HomeMy WebLinkAbout2009.12.21 Council Meeting Packet AGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. December 21, 2009
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Aliegiance.
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the
City Council and will be enacted by roll call vote as one motion (in the foirn listed below). There will be
no separate discussion of these items. If further discussion is desired by Councilmembers or the public,
the item may be removed from the Consent Agenda to the Regular Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated December 7,2009.
(b) Bills and Communications: (A detailed listing of claims is available for review in the Finance
Manager's office.)
1. To approve General Claims in the amount of$2,490,701.71 ($168,191,70 in the forin of Wire
Transfer Nos. 5369 and 5371; $302,944.55 in the form of Electronic Fund Transfer Nos.
1007 and 1008; and $2,019,565.46 consisting of Claim Warrants numbered 174692 through
174899).
2. To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts,
miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts
receivable in the total amount of$214,094.83 and, of that amount, authorize $166,062.22 be
turned over for collection,
(c) Professional Services Agreement—Boat Basin/Tank Farm Area Plan(MF#INFO 09-100):
1. Agenda Report from Jeffrey Adams, Associate City Planner dated December 14,2009.
2. Vicinity Map.
3. Interlocal Agreement between the Port and the City dated March 2009.
4. Professional Services Agreement for Boat Basin/Tank Farm Area Plan.
To approve the agreement with Makers Architecture and Urban Design for the Boat Basin/Tank
Farm Area Plan and, further, authorize the City Manager to sign the agreement,
(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.
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.
(e) Resolution No. 3206, a Resolution confirming the reappointment of Mary Berndt-Ramirez as
Pasco Municipal Court Judge.
1. Agenda Report from Gary Crutchfield, City Manager dated December 9, 2009.
2, Proposed Resolution.
To approve Resolution No, 3206, confirming the Mayor's reappointment of Mary Berndt-
Ramirez as Municipal Court Judge.
(f) Resolution No. 3207, a Resolution authorizing the sale of forfeiture/unclaimed asset property
surplus to city needs,
1. Agenda Report from Debbie Clark, City Clerk dated December 8, 2009.
2. Memorandum from David Renzelman, Crime Specialist/Evidence Technician.
3. Proposed Resolution.
To approve Resolution No. 3207, authorizing the sale of seized/asset forfeiture property
considered surplus to city needs.
(g) Resolution No. 3208, a Resolution authorizing the disposal of a Fire Department vehicle
considered surplus property to city needs.
1. Agenda Report from Debbie Clark,City Clerk dated December 3, 2009.
2. Correspondence from Chief Gear, Pasco Fire Department.
3. Proposed Resolution.
To approve Resolution No. 3208, authorizing public auction and/or sale of one vehicle considered
surplus to city needs.
Regular Meeting 2 December 21,2009
*(h) Resolution No.3209, a Resolution accepting work performed by Sharpe& Preszler Construction
Company under contract for the 2009 Irrigation System Improvements—Road 44,Project No. 09-
7-01.
1. Agenda Report from Michael McShane,City Engineer dated December 14, 2009.
2. Resolution.
To approve Resolution No. 3209, accepting the work performed by Sharpe & Preszlcr
Construction Company, under contract for the 2009 Irrigation System Improvements— Road 44,
Project No. 09-7-01.
*(i) Cancellation of Workshop Meeting. (NO WRITTEN MATERIAL ON AGENDA)
To cancel the December 28, 2009 Workshop Meeting.
(RC) �VIUMft I move to approve the Consent Agenda ns read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a) Presentation of Proclamation for "Agriculture Week" January 4-8, 2010. Mayor Joyce
Olson to present Proclamation to Pasco Chamber of Commerce President, Ben Behen and
Executive Director,Nikki Gerds.
5. VISITORS -OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b) Financial Services Manager: General Fund Operating Statement through November 2009.
(c)
7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
(a) 2009 Budget Supplement-Revised.
I. Agenda Report from Gretchen Conner, Interim Finance 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.
b. Exhibit 1 —2009 Budget Supplement Worksheet.
CONDUCT A PUBLIC HEARING
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 adjustment authority.
MOTION: I stove to adopt Oni.nance No. .. amending the 20U9 Operating Budgi 1 by
providing! a Supplement thereto in the amount of 5451,500 and, further, authorize publication by
summary only-
Ordinance No. , an Ordinance relating to Supplemental Capital Improvement Projects
Budget for the Year 2009.
MOTION. I move to adopt Ordinance No. __ amending the 2009 Capital Improvements
.Budget by providing a Supplement thereto in t3ze arnotmt of $385,2511 and, further, authorise
publication by summary cosily.
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.
MOTION: 1 illove to approve Resolution loo_ aulhoi zing 1cmporary interfund loans
from the Genucal Fund to the Arterial Street Fund- the Community Development Block Grant
.Fund. the ML King Community Center Fund, the,, Ambulance Ser--ices Fund, and thte Sbic hmi
Convention Center Fund in the trod amount of$1,206,004}.
Regular Meeting 3 December 21,2009
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
(a) 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.
1. Agenda Report from David I. McDonald, City Planner dated December 9, 2009.
2. Proposed Ordinance.
3. Memo to the Planning Commission dated 11119/09.
4. Planning Commission Minutes dated 10/15/09 and 11/19/09.
MOTION. I rrtrove to adopt Onlin,-ance No. I arnendim, PMC- Titles t9 and 25
dealing with localional ;tatndards for mobile homes and recreational vge7biele,s antL further.
autliorire publication by -urn mary only.
(b) 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.
Ordinance No. , an Ordinance concerning wages for certain non-management, non-
represented personnel for the calendar year 2010.
MOTION: I move to adopt Ordinance No. -- _—�, providing a cost-of-living adjustment
in the non-repre:scule` L, non-managen-Lent WILgU lilan for year 2010 and., further, authorize
publication by starnmary only.
Ordinance No. , an Ordinance concerning the salaries for management positions for
the calendar year 2010.
MOTION- i movz to adopt Ordinance No. . providing a cost-of-liming ailjuStMCM
in the maamagement s,-alary plan for year 2010 and. further, authorize.publication by summary only.
9. UNFINISHED BUSINESS:
(a) 2010 Annual Operating and Capital Projects Budgets:
1. Agenda Report from Gretchen Conner, Interim Finance Manager dated December 7, 2009.
2. Proposed 2010 Annual Operating Budget Ordinance.
3. Proposed 2010 Capital Projects Budget Ordinance.
SECOND READING OF THE ORDINANCES
Ordinance No. 3945, an Ordinance adopting the City of Pasco Operating Budget for the Year
2010.
MOTION: I move to adopt Ordinance No. 3945t adopting the 2010 AaauaI Opemting, Budget
arid, fun her, to authorize publictrtiora by surnmary only.
Ordinance No. 3946, an Ordinance adopting the City of Pasco Capital Projects Budget for the
Year 2010.
MOTION: 1 move to adopt Ordiaaace No. 3946. adopting the 2010 Capital Prtjects Budget and.
I`trrthcfr, tO authWizC� publication by:summary only.
10. NEW BUSLNESS:
*(a) 2009 Sewer Extension—Road 34& Margaret Street, Project No. 09-1-02.
1 . Agenda Report from Michael McShane, City Engineer dated December 16, 2009.
2. Vicinity Map.
3. Bid Summary.
(RC) MOTION- [ move to award the low bid for the 2009 ew'—r Extcnsion — RoM 34 &- Margaret
Sixu(A, Project No. 09-1-02 to Sharpe & Preszler Consirtaction Company. Inc_, in the amount ol-
1
$165,524.35.. plus applicably: tax nand, finrther, authorize the Mayor it) sign the cotiLmet
documents.
11. MISCELLANEOUS DISCUSSION:
(a) Oath of Office: City Clerk to administer the Oath of Office to Councilmembers: Mike Garrison
(District 2); Bob Hoffmann(District 3); Joyce Olson (District 4); Tom Larsen(At-Large, Position
7).
Regular Meeting 4 December 21, 2009
12. EXECUTIVE SESSION:
(a) Land Acquisition
(b) City Manager Performance Review
(c)
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
MF# "Master File #.,.."
Q Quasi-Judicial Matter
REMINDERS:
1. 6:00 p.m., Monday, December 21, Conference Room #1 — LEOFF Disability Board Mccting. (MAYOR
JOYCE OLSON and COLTNCILMEMBER MATT WATKINS)
2. 4:00 p.m., Monday, December 28, Port of Benton—Hanford Area Economic Investment Fund Committee
Meeting. (COUNCILMEMBER MATT WATKINS,Rep.; AL YENNEY, Alt.)
3. 6:00 p.m., Wednesday, December 30, CBC Gym—New Year's Tri-Cities "Friends Night Event" Welcome
Address. (MAYOR JOYCE OLSON)
CITY HALL WILL BE CLOSED THE FOLLOWING DA'L'ES:
Friday,December 25 and Friday, January 1
THE FIRST CITY COUNCIL MEETING OF THE NEW YEAR WILL BE HELD:
Monday, January 4, 2010—7:00 p.m.
MINUTES
REGULAR MEETING PASCO CITY COUNC[L DECEMBER 7, 2009
CALL TO ORDER:
The meeting was called to order at 7;00 p.m. by Joyce Olson, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Tom
Larsen, Joyce Olson, Matt Watkins and Al Ycnncy.
Staff present; Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan
Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services
Director; Rick White, Community & Economic Development Director; Jim Raymond,
Police Captain; Bob Gear, Fire Chief and Gretchen Connor, Interim Finance Manager.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA;
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated November 16, 2009.
(b) Bills and Communications:
To approve General Claims in the amount of$2,308,249.51 ($175,161.08 in the fonn of
Wire Transfer Nos. 5345, 5348 and 5354; and $2,133,088.43 consisting of Claim
Warrants numbered 174449 through 174691).
To approve Payroll Claims in the amount of$1,827,456.89, Voucher Nos. 40464 through
40536; and EFT Deposit Nos. 30033723 through 30033996 and 30034103 through
30034376.
(c) PUD Easement on City Well Site (MF 4INF009-112):
To authorize the City Manager to sign the document granting the Franklin County PUD
an easement across the city's well site in the southeast quarter of Section 15, Township 9
North, Range 29 East WM.
(d) Hanford Communities Interlocal Agreement:
To approve the Hanford Communities Interlocal Agreement and, further, authorize the
Mayor to sign the Agreement.
(e) Final Plat: Village at Pasco IIeights, Phase 10 (R.C. Olin) (MF# FP09-004):
To approve the Final Plat for the Village at Pasco Heights Phase 10.
(f) Final Plat: Village at Pasco Heights, Phase 11 (R.C. Olin) (MF# FP09-005):
To approve the Final Plat for the Village at Pasco Heights Phase 11.
(g) Deed for Future Street Right-of-Way for a portion of Wehe Avenue (1VIF
4INF009-106):
To accept the deed from Pasco Family Housing II for a portion of the Wehe Avenue
right-of-way.
(h) Resolution No. 3203, a Resolution approving a land use plan entitled the
Broadmoor Concept Plan.
To approve Resolution No. 3203, adopting the Broadmoor Concept Plan.
I 3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL DECEMBER 7, 2009
MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison
seconded. Motion canied by unanimous Roll Call vote.
VISITORS - OTHER THAN AGENDA ITEMS:
Sandra LePage, 60 Terrace Dr., Franklin County, encouraged Council to continue the
City's contract with the Mid-Columbia Library District.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Larsen attended the Emergency Medical Services Board meeting.
Mr. Hoffmann attended the Franklin County Mosquito Control District meeting.
Ms. Francik attended the Parks and Recreation Advisory Council meeting.
Mayor Olson reported on the Benton Franklin Council of Governments meeting.
Mr. Yenney requested a moment of silence in honor of the Pearl Harbor veterans.
PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
2010 Annual Operating and Capital Projects Budgets.
MAYOR OLSON DECLARED THE PL,BLIC HEARNG OPEN TO CONSIDER THE OPERATING
AND CAPITAL PROJECTS BUDGETS.
FOLLOWNG THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST,AND THERE BEING
NONE,MAYOR OLSON DECLARED THE P[,'BLIC HEARING CLOSED,
Ordinance No. 3945, an Ordinance adopting the City of Pasco Operating Budget for
the Year 2010.
MOTION: Mr. Watkins moved for the first reading of Ordinance No. 3945, for
consideration of the 2010 Annual Operating Budget. Ms. Francik scconded. Motion
carried unanimously.
Ordinance No. 3946, an Ordinance adopting the City of Pasco Capital Projects
Budget for the Year 2010.
OTION: Mr. Watkins moved for the first reading of Ordinance No. 3946, for
consideration of the 2010 Capital Projects Budget. Ms. Francik seconded. Motion carried
unanimously,
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Ordinance No. 3947, an Ordinance of the City of Pasco, Washington, imposing an
additional excise tax on each sale of real property in the corporate limits of the City
of Pasco at a rate of one-quarter of one percent of the selling price and amending
chapter 3.06 of the Pasco Municipal Code.
Council and staff discussed the proposed additional excise tax.
MOTION: Ms. Francik moved to adopt Ordinance No.3947, imposing an additional
excise tax of one-quarter of one percent on the sale of real property and amending
Chapter 3.06 of the Pasco Municipal Code and, further, authorize publication by
summary only. Mr. Garrison seconded. Motion carried by the following Roll Call vote:
Yes—Yenney, Francik, Garrison, Olson. No -- Watkins, Hoffmann, Larsen.
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL DECEMBER 7, 2009
Ordinance No. 3948, an Ordinance amending various Sections of Chapter 2.42
"Personnel" of the Pasco Municipal Code.
MOTION: Mr. Watkins moved to adopt Ordinance No.3948, amending Chapter 2.42 of
the Pasco Municipal Code and, further, authorize publication by summary only. Ms.
Francik seconded. Motion carried unanimously.
UNFINISHED BUSINESS:
Resolution No. 3204, a Resolution approving a Special Permit for Planned
Parenthood of Central Washington for a level one community service facility at
3901 W. Court Street.
MOTION: Mr. Watkins moved to approve Resolution No. 3204, approving Special
Permit 09-005 for a level 1 community service facility for Planned Parenthood at 3901
W. Court Street. Ms. Francik seconded. Motion carried 5-2. No— Larsen, Hoffmann.
Resolution No. 3205, a Resolution denying a Special Permit for a Corn Maze in the
2000 Block of Road 72.
MOTION: Mr. Watkins moved to approve Resolution No. 3205, denying a Special
Permit for Haywire Farms to locate a Corn Maze in the 2000 Block of Road 72. Ms.
Francik seconded. Motion carried 5-2. No— Larsen, Hoffmann.
NEW BUSINESS:
Award Commercial Avenue North Street Reconstruction Project, #10-2-01:
MOTION: Mr. Watkins moved to award the low bid, including Alternate 1, for the
Commercial Avenue North Street Reconstruction Project, #10-2-01 to Granite Northwest,
Inc. in the amount of$727,8 19.20, and further, authorize the Mayor to sign the contract
documents. Ms. Francik seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Crutchfield noted the City's State legislative lobbyist will present an overview of the
legislative process and her perspective on the legislative issues at 4 p.m. tomorrow at City
Hall. Mr. Yenney, Ms. Francik and Mayor Olson indicated they will attend.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:17 p.m.
APPROVED: ATTEST:
Joyce Olson, Mayor Debra L. Clark, City Clerk
PASSED and APPROVED this 21" day of December, 2009.
3
CITY OF PASCO
Council Meeting of:
December 21, 2009
Accounts Payable Approved
The City Council
City of Pasco, Franklin County,Washington
We,the and igned,do hereby certify under penalty of perjury that the materials have been furnished, the
services re d re r the or performed as described herein and that the claim is a just, due and unpaid
obligation i st the city a d that we are authorized to authenticate and certify to said claim.
-1 4 J
Gary Cr tch d,11t,Mari6ger ! Gretchen E. Con r, In rim Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington,
do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer
No-s 5369 and 5371 in the amount of$168,191.70, have been authorized; that Electronic Fund Transfer No's
1007 and 1008 in the amount of$302,944.55, have been authorized;that Check No's 174692 through 174899
are approved for payment in the amount of$2,019,565.46, for a combined total of$2,490,701.71 on this
21 st day of December,2009.
Councilmember Councilmember
SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUND:
GENERAL FUND:
Legislative 1,888.15
Judicial 18,817.09
Executive 875.04
Police 197,561.24
Fire 12,258.66
Administration & Community Services 74,836.05
Community Development 633.15
Engineering 2,832.98
Non-Departmental 84,529.84
Library 1,605.03
TOTAL GENERAL FUND: 395,837.23
STREET 182,474.32
C. D. BLOCK GRANT 12,958.83
KING COMMUNITY CENTER 3,169.57
AMBULANCE SERVICE 10,822.41
CEMETERY 4,345.00
INDUSTRIAL DEVELOPMENT& INFRASTRUCT 2,086.30
SENIOR CENTER 4,622.91
MULTI MODAL FACILITY 1,885.36
RIVERSHORE TRAIL & MARINA MAIN 142.42
LITTER CONTROL 2,465.90
REVOLVING ABATEMENT 1,702.94
PARKS FUND 15,319.49
99 UTGO BONDS LIBRARY/FIRE STATION 303.50
STADIUM/CONVENTION CENTER 1,138.35
2002 UTGO REFUNDING BONDS 303.50
GENERAL CONSTRUCTION 527,137.63
WATER/SEWER 842,139.14
EQUIPMENT RENTAL-OPERATING 26,860.52
EQUIPMENT RENTAL- REPLACEMENT 85,769.02
MEDICAL/DENTAL INSURANCE 168,191.70
CENTRAL STORES 639.41
PUBLIC FACILITIES DIST 0.00
PAYROLL CLEARING 33,484.02
LID CONSTRUCTION 164,527.09
TRI CITY ANIMAL CONTROL 2,375.15
GRAND TOTAL ALL FUNDS: 2,490 701.71
3(b).1
AGENDA REPORT
FOR: City Council DATE: December 16,2009
TO. Gary Crutchfi Manager REGULAR: December 21,2009
Rick Terway, A�Jmini trativ & Community Services Director
FROM: Gretchen E. Conner, an Finance Manager
SUBJECT: BAD DEBT WKII OFF'S/COLLECTION.
1, REFERENCE(S):
Write-off and collection lists are on file in the Finance Department.
I1. ACTION REQUF TED OF-COUNCIL/S'T'AFF RF.Ct]h�IMENDATIOixT
MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery, general
accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and
parking) accounts receivable in the total amount of $214,094,83 and, of that amount,
authorize $166,062,22 be turned over for collection.
Ill. H1ST[ BY AND FACTS 8111EF:
I_ UTILI'T'Y BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under
$10 with no current forwarding address,or are accounts in "occupant" status. Accounts submitted for
collection exceed $10.00.
2. AMBULANCE -These are all delinquent accounts over 90 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs
including DSI1S and Medicare customers; the law requires that the City accept assignment in these
cases.
3. COURT ACCOUNTS RECEIVABLE- These are all delinquent non-criminal and criminal fines, and
parking violations over 30 days past due.
4. QQDE L. FORCEMENT — LlENS; — These are Code Enforcement violation penalties which are
either un-collectable or have been assigned for collections because the property owner has not
complied or paid the fine, There are still liens in place on these amounts which will continue to be in
effect until the property is brought into compliance and the debt associated with these liens are paid.
5. CEMETERY—These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed S 10.00.
7. LJLJ�.ELLANL-QUS- These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed$10.00.
Amount
Direct Referred to Total
Write-offs Collection Write-offs
Utility Billing $ .00 .00 .00
Ambulance $ 48,032.61 25,678.22 73,710.83
Court A/R $ .00 135.300.00 135,300.00
Licns $ .00 4,914.00 4,944.00
Cemetery $ .00 .00 .00
General $ .00 .00 .00
Miscellaneous S .00 140.00 140.00
TOTAL: $ 48,032.61 166,062.22 214,094.83
IV. ADM IN1S'IR-LT VE ROUTING:
cc: Dot French,Municipal Court Clerk
3(b).2
AGENDA REPORT
FOR: City Council December 14,2009
TO: Gary Crutchfiell(t, nager Workshop Mtg.: 12/14/09
Pick White, Regular Mtg.: 12/21/09
Community& Economic Development Director
FROM: Jeffrey B. Adams, Associate City Planner
SUBJECT: Makers Professional Services A ree nerit—Boat Basin/Tank Farni Area Plan (MF#INFO
0909
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
11. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
12/14: DISCUSSION
12/21: MOTION: 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 IMPACT:
S15,000
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 Interlocal agreement to share the cost
of creating a master plan for the Boat Basin/Tank Fann 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.
3��)
Exhibit Vicinity Map
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INTERLOCAL COOPERATIVE PROJECT AGREEMENT BETWEEN
THE PORT OF PASCO AND THE CITY OF PASCO
BY THIS INTFRLOCAL COOPERAX VE AGREE NT, 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 Pott 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 I, 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 flan. 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 $15,000.00 total). The Port
will pay the remainder, provided the entire cost shall not exceed $50,000.00. The Port shall
reimburse the City for its respective share of the cost within thirty (30) days of receipt of an
invoice.
Section 4. The City and the Port may terminate this Interlocal Agreement by mutual
agreement. In the event the Interlocal Agreement is terminated, both the City and the Port will
receive an electronic and hard copy of all work conducted up to the termination date.
Section 5. This Interlocal Agreement shall be construed and enforced in accordance with,
and the validity and performance shall be governed by the laws of the State of Washirzgton,
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 ?. It is not intended that a separate legal entity shall be established to conduct the
cooperative undertaking nor is the acquiring, or holding, or disposing of real or personal property
anticipated. The City Manager and Port Executive Director are designated as the Administrator
of the project.
Section 8. This Interlocal Agreement contains all the terms and conditions agreed upon
by the parties. All items incorporated by reference are attached. No other understandings, verbal
or otherwise, in regard to the subject matter of this Interlocal Agreement, shall be deemed to
exist or to bind any of the parties.
Section 9. This Interlocal Agreement shall be filed or placed on the City's and the Port's
web sites as provided by RCW 39.34,
CITY OF P O
I'�0"to�
Gary CIF hfield, Cit Mana ' . Date
PORT PASCO
. 3 -[9 , 0
es E. Toomey, 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. Seove 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.
2. 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 1St, 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.
5. Hold harmless agreement. 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; $500,000 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. Discri=mination 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. Consultant is an in& Sent 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. PAY 42groval. 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. Intexration. 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.
13. Non-assiable. The services to be provided by the
contractor shall not be assigned or subcontracted without the express
written consent of the City.
14. Covenant against continent 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 ch DAY OF , 2009
CITY OF PASCO CONSULTANT:
By: By:
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
STATE OF WASHINGTON }
}ss
COUNTY OF }
On this day of 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
I. Step 1—Information Gathering & Outreach
A. Project Lick off with City and Port Staff
B. Background review and hale map preparation
The Consultant will conduct field work 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 LA through l.D to
identify the constraints and opportunities of the City of Pasco Boat Basin/Tank Farm
Subarea.
a. Product: Site Characterization Report; The Consultant will produce a summary
of existing conditions which will include base maps, illustrations, and graphics
depicting identified constraints and opportunities, and a summary of findings
related to land use, urban design, access, environment, economy, and utilities in
written form.
Pasco Boat Baainrrank Fann Masler Plan
Makers Scope of Work 1943.2009 rloc 1271109
2. Step 2—Alternatives Development
A. Develop alternatives
The Consultant will develop alternatives that address:
a. Land Use—including "highest and best"use
b. Infrastructure 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 riverfront trail
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 42—Include public in identifying goals and objectives
a. The Consultant will conduct a workshop with stakeholders and the public to
present and validate findings and establish project goals and objectives.
b. 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 Beat Sasir,Tank Farm Master Pan
Makers Scope of Work 12.03-2009.doc 12/17109
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 nnarketability
and enhancing property values
C. Present findings to Planning Commission (Workshop)
Product: Workshop results/Preliminary 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 Preferred Alternative Draft to stakeholders and the public
setting Priorities for projects and investments, and proposing 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 Farm area's appeal as an attractive place to
live, run a business, or recreate.
P. Present results to elected officials
F. Update and issue final master plan
Product: A concise docuinent designed specifically for 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 Boa[BasiNrank Fa"Master Plan
AMkers Swpe of Work 12.03-2009.doc 12-011109
PASCO BOAT BASIN 1 TANK FARM SUBAREA MASTER PLAN
November 17, 2009
HOURS
Personre! GH is SK TOTAL
Hourly Rate: $185 $150 $85 AMOUNT
1 Information& Outreach
i
a Project Kick Off 8 8 8 $3,360
b Background review& base map prep 1 4 16 $1,960
c Stakeholder interviews 8 8 8 $3,360
d Community workshop #1 2 g 16 $2,930
e Analyze opportunities&constraints; produce Site T -
Characterization Report 2 12 24 $4,210
2 Alternatives Development
f Develop alternatives 4 8 16 $3,300
g Community workshop#2 8 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 4 17 32 $6,010
M Present findings to elected officials g 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 p T•ip- $/Trip Cost
Haael .t50 250.017 ?54.04
Mea:� i 3.00 x8.00 2.5.04
Milea.ge io P:s:= 3.00 249,70 749,10
Reproduction Totai# Rate Cost
Ca.or-6-Ire`.'x 11"Winal Repartee,60 p39$s;5 oo1 9) 190.00 b.M 154,60
1L.args tot+0mr.'24 x;6 Cakar'for Wark Saaaw s SO.00 8.00 240.00
TOTAL 2.118.90
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
8udgM_I 11709.x1a -11117Y2009
T'0"
i
Step 1 Report DYaft Report Final Roport
Stat�eholc#er
fritery€eve Workshop I Workshop 2 Workshop 3
. i
AGENDA REPORT
TO: City Council' December 10, 2009
FROM: Gary Crutch �vtanager Workshop Mtg.: 12/14//09
Regular Mtg.: 12/2 l/09
SUBJECT: Interlocal Agr }merit 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.
Ill. 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-tune
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
`Cask Force operations and one full-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.
3(d)
Please return recorded document to:
Kennewick City Clerk
P. O. Box 6108
Kennewick, WA 99336
METRO INTER.LocAL 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
I. 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 1NTERLOCAL AGREEMENT
Page 1 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 ot'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.
5. 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.
S. 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:
SECTION 1 —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 Sheriffs Departments of
Benton and Franklin Counties.
C. "Department of Commerce"means the Washington State Department of Commerce.
METRO INTERLOCAL AGREEMENT
Page 2 of 12
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 Cotuity 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 8.h, 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 3 of 12
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 detennined 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/TERMINATION
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 151
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 151 of any
given year to be effective July 1 st of that year.
METRO 1NTERLOCAL 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 ot'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 1" 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 maybe 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 assignment 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 Force operations
and this may be contingent upon funding.
d. The Executive Board, by rnajority 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 TNTERLOCAL AGREEMENT
Page 5of12
(1) The forfeiture of all (100%) 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—ADMINISTRATION
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 hNCPF 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.
b. 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 and any remaining loss shall be shared as set forth above.
METRO r TERLOCAL AGREEMENT
Page 6of12
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.
SECTIo 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 difterent 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 Ta 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, 1985, 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 7 of 12
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 .tune 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 1.00 1.00 1.00 1.00 1.00 5.00 14.29%
Franklin County 1.00 1100 1100 1100 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 LNCPF 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 fund 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 8of12
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 RCW 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 maybe 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 be apportioned among the parties or
other at-fault persons or entities in accordance with the laves of the State of Washington.
Nothing herein shall be interpreted to;
a. Waive any defense arising out of RCW Titic 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 damage awards or for any order imposing fines or
sanctions.
SECTION 11 —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 INTERLOCAL 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 INTERLOCAL AGREEMENT
Page 11 of 12
BENTON COUNTY FRANKLIN COUNTY
MAX E. BENITZ, JR, Chairman RICK MILLER, Chairman
LEO BOWMAN, Commissioner ROBERT E. KOCI1, Commissioner
JAMES BEAVER, Commissioner BRAD PECK, Commissioner
Attest: Attest:
CAMI MCKENZIE, Clerk of the Board MARY WITHERS, Clerk of the Board
Approved As To 1~onn: Approved As To Form:
ANDREW MILLER STEVE LOWE !�
Benton County Prosecutor Franklin County Prosecutor
METRO 1NTERLOCAL AGREEMENT
Page 12 of 12
AGENDA REPORT
TO: City Council December 9, 2009
FROM: Gary Crutehfi Manager Workshop Mtg.: 12/14/09
Regular Mtg.: 12/21/09
SUBJECT: Appointment o Municipal Court Judge
I. REFERENCE(S):
1 , Proposed Resolution
II. 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
J udge.
111. 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 terms, 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. Judgc 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.
3(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 term 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 8, 2009
TO: Gary Crut -eld, C ager W/Shop Mtg.: 12/14/2009
Rick Te A r ' istrad e & Community
,_e[-%r ces Dir to Regular Mtg.: 12/21/2009
FROM: Debbie Clark, City Cler
SUBJECT: A resolution authorizing the disposal of surplus property.
I. REFERENCE(S):
1. Memorandum from David Renzelman, Crime Specialist/Evidence Technician
2, Proposed Resolution
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
12/14: Discussion
12/21: Motion: I move to approve Resolution No, authorizing the sale of
seized/asset forfeiture property considered surplus to City needs.
Ill. BISCAY.IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) The Police Department has acquired fourteen (14) weapons through seized/asset
forfeiture. The weapons have been 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 inclLision of the
above referenced weapons for auction.
D) In comparison with other auctioneers, this proposal is most advantageous to the
City.
3(fi)
Pasco Police RECEIVED i
Seizure / Asset Forfeitures
Evidence Inventory Disposition Request"
8 December 2009 CCITT CLERKS OFFICE �
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 #
0937286 482368 Sentinel Deluxe .22 1838935
0943262 411561 Arcadoa MA Automag .22 M21789
411571 Savage Rifle .17 0700181
411570 Mossberg Shotgun .12 P655196
0838135 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
i
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; and;
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
0838135 445943 Norinco MAK90/AK47 7.62 37007587
445945 Ruger Rifle 10/22 .22 LR 254-96545
445944 Interarms Rifle 22 ADT .22 LR ! 411203
0804362 420876 Ruger Rifle 10/22 .22LR 234-28823
0849559 453547 Gevarsfaktori Rifle 6.5 x 55 309654
0904218 46C724 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 Inter arms 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 i Manager Workshop Mtg.: 12/14/09
Rick Terway, ve and Community Regular Mtg.: 12/21/09
Services Dir or
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 RF.QtrESTED OF COUNCIL/STAFF RECOMMENDATIONS:
12/14: Discussion
12/21: MOTION: I move to approve Resolution No. 3arm authorizing
public auction and/or sale of one vehicle considered surplus to City
needs.
III. FISCAL II1-;{PACT:
N/A
IN. 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/Grumman, 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 recommends 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.
3(g)
MEMO RECEIVED
TO: Debbie Clark "('°Il
FROM: Chief Bob e
CITY CLERKS OFFICE
R1 : 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!Grumman Pumper
Manufacturer: Mack/Gnimman
Serial Number: 1MZH197C9KM001045
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: MG-688-FC
SERIAL#: 1M2Hl97C9KMG01045
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
SERIAL#: 15609W
NOTE: 1500 GPM @ 1105 PSI
TANK: 750 GALLONS
This pumper was used for structure fires
RESOLUTION NO. 3D
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 197C9KM001045
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 21 st day of December, 2009.
Joyce Olson, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Lee Kerr, City Attorney
AGENDA REPORT NO. 42
FOR: City Council December 14, 2009
ji ,TO: Gary Crutcanager
Robert J. A rks Director
FROM: Michael Mcty Engineer Regular Mtg.. 12/21/09
SUBJECT: Accept 2009 Irrigation System Improvements-Road 44, Project#09-7-01
I. REFERENCE(S):
1. Resolution
ll. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
12/21: MOTION: I move to approve Resolution No. .3c—)-09accepting the work
performed by Sharpe & Preszler Construction Company, under
contract for the 2009 Irrigation System Improvements-Road 44,
Project 409-7-01.
III. FISCAL IMPACT:
Water/Sewer Fund— Irrigation Utility
IV. HISTORY AND FACTS BRIEF:
A) On July 20, 2009, Council awarded the Irrigation System Improvements-Read 44,
Project 909-7-01 to Sharpe & Preszler Construction Company for $233,546.78
V. DISCUSSION:
A) The Final project cost was $244,287.46. The overage was due to additional work
necessary to install the irrigation main.
The work is now complete and staff recoxnmends acceptance of this work.
3(h)
RESOLUTION NO. �� +
A RESOLUTION ACCEPTING WORK PERFORMED BY SHARPE & PRESZLER
CONSTRUCTION COMPANY UNDER CONTRACT FOR THE 2009 IRRIGATION
SYSTEM IMPROVEMENTS-ROAD 44, PROJECT#09-7-01.
WHEREAS, the work performed by SHARPE & PRESZLER CONSTRUCTION
COMPANY, under contract for the 2009 Irrigation System Improvements-Road 44, Project#09-
7-01 has been examined by Engineering and has been found to be in apparent compliance with
the applicable project specifications and drawings, and
WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the
contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with Engineering recommendation and thereby accepts the work performed
by Sharpe & Preszler Construction Company under contract for the 2009 Irrigation System
Improvements-Road 44, Project #09-7-01 as being completed in apparent conformance with the
project specifications and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Manager.
PASSED by the City Council of the City of Pasco this 21st day of December, 2009.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark Leland B. Kerr
City Cleric City Attomey
GENERAL FUND OPERATING STATEMENT
THROUGH NOVEMBER 2009
CASH BASIS
YTD % OF YTD TOTAL % OF
2009 2009 ANNUAL 2008 2008 TOTAL
ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL
REVENUE SOURCES:
TAXES:
PROPERTY 5,644,646 5,725,000 98.6% 5,459,139 5,805,868 94.0%
SALES 7,252,239 8,580,000 84.5% 8,341,586 8,980,651 92.9%
UTILITY 7,039,251 7,360,000 95.6% 6,847,457 7,612,492 90.0%
OTHER 906,436 980,000 92.5% 896,901 957,621 93.7%
LICENSES & PERMITS 1,498,296 1,009,300 148.4% 1,329,468 1,364,959 97.4%
INTERGOV'T REVENUE 1,185,923 1,327,300 89.3% 1,501,231 1,798,308 83.5%
CHARGES FOR SERVICES 2,325,419 2,788,800 83.4% 2,272,098 2,705,427 84.0%
FINES &FORFEITS 869,804 982,400 88.5% 830,913 980,468 84.7%
MISC. REVENUE 682,565 786,800 86.8% 725,104 897,283 80.8%
OTHER FINANCING SOURCES 279,936 1,142,000 24.5% 37,026 39,776 93.1%
TOTAL REVENUES 27,684,515 30,681,600 90.2% 28,240,923 31,142,853 90.7%
BEGINNING CASH BALANCE 6,845,445 6,500,000 7,008,990 7,008,990
TOTAL SOURCES 34,529,960 37,181,600 92.9% 35,249,913 38,151,843 92.4%
EXPENDITURES:
CITY COUNCIL 98,216 116,000 84.7% 98,005 107,538 91.1%
MUNICIPAL COURT 1,117,593 1,182,700 94.5% 1,011,891 1,127,148 89.8%
CJTY MANAGER 747,572 873,425 85.6% 684,977 755,382 90,7%
POLICE 9,787,309 10,819,398 90.5% 9,536,456 10,343,396 92.2%
FIRE 3,630,737 4,126,320 88.0% 3,733,497 4,128,399 90.4%
ADMIN & COMMUNITY SVCS 4,838,790 5,243,540 92.3% 4,631,569 5,103,431 90.8%
COMMUNITY DEVELOPMENT 1,020,548 1,101,400 92.7% 1,040,963 1,149,262 90.6%
ENGINEERING 1,274,700 1,172,835 108.7% 1,132,672 1,256,443 90.1%
MISC. NON-DEPARTMENT 4,283,538 7,148,875 59.9% 4,629,510 6,203,283 74.6%
LIBRARY 1,141,788 1,272,575 89.7% 1,032,713 1,132,116 91.2%
TOTAL EXPENDITURES 27,940,791 33,057,068 84.5% 27,532,253 31,306,398 87.9%
ENDING FUND BALANCE 4,124,532 6,845,445
TOTAL EXPEND AND END FUND BAL 37,181,600 38,151,843
AVAILABLE CASH BALANCE 6,589,169 7,717,660
PERCENTAGE OF BUDGET ALLOCATED FOR 11 MONTHS 917%
•Authorized but non-budget expenditures of $629,000 (cumulative)which will effectively reduce the
ending fund balance.
These statements have been adjusted to the Cash Basis of Accounting to provide an available cash balance
at month end. The City's CAFR is prepared using the Accrual Basis of Accounting.
These statements are intended for Management use only. 6(b)
AGENDA REPORT
Date: December 4, 2009
FOR: City Council Workshop Meeting: December 14, 2009
Regular Meeting: December 21, 2009
TO: Gary Crutchfi y Manager
FROM: Gretchen Conner, Interim Financ' l rvices Manager
SUBJECT: 2009 BUDGET SUPPLEMEN - REVISED
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 I —2009 Budget Supplement Worksheet
II. ACTION REQUESTED OF COUNCIL/STAFF 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$451,500
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:
7(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 ADJUSTMENT AUTHORITY.
WHEREAS, staff has identified the need to make certain revisions to the 2009 Annual Operating Budget
originally adopted through Ordinance No.3$92 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 $70,000 $70,000
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 S 451,500 $ 451,500
The above items are shown as revenues and appropriations to specific budgets and items within budgets in the
attachment marked"Exhibit 1 -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 for the 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,Citv 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 $3705,250
§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 Clerk 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 SLIM 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 21st day of December 2009,
SIGNED in authentication of its passage this 21st' 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 EAPETTAL Co nity Services Director
From: Gretchen Conner, Interim Finices Manager
Subject: 2009 OPERATING AND IMPROVEMENTS P ROJECTS BUDGET
SUPPLEMENT - REVISED
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.
REVISION: Since the Council Workshop meeting on December, 14, 2009, it has come to our
attention that an additional change is necessary because of the recent weather events (snow and ice
storms) that will result in additional unanticipated expenditures within the City Street Fund. The
affected line items will be amended accordingly. An additional $30,000 in budgetary spending
authority is recommended for this fund, and the source of funding will be an increase in the transfer
from the General Fund. The revised transfer will total $70,000. This revision will provide for the
anticipated higher spending level
GENERAL FUND
The following departments require additional authority to cover unanticipated expenditures. Please 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.
1
2009 Operating & Capital Budget Supplement Memorandum
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.
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 $388,200, 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
$1,795,300. 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$451,500 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 $70,000 in additional spending authority for various Street Fund line
items. This amount is higher than my original memorandum by $30,000 specifically resulting from the
recent weather events (snow and ice storms) which will cause this fund to exceed budget at year end
without the additional spending authority for 2009.
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, and another $5,000 is needed to cover salaries and
benefits expected to exceed budget by year end. In Snow and Ice Removal, an increase of $35,000 is
needed in salary and benefit line items,and an additional $10,000 is needed to cover the cost of supplies
related to unanticipated weather events, in particular the recent snow and ice storms. 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.
2
2009 Operating & Capital Budget Supplement Memorandum
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.
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.
3
2009 Operating & Capital Budget Supplement Memorandum
TRAC Continued; 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.
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 $ 70,000 $ 1,750 $ 78,750 1/20/09
-Approaches#107304 S 7,000 9/8/09
Library Remodel #608601 $ 150,000 5 26,500 $ 176,500 6/15/09
Memorial Pool Slides
#609604 $3,100,000 $350,000 $3,450,000 9/21/09
TOTAL $3,320,000 $385,250 $3,705,250
4
EXHIBIT 1 2009 BUDGET SUPPLEMENT SUMMARY
GENERAL FUND EXPENDITURES I I REVENUES
MUNICIPAL COURT
MUNICIPAL COURT
010-120-51250 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. OfficelOper. 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 EXPENDITURE5 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 70,000
010-905-59700 555010 Operating Transfers-Out to Arterial Street Fur 141,100
010-905-59700 555010 Operating Transfers-Out to MILK Comm. Ctr, Fi 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
388,200
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 (1,795,300�,_
TOTAL GENERAL FUND -
OTHER OPERATING FUNDS
CITY STREET FUND EXPENDITURES I REVENUES
TRAFFIC CONTROL DEVICE MAINTENANCE
110-740-54264 511010 Salaries &Wages 5,000 -
110-740-54264 531021 Paint& Painting Supplies 20,000 -
SNOWAND ICE REMOVAL
110-740-54266 511010 Salaries &Wages 15,000 -
110-740-54266 512010 Overtime 20,000 -
110-740-54266 531070 Chemical & Lab Supplies 10,000 -
110-000-00000 439730 Operating Transfer In from General Fund - 70,000
TOTAL CITY STREETS FUND 70,000 70,000
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 521 D70 State Indusirial 2,000 -
145-440-57550 541050 Janitorial Services 1,500 -
145-440-57550 548020 Repair& Maintenance - Bldg. 6,800
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
191-961-57541 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 $451,500 $451,500
TOTAL OTHER FUNDS INTERFUND LOANS - $1,206,000
CAPITAL IMPROVEMENTS PROJECTS
Current Increase In Total New
[PROJECTS PROJECT NUMBER Authority Authority Authors
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 3,450,000
TOTAL PROJECTS $ 3,320,000 $ 385,250 $ 3,705,250
AGENDA REPORT
FOR: City Council December 9, 2009
TO: Crary Crutchfield, •I r�ager Workshop Mtg.: 12/14/09
Rick White, qq-� Regular Mtg.: 12121/09
Community &Eco omit Development Director
FROM: David I. McDonald, City Planner
SUBJECT: Code Amendment: Recreational Vehicles and :tilobile Home Parks (MF# CA 09-003
I. REFERENCE(S):
I. Proposed Ordinance
2. Memo to the Planning Commission Dated 11/19/09
3. Planning Commission Minutes Dated 10/15/09 and 11/19/09
11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
12/14: DISCUSSION
12/21: MOTION: 1 move to adopt Ordinance No. , an Ordinance amending
PMC Titles 19 & 25 dealing with locationai 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 fi•om 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 current 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 #1.
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.
R. 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.
8(a)
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 are
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. "Mobiles dwelling,
body feet or me f Lq in ,gt. an eight body feet e.. e is nz-� .idth, designed for lra fi s erta4i
`,
after fabdeatiefl, E3n streets and 4 wheels, md esigaad to be i ed E�,'ri�
& J.l g-�.) neat-toy . r re --ties, and
Mv444,Lx-anti epar l ii l •,T ef: a
15,1976. "Mobile home" means a factory-built dwellinp, built prior to June 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) ly I'-- ent in -a
ril il+ park-
t i tanks.-For
pu. s,n ef!his T.+, „_ t� ne -R- reatioii
Park m+- els do
d l h.5 feet in- ; "Park model”
means a recreational vehicle manufactured for permanent or semi-permanent installation and is
used as a primary residence-, RCW 59.20.030 14 (2) "Primary Residence" means a recreational
vehicle used for dwelling purposes for more than 6 six months of the ear.(24 (3) "Recreational
r reern
of va,�ar u5e, athtg and
releet -
, 7 -, tent
tr-ailef:s, fifth wheels and tr-avei ifailer-s; tents afe ei-ieluded, A r-eer-eatienetl N,eW-ele shall have a
body widtl �e east-and a body-ler3
r•,ioLa,-„ egL4 r.rt.3fl "Recreational vehicle" means a travel trailer, motor home, truck
camper, or camping 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) (f) "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, (5) (6 "Sanitary Station or Sanitary Dumping Station" means a facility used
for removing and disposing of wastes from recreational vehicle sewage holding tanks; and (6) (Z)
"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 carne is
hereby amended to read as follows:
25.40.020 PER1vtlTTED 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, er site-built homes or recreational vehicles occupied as a
p imary 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) 'Nrt -=�Aeze sees-
shall be penvitted witliin ° , 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 REQUIREMENTS. (1) 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, e��r
unless the recreational vehicle conforms with
the rcquirements_provided in 19.24,080. Occupancy itt a par- 'of a recreational vehicle for more
than 180 days in any 12-month period shall be conclusively deemed to be permanent occupancy.
Itri +nt ,t=#1
; (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 propgrly permitted and meet all building and safety
requirements; (5) No space within a recreational vehicle park shall 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
1,ody Wei length-and 6,, ( uti4 _r,r-_FP %"dth, designed f +F,.,,...�nt:.,�more
ifter 4- abr4eatiaR, ll-- 1%%1 Wheel athed er other--Lnile .
designed -to—b— s.rS.
uWifier,, and TLkL llJ TTLLLI!LlII1
enn be €e- jutte 1-5, 1 : "Mobile home" means a factor -built dwellin built vrior to
June 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. (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. ]healed. "Recreational vehicle" means a travel
trailer, motor home, truck camper, or camping 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.
Section S. 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 II ^TALr ? T STAB'1' '_"2 119-
Teak-d INSTALLATION
STANDARDS FOR RECREATIONAL VEHICLES USED AS PRIMARY RESIDENCES.
Pursuant to and as authorized by RC'A1 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
other approved rigid piVing; (4) Holding tanks must be protected from freezing No external
propane tanks will be permitted unless 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
the onboard propane tank; (6) External propane tanks must be located out of vehicle pathways or
parking pads. External propane tanks must be secured to the ground to prevent 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 parks where toilet and
shower facilities meeting the followinz standards are provided:
(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) restroom facilities provided for each gender be
properly 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 sender.
(8) 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, of mobile home or a
recreational vehicle used as a primary 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
home.,ei=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 prima; residence to a site within the
City until an installation permit 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
accompaiued by one complete and legible copy of such installation recommendations.
Recreational vehicles used as orimary 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 yehiole used as a primary 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 dealing 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 Law.
Accordingly staff has modified the proposed code amendments to focus on those
areas emphasized in the law.
1
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-widel IMF# CA 09-0031
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 Grawth 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 he 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 & 25 Dealing with RV's and
Residential Parks (Citywide) (City of Pasco)
(MF# CA 09-003)
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
FOR: City Council December 7, 2009
TO: Gary Crutchfie Manager Workshop Mtg.: 12/14/09
Regular Mtg.: 12/21/09
FROM: Lynne Jackson, uman Resources Manager
SUBJECT: 2010 COLA for Non-Represented Employees
1. 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
12/21: 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: 1 move to adopt Ordinance No. , providing a cost-of-living
adjustment in the management salary plan for year 2010 and, further,
authorize publication by summary only.
III. FISCAL IMPACT:
Estimated fiscal impact of 1% cost of living adjustment:
• Non-management: 536,500
• Management: $20,000
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 (CPI) 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°/n.
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% CP1 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 norr-management).
8(b)
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-
rnanagemenl/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 (5) days after passage and publication
according to law.
PASSED by the City Council of the City of Pasco at a regular meeting this 2151 day of
December, 2009.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B.Kerr, City Attorney
ADMINISTRATIVE/PROFESSIONAL WAGE SCALE-2010 Exh bit A
(Non-Represented/Non-Management)
Position Grade Step Step Step Step Step Step Step Step Step Step Step MAX
EL 1 2 3 4 5 6 7 8 9 10 Merit
Department Assistant I 5 10.43 10.64 10.85 11.07 11.29 11.52 11.75 j 11.98 12.22 1247 12.72 13.74
Administrative Assistant 1 25 15.50 j 15.81 16.13 16.45 16.78 17.12 17.46 j 17.81 18.16 18.53 18.90 20.41
Cemetery Cust.Serv.Rep. 26 15.81 16.13 16.45 16.78 17.12 17.46 17.81 18.16 18.53 18.90 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 Cleric
Legal Secretary 1
Probation Services Clerk
Accounting Clerk 33 18.16 18.53 18.90 I, 19.28 19.66 1 20.05 20.46 20.86 E 21.28 21.71 22.14 23.91
Administrative Assistant 2 t
Deputy City Clerk
Engineering Technician 1
IS Technician:GIS
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 23.50 23.97 24.45 26.40
Court Services Specialist
Legal Secretary/Paralegal
Payroll Specialist
PC Specialist
Planner 1
Recreation Specialist 4
RN
Engineering Technician 2 40 20.86 21.28 21.71 22.14 22.58 23.04 23.50 23.97 24.45 i 24.94 25.43 27.47
Executive Administrative Assistant
I I I
Court Probation Officer 41 21.28 21.71 22.14 22.58 23.04 23.50 23.97 24.45 24.94 25.43 i 25.94 28.02
Lead Recreation Specialist J
Mapping/CADD Technician j
Staff Accountant
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 1
Construction Inspector
Safety/Environ.Reg.Spec.
Associate Planner 47 23,97 24.46 24.94 25.43 25.94 26.46 26.99 27.53 28.08 28.64 29.22 31.55
HR Analyst/Assistent
Plans Examiner i
City Clerk 49 24.94 25AS 25.94 26.46 26.99 27.53 28.08 28.64 I 29.22 29.80 30.40 32.83
Network Administrator I
Senior Accountant
Associate Engineer 51 25.94 26.46 26.99 27.53 28.08 i 28.64 2922 29.80 30.40 31.00 31.62 34.15
Accounting Supervisor 54 27.53 28.08 28.64 29.22 29.80 30.40 ! 31.00 31.62 32.26 32.90 33.56 36.24
Associate Engineer 2
Communication Specialist I
Instrumentation Technician
City Planrer 56 1 28.64 29.22 29.80 30.40 31.00 31.62 32.26 32.90 33.56 34.23 34 92 JI 37.71
Senior Engineer 58 29.80 30.40 31.00 31 62 �.. 32.26 32.90 33.56 34,23 34.92 35.61 36.33 39.23
Con struction Manager 51 1 31.62 32.26 1 32.90 i 33.56 34.23 1 34.92 35.61 1 36.33 1 37.05 37.79 1 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 2.009 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 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 Iisted 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.
PASSFD 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, WIWW 6,909
Ins ec. Serv. Mgr 6,552
Rec Services Mgr 6,552
Facilities Mgr. 6,195
Court Admin 6,195
Asst Field Mgr 5,719
Cust Sery/Billin 5,465
AGENDA REPORT
FOR: City Council Date: December 7, 2009
Regular Meeting: December 21, 2009
TO: Gary Crutchfiel t, Tanager
Rick Terway,A nin. & Community Services Direct r
FROM: Gretchen Conner, Interim Financial Services ger
SUBJECT: 2010 ANNUAL OPERATING AND CAPITAL PROJECTS BUDGETS
I. REFERENCE(S):
A) Proposed 2010 Annual Operating Budget Ordinance.
B) Proposed 2010 Capital Projects Budget Ordinance.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATION:
A. Second Reading of Ordinances
B. MOTION: 1 move to adopt Ordinance No.3945, adopting the 20I0 Annual
Operating Budget and to authorize the publication by summary only.
C. MOTION: I move to adopt Ordinance No.3946, adopting the 2010 Capital
Projects Budget and to authorize the publication by summary only.
III. FISCAL IMPACT:
A) $104,596,732 - Annual Operating Budget
B) $ 12,430,000 -Net Increase to Capital Projects Authority
IV. HISTORY AND FACTS BRIEF:
The 2010 Preliminary Budget was discussed at the Council workshop meeting held on
November 9, 2009. General Fund Revenues and Expenditures were discussed as well as
other operating find budgets and each City Department Head gave a briefing and
answered questions regarding oversight of their respective operating and capital projects
budgets.
On December 7, 2009 following a brief presentation of both the Operating and the Capital
Projects Budgets, a Public Hearing was held. Following the Public Hearing it was moved
for the first reading of the two budget ordinances and ordinance numbers were assigned.
There were no public comments nor was there any testimony for or against the passage of
either ordinance.
A copy of the 2010 Preliminary Budget document is available for review at the Pasco
Public Library. The document is also available for viewing and printing from the City's
internet site at www,l)asco-wa.ov by finding and clicking Publications , then moving
the pointer over to and clicking Financial info & Reports then clicking on 2010 Annual
Operations and Capital Improvement Preliminary Budget.
V. DISCUSSION:
Since the November 0 workshop meeting, it was discovered that the Personnel
Summary for Community Development should reflect one (1) Code Enforcement Officer.
This change has been made, and corrected pages have been disseminated accordingly. No
change in budgetary appropriations is necessary.
9(a)
ORDINANCE N0. 3� I
AN ORDINANCE ADOPTING THE CITY OF PASCO OPERATING BUDGET FOR THE YEAR 2010.
WHEREAS, subsequent to due notice and public hearing thereon,the City Council of the City of Pasco has approved
an operating budget for the year 2010;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON DO ORDAIN AS FOLLOWS:
Section One. The following budget containing the totals set forth for each fund for the year 2010 is hereby adopted,
FUND EXPENDITURE REVENUE
GENERAL FUND $ 35,472,837 $ 35,472,837
CITY STREET FUND 1,340,500 1,340,500
ARTERIAL STREET FUND 6,320,100 6,320,100
1-182 CORRIDOR TRAFFIC IMPACT FUND 426,000 426,000
STREET OVERLAY FUND 1,416,000 1,416,000
COMMUNITY DEVELOPMENT BLOCK GRANT FUND 913,175 913,175
M.L, KING JR. COMMUNITY CENTER FUND 147,100 147,100
AMBULANCE SERVICES FUND 2,131,400 2,131,400
CONTINGENCY FUND 169,000 159,000
CITY VIEW CEMETERY FUND 264,200 264,200
ATHLETIC PROGRAM FUND 207,325 207,325
SENIOR CENTER OPERATING FUND 279,900 279,900
MULTI-MODAL FACILITY FUND 67,200 67,200
BI-CENTENIAL FUND 6,150 6,150
RIVERSHORE TRAIL 8 MARINA MAINTENANCE FUND 25,250 25,250
SPECIAL LODGING ASSESSMENT FUND 191,300 191,300
LITTER ABATEMENT FUND 20,600 20,600
REVOLVING ABATEMENT FUND 382,100 382,100
TRAC DEVELOPMENT& OPERATING FUND 270,300 270,300
PARK DEVELOPMENT FUND 2,084,200 2,084,200
CAPITAL IMPROVEMENTS FUND 3.080,000 3,080,000
INDUSTRIAL DEVELOPMENT 8 INFRASTRUCTURE FUND 855,000 855,000
STADIUM 1 CONVENTION CENTER FUND 259,740 259,740
1999 GENERAL OBLIGATION BOND FIREILIBRARY FUND 258,500 258,500
2002 GENERAL OBLIGATION REFUNDING BOND FUND 608,000 608,000
WATER I SEWER UTILITY FUND 29,326,955 29,326,955
EQUIPMENT RENTAL OPERATIONS FUND-GOVERNMENT TYPE 882,450 882,450
EQUIPMENT RENTAL OPERATIONS FUND- PROPRIETARY TYPE 433,450 433,450
EQUIPMENT RENTAL REPLACEMENT FUND-GOVERNMENT TYPE 3,613,950 3,613,950
EQUIPMENT RENTAL REPLACEMENT FUND-PROPRIETARY TYPE 1,660,550 1,660,550
MEDICAL 1 DENTAL INSURANCE FUND 4,720,000 4,720,000
CENTRAL STORES FUND 46.500 46,500
CEMETERY TRUST FUND 390,000 390,000
CEMETERY PRE-NEED TRUST FUND 96,000 96,000
BOULEVARD PERPETUAL MAINTENANCE FUND 1,567,000 1,567,000
OLD FIREMEN'S PENSION TRUST FUND 3,490,000 3,490,000
LANDFILL REMEDIATION FUND 388,000 388,000
LOCAL IMPROVEMENT DISTRICT GUARANTY FUND 786,000 785,000
GRAND TOTAL ALL FUNDS $ 104,596,732 $ 104,596,732
Section Two. This Ordinance shall be in full force and effect on January 1, 2010.
PASSED by the City Council of the City of Pasco this 21 st day of December.2009.
ATTEST:
Joyce Olson, Mayor
Debbie Clark, City Cleric
Approved as to Form: Leland B. Kerr, City Attorney
Attachment A
ORDINANCE NO. 39 LT
AN ORDINANCE ADOPTING THE CITY OF PASCO CAPITAL PROJECTS BUDGET FOR THE YEAR 2010
WHEREAS,subsequent to due notice and public hearing thereon,the City Council of the City of Pasco has approved the
fallowing Capital Projects Budget for the year 2010; NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS:
Section One. That capital projects are hereby authorized as detailed below. The following schedule summarizes
(1)newly authorized projects, (2)previously authorized projects which have had authorization increased,
(3)previously authorized projects which have had authorization increased, and(4) previously authorized
projects which have hac authorization decreased.
INCREASE TOTAL
PREVIOUS (DECREASE) NEW PROJECT
CAPITAL PROJECTS' AUTHORITY AUTHORITY PROJECT AUTHORITY
CHIAWANA PARK UPGRADES $0 $0 210,000 $210,000
LUCAS PARK RENOVATION 0 0 60,000 60,000
ROAD 54(ERWEN PROPERTY)IMPROVEMENTS 0 0 30,000 30,000
SOCCER FACILITY 0 0 200,000 200,000
20TH AVENUE GATEWAY 0 0 100,000 100,000
4TH AVE CORRIDOR-NORTH SEGMENT 0 0 300,000 300,000
IRRIGATION SYSTEM IMPROVEMENTS 0 0 100,000 100,000
WELLHOUSES 0 0 150,OCO 150,000
PROC.WATER REUSE FACILITY IRRIGATION UPGRADE 0 0 110,000 110,000
COMMERCIAL AVE SEWER LINE EXTENSION&PUMP ST 0 0 500,000 500,000
2010 MISC SEWER IMPROVEMENTS 0 0 70,000 70,000
2010 SEWER LINE EXTENSIONS 0 0 500,000 500,000
2010 SEWER LINE REPLACEMENTS 0 0 500.000 500,000
2010 WASTE WATER TREATMENT PLANT EXPANSION 0 0 330,000 330,000
2010 MISC STORMWATER IMPROVEMENTS 0 0 60,000 60,000
2010 STORMWATER COMPLIANCE 0 0 150,000 150,C00
2010 ANNUAL OVERLAY&CRACK SEAL 0 0 910,000 910,000
COMMERCIAL AVENUE IMPROVEMENTS 0 0 840,000 840,000
HARRIS ROAD REALIGNMENT 0 0 250,000 250,000
2010 MISC STREET IMPROVEMENTS 0 0 50,000 50,000
2010 MISC TRAFFIC SIGNAL IMPROVEMENTS 0 0 100,000 100,000
ROAD 68 IMPROVEMENTS 0 0 300,000 300,000
BROADMOOR PUMP STATION IMPROVEMENTS 0 0 600,000 600,000
COMMERCIAL AVENUE WATERLINE EXTENSION 0 0 250,000 2501000
2010 MISC WATER IMPROVEMENTS 0 0 80,000 80,000
ROAD 100 CORRIDOR NORTH 0 0 40,000 40,000
2C10 WATER DISTRIBUTION LINE EXTENSIONS 0 0 300,000 300,000
2010 WATER FILTRATION PLANT IMPROVEMENTS 0 0 200,000 200,000
2010 WATER METER REPLACEMENTICROSS CONNECT 0 0 140,000 140,000
E ROAD 40 SEWER EXTENSION 50,000 1,000,000 0 1,050,000
"A"ST AND SR 12 INTERCHANGE 20.000 10,000 0 30,000
LEW,S STREET OVERPASS 200,000 3,990,000 0 4,190,000
TOTAL $ 270,000 $ 5,000,000 $ 7,430,000 S 12,700,000
Section Two. This Ordinance shall be in full force and effect on January 1,2010.
PASSED by the City Council of the City of Pasco this 21st day of December,2009,
ATTEST:
DEBRA CLARK,CITY CLERK JOYCE OLSON,MAYOR
APPROVED AS TO FORM: LELAND B.KERR,CITY ATTORNEY
Attachment B
AGENDA REPORT NO. 41
FOR: City Council December 16, 2009
TO: Gary Crutchfie `.` Manager
Robert Alberts, Public Works Director
FROM: Michael McS 'ity Engineer Regular Mtg.: 12/21/09
SUBJECT: Award 2009 Sewer Extension — Road 34 & Margaret Street, Project 409-1-02
1. REFERENCE(S):
1. Vicinity Map
2. Bid Surnmary
11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
12/21: MOTION: I move to award the low bid for the 2009 Sewer Extension. —
Road 34 & Margaret Street, Project #09-1-02 to Sharpe &
Preszler Construction Company, Inc. in the amount of
$165,524.35, plus applicable sales tax, and fiirther, authorize
the Mayor to sign the contract documents.
III. FISCAL IMPACT:
Sewer Utility
IV. HISTORY AND FACTS BRIEF:
A) On December 16, 2009, staff received ten (10) bids for the 2009 Sewer
Extension - Road 34 & Margaret Street, Project#09-1-02. Three (3) of the bids,
including the apparent low bid, were incomplete and therefore considered
irregular proposals. The lowest complete bid was received from Sharpe &
Preszler Construction Company, Inc. in the amount of $165,524.35, plus
applicable sales tax. The second lowest bid received was from Premier
Excavation, Inc. in the amount of $168,111.40, plus applicable sales tax. The
Engineer's Estimate for the project is $150,334.60, plus applicable sales tax_
V. DISCUSSION:
A) The City's annual 2009 Sewer Extension was budgeted at $1,000,000. Council
awarded the first phase of the project at the May 4, 2009 council meeting and the
second phase at the September 8, 2009 council rueeting, 'There is approximately
$140.000 remaining in the budget.
B) This third phase of the annual project involves the installation of approximately
1290 linear feet of 8 and 12-inch sewer main, 5 manholes and related street
restoration in the area of Road 34 and Margaret Street. There is also
approximately S 10,000 in storm system work.
Staff recommends award of the contract for this third phase to Sharpe & Preszler
Construction Company, Inc.
14(a)
2009 SEWER EXTIENSION
ROAD 34 AND MARGARET ST
PROJECT NO . 09 - 1 - 02
' oR0 Sr
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JAMBS
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'04&AA - -
OLINti_
City of Pasco
2009 Sewer Extension-Road 34 & Margaret St
Project No. 09-1-02
December 16, 2009
BID SUMMARY
Total
1. Sharpe & Preszler Construction Co., Inc. $165,524.35
2. Premier Excavation, Inc. $168,111.40
3. Mahaffey Enterprises $174,259.00
4. Watts Construction $177,0 11 .19
5. Advanced Excavation $184,265.00
6. MRM Construction $186,695.25
7. Advantage Dirt Contractors $2041812.25
8. Big D's Construction (Irregular Proposal) $176,910.00
9. Rotschy, Inc. (Irregular Proposal) $170,031 .00
10. C&E Trenching (Irregular Proposal) $155,749.21
Engineer's Estimate $150,334.60