined herein that are in conflict with provisions of other City ordinances, the provisions of the recreational vehicle park ordinance shall prevail. (1) rr l 4-4 1 Rleaffis e=r ati l—vehicle de ne or-p4eemenl—mn a lion "Park model„ means a recreational vehicle manufactured for permanent or semi-permanent installation and is used as a primary resid nce; JRCW 59.20.030 1141 (2) "Primary Residence"means a recreational vehicle used for dwelling purposes for more than (6) six months of the year.( (3) "Ree- tiena ,: d-4W- nipc?ra�-y wel�ile -ssa Ord - , eaFHPiRg treileFS, trailers, fifth, wheels and tr-avel trailers; tenis are exeluded. A reereational vehiele shail have body wid-t-14 of no-, More than nine (9) fee4 and a body length of no RieFe ihan feFt hen f�eie�y equipped -few. the , "Recreational vehicle" means a travel trailer, motor home, truck camper, or camper trailer that is primarily designed and used as temporary living quarters, is transient and is either self-propelled or mounted on or drawn by another vehicle. (3) (4) "Recreational Vehicle Site" means a plot of ground within a recreational vehicle park intended for temporary location of a recreational vehicle as a dwelling unit; (4} (�) "Recreational Vehicle Park" means a tract or parcel of land upon which two or more recreational vehicle sites are located, for occupancy by recreational vehicles as temporary living quarters for recreation or vacation purposes; (45) U "Sanitary Station or Sanitary Dumping Station" means a facility used for removing and disposing of wastes from recreational vehicle sewage holding tanks; and (6) (7) "Tents" means an enclosed structure of shelter fabricated entirely or in major part of cloth, canvas, plastic or similar material used for recreational or vacation purposes. Section 3. That Section 25.40.020 of the Pasco Municipal Code be and the same is hereby amended to read as follows; 25,40.020 PERMi,rTED USES. The following uses shall be permitted in the RP residential park district: (1) Residential parks which are licensed for the placement of individual residential mobile homes, factory assembled homes, of site-built homes or recreational vehicles occupied as a primary residence within the approved park boundaries and subject to the standards as set forth in this chapter and Title 19; and (2) Community recreation facilities, clubhouse, park office, laundry, storage and similar uses appurtenant to the residential park residents only. Section 4. That Section 25.40.060 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 2 25.40.060 MINIMUM REQUIREMENTS. (1) a 'ty —r etieleit + . A recreational vehicle storage area shall be provided in all residential parks sufficient in size to permit the storage of one RV/boat for every two residential lots; and (2) Development and other minimum requirements for residential parks are provided in Title 19, Section 5. That Section 25.69.040 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.69.040 GENERAL REQUIRF,MF.NTS. (l) No recreational vehicle shall be occupied overnight unless the same is parked inside an approved recreational vehicle park or Residential Park under the provisions of 19.24.080. An exception to this rule may be granted for temporary uses as specified in PMC 10.52.030, subject to strict compliance with the requirements of said section; (2) No recreational vehicle shall be occupied for commercial purposes anywhere in the City of Pasco; except units used for job shacks at commercial construction sites with valid building permits; (3) No recreational vehicle shall be used as a primary residence, eweept fe r unless the recreational vehicle conforms with the requirements provided in 19.24.080. Occupancy i-a a par-k of a recreational vehicle for more than 180 days in any 12-month period shall be conclusively deemed to be permanent occupancy. die , (4) Except portable awnings and screens that are attached to and carried with the recreational vehicle, no external appurtenances, such as carports, cabanas or patios may be attached to any recreational vehicle while it is in a park unless the same are properly permitted and meet all building and safety requirements; (5) No space within a recreational vehicle park ;half be rented for any purpose other than those expressly allowed by this chapter; and (6) No person, company or corporation shall establish or modify a recreational vehicle park without first complying with the provisions of this chapter. Section 6. That Section 19.04.060 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 19.04.060 MOB?LF,—H - _ body i�e� III length Offi. e.9 Nt 1w.r•/+EL_Y13.t_.Rr n'.r4cm • -Y.rrf�-. r�an.rrr,a�r� �•r.�. }n+'.r'.r�rti.rtr+n�.:vn LLi , , air- bf4eafiaR, efl Siree!5 and--hi9L1NVflYS -ffl_1t_9__OVeft-Whee,S OF f4-t ��t er ;ra6Aers and +vnor� t.t Lxx + : . � _p . ♦ i, 1-+: . la ,rey used i � • and having nia-r.axe by the rir.M,4.:R1 mti of Lab ei ...>.d T...:list i eg ...-...7 strue 1 f ...J.tifte 19, 19 "Mobile home" means a factory-built dwelling built Prior to June 15, 1976 to standards other than the United States Department of Housinp, and Urban Development Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. (RCW 59.20.030 (8)) Section 7. That Section 19.04,100 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 3 19.04.100 RECREATIONAL VEHICLE. Repealed. "Recreational vehicle" means a travel trailer, motor home. truck camper, or camping, trailer that is primarily designed and used as temporary living, QMarters, is transient and is either self-propelled or mounted on or drawn by another vehicle. Section 8. That a new Section 19.24.080 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 19.24.080 WJSTA-1 �---STANDARD : Repealer INSTALLATION STANDARDS FOR RECREATIONAL VEHICLES USED AS PRIMARY RESIDENCES. Pursuant to and as authorized by RCW 35A.21.312 recreational vehicles may be permitted as a primary residence in all Residential Parks provided the following fire and safety standards are met: (1) A 3 foot by 3 foot landing must be installed at the main entrance/exit door if more than two steps are require to access the recreational vehicle, (2) For recreational vehicles with internal toilets and showers, water and sewer service connections must be made underneath the recreational vehicle and must be protected by insulated skirting unless it can be demonstrated that water and sewer connections in other locations can be protected from freezing during winter months 3 Sewer drain lines attached to the recreational vehicle must be schedule 40 PVC or of er a proved rigid piping: (4) Holding: tanks must be protected from freezing, (5)No external propane tanks will be pei-miffed wiless the onboard propane tank is disabled and the external tank is fitted with a pressure valve installed by a propane supplier to equal the pressure value rating of the onboard propane tank, (6) External propane tanks must be located out of vehicle pathways or -oarkinp, pads. External propane tanks must be secured to the ground to revent overturning or damage to the line supplying Propane to the recreational vehicle (7) Recreational vehicles without internal toilets or showers may only be permitted in residential Darks where toilet and shower facilities meeting the following standards afgRrovided: (a) no less than one (1) commode. one (1) lavatory and one (1) shower, accessible per the guidelines established by the 'Washington State Barrier Free Code for each gender shall be provided: b restroorn facilities provided for each pender be aroperly identified and shall be connected to the city's water and sewer utility; and (c) for each ten 10 recreational vehicle spaces provided or part thereof, there shall be one 1 additional commode. lavatory and shower provided for each gender, S Any recreational vehicle modified or altered for placement in a residential park without Washington State Department of Labor and Industries approval and permits will not be permitted to be used as a primary residence WAC-296-150R-1000 . Section 9. That Section 19.24.010 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 4 19.24.010 PERMITS REQUIRED. (a) No factory assembled home, e+ mobile home or a recreational vehicle used ;a a grimsry residence shall be constructed or installed within the City until such installation or construction has been authorized by a permit issued by the Building Inspector, except unoccupied factory assembled homes or mobile homes within a factory assembled home/mobile home sales or service lot. (b) It is unlawful for any factory assembled liome,ep-mobile home dealer or recreational vehicle dealer to deliver a factory assembled home., or mobile home or a recreational vehicle to be used as a pfimqU residence to a site within the City until an installation pen-nit has been issued by the City Building Inspector. (c) It is unlawful for the owner or manager of a residential park to allow the installation or construction of a home or recreational vehicle until a permit has been issued by the City Building Inspector or Building Official.. Section 10. That Sub-Section 19.24.040 (7) of the Pasco Municipal Code be and the same is hereby amended to read as follows: (7) Factory assembled homes or mobile homes are to be installed in accordance with specifications of the manufacturer and provisions of Section 19.24.075. The application shall be accompanied by one complete and legible copy of such installation recommendations. Recreational vehicles used as primary residence shall be installed in accordance with PMC 19.24.080. Section 11. That Sub-Section 19.24.060 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 19.24.060 LIMITATIONS OF PERMIT. A placement or construction permit shall be valid only for the installation of the home or recreational_vehicle used as_a.primarr+ residence at the particular location specified within the permit. A new permit shall be required for the installation or construction of a different home or recreational vehicle at the same location or the same home or recreational vehicle at a different location. Section 12. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney 5 MEMORANDUM DATE: November 19, 2008 TO: Planning Commission FROM: Dave McDonald, City Planner SUBJECT: Code Amendment Title 19 & 25 dealinz with RV's and Residential Parks On October 15, 2009 the Planning Commission held a public hearing to consider proposed amendments to Title 19 and Title 25 dealing with mobile homes and recreational vehicles. Action on the proposed amendments was tabled until the November 19th Planning Commission meeting. As explained at the October hearing in 2008 the State Legislature amended the State Law by prohibiting cities from excluding mobile homes or manufactured homes from mobile home parks based on the age or dimensions of a mobile or manufactured home. The Pasco Municipal Code does not restrict the location of mobile or manufactured homes in mobile home parks because of age or dimensions. If a mobile or manufactured home is older than 10 years it must have a life safety inspection performed by the Department of Labor & Industries prior to being issued a Pasco placement permit. The law allows cities to require compliance with fire and safety regulations when considering the issuance of permits for the placement of a manufactured home in a mobile home park. The Pasco Municipal Code is in compliance with State Law; however, our definition for mobile homes includes certain dimensions for both widths and lengths. The State definition does not include dimensions. The attached code amendment modifies the Pasco definition for mobile homes to conform with the State definition. The State Law dealing with mobile home parks was further amended in 2009 to preclude cities from adopting regulations that would directly or indirectly prevent the placement of a recreational vehicle in mobile home parks to be used as a primary residence. The State law however does permit cities to develop safety and other regulations related to the use of an RV as a primary dwelling unit in mobile home parks. During the October hearing the Planning Commission considered a number of fire and safety options for imposition on RV's used a primary residences in mobile home parks. Those options have been reviewed by the city's legislative consultant and as a result the consultant recommended the city focus placement standards for RV's around the areas of sanitation and hygiene as emphasized in the State Lain. Accordingly staff has modified the proposed code amendments to focus on those areas emphasized in the law. t Findings to support the adoption of the proposed ordinance are listed below. Findings of Fact 1) The City of Pasco has enacted development regulations as required by the Growth Management Act that encourage orderly growth and development. 2) The City's development regulations include provisions for the location of manufacture homes, mobile homes and recreational vehicles within the City. 3) The Revised Code of Washington (35A.21.312) precludes a city from restricting the location of mobile homes or manufactured homes in mobile home parks or manufactured home communities based on the age or dimension of a mobile home or manufactured home. 4) The Revised Code of Washington (35A.21.312) precludes a city from adopting an ordinance that has the effect, directly or indirectly, of preventing the use of a recreational vehicle as a primary residence in a manufactured/mobile home community except as provided in RCW 35A.21.312 (4). 5) The Revised Code of Washington Section 35A.21.312 (4) authorizes the imposition of safety and sanitation standards for a recreational vehicle used in mobile home park as primary residence. Recommendation MOTION: I move the Planning Commission adopt the Findings of Fact and conclusions as contained in the November 19, 2009 staff memo on code amendments for Title 19 and 25. MOTION: I move the Planning Commission recommend the City Council adopt the proposed code amendments modifying PMC Title 19 and PMC Title 25 as attached to the November 19, 2009 staff memo to the Planning Commission. 2 PLANNING COMMISSION MINUTES 10/15/09 B. CODE AMENDMENT Title 19 & 25 Dealing with RV's and Residential Parks (City-wide) (MF# CA 09-003) Chairman Samuel read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, introduced the topic and stated in early 2009 the State Legislature changed the State Law by prohibiting local entities from precluding RV's as primary residences in mobile home parks. The new law prohibits the city from creating an ordinance that directly or indirectly precludes RV's from mobile home parks but does allow the city to establish safety standards related to the placement of RV's in mobile home parks. The proposed ordinance was developed by using the building code, plumbing code and manufactured home regulations as a reference guide for safety standards. The code needs additional review by the City Attorney to determine if the proposal meets the intent of the legislation or whether or not it is too far reaching. It was suggest the hearing be held followed by a motion to table action on the proposed ordinance until it can be further reviewed for consistency with the new law. Chairman Samuel asked for an explanation of what would be considered further than the law. Mr. White stated there was a provision in the proposal that requires certain insulation values. That may be an example of going beyond the intent of the legislation. Dave McDonald, City Planner, reviewed the proposed ordinance. It was explained the State definitions for mobile homes and RV's are different than the city's definition and therefore the proposal changes the city's definitions. The proposed safety standards were then reviewed for the benefit of the Planning Commission Chairman Samuel asked if city staff looked at ordinances from other cities like Yakima addressing the subject. Mr. McDonald stated that the city's Growth Management resource person with the Department of Commerce in Spokane stated that Pasco appears to be the first city in Eastern Washington to address the new State Law. Commissioner Little asked about the community restroom requirements for hygiene. Mr. McDonald stated the standards in the Uniform Plumbing Code are designed to address sanitation requirements. Chairman Samuel asked how many mobile parks or RV parks have communal restroom facilities. Mr. McDonald stated there were at least three. Chairman Samuel opened the hearing for public comment and after three calls for comments the hearing was closed. Commissioner Anderson stated the Commission needs to be mindful of the folks that live in the RV units and need to have the safety protections. Commission Anderson supported the more restrictive language. Commissioner Kempf stated she was in support of the more restrictive language. Commissioner Kempf stated RV's were not built for permanent residences and should not be used for that purpose. Chairman Samuel stated RV's were never designed and built to be permanent residences. The Chairman felt RV's needed to be safe for the occupants, surrounding property owners and the community in general. RV's needed to meet standards that are similar to other permanent dwellings. Commission Little moved, seconded by Commissioner Anderson, that the Planning Commission continue the matter on the proposed Code Amendment for Title 19 and 25 dealing with RV's and Residential Parks to the November Planning Commission meeting. The motion passed unanimously. PLANNING COMMISSION MINUTES 11/ 19/09 A. CODE AMENDMENT Title 19 & Dealing with RV's and Residential Parks (Citywidel (City of Pasco) IMF# CA 09-0031 Chairman Samuel read the master file number and asked for comments from staff. Staff stated at the October hearing the Planning Commission considered various amendments to Title 19 & 25 dealing with definitions and use of recreational vehicles as primary residences in mobile home parks. Staff further explained the City's Lobbyist had indicated the direction taken in the initial code amendment was going further than the State Legislature intended. Based on that word of caution, staff requested action on the proposed amendment be tabled until the November meeting. In the meantime, staff continued the discussion with the State Lobbyist and the recommendation was to focus on the life, health and safety standards, primarily on hygiene measures. These would include plumbing and utility connections and possibly the use and location of propane tanks. With that in mind, the draft ordinance was modified to address some minor safety items and the hygiene measures identified in the bill. The proposal before the Planning Commission will not jeopardize the relationships that were forged as a result of the compromise bill that was achieved this last Legislative Session. Chairman Samuel stated originally staff presented the proposed ordinance with a number of requirements that have since been removed. The Chairman explained the modifications dealing primarily with plumbing, gas and hygiene facilities for sewage, will accomplish the protection of other residents in mobile/RV parks and allow us to move forward without ending up back in court. It appears that we are the first community going forward on this. Again Staff explained the new Law was a compromise reached on the city's behalf and request. The original bill would have literally preempted any local regulation of RV's used as primary residences. Commissioner Hay moved, seconded by Commissioner Little, that the Planning Commission adopt the finding of fact and conclusions as contained in the November 19, 2009 staff memo on Code Amendments for Title 19 & Title 25. The motion passed unanimously. Commissioner Hay further moved, seconded by Commissioner Anderson, that the Planning Commission recommends the City Council adopt the proposed Code Amendments, modifying PMC Title 19 &, PMC Title 25 as attached to the November 19, 2009 staff memo to the Planning Commission. The motion passed unanimously. AGENDA REPORT TO: City Council December 10,2009 FROM: Gary Crutch lanager Workshop Mtg.: 12/14//09 Regular Mtg,: 12/21/09 SUBJECT: Interlocal Agr ment for Tri-City Metro Drug Task Force I. REFERENCE: A. Proposed Interlocal Agreement II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 12/14: Discussion 12/21: MOTION: I move to approve the Tri-City Drug Task Force Interlocal Agreement with the cities of Kennewick, Pasco, Richland, Benton and Franklin Counties and, further, authorize the Mayor to sign the agreement. ITI. FISCAL IMPACT: Two full-time police officers IV. HISTORY AND FACTS BRIEF: A) The Tri-City Metro Drug Task Force was formed by Interlocal agreement in 1987, with the cities of Pasco, Kennewick, 'Richland, West Richland, Connell, Prosser and Benton and Franklin Counties as members. The agreement was entered into to provide centralized supervision and administration of local narcotics investigations and enforcement in Benton and Franklin Counties, The City of Kennewick provided administrative support of the Task Force until January of 1990; at that time, Pasco assumed the support role. B) In June of 1996, the Interlocal agreement was modified when the cities of Prosser and Connell no longer were able to participate in the Task Force. At that time the City of Pasco agreed to take over financial and administrative support along with the operational management of the Task Force. The City of Pasco provided a police captain at one quarter-time to provide administrative oversight to the Task Force, along with a full-time police sergeant to supervise the operations of the task force and one full-time investigator. The City of Kennewick provided two investigators, while Richland, West Richland, Benton and Franklin Counties provided one investigator each to the Task Force, C) In July of 2009, the City of Kennewick agreed to become the financial, administrative and operational jurisdiction for the Metro Drug Task Force. The transfer of Task Force administration and operations required a change in the interlocal agreement with the cities of Pasco, Kennewick, Richland, Benton and Franklin Counties being identified as members. The City of West Richland is no longer a participant in the Task Force. The City of Richland, Benton and Franklin Counties have agreed to dedicate one investigator each to the Task Force, The City of Pasco intends to dedicate two investigators. The City of Kennewick agrees to provide a police captain to act as the one quarter-time administrator for the Task Force and will provide a police sergeant full-time to supervise Task Force operations and one hall-time investigator. V. DISCUSSION: The only notable changes are as follows: the proposed agreement transfers the management and operational control of the Task Force to Kennewick. Additionally, the agreement includes a 120-day participant withdrawal clause and an acknowledgement that early withdrawal will result in the forfeiture of any equity or assets. Each party's manpower commitment is limited to what their respective budgets will allow. Distribution of assets will now be based on each party's cumulative manpower commitment. And finally, a liability clause has been expanded and provides some direction,in the event of suit. 4(d) Please return recorded document to: Kennewick City Clerk P, O. Box 6108 Kennewick. WA 99336 METRO INTERLOCAL AGREEMENT LOCAL NARCOTICS CONTROL PROGRAM AND METROPOLITAN CONTROLLED SUBSTANCE ENFORCEMENT GROUP INTER-LOCAL AGREEMENT This Interlocal Agreement is made and entered into pursuant to the provisions of Chapter 39.34 RCW,by and among the following parties; City of Pasco City of Kennewick City of Richland Benton County Franklin County RECITALS 1. Prior to 1987,the Cities of Kennewick, Pasco, Richland, and West Richland, and the Counties of Benton and Franklin, through their law enforcement agencies, maintained a working agreement for the purpose of combating controlled substances trafficking within the Tri-Cities community. This quasi-organized effort was known as the Metropolitan Enforcement Group ("Metro"). 2. The original parties entered into an Interlocal Agreement in 1987 which provided a more formal organization in order to centralize supervision and to qualify for federal funds dispensed by Washington State's Department of Community Trade and Economic Development("CTED"). In November of 1990, the Cities of Connell and Prosser desired to also participate in the group, and the original parties desired to include them. In October of 1991 and January of 1994, respectively, the cities of Prosser and Connell decided to no longer participate. In December 2004 the City of West Richland also decided to no longer participate. This Agreement is to formalize the agreement between the remaining parties. METRO INTERLOCAL AGREEMENT Page I of 12 3. The financial officer of Kennewick initially administered a Metro Drug Forfeiture Fund consisting of the proceeds of forfeitures, federal grants and court ordered contributions. In January 1990, the City of Pasco took over administration of the Metro Drug Forfeiture Fund. In January of 2009 the City of Kennewick took over all administrative functions except for financial administration. Effective July 1, 2009, the City of Kennewick took over the financial administrative function and control of the Metro Drug Forfeiture Fund. 4. The federal government has appropriated monies to the State of Washington to fund a coordinated state-wide narcotics control program. These funds were administered by DCD until the Spring of 1993, at which time DCD became the State of Washington Department of Community, Trade, and Economic Development ("CTED"). The Department of Commerce or a successor state agency will continue to administer these funds. S. Based upon established criteria, the parties are eligible to apply for a grant to assist them in their efforts to combat controlled substances trafficking. Department of Commerce desires to enter into a contract with one participating jurisdiction, to be named in the grant application as the applicant jurisdiction, and which shall have the duty of administering the grant on behalf of the participating jurisdictions. 6. The parties desire to enter into an Agreement to enable the applicant jurisdiction to receive the grant, to administer the grant, and to be responsible for compliance with its terms on behalf of the participating jurisdictions. 7. The City of Kennewick has consented to act as the applicant jurisdiction with regard to future applications to Department of Commerce and any funds supplied by a Department of Commerce grant. 8. Chapter 39.34 RCW provides that local jurisdictions may enter into cooperative agreements in order to best serve the needs of their local communities. Now, therefore, the parties hereto, through their governing bodies, do hereby agree as follows: SF,CTTON l —DEFINITIONS a. "Application"means an application submitted to Department of Commerce for a controlled substance law task force grant. b. "Agency" and "Agencies"shall mean the member agencies of Metro, that being the Police Departments of the Cities of Kennewick, Pasco, Richland and the Sheriff's Departments of Benton and Franklin Counties. C. "Department of Commerce" means the Washington State Department of Commerce. METRO INTERLOCAL AGREEMENT Page 2of12 d. "Executive Board" means the oversight committee consisting of one city manager from each of the cities of Pasco, Kennewick and Richland, or the designee from among the members of each City Council and one County Commissioner from each of the Counties of Benton and Franklin, or their designee from among non-judicial elected officials of their County or a county administrator working for the County Commissioners. The Chairperson of the Operations Board or his/her designee from among its members and the Support Services Executive Director of the City of Kennewick shall be non-voting members of the Executive Board. The Executive Board shall be the chief administrative officer for the purpose of budget transfers within each fund. e. "Jurisdictions"mean the cities of Kennewick, Pasco, Richland, the counties of Benton and Franklin. f. "Local Narcotics Control Program Fund" ("LNCPF") means the fund to be administered by the City of Kennewick for purposes of grant administration and the receipt and disbursement of grant funds. g. "Metro" means the Metropolitan Controlled Substance Enforcement Group which is a multi jurisdictional investigative group consisting of'the law enforcement officers and the support personnel of the member jurisdictions and any Washington State Patrol investigator agreed to by the Operations Board. h. "Metro Drug Forfeiture Fund"means the existing Metro fund of that name, which was transferred to and administered by the City of Kennewick effective July 1, 2009. This fund may receive the proceeds of forfeiture, federal grants, and court ordered or other contributions for the purpose of enforcement of the controlled substance laws of the State of Washington. i. "Metro Operations" means any controlled substance law enforcement activity in which an officer assigned to Metro takes an active part, either as part of a surveillance team, raid team, or an arresting officer. Metro operations may also include controlled substance law enforcement activity in which Metro's sole participation was to supply intelligence information to the arresting agency. The Operations Board, in accordance with the provisions of Section 81, shall determine whether the providing of information in any given case has been substantial enough to constitute making that activity a Metro operation. j. "Operations Board" shall mean the law enforcement policy body for Metro and will consist of the Chiefs of Police of Kennewick, Pasco, Richland, and the Sheriffs and Prosecuting Attorneys of Benton and Franklin Counties, It shall recommend the budget for the grant funds and their disbursement and be responsible for preparing applications for any additional grants or renewal of the CTED grant. The Support Services Executive Director of the City of Kennewick shall be a non-voting member of the Operations Board for purposes of advisement on financial and fund administrative matters. Prosecuting METRO INTERLOCAL AGREEMENT Page 3of12 Attorneys shall refrain from voting on purely investigative issues. The Kennewick Police Chief shall serve as chairperson. k. "Paid Vouchers"means all purchase orders, invoices, payroll, records, etc., to back up expenditures by participating jurisdictions. SECTION 2—PURPOSE The purpose of this Agreement is to establish an organized effort to combat violations of controlled substance laws within the contracting jurisdictions and to take advantage of Department of Commerce and any other available grants. SECTION 3—GENERAL DUTIES OF THE PARTIES The parties have or shall: a. Authorize their respective representative to execute any and all necessary documents to obtain grant funds available pursuant to State and Federal Law for the purpose of establishing a regional, multi-jurisdictional Task Force; b. Authorize their officials and employees to participate in the activities of Metro according to this Agreement, the work plan established in the application, and as determined by the appropriate administrative body; C. Authorize their law enforcement officials to enter into operating agreements, such as the one in existence pursuant to 10.93 RCW to enable these agencies to participate in Metro. SECTION 4--DURATION/WITHDRAWAL/'I'FRrv[INATION a. This Agreement shall commence immediately upon its execution by all of the parties and filing with the auditors for Benton and Franklin counties and shall continue until terminated by the jurisdictions. b. The grant from Department of Commerce is made for one year at a time, beginning July 1" of each year. Any party may withdraw from Metro effective the beginning of the next grant year by giving written notice by April 1 st of that year to the parties subject to this Agreement, A party that withdraws from Metro before termination of Metro as defined in Section 4.c shall forfeit 100% of their share of the Metro Forfeiture Fund equity and assets. C. Termination of this Agreement shall only occur upon written mutual agreement of all the parties that are at the time of termination participants in Metro and subject to this Agreement, The written agreement for termination shall be executed by April I" of any given year to be effective July 1 st of that year. METRO INTERLOCAL AGREEMENT Page 4 of 12 SECTION 5--TASK FORCE a. Each party has committed to providing, as long as their respective budgets allow, the following personnel with their assigned equipment to Metro: City of Kennewick - 2 investigators City of Pasco - 2 investigators City of Richland - 1 investigator Benton County - 1 investigator Franklin County - 1 investigator Each party has the option of amending the number of personnel assigned to Metro. Notice of any change in the number of personnel committed to Metro shall be given to the Executive Board by January 1St of that year to take effect within 30 days of that year. b. The City of Kennewick shall supply a supervisory person of the grade of Captain or above to act as a part-time administrator. That person shall serve approximately one-fourth of his time administering Metro. The City of Kennewick shall be reimbursed by Metro for one- fourth of the administrator's salary and benefits. The administrator may be delegated such administrative duties as the Operations Board shall see fit. Selection and retention of the administrator shall be done by the Kennewick Police Chief. If the majority of the Operations Board does not support selection or retention of the administrator, the City of Kennewick may either name a different administrator or choose to withdraw as the administering agency. One of the two investigators assigned from the City of Kennewick shall be a Sergeant. That Sergeant will perform supervisory duties in the Metro. The City of Kennewick shall be reimbursed by Metro for the difference between the salary and benefits of a Sergeant and the salary of the other investigator assigned by the City of Kennewick to Metro. c. The offices of the Prosecuting Attorney for Benton and Franklin Counties may each assign lawyers from their respective staffs for the purpose of handling cases generated by the Task Force and this assigrunent may be contingent upon funding. Secretarial staff may be assigned or employed by one or more of the parties in the support of the investigation and prosecution of cases arising as a result of Task Farce operations and this maybe contingent upon funding. d. The Executive Board, by majority vote may, in the event that any party to this Agreement fails at any time during the term of this Agreement to provide or maintain the commitment of personnel to Metro as set forth above, impose the following penalties on the party in breach of this Agreement. METRO rNTERLOCAL AGREEMENT Page 5 of 12 (1) The forfeiture of all (100°/x) of the party's share of forfeiture fund (see section 8.) equity and assets; and (2) The immediate payment upon determination of amount to the Metro Drug Forfeiture Fund of an amount equal to any loss of federal and/or state grant funds for the operating year arising from or caused by the party's failure to provide or maintain their commitment of personnel to Metro. SECTION 6—A-D IINIS'rRATION a. The City of Kennewick shall be the applicant jurisdiction for Department of Commerce grants. It shall provide the necessary documentation to receive grant funds and ensure that the provisions of the application are met. Kennewick shall maintain budgetary control of grant funds and maintain records as required by applicable laws and regulations. Participating jurisdictions shall incur, and pay individually, those expenses accruing to activities or employees of their jurisdictions. Paid vouchers for reimbursable expenses are to be transmitted to the Support Services Executive Director of the City of Kennewick immediately after payment. The City of Kennewick shall request funds for grant reimbursement on a monthly basis and distribute grant proceeds accordingly upon receipt of said funds. The City of Kennewick shall set up and administer the LNCPF for the purposes of accounting for grant fund receipts and disbursements and to prevent the commingling of grant funds and drug forfeiture and other funds recovered pursuant to this Agreement with any other funds. The LNCPF shall be subject to the same audit and fiscal controls as the public treasury of the City of Kennewick. h. The City of Kennewick assumes the responsibilities of the applicant jurisdiction on behalf of, and for the benefit of, all the jurisdictions that are parties to this Agreement. All the jurisdictions shall share, on a pro-rata basis as set forth in Section 7.b, any loss other than a loss covered by Section 10 of the Agreement suffered by any jurisdiction arising solely and directly as the result of the City of Kennewick's role as the applicant jurisdiction. In the event that there is any recapture of grant funds by the Department of Commerce pursuant to the provisions of the City of Kennewick contract with it, the jurisdictions shall share responsibility on the pro-rata basis as set forth in Section 7.b of this Agreement. However, in the event that there is a recapture of grant funds originally disbursed due to an identifiable discretionary expenditure of any jurisdiction or agency, that jurisdiction or agency shall bear the sole responsibility for payment and indemnify the City of Kennewick for any loss of funds it may suffer due to any such recapture. If any loss of funds, other than a loss covered by Section 10 of the Agreement, is covered by a fidelity bond or other insurance, covering one of the jurisdictions employees, that jurisdiction shall be responsible for said loss to the extent of the coverage provided by said bond or insurance mid any remaining loss shall be shared as set forth above. METRO TNTERLOCAL AGREEMENT Page 6 of 12 C. The City of Kennewick shall administer the Metro Drug Forfeiture Fund, and it shall be subject to the same audit and fiscal controls as the public treasury of the City of Kennewick. d. The Executive Board shall be responsible for the budget and all other administrative duties of the LNCPF and of Metro. The Executive Board may delegate any or all of these duties to the Operations Board. The Executive Board shall be responsible for submitting both the LNCPF budget and the Metro Drug Forfeiture Fund budget to the City Council of the City of Kennewick for approval as provided by law. The Executive Board shall elect a chairperson and vice-chairperson, meet at least twice a year, and adopt such procedural rules to govern its meetings as it deems necessary. e. The Operations Board shall meet at least quarterly, adopt such procedural rules to govern its meetings as it deems necessary, and provide policy recommendations to the Executive Committee regarding the LNCPF, Metro Drug Forfeiture Fund, Metro, and related Task Force expenditures and operations, and may delegate any administrative duties delegated to it. f. Nothing in this Agreement shall be construed as authorizing any party or official of said party to direct the Prosecuting Attorney or any Deputy Prosecuting Attorney in the performance of his or her duties. SECTION 7—ACQUISITION AND USE OF EQUIPMENT a. In the event that any equipment is acquired with grant funds received from Department of Commerce, the parties agree to use the equipment only for specified program purposes during the life of the grant. All equipment purchased by Kennewick on behalf of Metro using grant funds shall be owned by the applicant jurisdiction, the City of Kennewick. After the grant period ends, the parties agree to use the equipment only for controlled substance enforcement purposes and to dispose of said property as set forth in Section 7.b unless federal and state requirements provide for a different disposition. b. Upon termination of this Agreement, all equipment contributed by the jurisdictions shall be returned to the contributing agency. All property and equipment purchased with monies from the LNCPF or with monies from the Metro Drug Forfeiture Fund shall be distributed so as not to violate Section 7.a above, and on a pro-rata basis as set forth below, and this property shall be used by the receiving party only for controlled substance enforcement purposes unless federal and state requirements provide for a different disposition. The Operations Board shall see to it that a separate inventory for property and equipment purchased from each fund shall be kept and, if money from the LNCPF is used to reimburse any other fund for any property and equipment purchased, the property or equipment shall be transferred to the LNCPF inventory, This inventory shall go back to at least January, 1988, and continue for the duration of this Agreement. Upon termination of this Agreement, the items purchased with monies from the LNCPF fund or with monies METRO INTERLOCAL AGREEMENT Page 7of12 from the Metro Drug Forfeiture Fund shall be distributed to each participating jurisdiction under a formula that divides the cumulative number of investigators assigned to Metro by each jurisdiction starting with the fiscal year ended June 30, 2005, and continuing through the most recently completed fiscal year by the cumulative total of investigators assigned to Metro by all participating jurisdictions during this same period. Jurisdictions shall only receive credit in the calculation for those investigators that remain assigned to Metro for the entirety of a fiscal year. At such time that a jurisdiction removes all of the investigators that it had previously assigned to Metro, it shall also forfeit its right to any future distribution of accumulated assets under this section and be removed from the calculation. As of June 30, 2009, the result of the formula outlined in this section was as follows: Fiscal Year Ended June 30, Agency 2005 2006 2007 2008 2009 Total % City of Kennewick 2.00 2.00 2.00 2.00 2.00 10.00 28.57% City of Pasco 2.00 2.00 2.00 2.00 2.00 10.00 28.57% City of Richland 1.00 1.00 1.00 1.00 1.00 5.00 14.29% Benton County 1100 1.00 1.00 1.00 1.00 5.00 14.29% Franklin County 1.00 1.00 1.00 1.00 1.00 5.00 14.29% Total Investigators 7.00 7.00 7.00 7.00 7.00 35.00 100.00% SECTION 8-FUND ADMINISTRATION AND FORFEITURES a. All property,proceeds from property, and cash forfeited pursuant to RCW 69.50.505 by Metro operations and all other contributions to the Metro Drug Forfeiture Fund shall be managed and disbursed as provided in this Section. On or before July 1, 2009, all such forfeited property, all proceeds in the Metro Drug Forfeiture Fund and/or LI\CPF fund and all accounting records related to such were transferred from the City of Pasco to the City of Kennewick. b. The City of Kennewick shall administer the Metro Drug Forfeiture Fund and shall make expenditures from the fiend only as appropriately directed. All interest attributed to investment of monies in the Metro Drug Forfeiture Fund shall be deposited into the fund. This fund shall be established so that it may accept court ordered contribution or other contributions as well as funds disbursed by the federal government or other agencies involving the enforcement of controlled substance laws. Disbursements from this fund shall be for controlled substance enforcement purposes. C. To the extent that RCW 69.50.505 requires that the forfeiture funds be deposited in the current expense fund of the jurisdiction in which the forfeiture takes place, that requirement shall be met by depositing said funds in the Metro Drug Forfeiture Fund. Forfeitures shall be in accordance with RCW 69.50.505 or other applicable law and all funds which may be retained by the local jurisdiction as a result of said forfeiture shall be deposited into the Metro Drug Forfeiture Fund, METRO INTERLOCAL AGREEMENT Page 8 of 12 d. All property forfeited pursuant to Metro operations shall be immediately delivered to Metro for use in Metro operations, unless use of such property is declined by the Operations Board, in which case the jurisdiction in which the forfeiture took place may use the property in accordance with RCW 69.50.505, The City of Kennewick shall see to it that a proper inventory is kept of all the property seized, whether or not it has yet been forfeited, and of its sale or other disposition. e. The Operations Board may authorize the transfer of forfeited property of any law enforcement agency in this state upon application for the exclusive use of enforcing the provisions of Chapter 69.50.505 RCIA' as now or hereafter amended. f. Firearms confiscated as a result of Metro operations will be placed into Metro evidence and the disposal of the firearms will occur after adjudication of the case in court and at the direction of the Operations Board. g. Upon termination, the Executive Director of Support Services of the City of Kennewick, or his or her designee, using established govermnental accounting standards, shall determine the balance of the LNCPF and the Metro Drug Forfeiture Fund available for distribution as of the termination date. All jurisdictions shall share in the amount available for distribution on a pro-rata basis as set forth in section 7.b. Any balances that become available for distribution within the LNCPF and the Metro Drug Forfeiture Fund after the date of termination, including but not limited to, the net proceeds derived from any property that was seized or forfeited prior to the termination date, shall be distributed in the same manner. Funds distributed may be used for the expansion of controlled substance enforcement purposes and may not supplant pre-existing funding services unless otherwise authorized by applicable law_ h. In order to ensure compliance with this Agreement, the parties agree that all forfeitures made pursuant to RCW 69.50.505 by each party shall be disclosed to the Operations Board. The Operations Board shall review each case to determine if the action was a Metro operation. The decision of the Operations Board shall be binding upon all parties. However, Metro operations shall expressly not include drug arrests and forfeitures which are incidental to an unrelated activity, e.g., a routine traffic stop, arrests and forfeitures from operations which were made after consultation with and agreement of the Metro supervisor that Metro would not participate; and cases which are not considered a Metro case for prosecution purposes. SECTION 9—ARBITRATION The parties agree that any dispute arising from this Agreement relating to the distribution of monies and of property or penalty provisions shall be submitted to an arbitrator for a binding decision pursuant to Chapter 7.04 RCW unless the parties agree to another manner of arbitration. If the parties cannot agree on an arbitrator(s), the court shall appoint an arbitrator from a list METRO INTERLOCAL AGREEMENT Page 9 of 12 compiled as follows: each party shall submit a list of three persons not associated with any of the parties who have agreed to act as an arbitrator and each party may strike up to two names from the total list thereby compiled. The court shall select an arbitrator from among the names remaining unless there be none, in which case the court shall select an arbitrator not associated with any of the parties. SECTION 10--LIABILITY Each party shall be responsible for the wrongful or negligent actions of its employees while assigned to the Metro Team 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. To that end, each party promises to hold harmless and release all the other participating parties 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 he apportioned among the parties or other at-fault persons or entities in accordance with the laws of the State of Washington. Nothing herein shall be interpreted to: a. Waive any defense arising out of RCW Title 51. b. 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 officer(s) was acting beyond the scope of his or her employment. C. Cover or require indemnification or payment of any judgment against any individual or Agency for intentionally wrongful conduct outside the scope of employment of any individual or for judgment for punitive damages against any individual or 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 Agency employer, should that employer elect to make said payment voluntarily. This Agreement does not require indemnification of any punitive darnage awards or for any order imposing fines or sanctions. SECTION I I —AMENDMENT This Agreement may be amended from time-to-time as deemed appropriate by the parties, provided that such amendment shall become effective only after it has been adopted in writing by authorized representatives of each of the parties. SECTION 12—INTEGRATION This Agreement and the application contain all the terms and conditions agreed upon by the parties, except necessary operational agreements between the law enforcement agencies of the METRO 1N`fERLOCAL AGREEMENT Page 10 of 12 respective jurisdictions pursuant to Chapter 10,93 RCW, No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. This Agreement shall expressly supercede all prior Agreements among the jurisdictions regarding Metro creation, operation, and administration. Dated this day of December, 2009 CITY OF KENNEWICK CITY OF RICHLAND THOMAS C. MOAK, Mayor JOHN FOX, Mayor Attest: Attest: VALERIE J. LOFFLER, City Clerk DEBRA BARHAM, Deputy City Clerk Approved As To Form: Approved As To Form: LISA BEATON, City Attorney THOMAS O. LAMPSON, City Attorney CITY OF PASCO JOYCE OLSON, Mayor Attest: DEBRA CLARK, City Clerk Approved As To Form: LELAND B. KERR, City Attorney METRO 1NTERLOCAL AGREEMENT Page I1 of 12 BENTON COUNTY FRANKLIN COUNTY M<1X E. BENITZ, JR, Chairman RICK MILLER, Chairman LEO BOWMAN, Commissioner ROBERT E. KOCH, Commissioner JAMES BEAVER; Commissioner BRAD PECK, Commissioner Attest: Attest: CAMI MCKENZIE, Clerk of the Board MARY WITHERS, Clerk of the Board Approved As To Form: Approved As To Fonn: ANDREW MILLER STEVE LOWE Benton County Prosecutor Franklin County Prosecutor METRO INT'ERLOCAL AGREEMENT Page 12 of 12 AGENDA REPORT TO: City Council December 9, 2009 FROM: Gary Cnrtchfi Manager 'Workshop Mtg.: 12/14/09 Regular Mtg.: 12/21/09 SUBJECT: Appointment o Municipal Court Judge I. REFERENCE(S): 1, Proposed Resolution 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/14 Discussion 12/21 MOTION: I move to approve Resolution No. confirming the Mayor's reappointment of Mary Berndt-Ramirez as Municipal Court Judge. IIl. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The City has long operated its own municipal court, in accordance with RCW Chapter 3.50. State law requires a Municipal Court Judge to be appointed to four- year ten-ns, subject to confirmation of the City Council. V. DISCUSSION: A) Pasco Municipal Court has been operated under the direction of Mary Berndt- Ramirez for 24 years, During that tenure, the Court's caseload has grown from about 2,000 per year to an expected 10,000 in 2009. Judge Ramirez has guided the evolution of the Court throughout the city's rapid growth process, incorporated many changes along the way (probation services; work crews; electronic home monitoring; etc.), all aimed (successfully) at minimizing the cost of the court system (and associated jail cost). In short, Judge Ramirez has been mindful of the taxpayers' interest while fulfilling the Court's obligation to fairly and effectively administer justice for misdemeanor crimes committed within the city. Thus, reappointment is recommended for another four-year term. 4(e) RESOLUTION NO. A RESOLUTION confirming the reappointment of Mary Berndt-Ramirez as Pasco Municipal Court Judge. WHEREAS, the City of Pasco operates a Municipal Court governed by Chapter 3.50 RCW; and WHEREAS, the operation of the Pasco Municipal Court is an important matter to the citizens of Pasco and its local government; and WHEREAS, the Mayor has determined to re-appoint Mary Berndt-Ramirez as Municipal Court Judge for that terns of office beginning January 1, 2010; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. The reappointment of Mary Berndt-Ramirez as Pasco Municipal Court Judge is hereby confirmed for a four-year term of office effective January 1, 2010. PASSED by the City Council of the City of Pasco at its regular meeting dated this 21st day of December, 2009. Joyce Olson, Mayor ATTEST: Debra Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council December 7, 2009 TO: Gary Crutchfie Manager Workshop -Mtg.: 12/14/09 Regular Mtg.: 12/21/09 FROM: Lynne Jackson, luman Resources Manager SUBJECT: 2010 COLA for Non-Represented Employees I. REFERENCE(S): 1. Proposed Ordinance,Non-Represented, Non-Management Wage Plan 2. Proposed Ordinance, Management Salary Plan II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/14 Discussion 12121: MOTION: I move to adopt Ordinance No. providing a cost-of-living adjustment in the non-represented, non-management wage plan for year 2010 and, further, authorize publication by summary only. MOTION: I move to adopt Ordinance No. , providing a cost-of-living adiustment in the management salary plan for year 2010 and, further, authorize publication by summary only, III. FISCAL IMPACT: Estimated fiscal impact of I% cost of living adjustment: • Non-management: $36,500 • Management: 520,000 IV. HISTORY AND FACTS BRIEF: A) The purpose of the Cost of Living Adjustment (COLA) is to assure maintenance of the purchasing power of the respective wage or salary plans. To do so, the City typically uses the Consumer Price Index (CPD published for smaller western cities. That index is Usually referenced in the bargaining unit contracts as well. B) CPI-U, B/C western cities, October 2008-October 2009 is slightly less than 0%. V. DISCUSSION: A) It has been the practice of the city to adjust the non-represented and management pay scales using 90% of the October-October B/C western cities CPI-U. 90% of the CPI-U for October-October B/C western cities is -0.09%. However, the Fire union contract reflects 100% CPl with a minimum of 2.5%. Both of the Operating Engineers contracts reflect 90% of CPI, but with a minimum of'1%. A COLA of 1% is recommended for 2010 for both non-represented groups (management and non-management). 4(f) ORDINANCE NO. AN ORDINANCE concerning wages for certain Non-Management, Non- Represented personnel for the calendar year 2010. WHEREAS, the City Council finds that the cost-of-living adjustment to the non- management/non-represented scale of 1% is appropriate in consideration of the Department of Labor's Consumer Price Index through October 2009 as well as the adjustments already committed to other employee groups;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The wage scale for those non-management positions specified in the attached Exhibit "A" which Exhibit is incorporated by reference as if fully set forth herein. The City Manager shall designate the appropriate hourly wage step in Exhibit "A" for each employee covered by this Ordinance, considering their time in the position for which they are employed, their current hourly wage, and the evaluation of their performance. Any non-represented employee whose actual wage or salary on December 31, 2009 exceeds the maximum for the respective grade assigned herein, shall continue to receive said actual wage or salary during calendar year 2010. Section 2. The step increases set forth in Exhibit "A" are dependent upon a satisfactory performance evaluation. If the performance evaluation of an employee demonstrates superior performance and upon recommendation of the Department Director, the City Manager has the discretion to advance an employee an additional pay step over that step otherwise obtainable by a satisfactory performance evaluation. Section 3. The wage scale set forth in Exhibit "A" shall be effective January 1, 2010 and remain in effect until this Ordinance is amended or superseded by subsequent Ordinance. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. Section 5. This Ordinance shall take effect five (S) days after passage and publication according to law. PASSED by the City Council of the City of Pasco at a regular meeting this 21" day of December, 2009, Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney ADMTNISTRATTVE/PROFESSIONAL WAGE SCALE-2010 Exhibit A (,Non-Represented/Non-Management) Position Grade Step Step Step Step Step Step Step I Step Step Step Step MAX EL 1 2 3 4 5 6 7 8 9 10 Merit Department Assistant 1 5 10.43 j 10.64 10,85 1 11.07 j 11.29 11.52 11.75 11.98 12.22 12.47 1 12.72 13.74 Administrative Assistant 1 25 15.50 15.81 16.13 16.45 16.78 17.12 17.46 ! 17.81 18.16 18.53 18.90 20.41 Cemetery Cust. Serv.Rep. 26 15.81 16.13 i 16.45 16.78 17.12 17.46 17.81 18.16 18.53 ! 18.90 1 19.28 20.82 Department Assistant 2 27 16.13 16.45 16.78 17.12 17.46 17.81 18.16 18.53 18.90 19.28 19.66 21.23 Deputy Court Clerk Legal Secretary 1 Probation Services Clerk Accounting Clerk 33 18.16 18.53 18.90 1928 1 19.66 20.05 20.46 20.86 21.28 21.71 22.14 23.91 Administrative Assistant 2 Deputy City Clerk ; Engineering Technician 1 IS Technician:GIS I Lead Court Clerk Legal Secretary 2 { Database Specialist 38 20.05 20.46 20,86 21.28 21.71 22.14 22.58 23.04 23.54 23.97 24.45 26.40 Court Services Specialist Legal Secretary/Paralegal Payroll Specialist PC Specialist Planner 1 Recreation Specialist j RN Engineering Technician 2 40 20.86 21.28 21.71 22.14 22.58 23.04 23.50 23.97 24,45 24.94 25.43 27.47 Executive Administrative Assistant Court Probation Officer 41 21.28 21.71 22.14 22.58 23.04 23.50 23,97 24.45 24.94 25.43 25.94 28.02 Lead Recreation Specialist 1 Mapping/CADD Technician Staff Amountant i Block Grant Administrator 43 22.14 22.58 23.04 23.50 23.97 24.45 24.94 25.43 25.94 26.46 26.99 29.15 Building Inspector i Construction Inspector Safety/Environ.Reg, Spec. Associate Planner 47 23.97 24.45 24.94 25.43 25.94 26.46 26.99 27.53 28,08 28.64 29.22 31.55 HR Analyst/Assistant Plans Examiner I City Clerk 49 24,94 25.43 2,594 26.46 26.99 27.53 28.08 28.64 i 29.22 29.80 30.40 32.83 Network Administrator Senior Accountant E Associate Engineer 51 25,94 26.46 26.99 1 27.53 28.08 28.64 29.22 29.80 30.40 ' 31,00 31.62 34.15 Accounting Supervisor 54 27.53 28.08 2864 29.22 29.80 30.40 31.00 31.62 32.26 32.90 33.56 36.24 Associate Engineer 2 Communication Specialist Instrumentation Technician City Ptanner 56 28.64 29.22 29.80 30.40 31 00 1 31.62 32.26 32.90 33.56 34.23 34.92 37.71 Senior Engineer 58 29.80 7 30.40 j 31.00 31 62 32.26 32.90 33.56 3423 34.92 35.61 36.33 39.23 Construction Manager 61 31.62 1 32.26 1 32.90 1 33.56 1 34.23 1 34.92 1 35.61 1 36.33 i 37.05 1 37.79 38.55 41.63 ORDINANCE NO. AN ORDINANCE concerning the salaries for Management positions for the calendar year 2010. WHEREAS, the City Manager has recommended the salary scale for management positions be modified to include a cost-of-living adjustment for calendar year 2010; and, WHEREAS, the City Council finds that the cost-of-living adjustment of 1% is appropriate in consideration of the Department of Labor's Consumer Price Index through October 2009 as well as the adjustments already committed to other employee groups; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASC.O, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The maximum monthly salaries for management positions shall be as set forth in Exhibit "A" attached hereto, which Exhibit is incorporated by reference as if fully set forth herein. The schedule of maximum salaries set forth in Exhibit "A" shall be effective January 1, 2010 and shall remain effective until this Ordinance is amended or superseded by subsequent Ordinance. The actual salary to be received by an employee occupying a management position shall be determined by the City Manager in an amount no greater than the maximum for the position except as authorized herein. Section 2. A merit increase may be granted to a city employee employed in one of the management level positions set forth in Exhibit "A", at the sole discretion of the City Manager and within the following guidelines; provided, however, the total of all merit increases for the year 2010 does not exceed$45,000. (a) Any merit increase shall be based solely upon job performance demonstrating effort and achievement above and beyond that regularly expected of the position. (b) Any merit increase awarded shall be for a temporary period of time to be determined by the City Manager, provided any such merit increase shall expire not later than December 31, 2010. Section 3. For payroll purposes only, the monthly salaries as set forth in Exhibit "A" may be multiplied by twelve (12) and divided by two thousand eighty (2,080) (number of hours in work year) to determine an hourly rate of pay and paychecks may be computed and paid on this hourly basis; however, all positions listed on Exhibit"A" shall remain salaried positions. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. Section 5. This Ordinance shall take effect five (5) days after passage and publication according to law, PASSED by the City Council of the City of Pasco at a regular meeting this 21st day of December 2009. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM- Debbie Clark, City Clerk Leland B. Kerr, City Attorney Exhibit "A" Management Salary Scale - 2010 2010 Maximum Position Salary City Manager 12,270 Deputy City Mgr. 9,898 Public Works Dir. 9,769 Admin/CS Director 9,174 Police Chief 9,174 Fire Chief 8,696 Comm/EcoDev. Dir 8,696 Finance Manager 8,100 City Engineer 8,100 Municipal Ct Jude 8,091 IS Manager 7,863 Police Captain 7,863 HR Manager 7,506 Field Div. Mgr. 7,506 Manager, W/WW 6,909 Ins ec. Serv. M r 6,552 Rec Services Mgr 6,552 Facilities Mgr. 6,195 Court Admin 6,195 Asst Field Mgr 5,719 Cust Sery/Billie 5,465 AGENDA REPORT FOR: City Council December S, 2009 TO: Gary Crutc ";l , C ager W/Shop Mtg.: 12/14/2009 Rick Te A istrat {e & Community ery ces Dir ctor Regular Mtg.: 12/21/2009 FROM; Debbie Clark, City Cler I SUBJECT: A resolution authorizing the disposal of surplus property. I. REFERENCE(S): 1. Memorandum from David Renzelman, Crime Specialist /Evidence Technician 2. Proposed Resolution H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12114: Discussion 12/21: Motion: I move to approve Resolution No. authorizing the sale of seized/asset forfeiture property considered surplus to City needs. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The Police Department has acquired fourteen (14) weapons through seized/asset forfeiture. The weapons have heen processed through the Police Department and are now available for disposal through a Licensed Federal Firearms Dealer. The weapons are considered surplus to City needs. B) No minimum price is suggested for each weapon. Staff requests Council to declare the weapons surplus to City needs, and authorize staff to sell at auction. The weapons will only be sold by a Federal Licensed Firearms Dealer to other Licensed Firearms Dealers for a price that is in the best interest of the City. C) Staff proposes to have the auction consigned to H.A. Rowell Auctioneers, Licensed Firearms Dealer for a 25% commission on the gross proceeds from the sale with no charge for transporting the items to auction or advertisement thereof. Staff has been made aware that H.A Rowell Auctioneers currently has a weapons auction scheduled for January 2010, staff would recommend the inclusion of the above referenced weapons for auction. D) In comparison with other auctioneers, this proposal is most advantageous to the City. 4(9) Pasco Police RECEIVED 1 Seizure / Asset Forfeitures Evidence Inventory Disposition Request 8 December 2009 LCl-FY CLERK'S OFFICE i Below is a weapon listing that has been approved by the ISD, SSD Captains and the Chief of Police for disposal as excess property. The value of each weapon described is less than $200. 1 request that these weapons be classified as surplus equipment and disposed of through Auction by a Licensed Federal Firearms Dealer. Said weapons should only be sold by a Federal Licensed Firearms Dealer to other Licensed Firearms Dealers. CF # BC # Make Model Caliber Serial # 0937285 482368 Sentinel Deluxe .22 1838935 0943262 411561 Arcadoa MA Automag .22 M21789 411571 Savage Rifle .17 0700181 411570 Mossberg Shotgun .12 P655196 08 38135 445943 Norinco MAK90/AK47 7.62 37007687 445945 Ruger Rifle 10/22 .22 LR 254-96545 445944 Interarms Rifle 22 ADT .22 LR 411203 0804362 420876 Ruger Rifle 10122 .22LR 234-28823 0849559 453547 Gevarsfaktori Rifle 6.5 x 55 309654 0904218 460724 Ruger Pistol .22 266202 460726 Ruger Revolver 357 170-96833 0827743 438798 Ruger Blackhawk Pistol .357 87867 0805222 421701 Charter Arms Undercover .38 .38 388556 Special 0831488 441768 Interarms M68 Revolver .38 AA313467 .f David Renzelman, Crime Specialist Certified Evidence Technician RESOLUTION NO. A RESOLUTION authorizing the sale of forfeiture/unclaimed asset property surplus to City needs. WHEREAS, there are certain items of forfeiture/unclaimed asset property acquired by the Pasco Police Department and property is surplus to City needs; anal; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: The items of forfeiture/unclaimed asset property include fourteen (14) weapons as listed below, are declared surplus property and city staff is authorized to sell such property at public auction. Weapons will be sold through a Licensed Federal Firearms Dealer to other Licensed Firearms Dealers: CF # BC # Make Model Caliber Serial # 0937285 482368 Sentinel Deluxe .22 1838935 0943262 411561 Arcadoa MA Automag .22 M21789 411571 Savage Rifle .17 0700181 411570 Mossberg Shotgun .12 P655196 O8 38135 445943 Norinco MAK90/AK47 7.62 37007687 445945 Ruger Rifle 10122 .22 LR 254-96545 445944 Interarms ! Rifle 22 ADT .22 LR 411203 0804362 420876 Ruger I Rifle 10122 .22LR 234-28823 0849559 453547 Gevarsfaktori Rifle 6.5 x 55 309654 0904218 460724 Ruger Pistol .22 266202 _ 460726 Ruger Revolver .357 170-96833 0827743 438798 Ruger Blackhawk Pistol .357 87867 0805222 421701 Charter Arms Undercover .38 .38 388556 Special 0831488 441768 Interarms M68 Revolver .38 AA313467 SECTION 2: The city staff is hereby authorized to dispose of said surplus property at auction for a price that is in the best interest of the City. PASSED by the City Council of the City of Pasco this day of December, 2009 Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Lee Kerr, City Attorney AGENDA REPORT FOR: City Council December 3, 2009 TO: Gary Crutchfi zt Manager Workshop Mtg.: 12/14/09 Rick Terway, ve and Community Regular Mtg.: 12/21/09 Services Dire for FROM: Debbie Clark, City Cler SUBJECT: Surplus Fire Department Vehicle I. REFERENCE(S): A, Correspondence from Chief Gear, Pasco Fire Department B. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS- 12/14: Discussion 12/21: MOTION: I move to approve Resolution No. authorizing public auction and/or sale of one vehicle considered surplus to City needs. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) April 1, 1988 the City purchased a 1989 Mack/Grumman Pumper for use by the Pasco Fire Department, This vehicle has now acquired 121,000 in mileage plus 9,423 hours of response time service, Due to the age and maintenance issues regarding the 1989 Mack/Grumman Pumper, it is no longer utilized by the Fire Department. In December 1999 the City purchased a 1999 Central States Pumper as a replacement, said vehicle is still in-service. In 2006 the City purchased a 2006 Central States Pumper which moved the 1999 pumper to "reserve" status. B) The City does not have equipment or personnel to equip and staff 2 reserve pumpers, Because of this and the age of the 1989 Mack/Grununan, Fire Chief Gear has requested the Mack Pumper be declared as surplus to City needs. Estimated value of said vehicle $2,500 to $5,000, C) Staff reconu-nends the 1989 Mack/Grumman Pumper vehicle be consigned to H.A. Rowell Auctioneers and sold at auction for a price that is in the best interest of the City. The attached resolution will serve to authorize the sale of the vehicle. 4(h) MEMO RECEIVED TO Debbie Clark FROM: Chief Bob e CITY CLERK'S OFFICE ' RE: Surplus 1989 Mack Pumper DATE: November 20, 2009 In conversation with the City Manager it was decided to declare the 1989 Mack Pumper surplus property. Below are the description details of the pumper. Description: Mack/Grumnian Pumper Manufacturer: Mackl'Grumman Serial Number: 1_\-iZH197C9KM001045 Purchase Price: $142,000.00 Date Purchased: 4/1/1989 Estimated Value: $2500.00 to $5000.00 1989 Mack Fire Truck Grumman Pumper Unit 121,000 MILES / 9,423 HOURS CHASSIS MAKE: MACK MODEL: MC-688-FC SERIAL 4: 1M21-1 197C9KM001045 SINGLE AXLE TRUCK SERIAL#: 18135-FC SEATS: 4 ENGINE MAKE: MACK MODEL: E6-270 SERIAL#: 8X1844 TRANSMISSION MAKE: ALLISON MODEL: HT740 (AUTOMATIC TRANSMISSION) PUMP MAKE: WATEROUS MODEL: CSUYBX-1500 SE RIAL#: 15609W NOTE: 1500 GPM @ 1105 PSI TANK: 750 GALLONS This pumper was used for structure fires RESOLUTION NO. A RESOLUTION authorizing the disposal of a Fire Department vehicle considered surplus property to City needs. WHEREAS,there is one vehicle considered surplus property to City needs: and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: The one item of property listed below is hereby declared surplus property: 1989 Mack/Grumman Pumper serial no. 1 MZH 197C9KMOO 1045 SECTION 2: The City staff is hereby authorized to dispose of said surplus property at auction with a minimum price of$2,000. PASSED by the City Council of the City of Pasco this 21st day of December, 2009. Joyce Olson, Mayor ATTEST: Dcbra L. Clark, City Clerk APPROVED AS TO FORM: Lee Kerr, City Attorney