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HomeMy WebLinkAbout2012.10.08 Council Workshop PacketAGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. October 8, 2012 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) City Communications Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented by Jon Funfar, Communications Specialist. (b) Pasco Municipal Code Title 13 Updates: 1. Agenda Report from Dunyele Mason, Finance Manager dated October 4, 2012. (c) Senior Advisory/Parks & Recreation Advisory Council: 1. Agenda Report from Stan Strebel, Deputy City Manager dated October 2, 2012. 2. Memo from Rick Terway dated September 17, 2012. 3. Proposed Ordinance. 4. Proposed Resolution. (d) Grant of Easement: 1. Agenda Report from Gary Crutchfield, City Manager dated October 3, 2012. 2. Vicinity Map. 3. Proposed Easement. (e) Second Amendment to Institutional Controls Agreement for Pasco Landfill Site: 1. Agenda Report from Gary Crutchfield, City Manager dated October 3, 2012. 2. Vicinity Map. 3. Proposed Amendment. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT REMINDERS: 1. 12:00 p.m., Monday, October 8, Pasco Red Lion — Pasco Chamber of Commerce Membership Luncheon, ( "Regional Housing Market Trends and Economic Indicators" presented by Jeff Losey, Homebuilders Association and Nate Biehl, Tri -City Association of Realtors.) 2. 4:00 p.m., Monday, October 8, City Hall, Conference Room #1 — Lodging Tax Advisory Board Meeting. ( COUNCILMEMBER MIKE GARRISON) 3. 6:00 p.m., Monday, October 8, Conference Room #1 — Old Fire Pension Board Meeting. ( COUNCILMEMBER REBECCA FRANCIK, Rep.; SAUL MARTINEZ, Alt.) 4. 10:00 a.m., Tuesday, October 9, Senior Center — Senior Citizens Advisory Committee Meeting. ( COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN, Alt.) 5. 7:00 a.m., Thursday, October 11, Country Gentleman — BFCG Tri-Mats Policy Advisory Committee Meeting. ( COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 6. 7:00 p.m., Thursday, October 11, Transit Facility — Ben - Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER MIKE GARRISON, Alt.) AGENDA REPORT FOR: City Council k J October 4, 2012 TO: Gary Crutchfieltanager Workshop Mtg.: 10/8/12 erway Rick T, D rec dmin & Community Services FROM: Dunyele Mason, Financial Services Manager SUBJECT: Pasco Municipal Code Title 13 Updates I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 10/8: Discussion II. FISCAL IMPACT: Recommended changes will reduce administrative work while improving cost recovery for those customers generating additional activity. IV. HISTORY AND FACTS BRIEF: Municipal code regarding utility billing and collection activities has been updated over time and some sections now conflict with other sections. Also, conforming to existing codes as well as the change in billing and post office mailing response time have caused customers to complain that there is not sufficient time to respond between the time they receive notice that their bill is past due and the time their water is disconnected (1 -3 days). If another week is added into the process, then it is anticipated more customers would pay in that week without the need for the shut -off process. Also, some deposits can be eliminated to create a net savings for the utility customers. V. DISCUSSION: A) Past Due Notices. The city bills a customer once a month. Approximately 28 -35 days later (depending on how many weeks are in a month, holidays, etc.) the customer is billed for the next month. If the first month remains unpaid then the next month's bill prints with a "PAST DUE" stamp and contains an "Urgent Message" section notifying the customer of the date, time and location payment must be made in order to prevent disconnection of water service due to lack of payment. Based on current municipal code which requires shut -off to occur within 5 days of this PAST DUE bill, and given bill print and mail time customers are left with only 1 or 2 days to act on this PAST DUE bill notice before the water is shut -off. Customers are requesting more time. It is likely that if the city granted one more week in the process more customers would pay without consuming the additional resources it takes to run the water disconnection process. Additionally, customers likely will perceive it to be more "fair" if they were given 8 -10 days to respond vs, 1 -2 days to respond to the PAST DUE notice. B) Re- Connects. The current code requires that if an account is shut -off for payment all outstanding charges be paid in full prior to reconnection of water service. This has the impact that customers who are struggling to pay their bill each month need to come up with not only the past due bill and shut -off fee, but also the bill that they just got a day or two previously. This proposal includes changing the municipal code to allow customers to be reconnected by only paying the delinquent charges and related fees; but not the billed charges that are less than 20 days old. 4(b) C) Owner Deposits. Deposits are required on all new accounts; this includes owner accounts as well as tenant accounts. There is a service lien on owner occupied properties and so owners are highly motivated to pay their utility bill. The primary risk of loss on an owner account is bankruptcy; which affects an extremely small fraction of owner accounts. There is a cost to managing deposits. Current code requires a review of all accounts (approximately 18,000) on a monthly basis to determine if a deposit should be returned or whether one should be collected based on customer payment history. The cost of managing deposits for owners' accounts far exceeds the risk of loss. D) Service Fee. When a customer requests the water, sewer and stormwater base fees to be stopped when a property is vacant, the city incurs additional costs related to billing maintenance as well as a field service to lock the meter when vacant and then to again to restart the billing and a second field service trip to unlock the meter when the customer returns. When a customer's water has been turned off for delinquency and has not paid within two weeks, a field service trip is requested to determine if the customer has cut the lock and illegally resumed water service. Multi - family and commercial customers receive a special notice delivered to the property (field service) if they still have not paid their bill 7 days prior to scheduled shut -off. Currently there is no fee for these additional services rendered that are specific in nature and therefore the general utility customer ends up paying for these costs without receiving a related benefit. VI. RECOMMENDATIONS: 1. Penalty date be changed from 30 to 25 days past bill date. 2. Shut -off date be changed from 5 days to 12 days from PAST DUE bill date. 3. Authorize reconnection of water service when all delinquent charges and related fees are paid. 4. No longer require deposits for owner accounts. 5. Add a $15 service fee for services that benefit only specific customers and not the general utility customer thereby lowering the cost of doing business for the general utility customer. AGENDA REPORT FOR: City Council i TO: Gary CrutchfI Manager FROM: Stan Strebel, Dejuty City Manage�6)' SUBJECT: Senior Advisory /Parks & Recreation Advisory Council I. REFERENCE(S): 1. Memo from Rick Terway dated September 17, 2012 2. Proposed Ordinance 3. Proposed Resolution October 2, 2012 Workshop Mtg.: 10/8/12 Regular Mtg.: 10/15/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/8: DISCUSSION 10/15: MOTION: I move to adopt Ordinance No. , providing for reorganization of the Park and Recreation Advisory Board and, further, authorize publication by summary only. 10/15: MOTION: I move to approve Resolution No. , providing for appointments to the Park and Recreation Advisory Board. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Over the last several years, it has become increasingly difficult to find citizens who are willing to serve on the Senior Services Advisory Committee. With five voting members (four appointed by the Mayor, one ex- officio as President of the Senior Citizens Association) authorized, there are currently only two active members at this time. Extensive efforts to recruit interested citizens have been unsuccessful. B) The Parks and Recreation Advisory Board consists of seven voting members and has been active for several years. Because senior programs are administered within the City's Recreation Services Division, it would seem reasonable to include the Senior Advisory function within the Parks and Recreation Advisory Board. (As mentioned in Rick Terway's memo, this is currently the committee arrangement in both Richland and Kennewick.) C) At the September meeting of the Park and Recreation Advisory Board, which included active members of the Senior Advisory Committee, as well as City Council liaison members Martinez and Larsen, the concept of combining the two groups was reviewed and recommended by vote of those attending. Specifically, the Parks and Recreation Advisory Board could be reorganized to consist of nine voting members (appointed by the Mayor) with two of the members being active participants at the Senior Center. V. DISCUSSION: A) Staff recommends approval of the attached Ordinance, reorganizing the Parks and Recreation Advisory Board and repealing conflicting resolutions and sections of the PMC. B) Staff also recommends approval of the attached resolution appointing current members of the Senior Advisory Committee to the Park and Recreation Advisory Board. For convenience, the resolution also outlines the remaining appointments to the Advisory Board. Council will notice that there is currently one vacancy and one expired term (though the member is continuing to serve, pending reappointment or replacement). It is anticipated that these positions can be considered after the first of the year together with other boards and commissions as is Council's current practice. 4(c) • 1 .l Administrative & Community Service Department September 17, 2012 Memorandum To: Gary Crutchfield, City Manager From: Rick Terway, Director A &CS 4 — Subject: Parks and Recreation Advisory Council At the September 6th Parks and Recreation Advisory Council meeting, the two current members of the Senior Services Advisory Committee were invited to discuss the possibility of combining the two boards into one body, included were both City Council liaisons. Staff laid out the basic concept to the members and explained that the Senior Center report would be added to the regular agenda and reported to the full body just as they currently do at the Senior Services Advisory Committee. After comments from all members, it was moved and approved to recommend joining the two boards. The Parks and Recreation Advisory Council was formed by Resolution #818 in June of 1970. It establishes a 7 member body appointed by the Mayor and confirmed by the Council. It also defines the terms of the members and that no compensation will be given. The Senior Services Advisory Committee was created by Ordinance #3317 in 1998 and is in PMC 2.30. The structure is much the same as the park board with a five member board, with one member appointed from the Senior Citizens Association without being appointed by the Mayor. A new Ordinance could be drafted to rescind Ordinance #3317 and Resolution #818 and form a new structure of a nine person board of which two members should be active with the Senior Center. The current Senior Citizens Association has chosen not to appoint a member to the Senior Advisory Board. It is common practice with many cities to include the Senior Center as part of the Parks and Recreation Department and to utilize one citizen advisory board for all matters. Both Kennewick and Richland only have a Park and Recreation Commission. ORDINANCE NO. An Ordinance of the City of Pasco, Washington providing for reorganization of the Park and Recreation Advisory Board. WHEREAS, the City Council has determined that the Senior Services Advisory Committee is no longer necessary in its present constitution and that the functions of the Committee can be performed by the Park and Recreation Advisory Board; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 2.30 of the Pasco Municipal Code, entitled Senior Services Advisory Committee is hereby repealed in its entirety. Section 2. That Resolution No. 818, a Resolution creating a Park and Recreation Advisory Board, is hereby repealed in its entirety. Section 3. That Resolution No. 871, a Resolution amending Resolution No. 818, is hereby repealed in its entirety. Section 4. That there is hereby created a new Chapter 2.32 — PARK AND RECREATION ADVISORY BOARD of the Pasco Municipal Code to read as follows: 2.32 PARK AND RECREATION ADVISORY BOARD 2.32.010 Advisory Board Created. There is hereby established a Park and Recreation Advisory Board for the City of Pasco, which shall advise the City Council on matters relating to park and recreation programs, including senior citizen programs, and recreation facilities of the City; and which shall perform such other functions as may be assigned to it from time to time by the City Council. 2.32.020 Membership. The Board shall consist of nine (9) members, a minimum of two of which shall be at least 50 years of age, all of whom shall be residents of the City of Pasco. Members shall be appointed by the Mayor and confirmed by the City Council. 2.32.030 Term of Office. The members shall serve for terms of three (3) years, or until appointment of a successor member, whichever is later; provided, however, that appointments for terms of less than three years may be made to achieve staggering of terms so that the terms of three members of the Board shall expire each year. 2.32.040 Rules of Procedure. The Board shall annually elect its own chairman, shall keep records of its meetings which shall be open to public inspection, and shall establish the procedures which it shall follow for conducting its meetings and transacting business before it. 2.32.050 No Compensation. The Board members shall not receive any salary or other compensation for services performed and shall hold office at the pleasure of the Mayor. 2.32.060 Staff Support. A staff member appointed by the City Manager shall be the staff liaison officer for the Board and, in this capacity, shall represent the day -to -day interests of the City as they relate to the business of the Board. The staff liaison officer shall serve as secretary for the Board, including preparation of agendas and minutes of meetings, and other related clerical duties. Section 4. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 15th day of October, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Chapter 2.32 — Park and Recreation Advisory Board Page 2 Resolution No. A Resolution confirming Mayoral appointments to the Park and Recreation Advisory Board. WHEREAS, the City Council has determined to dissolve the Senior Services Advisory Committee and incorporate the Committee functions with the Park and Recreation Advisory Board and to expand the membership of the Board from seven to nine members; and, WHEREAS, the Mayor has determined to appoint currently- serving members of the Senior Services Advisory Committee to the Parks and Recreation Advisory Board; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. The Council confirms appointments to the Park and Recreation Advisory Board with terms as follows: Member Term Expiration Date Position No. 8 — Jim Michaud 02/02/15 Position No. 9 — Richard Brandt 02/02/14 Section 2. All other current members of the Parks and Recreation Advisory Board are re- confirmed with terms as follows: Member Term Expiration Date Position No. 1 — Joel Nimmo 02/02/14 Position No. 2 — Thomas Davenport 02/02/14 Position No. 3 — VACANT 02/02/15 Position No. 4 — Duane Taber 02/02/13 Position No. 5 — Edmon Daniels 02/02/12 Position No. 6 — Michael Mathews 02/02/13 Position No. 7 — Abigail Kidd 02/02/13 by law. Section 3. This Resolution shall be in full force and effect after its passage as required PASSED by the City Council of the City of Pasco, this 15th day of October, 2012, Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council FROM: Gary Crutch fie Manager SUBJECT: Grant of Easement I. REFERENCE(S): 1. Vicinity Map 2. Proposed Easement October 3, 2012 Workshop Mtg.: 10/8/12 Regular Mtg.: 10/15/12 H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/8: Discussion 10/15: MOTION: I move to approve the grant of easement to Daniel Voss and Linda Edmiston and, further to authorize the City Manager to sign the document. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) Daniel Voss and Linda Edmiston have used an access, north of and adjacent to the city's farm circle, for several years. They recently paved the access and, due to the requirements of the lender on their property, are seeking to formalize their access to avoid any further conflicts in use or title to the property. B) The city's grant of a 30 -foot easement for ingress and egress will allow it to be a good neighbor. The easement presents no conflict with the city's use of its property and in fact, improves the city's access to that portion of its property. V. DISCUSSION: A) Staff recommends approval of the easement. 4(d) Vicinity Map Voss Easement i t ,i. ti n 1 l U Vicinity Map WHEN RECORDED RETURN TO: Daniel R. Voss 1280 Voss Road Pasco, WA 99301 EASEMENT OF INGRESS AND EGRESS FOR VALUABLE CONSIDERATION RECEIVED, the City of Pasco, Washington, a Municipal Corporation, hereinafter "Grantor ", grants to and conveys to Daniel R. Voss and Linda L. Edmiston, husband and wife, and Voss Farms Limited Partnership, their heirs, successors, assigns, and invitees, hereinafter "Grantees ", a non - exclusive surface easement of ingress and egress over the following described real property situate in Franklin County, Washington: The Northerly 30 feet of the Easterly 90 feet of the NE 1/4 of Section 2, Township 9, Range 30 EWM, in Franklin County, Washington. The Grantee shall be responsible for any and all costs, damages, and expenses arising from the use, operation and maintenance of this easement for ingress and egress; and shall defend, indemnify, and hold the Grantor harmless from and against any costs, claims, losses, damages, expenses, judgments, and causes of action the Grantor may incur arising out of, or in connection with Grantee's negligence acts or omissions in the use or maintenance of the premises. Such easement shall run with the Grantee's benefitted land but shall not be assigned or conveyed to or for the benefit of any other property. In the event any claim or dispute arises as a result of this agreement, the parties shall meet in a good faith attempt to resolve such dispute, and in the event such dispute or claim cannot be resolved by agreement of the parties, such dispute shall be resolved by binding arbitration pursuant to RCW 7.04A; with venue for such arbitration being in Pasco, Washington; and the prevailing party awarded its reasonable attorney fees as a cost of arbitration. IN WITNESS WHEREOF, the parties have executed this Easement of Ingress and Egress by and through their authorized representatives this day of October, 2012. CITY OF PASCO, WASHINGTON Gary Crutchfield, City Manager STATE OF WASHINGTON) SS. County of Franklin On this day of , 2012, before me personally appeared Gary Crutchfield, City Manager for the City of Pasco, described in and who executed the foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year first written above. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Voss Farms Limited - Easement of Ingress and Egress - Page 2 AGENDA REPORT FOR: City Council,, October 3, 2012 FROM: Gary Crutch I , ty Manager Workshop Mtg.: 10/8/12 Regular Mtg.: 10/15/12 SUBJECT: Second Amendment to Institutional Controls Agreement for Pasco Landfill Site I. REFERENCE(S): 1. Vicinity Map. 2. Proposed Amendment II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/8: Discussion 10/15: MOTION: I move to approve the Second Amendment to the Pasco Landfill Institutional Controls Agreement and, further, to authorize the City Manager to sign the document. III. FISCAL IMPACT: 1L7/:1 IV. HISTORY AND FACTS BRIEF: A) As a result of land and groundwater contamination resulting from activities at the Pasco Landfill Site, the Department of Ecology issued an initial enforcement order in 1994, with subsequent orders in 2000, binding the "potentially liable parties" (PLPs) to undertake certain remedial and monitoring activities. B) Pasco, together with Franklin County and the City of Kennewick became parties to the Institutional Controls Agreement (ICA) designed to implement the required action under the Department of Ecology (DOE) order. Essentially, Pasco's responsibilities under the ICA include land use controls and the extension of public water systems to allow for the replacement of wells relying on groundwater, plus monitoring to assure that contaminated groundwater is not used for human consumption. C) Many of the PLPs now intend to enter into a new agreed order with DOE which will require new feasibility work while continuing all activities necessary to maintain interim remedial actions at the landfill site. As the new order will supersede previous DOE orders, it is the intent of the parties to enter into a Second Amendment to the original ICA, thus reflecting the new DOE order. D) Pasco's obligations under the Second Amendment are identical to the existing (prior) agreement. The Engineering Division confirms that, since the original agreement in 2000, all of the wells in the contaminated "plume" area have been identified and inventoried and each is on a parcel of land which is adjacent to a street which contains a city waterline, therefore the city has no additional liability for new waterline extensions. V. DISCUSSION: A) Staff recommends approval of the Second Amendment. aull r Exhibit A -1 -Pasco Landfill NPL Site { Y P s � ji�1- � �1t1iL31ry -. � IYreeiir��r' -1 J��lekIry a y � E!A Es 17 pa g . C , _.� j I I �snn -� • I iT I Ln GroundwaterPlume - approximatelimits City of Pasco Groundwater Protection Area ® Franklin County Groundwater Protection Area QPasco Sanitary Landfill Property Boundary — Roadways co sr i °ksr 0 I NOTE: Site encompasses both the landfill property as well as the off -site groundwater plume area. y2 ANCHOR Feet OEA - " 0 0 1,000 2,000 Exhibi ® Pasco Landfill NPL Site } � x s fne: ♦ f /• NOTE: Site encompasses both the landfill property as well as the off -site groundwater plume area. y2 ANCHOR Feet OEA - " 0 0 1,000 2,000 Exhibi ® Pasco Landfill NPL Site SECOND AMENDMENT TO INSTITUTIONAL CONTROLS AGREEMENT THIS SECOND AMENDMENT ( "Amendment ") to the Institutional Controls Agreement Among the Landfill Group, Philip Entities, the IWAG, the City of Pasco, the City of Kennewick, and Franklin County dated December 2000, and as first amended March 2001 (the "ICP Agreement "), is made and entered into by and between the individual members of the Industrial Waste Area Generator Group III ( "IWAG Group III "), an association of individual members operating in the State of Washington, the individual members of the Landfill Group (the "LFG "), an association of individual members operating in the State of Washington, the Cities of Pasco and Kennewick, Washington municipal corporations, and Franklin County (the "County "), a Washington municipal corporation. The Cities of Pasco and Kennewick and Franklin County shall be referred to in this Amendment as the "Municipalities." The members of IWAG Group III and the LFG, as of the Effective Date, are listed in Exhibit A to this Amendment. The individual members of IWAG Group III, the LFG, the Cities of Pasco and Kennewick, and the County are sometimes referred to in this Amendment individually as "Party" and collectively as the "Parties." RECITALS A. The Washington Department of Ecology ( "Ecology ") has identified many of the Parties as potentially liable persons ( "PLPs ") under Washington's Model Toxics Control Act ( "MTCA "), chapter 70.105D RCW, for the investigation and cleanup of environmental contamination at what is known as the Pasco Landfill Site (the "Site "). B. Many of the Parties intend to enter into an Agreed Order with Ecology (the "Order ") that shall require the signatories to, among other things, (1) perform a Site -wide Focused Feasibility Study and (2) continue all activities necessary to maintain existing interim remedial actions at the Site. Upon the entry of the Order by Ecology, it will supersede and replace Agreed Order Nos. DE OOTCPER -1324 and DE OOTCPER -1326. C. On December 31, 2003, the U.S. Bankruptcy Court for the Southern District of Texas, entered a Settlement Agreement and Consent Decree in the matter In re: Philip Services Corporation, et al., Case No. 03- 37718 -H2 -11 (Bankr. S.D. Tex.), under which the Philip Entities listed on Exhibit B of the ICP Agreement (as well as Philip Services Corporation and other affiliated entities) resolved all liability for the Site. As a consequence, the Philip Entities are no longer a party to the ICP Agreement and their signature is not required to amend the ICP Agreement. D. Under the ICP Agreement, the Parties agreed, among other things, that the County and Pasco would implement the Institutional Controls Program ( "ICP ") at their own expense. Pasco additionally agreed contingently to extend at its own expense its municipal drinking water system to serve residences whose wells are within the Site's Groundwater Protection Area. SECOND AMENDMENT TO INSTITUTIONAL CONTROLS AGREEMENT 692976.1/016691.00001 2023 002 ia201701 E. The Parties intend that this Amendment recognize: (1) that the County's and Pasco's obligations to implement the ICP under the ICP Agreement remain in full force and effect, and (2) the County's and Pasco's additional obligations to implement additional, applicable ICP activities required under Subtask F of Task 1 of the Scope of Work ( "SOW ") attached to the Order as Exhibit B. NOW, THEREFORE, the Parties agree that the ICP Agreement is amended as follows: AMENDMENT Section 1.(d) is of the ICP Agreement is amended as follows: (d) "Ecology Orders" means, collectively, Agreed Order No. , issued by Ecology on 2012, which supersedes and replaces Agreed Order No. DE OOTCPER- 1324, Agreed Order No. DE OOTCPER -1326, and Enforcement Order DE OOTCPER -1325, together with the related enforcement order issued by Ecology on or about , 2012. 2. Section 2.(a) of the ICP Agreement is amended as follows: (a) Pasco and the County shall, at their own expense, and to the satisfaction of Ecology, continue to implement the ICP and the additional, applicable ICP activities required under Subtask F of Task 1 of the Scope of Work attached to Ecology Order No. as required under the Ecology Orders. In addition, Pasco shall, at its own election or if the PLPs at the Site are ordered by Ecology, extend the municipal drinking water system at its own expense (or through grants or the LID Process) to serve the residences whose wells are within the Groundwater Protection Area. THE CITY OF PASCO, WASHINGTON Date signed: 2012 The City of Pasco, Washington SECOND AMENDMENT TO INSTITUTIONAL CONTROLS AGREEMENT 692976.1/016691.00001 2023 002 ia201701