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HomeMy WebLinkAbout2012.10.22 Council Workshop PacketAGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. October 22, 2012 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Tourism Promotion Area: 1. Agenda Report from Gary Crutchfield, City Manager dated October 17, 2012. 2. 2013 TPA Business and Marketing Plan (Council packets only; copy available in City Manager's office for public review). 3. 2013 TPA Budget Summary. 4. 2013 TPA Special Project Expenditure. (b) Resolution Supporting Amendments to the Energy Independence Act and Citizens for Protecting Our Washington Energy Rates: 1. Agenda Report from Stan Strebel, Deputy City Manager dated October 17, 2012. 2. Issue Paper, Citizens for P- O- W -E -R. 3. Proposed Resolution. (c) Yard Sales: 1. Agenda Report from Stan Strebel, Deputy City Manager dated October 18, 2012. (d) Pasco Municipal Code Violations of Auto Repair Businesses: 1. Agenda Report from Rick White, Community & Economic Development Director dated October 17. 2012. (e) Sidewalk Repair and Maintenance: 1. Agenda Report from Stan Strebel, Deputy City Manager dated October 16, 2012. 2. PMC Sections on Sidewalk Maintenance and Repair. (f) 2013 Legislative Priorities: 1. Agenda Report from Gary Crutchfield, City Manager dated October 17, 2012. 2. Proposed Priorities for 2013 Session. 3. 2012 Legislative Priorities. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT REMINDERS: 1. 4:00 p.m., Monday, October 22, Ben - Franklin Transit Office - Hanford Area Economic Investment Fund Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; SAUL MARTINEZ, Alt.) 2. 5:00 p.m., Tuesday, October 23, TRAC - TRAC Advisory Board Meeting. (COUNCILMEMBERS REBECCA FRANCIK and AL YENNEY) 3. 7:30 a.m., Thursday, October 25, 7130 W. Grandridge Blvd - Tri- Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 4. 4:00 p.m., Thursday, October 25, 7130 W. Grandridge Blvd - TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 5. 5:30 p.m., Thursday, October 25, 710 W. Court Street - Benton - Franklin Community Action Connections Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) AGENDA REPORT TO: City Council FROM: Gary Crutch Manager SUBJECT: Tourism Pro tion rea I. REFERENCE(S): October 17, 2012 Workshop Mtg.: 10/22/12 Regular Mtg.: 11/5/12 I. 2013 TPA Business and Marketing Plan (Council packets only; copy available in City Manager's office for public review) 2. 2013 TPA Budget Summary 3. 2013 TPA Special Project Expenditure II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/22: Presentation by Kris Watkins, President and CEO, Tri- Cities Visitor and Convention Bureau. 11/5: MOTION: I move to approve the 2013 Business and Marketing Plan and Operating Budget for the Tourism Promotion Area in the total amount of $850,000. MOTION: I move to approve the 2013 Special Project Expenditure for the Tourism Promotion Area in the amount of $75,000 to be funded from the TPA reserve balance. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: A) The Tourism Promotion Area (TPA) was formed in late 2004 to generate and administer the proceeds of a "per room night assessment" on hotels /motels in the Tri- Cities, imposed by the hotels themselves. B) The interlocal agreement (between Pasco, Kennewick and Richland) that created the TPA requires the annual budget and expenditure from the reserve account for the TPA to be approved by the City Council. V. DISCUSSION: A) The TPA "assessment" is remitted by the hotels to the state which, in turn, distributes it to the city in which it was collected. The city is obligated to pass the funds to the TPA, for use in accordance with the approved budget. B) The TPA Commission has voted unanimously to request an additional $75,000 in special project expenditures for 2013 from the reserve account for the following: Washington Wine Country Branding ............................. .......................$10,000 Opportunity Fund Increase ............. ............................... ........................$10,000 Golf & Wine Ad Campaign .................................... ............................... $30,000 Winery Matching Ad Program ............................... ............................... $25,000 TOTAL............................. ............................... $75,000 C) Council should approve the 2013 TPA Operating Budget and Special Project Expenditures or indicate changes necessary to gain approval. 4(a) Budget Summary Revenues Kennewick Pasco Richland 2012 Budget $344,000 $189,200 $362,800 40% 22% 38% Proposed 2013 Budciet $357,000 $187,000 $306,000 42% 22% 36% Total: $860,000 i 100% 1 $850,000 i 100% Expenditures $349,642 40.7% $356,160 41.9% Group Markets City Wide Conventions Associations Corporate & Government SMERF (social, military, education, religious, fraternal) Sports Housing & Groups Services $56,262 7% $57,762 6.8% Tourism Development $180,313 21% $180,313 21.4% Administration $178,763 21% $178,763 21% (administrative staff, office supplies, rent, telephone postage, equipment maintenance, etc.) Opportunity Fund $70,000 8% $50,000 5.9% Accounting /Professional $22,000 2% $22,000 2.6% Capital Expenditures $3,000 0.3% $3,000 0.4% Total: -25- $860,000 1 100% 1 $850,000 1 100% I IF 0 � Q o O O t� O O O U) Ln D c-I I M N Q1 a--► 4-a Q Ln C t11 co > � LL CU (1) a 4 to p 3 co LL- N a -a LI) .� o L O :3 Q) LL CL • • • • Lr AGENDA REPORT FOR: City Council October 17, 2012 TO: Gary Crutchfiel anager Workshop Mtg.: 10 /22/12 Regular Mtg.: 11/5/12 FROM: Stan Strebel, D puty City Manager SUBJECT: Resolution Supporting Amendments to the Energy Independence Act and Citizens for P- O -W -E -R (Protecting Our Washington Energy Rates) I. REFERENCE(S): 1. Issue Paper, Citizens for P- O -W -E -R 2. Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/22: Discussion 11/5: MOTION: I move to approve Resolution No. , supporting Citizens for P -O- W-E-R and legislation narrowing the requirement for utilities to purchase renewable energy resources or credits when not needed to serve customer loads. III. FISCAL IMPACT: If Franklin PUD is required to purchase energy that it does not need, the effect will be to increase rates, with a corresponding negative impact on the local economy. IV. HISTORY AND FACTS BRIEF: A) Washington voters' approval of Initiative 937, the Energy Independence Act (EIA) in 2006, requires qualifying utilities to increase renewable energy to 15% by 2020 and to undertake conservation requirements beginning in 2010. B) The EIA was not supported locally and in Eastern Washington, perhaps in large part due to its exclusion of hydropower, the source of 67% of the state's electricity, as a defined renewable energy resource. C) An unintended consequence of the EIA is that its mandates require utilities to acquire additional "renewable" power even if such power is not needed to serve customers. While Franklin PUD is currently not required to meet the renewable resources mandates, it projects that it will be within a few years (when it will house 25,000 customers). D) While successful conservation efforts and decreased demand due to the economic downturn have reduced the demand for power, it does not make sense to require utilities to purchase unneeded (more expensive, "renewable ") power. Required, unnecessary purchases will negatively impact electric rates paid by the City and its residents and businesses. E) Electric Utilities attempted to make changes in the Energy Independence Act during the 2012 state legislative session but were met with opposition from environmental organizations and renewable energy developers. The Tri -City Regional Chamber of Commerce has decided to take a lead role in organizing a grassroots effort toward convincing the legislature that paying for unneeded energy will be detrimental to the economy and to adopt reasonable changes to the EIA. V. DISCUSSION: A) Staff recommends Council adoption of the proposed resolution. 4(b) t. U CITIZENS FOR ■ EmR ©NERGY QATES Citizens for P.O.W.E.R. is a coalition formed by concerned businesses, governments and individuals about rising energy rates due to the unintended consequences of Initiative 937 — the Energy Independence Act. While the Initiative was intended to increase energy conservation and the use of renewable energy resources, utilities across the state are now required to purchase eligible renewable power even if they For more information: don't need it to serve their customers. These unneeded costs are www.wapower.net Patrick Conrad passed on to consumers of Washington State. Tri -City Regional Chamber of Commerce Utilities have tried to make changes through proposed legislation, 509- 736 -0510 but environmental organizations and renewable energy developers have pushed to defeat any bills that amend the EIA. Background: The Energy Independence Act (Initiative 937 passed by voters in 2006) requires To be successful in Olympia, legislators need to hear from people — utilities with 25,000 or more customers the ones who are ultimately impacted when energy rates go up - to use eligible renewable resources to including families and seniors on fixed incomes, agriculture and meet a portion of load (3% in 2012, 9% in 2016, and 15% in 2020) and to acquire all businesses of all sizes. cost- effective conservation starting in 2010. The EIA narrowly defines eligible renewables and excludes most The Tri -City Regional Chamber of Commerce is taking the lead to hydropower, the most cost effective amend the Energy Independence Act by forming the - Citizens for renewable resource that supplies over P.O.W.E.R coalition. This grassroots effort is needed to make an two - thirds of the state's electricity. To meet the requirements, utilities must impact in Olympia, protect our power rates and ultimately our purchase other, more expensive economy. The main goal is to not change the original intent of the renewable resources even if not needed Initiative which is to promote renewable resources and — in many cases displacing clean hydro power and discouraging conservation. conservation, but to protect consumers from paying for unneeded power costs that utilities must pass on to them. A website, www.wapower.net, is available with background information, news articles and recruitment capabilities. The Chamber has passed a resolution of support and the POWER coalition is reaching out to others to generate additional support locally and statewide. By working together, we can amend the EIA to protect consumer energy rates in Washington State. RESOLUTION NO. A RESOLUTION of the City Council of the City of Pasco, Washington supporting changes in the Energy Independence Act and Citizens for P- O -W -E -R ( "Protecting Our Washington Energy Rates "). WHEREAS, the Energy Independence Act (EIA), requires qualifying utilities to incrementally increase the amount of eligible renewable resources to 15 percent by 2020 and to pursue all cost - effective conservation requirements starting in 2010, and the eligible renewable resources are narrowly defined to exclude existing hydropower, a clean renewable resource supplying over two - thirds of the electricity in the state of Washington; and WHEREAS, many utilities' energy demands are not growing as projected or have declined due to the combination of successful conservation programs and the poor economy; and WHEREAS, the EIA requires qualifying utilities to purchase specific eligible renewable energy recourses or renewable energy credits even if the utilities do not need additional power, and the purchase of unneeded eligible renewable energy resources or renewable energy credits will have a detrimental impact on utility budgets and increase customer rates and negatively affect the economy; and WHEREAS, a change in the law is needed to provide qualifying utilities the choice to avoid the purchase of unneeded renewable energy or renewable energy credits, and could be made without changing the overall intent of the EIA, which is to encourage the use of conservation and the use of renewable energy resources; and WHEREAS, a change in the law is needed to protect ratepayers from unnecessary additional costs which will result in unwanted rate increases and further encumber the economy; NOW, THEREFORE, BE IT RESOLVED that the Pasco City Council hereby supports a legislative change to the EIA to protect utilities from requirements to purchase renewable energy resources or renewable energy credits not needed to serve customers' loads. AND, BE IT FURTHER RESOLVED that the Pasco City Council hereby supports Citizens for P- O -W -E -R (Protecting Our Washington Energy Rates). PASSED by the City Council of the City of Pasco at its regular meeting dated this 5th day of November. 2012. Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council i t October 18, 2012 TO: Gary CrutchfIpMyCity anager Workshop Mtg.: 10/22/12 FROM: Stan Strebel, Manages SUBJECT: Yard Sales I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/22: Discussion and provide direction to staff III. FISCAL IMPACT: Eliminating the $5 yard sale permit fee will be a reduction of approximately $6,500 annually. IV. HISTORY AND FACTS BRIEF: A) Staff recently introduced discussion regarding the permitting and regulation of yard sales, together with issues associated with yard sale signage. In response to Council's discussion, staff offers the following outline for further review and refinement. 1. Yard Sale Permits: it is suggested that the permit fee be dropped and that the City issue "no fee" permits, including on -line availability, to enable better tracking of activity, allow for greater public education of standards and more targeted enforcement for violations (primarily signs). Permitting allows the City to introduce permit/sign standards to each applicant. 2. Retain the limit of two yard sales per residence per year. Limit any one sale event to two days (reduction from 3 days). Events continue to be no closer than 30 days apart. 3. Provide more clear signage regulation to specify: a. Yard sale signs are only allowed for permitted yard sales /must contain address. b. Specify size, number and placement parameters. c. Signs allowed no more than 24 hours prior to a permitted sale; must be removed within 24 hours of permit expiration. d. Non - compliant, non - permitted signs are subject to seizure; infraction of $50 for repeat violations. B) With Council direction, staff can prepare ordinances for formal action. 4(c) AGENDA REPORT FOR: City Counci TO: Gary Crutch Ci Manager ` FROM: Rick White, I ` Community & Economic Development Director [ SUBJECT: Pasco Municipal Code Violations of Auto Repair Businesses I. REFERENCE(S): October 17, 2012 Workshop Mtg.: 10/22/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/22: DISCUSSION III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. One of the issues of Council concern noted during the biennial retreat earlier this year was the outdoor occurrence of major auto repair and dismantling — particularly, but not always, in former service stations that have been converted to full time repair shops. B. Typical issues surrounding this land use include: • Use of public right of way for parking/storage of business related vehicles and equipment; • Depositing oil, grease and other automobile fluids on public streets; • Parts salvaging and storage of automobile hulks in public view; • Outdoor dismantling and repair of vehicles; and • Scale of repair outside that allowed by the Zoning Code — particularly in the C -1 (Retail Business) District. C. Staff has prepared and will present a photo summary of these issues and locations to Council at the Workshop Meeting. V. DISCUSSION: A. If Council agrees that the issue warrants further attention, it is recommended that Council direct the Planning Commission to develop an action plan for consideration. The action plan should address (at a minimum) the following: • Inventory of outdoor repair /salvage locations including site specific violations of existing codes; • Inventory and review of existing codes for adequacy in addressing the issue; • Development of an approach and timeline for voluntary compliance with applicable codes; • Options for enforcement; and • The provision for input and feedback from affected operators and landowners. 4(d) AGENDA REPORT FOR: City TO: Gary Crutchfiri 0Manager FROM: Stan Strebel, D$puty City Manager SUBJECT: Sidewalk Repair and Maintenance I. REFERENCE(S): PMC Sections on Sidewalk Maintenance and Repair October 16, 2012 Workshop Mtg.: 10/22/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/22: Discussion and Provide Direction to Staff III. FISCAL IMPACT: Proposed Annual Budget of $50,000 IV. HISTORY AND FACTS BRIEF: A) Two sections in the Pasco Municipal Code require that maintenance and repair of sidewalks is the responsibility of the abutting property owner (see attached) and, except in cases where there is damage to sidewalks due to City activities (i.e., city work, vehicles or trees), state law seems to support the position in the PMC. B) Current case law in the state, however, establishes that while a city may require an abutting property owner to be responsible for most sidewalk repair and maintenance, it cannot easily shift liability for injuries that may occur as a result of uneven sidewalks in need of repair. C) Additionally, because 1) there are a number of potential causes for sidewalk failure; and 2) there are sometimes multiple remedies for addressing sidewalk safety problems, it becomes more complicated to work with adjacent property owners, many of whom have no idea of the City's code provision on maintenance, let alone repairs. The more time that it takes to address known problems, the more potential exposure the City has for injury claims. D) Given this background, staff feels that it may be prudent for Council to review the City's policies with regard to sidewalk repair. While it seems reasonable to continue to assign responsibility for the cleaning of sidewalks to adjacent property owners (i.e., snow, litter, debris), it may be most cost effective for the City to assume responsibility for sidewalk repair and to develop an on -going program to inventory and repair sidewalk problems (by whatever method is most cost effective) as needed. Possible exceptions would be repair of sidewalks that is necessitated by the actions of the adjacent property owner or others, for examples: damaged caused by tree roots planted by the owner or damage due to failure to protect from heavy equipment. In cases where it can be clearly shown to be the fault of others, the law allows the City to assign responsibility for sidewalk repairs to owners. By budgeting an amount each year, the City may be able to focus repair work in geographic areas (to minimize the costs of mobilization); by type of repair (to take advantage of equipment or contractor specialty); and, proactively to minimize potential claims. 4(e) E) Staff has reviewed programs from other cities where all sidewalk repair work (except where damage is a direct result of City negligence) is assigned to the adjacent property owners but the City participates in a cost sharing program (sometimes as much as 50 %) in order to lessen the burden on owners. Staff's assessment is that such a program would likely result in fairly high administrative cost while creating conflicts with unsuspecting property owners. The City's assumption of repair responsibilities will minimize conflicts with property owners, many of whom do not expect to be responsible for repairing sidewalk failures. V. DISCUSSION: A) Staff submits this information for Council discussion and direction. PMC Sidewalk Maintenance and Repair 12.04.140 MAINTENANCE OF SIDEWALKS. Whenever any street, lane, square, place or alley in the City shall have been improved by the construction of a sidewalk along either side thereof, the duty, burden, and expense of the maintenance, cleaning (including the cleaning of litter and other debris), repair and renewal of such sidewalk, including the erection and maintenance of suitable barriers of wood, iron or masonry along the outer margin of such sidewalk where the same is elevated more than two feet above the abutting property, shall devolve upon the owner of the private property directly abutting on the sidewalk, and the improvement shall be made by the owner in the manner provided by the ordinances of the City, and the laws of the state. (Ord. 2693 Sec. 1, 1988; Ord. 1372 Sec. 16, 1969). It shall be unlawful for any person after receiving notice from the City to fail to maintain clean, repair, or renew such sidewalk pursuant to the obligations created above. A violation of this Section shall be a Civil Code infraction carrying a maximum penalty of $250. (Ord. 2693 Sec. 1, 1988.) 12.08.100 MAINTENANCE OF SIDEWALKS. Whenever any street, lane, square, place or alley in the City has been improved by the construction of a sidewalk along either side thereof the duty, burden, and expense of maintenance, cleaning, repair, and renewal of such sidewalks, including the erection and maintenance of suitable barriers of wood, iron or masonry along the outer margin of such sidewalk where the same is elevated more than two feet above the abutting property, shall devolve upon the owner of the private property directly abutting on the sidewalk, and the improvement shall be made by the owner in the manner provided by the ordinances of the City, and the laws of the state. (Prior code Sec. 9- 4.40.) AGENDA REPORT TO: City Council FROM: Gary Crutchfie it anager SUBJECT: 2013 Legislati Priorities I. REFERENCE(S): Proposed Priorities for 2013 Session 2012 Legislative Priorities October 17, 2012 Workshop Mtg.: 10/22/12 H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/22: Discussion III. FISCAL IMPACT: 1r IV. HISTORY AND FACTS BRIEF: A) The city contracts with a legislative consultant based in Olympia to monitor the state legislature session each year and to advance the city's legislative agenda accordingly. Each fall, the city provides the consultant the "legislative priorities" for the city, representing the most important of the many legislative desires of the city. Attached as Reference No. 2, is the list of priorities used during the 2012 session. V. DISCUSSION: A) Reference No. 1 reflects a modified list of legislative priorities, for the 2013 session. The continuing goal of obtaining construction funding for the Lewis Street Overpass project is updated slightly. B) Staff requests Council discussion of the list, modification as Council deems appropriate, and future formal action so that the priorities list can be prepared and disseminated to parties of interest (including the Tri- Cities Legislative Council). 4(f) 2013 Proposed Legislative Priorities ml� PRESERVE "STATE- SHARED REVENUES" FOR CITIES: Pasco receives more than one million dollars annually from the state, categorized as "state- shared revenues" (liquor excise tax, nuclear generating tax, sales tax mitigation, city /county assistance, etc.). Given the increasing difficulty of the state in balancing its budget, these payments to cities may be in jeopardy during the 2013 session; their loss would jeopardize delivery of important local services. 1 LEWIS STREET OVERPASS: The overpass project (which replaces a 1937 railroad underpass on a former state highway) is a major Council priority which will require federal and state funding, as the $27 million construction cost is simply beyond the financial capacity of local taxpayers. With prior aid from the state, the city has completed right -of -way acquisition and design of the new structure; the project is now "shovel ready." The City must seek construction funding allocations from the state and federal governments to make this essential replacement project a reality. 4 GANG ACTIVITY: AWC is seeking legislative authorities for cities to combat gang activity in their communities as well as funding for gang intervention and prevention activities. Communities see the need for legislation to clarify that "gang houses" are a nuisance and can be abated, just as houses of prostitution are already defined as nuisances and can be abated. Doing so would remove the tenants from the house; thus, 'removing from the immediate neighborhood a serious threat to its viability and safety, ' .l BINDING ARBITRATION LAW: Under state law, police and fire personnel are guaranteed binding arbitration for wages and benefits, (in lieu of the right to strike). While arbitration can be an appropriate form of contract resolution disputes, the current, statutory language obligates the arbitrator to give paramount consideration t4'what "comparable' departments" are paying, rather than the ability of the particular employer to absorb the additional cost. Police officers and firefighters collectively represent about half of total general fund expenditures; cost impositions beyond the city's fiscal capacity can have severe consequences on other important city services and, in some cases, may even hamper public safety. Modification of the arbitration statute to "level the field" would better balance the interests of uniformed employees with those of the taxpayer. PUBLIC RECORDS REFORM: Support, reform to statutes governing public records requests. While the city recognizes the need for and benefits of transparency and accountability in government, all too often the right to obtain public records is abused and extraordinary public costs are absorbed by cities. Statutory reform is needed to: provide cost reimbursement; require "meet and confer" process'to reduce abuse and avoid legal conflicts; as well as other reforms to assure public records requests are not used as harassment. -41. ELECTION OF JUDGES: The Bureau for Judicial Administration's perennial effort to require that all judges (including part-time) be elected will again require involvement of cities. Appointed judges are equally qualified professionally and there is no compelling evidence that appointed judges are a threat to the administration of justice. In fact, requiring election of all judges would be very problematic for part -time courts, particularly in small and rural communities found throughout eastern Washington. Pasco should continue to join other cities to oppose mandatory election of municipal court judges. i MARIJUANA LAWS: The conflicting array of current federal and state laws regulating the possession and use of marijuana create very real confusion for citizens as well as potential liabilities for local governments. The state should refine its marijuana laws so as to avoid conflict with federal law and /or indemnify local governments for compliance with conflicting state and federal laws relating to marijuana. Matt Watkins, Mayor #T Pasco 509-416-6696 Gary Crutcli icld, City Manager 509-54,5-3404 citvrnanat;cr @nasco- wa.eov R r • r i ' , www.nasco- wa.gov. caa PRESERVE STATE- SHARED REVENUES" FOR CITIES: Pasco receives more than one million dollars annually from the state, categorized as "state- shared revenues" (liquor excise tax, liquor board profit, nuclear generating tax, sales tax mitigation, city/county assistance, etc.). Given the increasing difficulty of the state in balancing its budget, these payments to cities may be in jeopardy during the 2012 session; their loss would jeopardize delivery of important local services. ca LEWIS STREET OVERPASS: The overpass project (which replaces a 1937 railroad underpass on a former state highway) is a major Council priority which will require federal and state funding, as the $27 million construction cost is simply beyond the financial capacity of local taxpayers. With prior aid from the state, the city is completing right -of -way acquisition and has completed design of the new structure; the project will be "shovel ready" by July 2012. The City must seek construction funding allocations from the state and federal governments to make this essential replacement project a reality. ca GANG ACTIVITY: AWC is seeking legislative authorities for cities to combat gang activity in their communities as well as funding for gang intervention and prevention activities. Communities see the need for legislation to clarify that "gang houses" are a nuisance and can be abated, just as houses of prostitution are already defined as nuisances and can be abated. Doing so would remove the tenants from the house; thus, removing from the immediate neighborhood a serious threat to its viability and safety. ca BINDING ARBITRATION LAW: Under state law, police and fire personnel are guaranteed binding arbitration for wages and benefits (in lieu of the right to strike). While arbitration can be an appropriate form of contract resolution disputes, the current statutory language obligates the arbitrator to give paramount consideration to what "comparable departments" are paying, rather than the ability of the particular employer to absorb the additional cost. Police officers and firefighters collectively represent about half of total general fund expenditures; cost impositions beyond the city's fiscal capacity can have severe consequences on other important city services and, in some cases, may even hamper public safety. Modification of the arbitration statute to "level the field" would better balance the interests of uniformed employees with those of the taxpayer. G& PUBLIC RECORDS REFORM: Support reform to statutes governing public records requests. While the city recognizes the need for and benefits of transparency and accountability in government, all too often the right to obtain public records is abused and extraordinary public costs are absorbed by cities. Statutory reform is needed to: provide cost reimbursement; require "meet and confer" process to reduce abuse and avoid legal conflicts; as well as other reforms to assure public records requests are not used as harassment. ca ELECTION OF JUDGES: The Bureau for Judicial Administration's perennial effort to require that all judges (including part-time) be elected will again require involvement of cities. Appointed judges are equally qualified professionally and there is no compelling evidence that appointed judges are a threat to the administration of justice. hi fact, requiring election of all judges would be very problematic for part-time courts, particularly in small and rural communities found throughout eastern Washington. Pasco should continue to join other cities to oppose mandatory election of municipal court judges. caa MARIJUANA LAWS: The conflicting array of current federal and state laws regulating the possession and use of marijuana create very real confusion for citizens and potential liabilities as well for local governments. The state should refine its marijuana laws so as to avoid conflict with federal law and/or indemnify local governments for compliance with conflicting state and federal laws relating to marijuana. City of Pasco ftesolulion OMS. Appmol Sepmolxrr 19.2011