HomeMy WebLinkAbout2012.11.19 Council Meeting PacketAGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. November 19, 2012
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance
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 form 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 November 5, 2012.
(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 $19430,610.64 ($206,541.95 in the form of
Electronic Fund Transfer Nos. 12309, 12355, 12377, 12378, 12498 and 12514; and
$11224,068.69 in the form of Wire Transfer Nos. 1261 through 1263, and Claim Warrants
numbered 190243 through 190258).
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 $228,806.15 and, of that amount, authorize $146,945.53 be
turned over for collection.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a)
(b)
(c)
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 October 2012.
(c)
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING
THERETO:
(a) 2013 Property Tax Levy.
1. Agenda Report from Dunyele Mason, Finance Manager dated November 5, 2012.
2. Assessed Value History Chart.
3. Tax Levy Rate History Chart.
4. Summary of Options.
5. Proposed Ordinance for the 2013 Ad Valorem Tax.
6. Proposed Ordinance Preserving Property Tax Levy Capacity.
CONDUCT A PUBLIC HEARING
Ordinance No. an Ordinance providing for the 2013 Ad Valorem Tax Levy, a levy for
the 1999 Unlimited Tax General Obligation Bonds and a levy for the 2002 Unlimited General
Obligation Refunding Bonds in the City of Pasco in accordance with state law.
MOTION: I move to adopt Ordinance , providing for the 2013 Ad Valorem Tax
Levy, a levy for the 1999 Unlimited Tax General Obligation Bonds and the 2002 Unlimited Tax
General Obligation Refunding Bonds.
AND-
Regular Meeting 2 November 19, 2012
Ordinance No. , an Ordinance preserving the Property Tax Levy capacity in the City of
Pasco, Washington for fiscal years after 2012 in accordance with state law.
MOTION: I move to adopt Ordinance , preserving Property Tax Levy capacity for
fiscal years after 2012 in accordance with state law.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
(a) Ordinance No. , an Ordinance assigning zoning to certain real property within the City of
Pasco.
1. Agenda Report from Dave McDonald, City Planner dated November 7, 2012.
2. Recommended Zoning Map.
3. Proposed Ordinance.
4. Planning Commission Report.
5. Planning Commission Minutes dated 10/18/12.
MOTION: I move to adopt Ordinance No. , establishing R -S -20 and C -1 Zoning for the
Riverview Annexation Area #2 and, further, authorize publication by summary only.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
(a) Joint Use of County Facility, Municipal Court:
1. Agenda Report from Gary Crutchfield, City Manager dated October 30, 2012.
2. Proposed Agreement.
3. Joint Resolution -City Resolution No. 3170.
4. Projected Facility Costs.
MOTION: I move to approve the Interlocal Agreement with Franklin County for joint use of the
County Facility and, further, authorize the Mayor to sign the Agreement.
(b) Bargaining Contract for Uniformed Police Department Represented Employees:
1. Agenda Report from Lynne Jackson, Human Resources Manager dated November 7, 2012.
2. Proposed Collective Bargaining Agreement.
MOTION: I move to approve the Collective Bargaining Agreement with the Pasco Police
Officers Association, uniformed employees, for years 2011 -2013 and, further, authorize the
Mayor to sign the Agreement.
(c) Oregon Avenue Corridor:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated November 2, 2012.
2. Vicinity Map.
3. Scope of Work.*
4. Proposed Agreement.*
(* Documents provided in the 11/13/12 Council Packets; copy available in Public Works office,
the Pasco Library or on the city's website at www .pasco- wa.gov /citycouncilreports for public
review.)
MOTION: I move to approve the Professional Services Agreement with CH2MHill, authorizing
professional services with respect to the Oregon Avenue Corridor, not to exceed $350,000.00
and, further, authorize the Mayor to sign the Agreement.
*(d) Award Road 56 Water Main Replacement, Project #C7- WT- 2R- 12 -05:
1. Agenda Report from Mike Pawlak, City Engineer dated November 13, 2012.
2. Vicinity Map.
3. Bid Summary.
(RC) MOTION: I move to award the low bid for the Road 56 Water Main Replacement Project to Big
D's Construction of Tri- Cities in the amount of $251,678.33, including applicable sales tax and,
further, authorize the Mayor to sign the contract documents.
*(e) Award 5 'h Avenue Sewer Repair, Project #C7- SE- 2R- 12 -20:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated November 14, 2012.
2. Vicinity Map.
3. Bid Summary.
(RC) MOTION: I move to award the low bid for the 5'h Avenue Sewer Repair Project to Ray Poland
& Sons, Inc., in the amount of $81,178.50, including applicable sales tax and, further, authorize
the Mayor to sign the contract documents.
November 19, 2012
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a) Real Estate: Acquisition/Disposition
(b)
(c)
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
MF# "Master File 9...."
Q Quasi - Judicial Matter
REMINDERS:
1. 6:00 p.m., Monday, November 19, City Hall Conference Room #1 — LEOFF Disability Board Meeting.
(MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK)
City Hall will be closed
Thursday, November 22 and Friday, November 23
for the Thanksgiving Holiday
REGULAR MEETING
CALL TO ORDER:
MINUTES
PASCO CITY COUNCIL NOVEMBER 5, 2012
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom
Larsen, Saul Martinez, Matt Watkins and Al Yenney.
Staff present: Gary Crutchfield, City Manager; Patrick Galloway, Acting City Attorney;
Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community
Services Director; Rick White, Community & Economic Development Director; Ahmad
Qayoumi, Public Works Director; Bob Metzger, Police Chief and Bob Gear, Fire Chief.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes
of the
Pasco City Council
Meeting dated October 15, 2012.
Minutes
of the
Special Pasco City
Council Meeting dated October 29, 2012.
(b) Bills and Communications:
To approve General Claims in the amount of $1,576,146.97 ($197,654.33 in the form of
Electronic Fund Transfer Nos. 12114, 12117, 12129 and 12223; and $1,378,492.64 in the
form of Wire Transfer Nos. 1250, 1251, and 1254 through 1258, and Claim Warrants
numbered 189992 through 190242).
To approve Payroll Claims in the amount of $2,101,186.64, Voucher Nos. 44905 through
44993 and 80200 through 80209; and EFT Deposit Nos. 30054979 through 30055544.
(c) Water System Booster Pump Station:
To accept the utility easement from Dale Adams for the water system booster pump
station on Harris Road and, further, authorize the City Manager to sign the easement
document.
(d) Tourism Promotion Area:
To approve the 2013 Business and Marketing Plan and Operating Budget for the Tourism
Promotion Area in the total amount of $850,000.
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.
(e) Resolution No. 3438, 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 "),
To approve Resolution No. 3438, 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.
(f) Resolution No. 3439, a Resolution declaring the City's legislative priorities
for the 2013 session of the Washington State Legislature.
To approve Resolution No. 3439, declaring the City's legislative priorities for the 2013
session of the Washington State Legislature.
3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 5, 2012
(g) Resolution No. 3440, a Resolution approving a preliminary plat for Sunset
Village.
To approve Resolution No. 3440, approving the Preliminary Plat for Sunset Village.
Removed from Consent Agenda and moved to Item 8(c) — New Business.
MOTION: Ms. Francik moved to approve the Consent Agenda as amended. Mr.
Garrison seconded. Motion carried by unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGMENTS:
Ms. Diana Washington, representing Washington State Department of Ecology, presented
Todd Marden, Chief Waste Water Treatment Plant Operator, with the Wastewater
Treatment Plant Outstanding Performance Award for 2011.
REPORTS FROM COMMITTEES AND /OR OFFICERS:
Mr. Martinez and Mayor Watkins attended the Tri- Cities Visitor and Convention
Bureau's 2012 Annual Meeting & Tourism Showcase.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Resolution No. 3441, a Resolution of the City of Pasco directing the Planning
Commission to develop an action plan for resolving issues involving automobile
repair operations and violations of the Pasco Municipal Code.
Council and staff discussed the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3441, directing the Planning
Commission to develop an action plan resolving conflicts between violations of the Pasco
Municipal Code and automobile repair businesses. Mr. Martinez seconded. Motion
carried unanimously.
Resolution No. 3442—, a Resolution accepting the Planning Commission's
recommendation and approving a Special Permit for the location of donation -based
thrift shop at 1208 N. 20th Avenue,
Mr. White explained the background of the proposed special permit.
MOTION: Ms. Francik moved to approve Resolution No. 3441, approving a Special
Permit for the location of a donation -based thrift shop at 1208 N. 20th Avenue as
recommended by the Planning Commission. Mr. Yenney seconded. Motion carried
unanimously.
Resolution No. 3440, a Resolution approving a preliminary plat for Sunset Village,
Mr. White explained the details of the proposed preliminary plat.
MOTION:
Ms.
Francik moved to approve Resolution No. 3440, approving
the
Preliminary
Plat
for Sunset Village. Mr. Martinez seconded. Motion carried
unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Martinez noted
he received a citizen
request for additional handicap
parking at Gesa
Stadium and asked
staff to work with the
tenant on assessing the need.
Ms. Francik, Mayor Watkins and Mr. Yenney commented on the voting process and
encouraged everyone to vote.
Mr. Crutchfield reminded Council the 2013 Budget Workshop meeting will start at 6 p.m.
on November 13.
2
REGULAR MEETING
EXECUTIVE SESSION:
MINUTES
PASCO CITY COUNCIL NOVEMBER 5, 2012
Council adjourned to Executive Session at 7:26 p.m. for approximately 20 minutes to
consider acquisition of real estate and discuss collective bargaining strategy and
proposals with the City Manager and the City Attorney.
Mayor Watkins called the meeting back to order at 7:46 p.m.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:46 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
PASSED and APPROVED this 19th day of November, 2012.
CITY OF PASCO
Council Meeting of: November 19, 2012
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the
(ices rende a labor performed as described herein and that the claim is a just, due and unpaid
oblig n against a city and that we are authorized to authenticate and certify to said claim.
4unyele Maso , inance ervices Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do
hereby certify on this 5th day of November, 2012 that the merchandise or services hereinafter specified have been received:
Check Numbers and 190243- 190258 In The Amount Of: $1,224,068.69
Electronic Funds Transfers: 1261-1263
Electronic Funds Transfers: 12309,12355,12377 In The Amount Of: $ 206,541.95
(Journal Entries) 12378,12498,12514
Councilmember
GENERAL FUND:
Legislative
Judicial
Executive
Police
Fire
Administration & Community Services
Community Development
Engineering
Non - Departmental
Library
TOTAL GENERAL FUND:
STREET
ARTERIAL STREET
STREET OVERLAY
C. D. BLOCK GRANT
HOME CONSORTIUM GRANT
KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
BOULEVARD MAINTENANCE FUND
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI MODAL FACILITY
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMT LODG FUND
LITTER CONTROL
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
ECONOMIC DEVEL & INFRASTRUCT
STADIUM /CONVENTION CENTER
GENERAL CAP PROJ CONSTRUCTION
WATER /SEWER
Combined total of $1,430,610.64
Councilmember
SUMMARY OF CLAIMS BY FUND:
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
CENTRALSTORES
PAYROLL CLEARING
LID CONSTRUCTION
PUBLIC FACILITIES DIST
TRI CITY ANIMAL CONTROL
SENIOR CENTER ASSOCIATION
GRAND TOTAL ALL FUNDS:
16.00
797,089.48
27,398.53
4,304.60
0.00
50,775.42
4,241.53
1,339.81
1,754.98
23,372.75
3,099.81
1.705.82
13,052.67
294.76
465,321.12
298,106.38
28,299.04
0.00
0.00
$ 11430,610.64
3(b)zl
AGENDA REPORT
FOR: City Council DATE: November 14, 2012
TO: Gary Crutchfiel anager REGULAR: November 19, 2012
Rick Terway, in live & Communt ices Director
FROM: Dunyele Mason, Financial Services Manager ^ ^
SUBJECT: BAD DEBT WRITE -OFF'S /COLLECTION.
I. REFERENCE (S):
Write -off and collection lists are on file in the Finance Department.
Il. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
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 $228,806.15 and, of that amount,
authorize $146,945.53 be turned over for collection.
III. HISTORY AND FACTS BRIEF:
1. UTILITY 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 DSHS 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. CODE ENFORCEMENT — LIENS — 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 $10.00.
7. MISCELLANEOUS - 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
$
80,820.86
23,929.53
104,750.39
Court A/R
$
.00
120,865.00
120,865.00
Code Enforcement
$
850.00
22033.00
2,883.00
Cemetery
$
.00
.00
.00
General
$
189.76
28.00
217.76
Miscellaneous
$
.00
90.00
90.00
TOTAL: $ 819860.62 1469945.53 228,806.15
IV. ADMINISTRATIVE ROUTING:
cc: Dot French, Municipal Court Clerk
3(b)v2
GENERAL FUND OPERATING STATEMENT
THROUGH OCTOBER 2012
AVAILABLE CASH BALANCE 71960,125 91323,180
PERCENTAGE OF BUDGET ALLOCATED FOR 10 MONTHS 83%
* $1,650,000 early pay -off 2002 LTGO
" Includes new (June 2012) Public Safety tax.
These statements are intended for Management use only.
6(b)
YTD
2012
% OF
YTD
TOTAL
% OF
2012
ORIGINAL
ANNUAL
2011
2011
TOTAL
ACTUAL
BUDGET
BUDGET
ACTUAL
BUDGET
ACTUAL
REVENUE SOURCES:
TAXES:
PROPERTY
41024,089
61200,000
64.9%
4,730,315
65000,000
78.8%
SALES
71734,239 **
8,2652000
93.6%
71369,712
82225,000
89.6%
UTILITY
6,663,928
7,751,660
86.0%
6,5673416
7,5602000
86.9%
OTHER
988,457
1,0353000
95.5%
979,709
1,015,000
96.5%
LICENSES & PERMITS
11468,298
11093,700
134.3%
1,442,432
1,052,650
137.0%
INTERGOVT REVENUE
1,5742754
1,6793700
93.8%
11778,698
1,632,200
109.0%
CHARGES FOR SERVICES
31436,528
41531,330
75.8%
2,9497261
39007,750
98.1%
FINES & FORFEITS
681,092
977,200
69.7%
755,457
971,600
77.8%
MISC. REVENUE
620,628
6722245
92.3%
658,531
634,200
103.8%
OTHER FINANCING SOURCES
135,274
138,000
98.0%
823500
1005000
82.5%
TOTAL REVENUES
272327,287
32,343,835
84.5%
27,3143031
30,198,400
90.4%
BEGINNING FUND BALANCE
9,336,518
61762,489
954142299
6,0002118
TOTAL SOURCES
36,663,805
39,1063324
93.8%
363728,330
3651985518
101.5%
EXPENDITURES:
. TY COUNCIL
92,095
118,807
77.5%
86,468
118,040
73.3%
MUNICIPAL COURT
1,078,046
1,335,634
80.7%
110223145
1,275,150
80.2%
CITY MANAGER
7775586
951,034
81.8%
7362704
915,410
80.5%
POLICE
8,815,426
11,449,715
77.0%
8,845,003
11,2847368
78.4%
FIRE
3,5067332
4,1643541
84.2%
32349,421
41193,418
79.9%
ADMIN & COMMUNITY SVCS
51224,050
61456,743
80.9%
4,888,531
5,595,700
87.4%
COMMUNITY DEVELOPMENT
949,412
11208,878
78.5%
827,724
1,101,400
75.2%
ENGINEERING
11073,257
115143469
70.9%
1,047,357
1,193,280
87.8%
MISC. NON- DEPARTMENT
51485,423 *
73203,966
76.1%
6,845,243
3,545,360
193.1%
LIBRARY
955,576
11148,380
83.2%
990,101
1,148,880
86.2%
TOTAL EXPENDITURES
272957,202
352552,167
78.6%
283638,698
303371,006
94.3%
ENDING FUND BALANCE
8,7062602
6,762,489
810892632
6,000,000
TOTAL EXPEND & END FUND BAL
36,663,805
42,314,656
36,728,330
36,371,124
AVAILABLE CASH BALANCE 71960,125 91323,180
PERCENTAGE OF BUDGET ALLOCATED FOR 10 MONTHS 83%
* $1,650,000 early pay -off 2002 LTGO
" Includes new (June 2012) Public Safety tax.
These statements are intended for Management use only.
6(b)
AGENDA REPORT
FOR: City Council
t
TO: Gary Crutchfie y anager &ty Rick Terway, Acmi ' ative & C Services Director
FROM: Dunyele Mason, vinancial Services Manager c'j>vl�
SUBJECT: 2013 Property Tax Levy — Report
I. REFERENCE(S):
I. Assessed Value History Chart
2. Tax Levy Rate History Chart
3. Summary of Options
4. Proposed Ordinance for the 2013 Ad Valorem Tax
5. Proposed Ordinance Preserving Property Tax Levy Capacity
November 5, 2012
Workshop Mtg. 11/13/12
Regular Mtg.: 11/19/10
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
11/13 Discussion
11/19 Public Hearing
Motion: I move to adopt Ordinance No providing for the 2013 Ad
Valorem Tax Levy, a levy for the 1999 Unlimited Tax General Obligation
Bonds and the 2002 Unlimited Tax General Obligation Refunding Bonds.
Motion: I move to adopt Ordinance No. , preserving property tax levy
capacity for fiscal years after 2012 in accordance with State law.
III. HISTORY AND FACTS BRIEF:
The maximum allowed levy rate, per State statute, that the city can levy (per $1,000 of assessed
value) is $3.60. The last time Pasco's levy rate was near that number was in 1994. From 1994
through 1999, the levy rate was reduced by not levying any of the allowable 6% increase
available at that time.
In November 1999, the legislature reduced the Motor Vehicle Excise Tax (MVET) to $30 per
vehicle. To compensate for this loss, Council elected to use most of the unused or banked levy
capacity. The levy rate for 2000 taxes was set at $3.07 per $1,000 of assessed value — still well
below the $3.60 maximum.
In 2001,
the voters approved Initiative 747, limiting the amount taxing
districts could raise the
property
tax levy over the previous
year by the lesser of 101% or the
Implicit Price Deflator
(IPD), without voter approval. In
November 2007, that initiative was challenged and ruled
unconstitutional in the Washington State Supreme Court; that decision returned the limit to the
lesser of 6% or IPD. Council chose not to increase the 2008 property tax levy rate by any
allowable legal limit.
In January 2008, the legislature placed into law those limits (suggested by I -747). The legal limit
was to be the lesser of 1% or IPD; this limit is still in effect today. IPD is a national inflation
indicator much like the Consumer Price Index. The IPD figure to be used for the 2013 tax
calculation is 1.295 %.
The preliminary budget document has been prepared using an estimated property tax levy of
$6,400,000 which is less than Option 1 and Option 2 as can be seen in the attached Summary of
Options. Option 1 reflects an increase of $63,279 allowed by the 101% limit while Option 2
retains 100% of the 2011 levy. Option 3 shows the maximum amount the City could collect if
Council chose to levy all prior property tax authority that has been preserved for future use
(according to the State Department of Revenue calculations).
7(a)
Pasco has been holding steady and been buffered from the worst of the poor overall economic
conditions that affect other parts of the country. The State of Washington's economic challenges
could negatively affect 2013's outcomes if revenue sources from the state are sharply curtailed.
The 2013 budget anticipates cuts in certain state shared revenues and liquor tax distributions. It
includes the first full year of the voter approved Public Safety Tax which became effective April
2012. Overall major tax revenues for 2013 are projected to hold steady with 2012 year end
estimates.
Pasco has been fortunate in using conservative budgeting practices which has resulted in stable
fund balances to prepare the 2013 budget. Staff is projecting a $7.6 million beginning fund
balance and a $4.7 million ending fund balance in the General Fund for next year. The decreases
in fund balance in both 2012 and 2013 are predominately due to one -time investments in capital.
Notably the 2013 budget calls for a 2.3 million dollar cash payment of the Municipal Court
building project. Paying cash as compared to a 20 year debt service payment for the Municipal
Court project is estimated to save the Pasco citizens over 1 million dollars of interest payments.
The property tax levy for 2013 will be comprised of the following three elements:
1. General Property Tax Levy
2. 1999 Unlimited Tax General Obligation Fire Station/Library Bonds Debt Service
3. 2002 Unlimited Tax General Obligation Refunding (1993) Bonds Debt Service
The City is required to certify property tax levies with the County by November 30 of each year.
IV. DISCUSSION:
The Franklin County Assessor has provided a preliminary assessed valuation of $3,316,066,032
which is used to calculate the 2013 property taxes. This amount includes new construction of
$99,251,700 and increase in the State assessed utilities values of $0. There were no annexations
of property before the cutoff date of March 31st. The Franklin County Assessor's Office now
re- assesses all properties in the County each year.
GENERAL PROPERTY TAX LEVY
Several options for setting the 2013 levy are outlined as follows:
Option 1:
Since the IPD of 1.259% is greater than 1 %, last year's levy would be increased by the allowed
1% of $63,279 plus the value of new construction, new annexations and any increases in State
Assessed Utility values at last year's rate and adding those numbers to last year's total levy.
2012 (prior year) Total General Property Tax Levy ................. .....................$6,327,851
1 % increase in the levy rate based on the allowable maximum increase amount
(lesser of IPD or 1 %) ................................... ............................... ........................$63,279
■ New Construction Values of $99,251,700 using the 2011 (prior year) rate of
$1.968362/$1,000 Assessed Value ............. ............................... .......................$164,663
• New Annexation Values of $0 using the 2011 (prior year) rate of $1.968362/$1,000
AssessedValue ................................................................................ ..............................0
• Increase in the State Assessed Utilities of $0 using the 2011 rate of $1.968362/$1,000
AssessedValue .............................................................. ............................... $0
Total Proposed 2013 Levy $61555,792
A 2013 General Levy of $6,555,792 using the assessed value of $3,316,066,032 calculates to a
levy rate of $1.97698 per $1,000 of assessed value. Under this option, the 2013 levy rate would
be approximately $0.009 per $1,000 more than the 2012 rate of $1.968362
Option 2:
Council could choose not to assess the I% allowed and there would be no increase from 2012 to
2013's levy except to add increased value related to new construction, annexations and the
changes in the value of State assessed utilities. This would set the levy rate at $1.95790 per
$1,000 of assessed value. The decrease in the levy rate of $0.01046 is a function of changes in
the assessed value between 2012 and 2013. Using Option 2, the 2013 total General Property Tax
Levy would be $6,492,514. Under Option 2, the 2013 General Property Tax "base" levy would
remain unchanged at $6,327,851 compared to the $63,279 increase as described in Option 1.
Option 3•
Beginning in 1993 and continuing through 2012, the City has preserved its accumulated taxing
capacity of $7,929,768. If the City was to levy all of the tax available in Option 3 and choose to
levy all the preserved levy capacity, the general levy would increase to $8,173,728. The levy
rate would calculate to $2.46489 per $1,000 of assessed value, still well below the maximum rate
allowed per State statute of $3.60 per $1,000 of assessed value. Selecting this option would
require a "super majority" vote of the Council, or five affirmative votes.
PRESERVING FUTURE LEVY CAPACITY
Preserved levy capacity, also referred to as "banked" levy capacity, is NOT money that has been
put into a bank account. It is merely capacity that has not been levied and, therefore, dollars left
in the pockets of the taxpayers. The purpose of RCW 84.55.092 allowing a governmental entity
to preserve future levy capacity is to "remove the incentive for a taxing district to maintain its tax
levy at the maximum level permitted under this chapter, and to protect the future levy capacity of
a taxing district that reduces its tax levy below the level that it otherwise could impose under this
chapter, by removing the adverse consequences to future levy capacities resulting from such levy
reductions." This simply means if the tax is not needed, a City does not have to set the levy at
the maximum amount. The City can reserve that resource for future use. Preserving any unused
levy capacity requires a "super majority" vote of the Council.
A preservation ordinance has been prepared should any unused levy capacity be available to
preserve. If council enacts Option 2, then the banked levy capacity for future years would be
$1,681,214 which is highest lawful levy amount of $8,173,728 less the actual levy amount of
$67492,514.
1999 UNLIMITED TAX GENERAL OBLIGATION BOND DEBT SERVICE
The 2013 debt service requirement for the 1999 UTGO Bonds issued for the purpose of the
Library Remodel and Fire Station Relocation is $61,106 and $77,394, respectively. Staff
recommends the 1999 Unlimited Tax General Obligation Bond tax levy be set at those amounts.
The two numbers are not combined because they appeared on the official ballot separately when
voted upon. The county assessor's office requires we set these levies separately.
The estimated assessed value for properties subject to the tax is $2,800,606,866; this will result
in levy rates of approximately $0.0218 and $0.0276 respectively, or a combined levy rate of
$0.0494. The 2012 levy rates were $0.0229 and $0.0290, respectively, or $0.0519 combined.
The schedule of payments calls for principal payments of $100,000 each year. This will result in
decreased levy rates for the remaining payment schedule as the interest portion declines. The
final payment for these bonds occurs in December 2019.
2002 UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS
The 2002 Unlimited Tax General Obligation Refunding Bonds were issued to refund the 1993
General Obligation Bonds to take advantage of lower interest rates available and save the
taxpayer's money. The debt service requirements in 2013 for the 2002 UTGO Refunding Bonds
is $379,600 and staff recommends the 2002 Unlimited General Obligation Refunding Bonds tax
levy rate be set at that dollar amount. The assessed value for properties subject to the tax is
estimated at $2,507,380,822. This equates to a levy rate of $0.1514 per $1,000 of assessed
value. This is a slightly lower rate compared to the 2012 levy rate of $0.1521. The final
payment for these bonds occurs December 1, 2013.
2013 SUMMARY OF OPTIONS
Assessed Value (including New Construction, Annexations & Utilities) $ 3,316,066,032
OPTION 1
Prior Year Total General Property Tax Levy $ 6,327,851
1.000% 1% or IPD - Increase in the levy rate based on the 63,279
allowable maximum increase amount
(Lesser of IPD 1.295% or 1 %) 1%
New Construction Values of
$
8326545800
at the 2012 rate of
$
1.968362
per
$1,000
164,663
of Assessed Value
Annexation Values of $ -
at the 2012 rate of
$
1.968362
per
$1,000
0
of Assessed Value
Increase in the State Assessed Utilities
at the 2012 rate of
$
1.968362
per
$1,000
0
of Assessed Value
Levy rate of $ 1.97698 per $1,000
of Total
Assessed Value
$
69555,792
OPTION 2
Prior Year Total General Property Tax
Levy
$
6,327,851
IPD - No Increase of 1 % in the levy rate
0
New Construction Values of
$
83,654,800
164,663
at the 2012 rate of
$
1.968362
per
$1,000
of Assessed Value
Annexation Values of
$
-
0
at the 2012 rate of
$
1.968362
per
$1,000
of Assessed Value
Increase in the State Assessed Utilities
$
-
at the 2012 rate of
$
1.968362
per
$1,000
0
of Assessed Value
Levy rate of $ 1.95790 per $1,000
of Total
Assessed Value
$
694929514
OPTION 3
Highest Lawful Levy from Previous Years
$
7,9295768
Declare substantial need and increase highest allowed
by 1%
795298
New Construction Values of
$
831654,800
at the 2012 rate of
$
1.968362
per
$1,000
1643663
of Assessed Value
Annexation Values of $
at the 2012 rate of
$
1.968362
per
$1,000
0
of Assessed Value
Increase in the State Assessed Utilities
$
-
at the 2012 rate of
$
1.968362
per
$1,000
0
of Assessed Value
Levy rate of $ 2.46489 per $1,000
of Total
Assessed Value
$
891739729
\ \SOL02 \Finance\A FINANCE MANAGER \BUDGET - Working Files \PROPERTY TAX\2013 Taxes Levied in 2012\2013 SUMMARY OF
10/24/2012 5:18 PM OPTIONS.xlsx
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE 2013 AD VALOREM TAX LEVY, A LEVY
FOR THE 1999 UNLIMITED TAX GENERAL OBLIGATION BONDS AND A LEVY
FOR THE 2002 UNLIMITED GENERAL OBLIGATION REFUNDING BONDS IN THE
CITY OF PASCO IN ACCORDANCE WITH STATE LAW.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN
AS FOLLOWS:
§l. The City Council of the City of Pasco (the population of which is greater than 10,000)
has met and considered its budget for the calendar year 2012;
§2. The City Council of the City of Pasco after public hearing and after duly considering
all relevant evidence and testimony presented, determined that the City of Pasco requires a
regular levy in the amount of $6,492,514, which does NOT include any of the allowable
percentage increase in property tax revenues from the previous year, and does include amounts
resulting from the addition of new construction and improvements to property and any increases
in the value of state - assessed property, and amounts authorized by law as a result of any
annexations that have occurred and refunds made, in order to discharge the expected expenses
and obligations of the district.
RCW 84.55.120 requires a specific statement regarding the amount of any increase in
regular property tax from the previous year. The actual general levy amount from the previous
year (2012) was $6,327,851. The City Council of the City of Pasco hereby authorizes the
following increase in the regular property tax levy to be collected in the 2013 tax year. The
dollar amount of the increase over the actual levy amount from the previous year shall be $0
(ZERO) which is a percentage INCREASE of 0% (ZERO PERCENT) from the previous year.
This increase is exclusive of additional revenue resulting from the addition of new construction
and improvements, newly constructed wind turbines to property, any increase in the value of
state assessed property, and any additional amounts resulting from any annexations that have
occurred and refunds made.
The property tax from new construction to be included in the actual levy is calculated to
be $164,663. This number is the result of the amount of new construction and improvements to
property of $83,654,800, provided by the Franklin County Assessor's Office, multiplied by the
2012 (prior year) levy rate of $1.968362 per $1,000 of that value. The property tax from
increased value in State assessed utilities is calculated to be $000. This number is the result of
the increase in value of State assessed utilities of $000 multiplied by the 2012 (prior year) levy
rate of $1.968362 per $1,000. There was no additional amounts resulting from any annexations
that have occurred or refunds made.
§3. A tax for
the following sums of
money which includes new
construction and
annexations to defray the expense and liabilities
of the City of Pasco be and the same is hereby
levied for the purposes
specified against all taxable property in the City for the
fiscal year 2013:
General Expense, including Councilmanic Bond Debt Service $6,492,514
1999 Unlimited Tax General Obligation Bond/Library Remodel 615106
1999 Unlimited Tax General Obligation Bond/Fire Station 77,394
2002 Unlimited Tax General Obligation Refunding Bonds 379,600
$7,010,614
§4. This Ordinance shall take effect five (5) days after passage and publication.
Adopted by the City Council of the City of Pasco, on this 19th day of November, 2012.
City of Pasco:
Matt Watkins, Mayor
Attest:
Debra L. Clark, City Clerk
Approved As To Form:
Leland B. Ken, City Attorney
ORDINANCE NO.
AN ORDINANCE PRESERVING THE PROPERTY TAX LEVY
CAPACITY IN THE CITY OF PASCO,' WASHINGTON FOR FISCAL
YEARS AFTER 2012 IN ACCORDANCE WITH STATE LAW.
WHEREAS, to provide the property tax revenues required by the general operating
budget of the City for fiscal year 2013, City Council of the City of Pasco levied property taxes
on all taxable property in the City for collection in fiscal year 2013 in the total amount of
$6,492,514, which dollar amount is the sum of (a) $6,327,851which is the amount of property
taxes levied by the City in fiscal year 2012, plus (b) $0 of the allowable increase of the lesser of
1% or the Implicit Price Deflator (1.295 %), (c) $164,663 which is the amount of additional taxes
at the 2012 (prior year) levy rate of 1.968362 cents per $1,000 of assessed value resulting from
the addition of new construction and improvements to property in the City, plus (d) $0 relating to
property annexed into the City during fiscal year 2012, and (e) $0, which is the amount of
additional taxes at the 2012 (prior year) levy rate of 1.968362 cents per $1,000 of assessed value
resulting from the increase in value of State - assessed utility property in the City; and,
WHEREAS, the City Council of the City desires to preserve in accordance with State
law (including but not limited to Chapter 84.55 RCW) the capacity of the City to levy property
taxes in future fiscal years after 2013, calculated as if the City in fiscal year 2012 had levied the
full amount allowed by state law upon a finding of substantial need therefore; and
WHEREAS, upon a finding of substantial need and based upon limit factors of the lesser
of 101% or IPD (1.295 %) for the previous year and limit factors of 101% or 106% and IPD for
previous years as provided by RCW 84.55.0101 and $3.60 per $1,000 of assessed value by RCW
84.52.043 and 41.16.060, the City would be permitted to levy property taxes for fiscal year 2013
in a total amount of $8,173,729 (the "full amount allowed by law "), which dollar amount is the
sum of (a) $8,009,066 (the lesser of the amount calculated by multiplying the allowable 2012
property tan levy of $7,929,768 times the limit factor of 101% (the lesser of 101% or IPD or the
$3.60 per $1,000 statutory limitation), plus (b) $164,663, which is the amount of additional taxes
at the 2012 (prior year) levy rate of $1.968362 cents per $1,000 of assessed value resulting from
the addition of new construction and improvements to property in the City, plus (c) $0 for
property annexed into the City during fiscal year, and (d) $0, which is the amount of additional
taxes at the 2012 (prior year) levy rate of $1.968362 cents per $1,000 of assessed value resulting
from the increase in value of State assessed utility; and
WHEREAS, the full amount allowed by law for fiscal year 2013 of $8,173,729 is
$1,681,214 greater than the actual property tax levy of the City for fiscal year 2012 of
$6,492,514 and such excess represents the unused 2013 property tax levy capacity that the City
desires to preserve for future fiscal years after 2012;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The City Council of the City finds and determines that there is substantial
need for the City to preserve, for future fiscal years after 2013, the capacity to levy property
taxes on all taxable property in the City in the amount of $1,681,214, which is equal to the
unused levy capacity of the City for fiscal year 2013. This substantial need includes, without
limitation, the anticipated future requirements for additional property tax revenues that will be
needed for the construction and /or maintenance of roads, streets, bridges and other transportation
facilities of the City; to satisfy anticipated and unanticipated new regulatory requirements
applicable to the City; to provide for potential excess costs of capital facilities; and generally to
meet other substantial future financial requirements of the City.
Section 2. This ordinance shall take effect and be in force from and after its passage and
five days following its publication as required by law.
ADOPTED by the City Council by the affirmative vote of a majority plus one vote of the
members thereof and APPROVED by the Mayor of Pasco, Washington, at a regular open public
meeting thereof, this 19th day of November, 2012.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
AGENDA REPORT
FOR: City Council November 7, 2012
TO: GaryCrutchfiel , i anager Workshop: 11/13/12
Rick White, 1 Regular Mtg.: 11/19/12
Community & Economic Development Director �I%
FROM: Dave McDonald, City Planner
SUBJECT: Zoning Determination — Riverview Annexation Area #2 (City of Pasco) (MF# ZD
2012-001)
I. REFERENCE(S):
1. Recommended Zoning Map
2. Proposed Ordinance
3. Planning Commission Report
4. Planning Commission Minutes Dated: 10/18/12
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
11/13: DISCUSSION:
11/19: MOTION: I move to adopt Ordinance No. an Ordinance
establishing R -S -20 and C -1 zoning for the Riverview
Annexation Area #2 and, further, to authorize publication by
summary only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On October 29, 2012 the City Council held a public hearing to consider the
annexation of approximately 608 acres generally south of the FCID Canal between
Road 68 and Road 52. Following the hearing, Ordinance 4077 was adopted causing
the area in question to be annexed on January 1, 2013.
B. As a part of the annexation process the Planning Commission held a public hearing
on October 18, 2012 to develop a recommendation for a zoning designation for the
annexation area. The Planning Commission recommended the annexation area be
zoned R -S -20 and C -1 (Retail Business) as depicted on Reference No. 1.
C. The proposed ordinance reflects R -S -20 and C -1 zoning as recommended by the
Planning Commission.
V. DISCUSSION
A. In developing their recommendation the Planning Commission considered the
Comprehensive Plan and land use patterns before selecting zoning districts that most
closely matched County zoning for the area. As a result most of the area was
recommended for R -S -20 zoning with a minor amount of CA zoning along Court
Street. The Planning Commission recommendation contains one deviation from the
County zoning. The County zoning included about 52 acres of R -2 Medium Density
zoning. Much of that R -2 zoning is already developed with single- family homes, or
was conditioned to restrict development to single - family site built homes on 20,000
square foot lots. Essentially those areas were zoned R -2 with R -S -20 development
standards. However, some of the vacant R -2 zoning along Court Street was not
restricted to single - family development but was open to any multi- family development
permitted by the R -2 regulations. To match current development patterns and preserve
the established single - family character of the neighborhood, the Planning Commission
recommended all areas zoned R -2 be zoned R -S -20 upon annexation.
8(a)
ORDINANCE NO,
AN ORDINANCE assigning zoning to certain real property within the City of
Pasco.
WHEREAS, on October 18, 2012, the Planning Commission of the City of Pasco
conducted a public hearing to develop a recommendation for the assignment of zoning to
properties within the area known as Riverview Annexation Area #2; in the event those
properties were incorporated within the City; and
WHEREAS, after conduct of the public hearing, the Planning Commission adopted
findings of fact and recommended that zoning be assigned as depicted on Exhibit No. 1; and
WHEREAS, the recommended zoning is consistent with the Comprehensive Plan of
the City of Pasco and forwards the general welfare of residents within Riverview Annexation
Area #2; and
WHEREAS, a public hearing on the proposed annexation was held on October 29,
2012; and
WHEREAS, on October 29, 2012 Ordinance No. 4077 was adopted which annexed
property contained within the Riverview Annexation Area #2 to the City of Pasco; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. That the following described areas, situated in Franklin County, Washington
to -wit:
Beginning at the southwest corner of Lot 4, Lamb Estates, said corner being the
TRUE POINT OF BEGINNING; Thence easterly along the south line of Lots 4, 3, 2 and 1 of
Lamb Estates to the intersection with the west right -of -way line of Road 62; Thence easterly
along the easterly projection of the south line of Lot 1, Lamb Estates to the east right -of -way
line of Road 62; Thence northerly along said east right -of -way line to the north line of Lot 8,
Sunflower Estates; Thence easterly along the north line of said Lot 8 to the intersection with
the west right -of -way line of Road 60; Thence easterly along the easterly projection of the
north line of said Lot 8 to the intersection with the east right -of -way line of Road 60; Thence
southerly along the east right -of -way line of Road 60 to the intersection with the north right -of-
way line of Sylvester Street; Thence easterly along the north right -of -way line of Sylvester
Street to the intersection with the east right -of -way line of Road 52; Thence northerly along
the east right -of -way line of Road 52 to the intersection with the easterly projection of the
I
south right -of -way line of West Agate Street; Thence westerly along the easterly projection of
the south right -of -way line of West Agate Street to west right -of -way line of Road 52; Thence
westerly along the south right -of -way line of West Agate Street to the northwest corner of Lot
7, Farrell Addition said northwest corner being on the east line of the west half of the southeast
quarter of the southeast quarter of Section 22, Township 9, North, Range 29 East W.M.;
Thence northerly along the east line of west half of the southeast quarter of the southeast
quarter of Section 22, Township 9, North, Range 29 East W.M to the intersection with the
northeast corner of Lot 4, Bales Place; Thence westerly along the north line of Lots, 4, 3, 25
and 1 of Bales Place to the intersection with the east right -of -way line of Road 56; Thence
northerly along the east right -of -way line of Road 56 to the intersection with the easterly
projection of the north line of Lot 1, Block 2, Jensen Estates; Thence westerly along the
easterly projection of the north line of said Lot 1 to the intersection with the west right -of -way
line of Road 56; Thence northerly along the west right -of -way line of Road 56 to the
intersection with the easterly projection of the south line of Lot 13, Park Knoll Subdivision;
Thence easterly along the easterly projection of said Lot 13, to the point on the north right -of-
way line of West Wernett Road said point being 89.71 feet west of the southeast corner of Lot
40, Park Knoll Subdivision; Thence easterly along the north right -of -way line of West
Wernett Road to the intersection with a point on the north right -of -way line of West Wernett
Road said point being 101.28 feet east of the southwest corner of Lot 1, Diamond Ridge;
Thence along a 25 foot radius to the left having an arc distance of 38.81 feet and a central
angle of 88 degrees, 57 minutes, and 2 seconds to a point on the west right -of -way line of
Road 52 said point being 174.49 feet south of the northeast corner of said Lot 1; Thence
northerly along the west right -of -way line of Road 52 to a point on said right -of -way being
245.23 feet north of the southeast corner of Lot 2, Short Plat 2008 -13; Thence along a 25 foot
radius to the left having an arc distance of 39.75 feet and a central angle of 91 degrees, 05
minutes and 31 seconds to a point on the south right -of -way line of Richardson Road, said
point being 155,12 feet east of the northwest corner of Lot 2, Short Plat 2008 -13; Thence
westerly along the south right -of -way line of Richardson Road to a point 223.49 feet west of
the northeast corner of Lot 9, Diamond Ridge; Thence north to the north right -of -way line of
Richardson Road; Thence westerly along the north right -of -way line of Richardson Road to
the intersection with the southerly projection of Lot 7, Riverhills Addition; Thence northerly
along the southerly projection of said Lot 7, to the southeast corner of said Lot 7; Thence
northerly along the east line of said Lot 7, and northerly along the east line of Lot 5, Riverhills
Addition to the south right -of -way line of West Livingston Road; Thence northerly along the
northerly projection of the east line of said Lot 5, to a point on the north right -of -way line of
West Livingston Road, said point being the southeast corner of Lot 3, Riverhills Addition;
Thence northerly along the east line of said Lot 3, and northerly along the east line of Lot 1,
Riverhills Addition to the south right -of -way line of West Dradie Street; Thence northerly
along the northerly projection of said Lot 1, to the intersection with the northwest corner of Lot
1, Short Plat 76 -23, said northwest corner being on the south right -of -way line of West Dradie
P]
Street; Thence easterly along the south right -of -way line of West Dradie Street to the
intersection with the southerly projection of the east line of Lot 1, Bosch Estates II; Thence
northerly along the southerly projection of said Lot 1 to the southeast corner of said Lot 1:
Thence northerly along the east line of said Lot 1 and the east line of Lots 2, 3, and 4 Bosch
Estates II to the south right -of -way line of West Argent Road; Thence northerly along the
northerly projection of the east line of Lot 4, Bosch Estates to the north line of West Argent
Road; Thence easterly along the north right -of -way line of Argent Road to the intersection
with the east line of Section 15, Township 9 North, Range 29 East W.M.; Thence northerly
along the east line of said Section 15 to the south right -of -way line of the Franklin County
Irrigation District No. 1 canal; Thence westerly along the south line of said irrigation canal
right -of -way to the intersection with northeast corner of Lot 2, Binding Site Plan 2006 -06.
Thence southerly along the east line of said Lot 2 to the north right -of -way line of West Argent
Road; Thence easterly along the north right -of -way line of West Argent Road to the
intersection with the northerly projection of the east line of the North 210' of East 150' of the
east half of the northeast quarter of the northwest quarter of the northwest quarter of Section
22, Township 9 North, Range 29 East, W.M.; Thence southerly along the northerly projection
of said east line to the south right -of -way line of West Argent Road; Thence easterly along the
south line of West Argent Road to the intersection with the northerly projection of the west
line of Lot 1, Quail Run; Thence southerly along said northerly projection to a point on the
east right -of -way line of Road 64 said point being 221.81 feet from the southwest corner of
said Lot 1; Thence southerly along the east right -of -way line of Road 64 to the intersection
with the southwest corner of Lot 4, Quail Run; Thence easterly along the south line of said
Lot 4 and easterly along the south line of Lot 5, Quail Run to the southwest corner of Lot 5,
Shaundee Estates; Thence easterly along the south line of said Lot 5, to the intersection with
the west right -of -way line of Road 61; Thence easterly along the easterly projection of the
south line of said Lot 5 to the southwest corner of Lot 6, Shaundee Estates; Thence easterly
along the south line of said Lot 6 and easterly along the south line of Lot 7, Shaundee Estates
to the west right-of-way line of Road 60; Thence northerly along the west right -of -way line of
Road 60 to the intersection with a point on the west right -of -way line of Road 60 said point
being 115.73 feet north of the southeast corner of Lot 10, Shaundee Estates; Thence easterly
to the east right -of -way line of Road 60; thence northerly along the east right -of -way line of
Road 60 to the south right -of -way line of West Argent Road; Thence easterly along the south
right -of -way line of West Argent Road to the intersection with a line 825 east of the west line
of the northwest quarter of the northeast quarter of Section 22, Township 9 North, Range 29
East W.M.; Thence southerly along said line to the intersection with the westerly projection of
the south line of Lot 4, Bosch Estates said intersection being on the west right -of -way line of
Road 57; Thence southerly along the west right -of -way line of Road 57 to the intersection
with the south line of the northwest quarter of the northeast quarter of Section 22, Township 9
North, Range 29 East W.M.; Thence westerly along said south line to the west right -of -way
line of Road 57; Thence southerly along the west right -of -way line of Road 57 to the
intersection with the north line of Lot 1, Short Plat 2000 -09; Thence westerly along the north
3
line of said Lot I to the intersection with the northeast corner of a parcel described as follows:
The south 594.16 feet of the west 227.73 feet of the east 495 feet of the west 825 feet of
southeast quarter of the northwest quarter of Section 22, Township 9 North, Range 29 East
W.M., except 30 feet for Wernett Road; Thence westerly along the north line of said
described parcel to the northwest corner thereof; Thence southerly along the west line of said
described parcel to the intersection with the northeast corner of Lot 1, Short Plat 76 -9;
Thence westerly along the north line of said Lot 1 to the east right -of —way line of Road 60;
Thence westerly along the westerly projection of the north line of said Lot 1 to the intersection
with the west right -of -way line of Road 60; Thence northerly along the west right -of -way line
of Road 60 to the intersection with the northeast corner of Lot 6, Block 2, Deschane's
Subdivision the same being the intersection of Road 60 and West Richardson Road; Thence
westerly along the south right -of -way line of West Richardson Road to a point on the north
line of Lot 1, Block 1 Buttercreek Estates Phase 1 said point being 133.70 feet west of the
northeast corner of said Lot 1; Thence along a 25 foot radius to the left having an are distance
of 38.68 feet and a central angle of 88 degrees, 39 minutes, and 10 seconds to a point on the
east right -of -way line of Road 68 said point being 127.66 feet north of the southwest corner of
said Lot 1; Thence southerly along the east right -of -way line of Road 68 to the intersection
with the westerly projection of the south line of Buttercreek Estates Phase 2; Thence easterly
along said westerly projection and along the south line of Buttercreek Estates Phase 2 to the
east line of Buttercreek Estates Phase 2; Thence southerly bearing south 00 degrees, 47
minutes and 36 seconds west for a distance of 15 feet; Thence easterly bearing north 89
degrees, 36 minutes and 44 seconds to the intersection with the east right -of -way line of Road
64; Thence southerly along the east right -of -way line of Road 64 to the intersection with the
westerly projection of the north line of Binding Site Plan 2001 -05; Thence easterly along the
westerly projection of the north line of said Binding Site Plan to the east right -of -way line of
Road 64; Thence southerly along the east right -of -way line of Road 64 to the point of
beginning; EXCEPT Lots 1, 2, 3 and 4, Binding Site Plan 2001 -05; Lots 1 and 2, Short Plat
2002 -02 Short Plat 2002 -02; Lamb Estates Lot 26; Hannah Meadows Lot 1, and that portion of
Tract 3 -C of the west '/2 of the southeast '/4 of the southwest '/4 of Section 22, Township 9
North, Range 29 East, lying south of the extended centerline of Agate Street as depicted in the
map attached hereto and labeled Exhibit "A" be and the same are hereby assigned R -S -20
zoning;
Section
2.
That the following described areas,
situated in Franklin County,
Washington to-
wit:
Lots 1, 2, 3 and 4, Binding Site Plan 2001 -05; Lots 1 and 2, Short Plat 2002 -02, Lamb
Estates Lot 26; Hannah Meadows Lot 1, and that portion of Tract 3 -C of the west '/I of the
southeast `/4 of the southwest % of Section 22, Township 9 North, Range 29 East, lying south of
the extended centerline of Agate Street as depicted in the map attached hereto and labeled
Exhibit "A" be and the same are hereby assigned C -1 zoning.
El
Section 3. That any and all zoning maps be and the same are hereby amended to
conform to the aforesaid assignment of zoning and as indicated on the map attached hereto as
Exhibit No. "A ".
Section 4. This ordinance shall be in full force and effect on January 1, 2013.
PASSED by the City Council of the City of Pasco this 19th day of November, 2012.
Matt Watkins, Mayor
ATTEST:
Debra Clark, City Clerk
5
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Exhibit 'A'
Riverview Annexation Area #2 Zoning
gent Roa
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Sylvester Street
REPORT TO PLANNING COMMISSION'
MASTER FILE NO: (MF# ZD2012 -001) APPLICANT: City of Pasco
ACTION DATE: 10/ 18/2012 PO Box 293
Pasco, WA 99301
BACKGROUND
REQUEST: Develop zoning recommendation for the Riverview Annexation Area #
2.
1) AREA
ID:
Area Size
# of
Dwellings
Population
Riverview Area # 2
608 acres
528
1,584
2) UTILITIES: City water lines are located in most streets throughout the
proposed annexation area. City sewer mains are located in Sylvester Street
and in Argent Road.
3) LAND USE AND ZONING: The proposed annexation area is currently zoned
R -S -20, R -2 and C- I under the County zoning regulations. About 90 percent
of the area (541 acres) is zoned R -S -20 and 8.5 percent (52 acres) is zoned
R -2. Thirty -three acres of the R -2 properties contain concomitant
agreements restricting development to single - family site built construction.
The other 19 acres of R -2 zoning does not contain any restrictions. R -2
zoning permits the development of multi - family structures. The R -2 zoning
is concentrated along Court Street and Road 68. The 13 acres of C -1 zoning
is located between Road 60 and Road 64 fronting Court Street,
4) COMPREHENSIVE PLAN: The Comprehensive Plan designates the proposed
annexation area for low density residential development, mixed residential
and commercial uses.
5) ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency
for this project. Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, and other information, a
threshold determination resulting in a Determination of Non - Significance
(DNS) has been issued for this project under WAC 197 -11 -158.
ANALYSIS
On October 4, 2012 the City Council approved Resolution 3407 accepting a
Notice of Intent to commence annexation proceeding for a 545 acre area of
Riverview, generally located between Road 68 and Road 52, southerly of the
FCID irrigation Canal. Following acceptance of the Notice and Intent and
prior to Council action on an annexation petition, the Planning Commission
is to hold a zoning determination hearing. The purpose of said hearing is for
the Planning Commission to recommend appropriate zoning districts for the
proposed annexation area in the event it may become part of the City.
In determining the most appropriate zoning for the annexation area the
Planning Commission needs to consider the existing land uses, development
patterns, current County zoning, policies of the Comprehensive Plan and the
land use designations of the land use map. The Planning Commission also
needs to be guided by the criteria in PMC 25.88.060 (as discussed below) in
developing a zoning recommendation.
Approximately 90 percent of the proposed annexation area is zoned R -S -20
and developed in a low- density suburban fashion. An additional 8.5 percent
of the area is also developed with lower density single - family dwellings on
properties zoned R -2 Medium Density Residential. Thirteen 13 acres of C -1
zoning is concentrated along Court Street between Road 64 and Road 60.
Most of the proposed annexation area is designated in the Comprehensive
Plan for low- density residential development with a band of mixed
residential paralleling Court Street and Road 68. There is also a pocket of
mixed residential/ commercial land set aside more or less near the
intersection of Road 60 and Court Street. The low density areas identify
lands that should be zoned for only low density development while the
mixed residential areas have been set aside to accommodate low density
through medium density development including multi- family units. The
mixed residential/ commercial identify lands that could be zoned for single -
family, multi - family and commercial development.
When comparing the current County zoning to the actual development
patterns there are several anomalies that should be pointed out. Almost all
of the 52 acres zoned R -2 Medium Density Residential has been developed
with low density single - family dwellings. A few parcels still remain vacant.
The R -2 zoning and the County R -2 development patterns are inconsistent
with each other. The R -2 zoning does not fully support the preservation of
the current single - family character of the neighborhoods. R -2 zoning
permits the development of duplexes, tri- plexes and other multi - family
development. There are also four neighborhoods within the proposed
annexation area that are currently zoned R -S -20 but developed with lots
that do not meet the R -S -20 lot size requirements. Neighborhoods in and
around Melville Road, 62 Place and Park Place were permitted by the County
to develop to the R -S -12 standards rather than the R -S -20 standards.
Instead of having the required 20,000 square foot lots these neighborhoods
were developed with 12,500 to 13,500 square foot lots.
A significant portion of the commercially zoned properties have been
developed with greater consistency between the established development
patterns and the current zoning.
The initial review criteria for considering a rezone application are explained
in PMC 25.88.030. The criteria are listed below as follows:
1. The changed conditions in the vicinity which warrant other or additional
zoning:
• The property is located within the Pasco Urban Growth Boundary.
• The property in question may be annexed to the City of Pasco.
• The major change is the annexation of the parcels in question.
Upon annexation the property will need to be zoned.
• The current R -2 zoned properties have been developed with single
family dwellings rather than multi - family dwellings,
2. Facts to justify the change on the basis of advancing the public health,
safety and general welfare.
The property may be annexed to the City and will need to be zoned. The
justification for the rezone is the fact that if a zoning designation is not
determined the property could become annexed without a zone. For the
advancement of the general welfare of the community the property needs
to be zoned consistent with the established development patterns.
Eliminating the R -2 zoning in areas that have developed with single -
family homes will protect the existing character and intended nature of
the single - family neighborhoods.
3. The effect rezoning will have on the nature and value of adjoining
property and the Comprehensive Plan.
Zoning the proposed annexation area to reflect the current County
zoning will maintain the current nature and value of the neighborhood
and surrounding areas. Changing those areas currently zoned R -2 and
developed in the County with single - family homes to a low density single -
family zone will provide additional benefits to the neighborhood and will
ensure areas developed with single - family homes will remain as single -
family neighborhoods.
4. The effect on the property owners or owner of the request is not granted.
Without the annexation area being assigned a specific zoning district, the
area will essentially be un -zoned upon annexation. The area needs to be
zoned for the benefit of the property owners and property owners
adjoining the proposed annexation area.
S. The Comprehensive Plan land use designation for the property.
The
Comprehensive Plan designates
much of
the annexation area for
low-
density residential development.
Certain
properties along Court
Street and Road 68 have been designated in the Plan for mixed
residential development. The mixed residential land use designation
permits the assignment of low density development. The Plan also
identifies areas for commercial development along Court Street. Sixty -
five percent of the commercially zoned properties on Court Street have
been developed
FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings
drawn from the background and analysis section of the staff report. The Planning
Commission may add findings to this listing as the result of factual testimony and
evidence submitted during the open record hearing.
1) The site is within the Pasco Urban Growth Boundary.
2) The Urban Growth Boundary was established by Franklin County in 1994.
3) The property is being proposed for annexation by the end of 2012.
4) The annexation area is identified in the Comprehensive Plan for mainly low -
density residential uses with a band of mixed residential/ commercial uses
along Court Street and Road 68.
5) Mixed residential development includes low density suburban development
through medium density multi - family development.
6) The Comprehensive Plan also identities sites along Court Street between
Road 60 and Road 64 for mixed residential/ commercial development.
7) Approximately 90 percent of the proposed annexation area is zoned R -S -20
8) Fifty -two acres within the proposed annexation area are zoned R -2.
9) Most of the properties zoned R -2 are developed with low density single -
family homes on lots that are 20,000 square feet or larger.
10) R -2 zoning permits the development of duplexes and multi - family dwellings.
11) Thirteen acres within the proposed annexation area are zoned C -1.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone the Planning Commission
must develop its conclusions from the findings of fact based upon the criteria
listed in PMC 25.88.060 and determine whether or not:
(1) The proposal is in accord with the goals and policies of the Comprehensive
Plan.
Zoning the properties to reflect the land use designations in the
Comprehensive Plan will cause the proposal to be in accord with the Plan.
(2) The effect of the proposal on the immediate vicinity will not be materially
detrimental.
Retaining low density zoning on those properties developed with low density
single-family homes will preserve the suburban nature of the neighborhood
and will have no material impact on surrounding properties. Rezoning those
areas currently zoned R -2 but developed with single-family homes to a
suburban single-family residential zone will be beneficial to the neighborhood
and surrounding properties. Two parcels along Court Street were approved
by Franklin County for R -2 zoning on May 25, 2011. The County R -2 rezone
was conditioned to prohibit multi family structures. In essence the County
created an R -2 single-family zone. To maintain consistency with the intent of
the County's May 2011 rezone for these two parcels Staff is recommending
the parcels be zoned R -S -20.
(3) There is merit and value in the proposal for the community as a whole.
It is in the best interest of the community and neighborhood to have the
annexation area zoned to support the low density nature of the area. Without
zoning, the value and character of the neighborhood would not be protected or
maintained.
(4) Conditions should be imposed in order to mitigate any significant adverse
impacts from the proposal.
Zoning the neighborhood consistent with the established development
patterns within the neighborhood will mitigate the impacts of the property not
being zoned upon annexation. If the area was zoned to reflect the land use
designations of the Comprehensive Plan and established densities and
development patterns no additional conditions are needed.
(5) A concomitant agreement should be entered into between the City and the
petitioner, and if so, the terms and conditions of such an agreement.
A concomitant agreement is not needed.
STAFF RECOMMENDATION
MOTION: I move the Planning Commission adopt the Findings of Fact as
contained in the October 18, 2012 staff report.
MOTION: I move, based on the findings of fact as adopted, the Planning
Commission recommend the City Council zone the Riverview
Annexation Area to R -S -20, R -2 and C -1 as indicated on the zoning
map identified as Exhibit # 1 attached to the October 18, 2012 staff
report.
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PLANNING COMMISSION MINUTES
10/18/2012
C. Zoning Determination Zoning Determination of unincorporated property
located in the Riverview Area IMF# ZD2012 -0011
Chairman Cruz read the master file number and asked for comments from staff
David McDonald, City Planner, explained that on June 18, 2012 the City Council
adopted a resolution accepting a notice of intent to commence annexation proceedings
for the Riverview Annexation Area #2. The 608 acre area was briefly described as was
the zoning determination process. Mr. McDonald stated the purpose of the hearing
was not to discuss the merits of annexation but only to develop a recommendation for
zoning in the event the area is annexed.
Mr. McDonald discussed the current zoning and land use found within the annexation
area pointing out most of the area (90 percent) is currently zoned R -S -20. About 8 '/2
percent of the area is zoned R -2 (Medium Density Residential) and around 13 acres
between Road 60 and Road 64 are zoned C -1. Most of the C -1 zoning is occupied by
the mini - storage facility on the north side of Court Street, east of Road 64.
When comparing County zoning with the actual land use with in the annexation area
Mr. McDonald stated there were some anomalies the commission should be aware of.
One of the anomalies is the Buttercreek Estates area. Buttercreek Estates was zoned
R -2 by the County but was developed with single - family homes on half acre lots. The
band of R -2 along Court Street is the same way, mostly developed with single - family
homes.
Mr. McDonald explained that zoning the properties R -2 would not provide the
neighborhoods within the annexation area the protection people are looking for with
respect to maintaining the character of the neighborhood. R -2 zoning allows duplexes,
triplexes and fourplexes to be built in addition to single - family homes. A good share of
the R -2 zone within the County is zoned with a concomitant agreement restricting
development to single - family however there are some developments that do not have
agreements in place. There is no or simple or effective way for the City to go back and
institute a concomitant agreement when so many property owners are involved. It was
recommended these areas all be zoned R -S -20
The current County zoning map was reviewed along with a map showing
recommended zoning for the area. Staff proposed zoning most properties R -S -20,
including the Buttercreek Estates area and the other currently zoned R -2. The R -S -20
zone would provide the neighborhood with the protection the neighbors are looking to
retain the current neighborhood character. Staff also recommended retaining some C-
1 zoning along Court Street including the mini - storage properties. There is on small lot
on the south side of Court Street staff recommended be rezoned to R -S -20. The lot is
only 11,000 square feet and not large enough for commercial development.
Commissioner Hilliard asked if staff had heard from the property owner of the parcel
that is currently zoned C -1 that staff is recommending rezoning to residential.
Mr. McDonald stated that he has not.
Commissioner Levin asked if 90 percent of the Riverview Annexation area is R -S -20
and if the recommendation from the City is to keep the same zoning.
Mr. McDonald answered that it is about 90 percent and that the City is recommending
keeping the R -S -20 and rezoning the R -2 areas to R -S -20.
Chairman Cruz stated that everything proposed is intended to keep or lower the
density use.
Mr. McDonald clarified the statement Chairman Cruz made by saying that all of the R-
S-20 zoning will remain and the R -2 areas will be rezoned to RS -20 even the vacant
lots.
Rick White, Community & Economic Development Director,. stated that with the
County concomitant agreements, those properties zoned R -2 are not only limited to
site built houses on large lots but they also incorporate the standards for animals that
are present in R -S -20 zones
Chairman Cruz stated that the City is recommending low- density zoning consistent
with the current use of the area.
Commissioner Khan asked if the lots smaller than 20,000 square feet would also be
zoned R -S -20.
Mr. McDonald answered they lots would be zoned R -S -20 as a non- conforming lots but
would be legal lots, meaning if the building was damaged it could be rebuilt.
Commissioner Hilliard asked if there have been any duplexes built at this time in
Buttercreek.
Mr. McDonald answered that it is all single - family homes.
Chairman Cruz asked if there is any commercial bias towards expanding the
commercial node at Road 68 and Court Street.
Mr. McDonald answered that Road 68 isn't in the proposed annexation area.
Chairman Cruz asked then if the commercial area in the annexation area would have
large stores, such as Walmart. It is going to be smaller retail, not a large commercial
hub in that area.
Mr. McDonald answered that is correct.
With no further questions from the Planning Commission the public hearing was
opened.
Steven Schlegel, 9304 W. Richardson Road, stated that the proposed zoning seems
proper and maintains the feeling of the area.
Les Litzenberger, 6105 W. Argent Road, spoke in support of the proposed zoning.
Maintaining RS -20 zoning is ideal for the area.
Rick Weiss, 6617 Buttercreek Court, stated that R -S -20 zoning would be great. The
neighborhood was concerned about high -rises being built in a field next to them so the
R -S -20 zone would stop that from happening. Mr. Weiss asked a question about the
process and Planning Commission.
Chairman Cruz answered that the Planning Commission represents the citizens of the
City of Pasco looking at things such as zoning, special permits and codes. The
Planning Commission's recommendation then goes to City Council and they debate
and make the actual decision.
Pam Kelly, 8414 W. Bell Street, stated she did not live in the proposed annexation area
but wanted to voice her support. The proposed zoning looks good but she was
concerned that the zoning would change after the annexation. She asked if it would
be possible for the zoning to change.
Commissioner Anderson answered that he has been through two annexations
personally. In both cases the zoning has remained the way the City had zoned the
area.
Mr. White stated that the City cannot stop a person from requesting a zone change.
However, there would be public hearings that would be well publicized. The goal is to
maintain the character of the neighborhood but staff cannot stop people for applying
for something else.
Leonard Harms, 1705 Road 64, stated that he has been following the annexation
process and was part of the twelve member annexation team that met to look at the
overall comparison between County and City. The proposed zoning was a high level
interest. After the presentation from staff most of the questions have been answered
that he has heard expressed.
Jeff Hendler, 3016 Road 56, asked why 22,000 square feet is required for wells, sewer
and septic tanks since he's been hearing that number. At 20,000 square feet, the
minimum for R -S -20 zoning, that doesn't meet that requirement.
Mr. McDonald answered that the Benton Franklin Health District set the requirement
for septic tanks. Through the platting process developers have to make their lots the
proper sizes for septic tanks. Mr. McDonald also said that 22,000 square feet is also
the minimum for a horse or a cow.
Rick Dunbar, 3112 Chardonnay Drive, voiced concern about the R -S -20 zoning. He
said the City recommends keeping similar zoning as the County but he feels that the
City looks a lot denser than the annexation area. He feels that eventually smaller lots
would be developed in the area if it's annexed. He stated that many people really
wanted the opportunity to vote on annexation.
Chairman Cruz stated that concern was incorrect. The lot sizes would have to remain
20,000 square feet unless someone applied for a change in zoning which would be a
public process advertised with public hearings. The City does not intend to make the
area high density.
Alicia Chabrier, 2909 N. Road 76, asked if the City Council might not take the
recommendation of the Planning Commission.
Chairman Cruz answered sometimes they do not take the recommendations of the
Planning Commission but they are required to consider the testimony developed at the
Planning Commission Meetings in their decision making process.
Mr. McDonald added that of the 22 annexations that have preceded the current one,
there has only been one case where the City Council and the Planning Commission
disagreed on zoning. The Planning Commission recommended R -S -12 and during the
course of the annexation hearing the City Council zoned it R -S -20.
Leonard Harms, 1705 Road 64, spoke on the lot size requirement by the Benton
Franklin Health District. While a half acre is their minimum size, that is net size. If
there are any easements on that property they have to be considered as not part of the
half acre. Oftentimes the lots need to be more than the a half acre because of
irrigation easements and wells.
With no further comments the public hearing was closed.
Commissioner Khan moved, seconded by Commissioner Greenaway, to adopt the
findings of fact as contained in the October 18, 2012 staff report. The motion passed
unanimously.
Commissioner Khan moved, seconded by Commissioner Greenaway, based on the
findings of fact as adopted, the Planning Commission recommend the City Council
zone the Riverview Annexation Area to R -S -20, R -2 and C -1 as indicated on the zoning
map identified as Exhibit #1 attached to the October 18, 2012 staff report. The
motion passed unanimously.
AGENDA REPORT
TO: City Council i October 30, 2012
FROM: GaryCrutchfie anager WorkshopMtg.:11 /13/12
1 Regular Mtg.: 11/19/12
1
SUBJECT: Agreement for Joint use of County Facility, Municipal Court
I. REFERENCE(S):
1. Proposed Agreement
2. Joint Resolution — City Resolution 3170
3. Projected Facility Costs
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11/13: Discussion
11/19: MOTION: I move to approve the Interlocal Agreement with Franklin County
for Joint Use of the County Facility and, further, authorize the
Mayor to sign the Agreement.
III. FISCAL IMPACT:
Costs are summarized in Discussion Paragraph C, below.
IV. HISTORY AND FACTS BRIEF:
A) In November 2011, voters approved a sales tax designated for public safety
purposes, including the improvement, expansion and maintenance of the County
jail. The City's 40 -year pre -paid lease for Municipal Court space in the County
Public Safety Building was due to expire in May 2012. In April, the City and
County agreed to a renewal of the lease agreement (with rent of nearly $41,500
per year, plus expenses of an estimated $32,600 per year), intended to
accommodate the Municipal Court until completion of the new jail project which
includes areas for County Sheriff and Municipal Court. The lease renewal
extends to the completion date of the new facility.
B) Staff from the County and City have been working to draft a long -term agreement
for the City's participation in the new jail construction project with City
occupancy of a portion of the new building for Municipal Court. The County
Commission has approved the agreement (October 24) and staff recommends
approval by the Council.
V. DISCUSSION:
A) The new agreement incorporates the "Principles of Agreement" which were
approved by both parties in June of 2009 as memorialized in City Resolution No.
3170 (attached). Key provisions of the new use agreement are as follows:
• The City will have approximately 10,768 sq. ft. for its exclusive use for the
Court. There will also be approximately 4,954 sq. ft. of joint use area
(restrooms, halls, stairs, etc.) for which the City will pay a proportional share
(1/2) of the construction costs.
• The City will pay for its share of construction costs as such costs are billed
during completion of the project.
• The City will have an 80 -year right to use the facility; with the County's
option, after 40 years, to purchase the City's interest to use the space for
County purposes.
10(a)
As with the past
and current
practice,
the City
will continue to
pay a
proportional share
of operational
expenses
(custodial,
utilities, security,
etc.).
B) With the City's approval of the agreement, the County will proceed with
construction of the project (building plans are in the final stages of review). The
City has been able to work with the project architects to design a court facility
which should serve the City's needs for many years. Of particular note is the
inclusion of a second, smaller courtroom in the construction plans. This will
allow greater flexibility for the court as well as providing for the expanded
capacity that may be required in the future.
C) Estimated costs are summarized as follows:
• Court Use .............10,768 sq. ft. @ $ 220.......... .....................$2,368,960
• Joint Use ..............4,954 sq. ft. /2
= 2,477 sq. ft. @ $ 230 .......... .......................$569,710
• Other Costs (tax, site work, contingency) .......... .......................$823,328
• Total Cost (less furniture, fixtures and equipment) ...............$3,761,998
D) Payment of the construction costs will be allocated to the PSST, preferably over
the next two -three years (the 2013 draft budget assumes the cash outlay in 2013).
Staff will provide financing alternatives for Council consideration in the coming
weeks, so it is fixed when construction commences.
�v�z 36
INTERLOCAL AGREEMENT
BETWEEN
FRANKLIN COUNTY AND THE CITY OF PASCO
FOR JOINT USE OF COUNTY FACILITY AGREEMENT
THIS INTERLOCAL COOPERATIVE AGREEMENT (hereinafter called
"Agreement ") is made and entered into by and between Franklin County (hereinafter called
"County ") and the City of Pasco (hereinafter called "City ") as of 2012, as
authorized by RCW 39.34. The County and the City are hereinafter sometimes collectively
referred to as the "Parties."
WHEREAS, the County has a well - demonstrated need for the expansion and renovation
of the jail facility as part of the Courthouse complex and the need to use the space within the
public safety portion of the Courthouse complex to house the growing demand for the County
services; and
WHEREAS, the City has previously leased a portion of that space for its Municipal Court,
which lease has expired; and
WHEREAS, the City does not have sufficient room nor the facilities to house their
Municipal Court at the Pasco City Hall; and
WHEREAS, the City and the County are, pursuant to RCW 36.64, authorized to enter into
a Joint Use Agreement for the construction and improvement of a common facility to meet the
purposes commonly attributed to a Courthouse and City Hall; and
WHEREAS, as a result of the joint planning between the County and City, an agreement
has been reached and resolutions enacted for the construction of a new facility upon the
Courthouse complex which would provide for the expansion and modernization of the Franklin
County Jail and to provide a location for the City to maintain its Municipal Court services as an
annex to its City Hall; and
WHEREAS, on August 10, 2011 Franklin County Resolution Number 2011 -281 called
for an election on Proposition 1 imposing a sales and use tax levy for county and cities' criminal
justice and public safety purposes, including for the improvement, expansion, and maintenance of
a county jail and other facilities; and
WHEREAS, approval of such sales and use tax levy would result in additional revenues
of which 60% would be attributed to the County providing sufficient funds for the improvement,
expansion, and maintenance of the County jail facility, as well as most of the remaining 40%
attributed to the City providing sufficient funding for the location of its Municipal Court within
that facility; and
WHEREAS, on November 8, 2011, Proposition 1 was approved by the voters; and
WHEREAS, the approval of Proposition 1 provides the County and City with sufficient
means to finance the construction, operation, and maintenance of a new County jail and facility
for municipal court and other public safety purposes; and
hiterlocal Agreement - Page 1 of 12 2 0 10 'J
WHEREAS, RCW 36.64.020 provides the requirements for a contract which establishes
the process, procedures and conditions by which the County and City will cooperate, in the
construction of this new facility to assure that it meets their joint requirements and appropriately
allocates the cost of construction and the continuing upkeep and maintenance of the property; and
WHEREAS, such an Agreement serves the best interests of the citizens of the City and
the County.
NOW THEREFORE, in consideration of the promises and commitments made herein,
the sufficiency of which is hereby acknowledged, it is agreed as follows:
IDENTIFICATION OF PARTIES TO THIS AGREEMENT:
1.1 The County is a political subdivision duly organized and existing under and by
virtue of the laws of the State of Washington with its principal offices located at 1016
North 4m Avenue, Pasco, Washington 99301.
1.2 The City is a municipal corporation duly organized and existing under and by
virtue of the laws of the State of Washington with its principal offices located at 525 North
3`d Avenue, Pasco, Washington 99301.
2. JOINT USE OF COUNTY FACILITY:
2.1 The new facility, which for the purposes of this Agreement, shall mean the
building (approximately 25,000 square feet) designed to house the Sheriff's Office
Administrative functions and the City Court Administration functions, and not including
portions of the jail, shall be constructed and located at 1016 North 4th Avenue, Pasco,
Washington, upon real property owned by the County, which property together with all
improvements thereon, shall remain under fee simple ownership by the County, commonly
described as: The block between Fourth and Fifth Avenue north of Margaret Street and
south of Octave Street, in Pasco, Washington, more particularly described as follows:
SYLVESTER PARK ADD BLKS 6 & 7, TOG WITH VAC HENRY S
ADJ & TOG WITH VAC N &S & E &W ALLEYS IN BLK 7 & TOG
WITH VAC OCTAVE ST ADJ ON N AND TOGETHER WITH LOTS
13 THRU 28, BLK 8 AND 5103 VAC MARIE ST & TOG WITH VA
ALLEY ADJ
2.2 Occupancy.
a. The City shall have the right of exclusive occupancy of that portion of the
new facility depicted as "City Court Administration Areas" on Attachment A
which is incorporated herein by this reference.
b. The
City shall have
the rights of joint
use and occupancy on those portions
designated as "City /County
Joint -Use Areas"
on Attachment A.
Interlocal Agreement - Page 2 of 12
C. All remaining portions of the new facility, other than common areas
identified as parking lots, sidewalks, public grounds and facilities, shall be within
the exclusive occupancy of the County.
d. Except for the furniture and equipment, as provided in Section 6 below,
utilized to equip its Municipal Court facility, the title to and ownership of the new
facility, together with all underlying and surrounding grounds, and the
appurtenances thereto, shall be and remain in the County.
3. TERM OF OCCUPANCY, USE FOR MUNICIPAL COURT SERVICES, OPTION
TO BUY -OUT, AND TERMINATION OF MUNICIPAL COURT:
3.1
Term
of Occupancy.
The term of occupancy authorized by this Agreement shall be
for
a period
of 960 months,
calculated as follows, unless terminated sooner per Sections
3.3,
or 3.4, or 3.5 below:
a. The City shall have use of the current space it is occupying in the County
Public Safety Building per the terms of Franklin County Resolution No. 2012 -147,
until the City occupies the new facility upon its completion. The anticipated date
for the completion of the new facility is approximately December, 2013. Subject
to the City's payment of its pro -rata share of the construction cost for the new
facility, it shall have exclusive use of those portions of the new facility as set forth
herein until the end of the 960'' month following its initial occupancy. The City
will vacate and relinquish all use of the current space it is occupying upon its
acceptance of occupancy in the new facility.
3.2 Use for Municipal Court Services. The City shall make use of the new facility for
purposes of management and operation of a court of limited jurisdiction as authorized by
City municipal code, Title 3 Revised Code of Washington, and other applicable law
pertaining to courts of limited jurisdiction in the State of Washington. The City's use of
the new facility shall be in compliance with all County policies and procedures that apply
to the facility. Provided, however, such policies and procedures shall not prevent the City
from fulfilling its legal obligations or operations as a Municipal Court.
The day -to -day management and operation of municipal court services within the facility
shall be under the supervision of the City and its designees, all of whom shall be
employees of the City, and subject to all of the personnel policies and procedures of the
City. The City shall provide all management, supervision, personnel, furniture, materials,
equipment, and supplies necessary for its operations and shall take all reasonable
precautions to prevent damage, injury, or loss, by reason of or related to the operation and
maintenance of the facility.
No other uses, activities, or operations shall be conducted by the City from the new facility
without first obtaining the prior written consent of Franklin County's authorized
representative(s), which consent shall not be unreasonably withheld.
3.3 Use Prohibited by Change in Law. In the event at any time during the term of this
Agreement, the City is prevented from using the Premises as a Municipal Court as a result
Interlocal Agreement - Page 3 of 12
of a change in law, regulation or Court Rule which prohibits the City's use, the City shall
provide the County prompt written notification the change in law, regulation or Court
Rule. In the event only the City, but not the County, interprets a change in law, regulation
or Court Rule to prevent the City from using the Premises it shall promptly seek a court
order to stay the effect of such law, regulation or Court Rule and obtain an order from said
court declaring the effect of the change in law, regulation or Court Rule. If each party
interprets such change as preventing the City from using the Premises as a Municipal
Court the parties shall meet in a good faith attempt to solely determine an alternate use of
the Premises by the City, including sublease of the Premises as approved by the County or
such other alternate use as may be agreed between the parties. If after such good faith
negotiations the parties are unable to agree, the dispute regarding alternate use of the
Premises shall be resolved by arbitration as provided in Section 3 of Attachment B to this
Agreement. If at any time the City is prevented from using or occupying the Premises as a
result of a court order, or by agreement of the parties, the City or its County approved
designee shall remain responsible for full payment of the obligations set forth in Section
4.1 and 4. La. At no time shall the County be responsible for payment of the obligations
set forth in Section 4.1 and 4. La. Sections 4.1 and 4. La. shall survive and remain in effect
any termination of this Agreement except upon a termination as a result of the County's
closed buy -out of the Agreement per Section 3.4 or except upon separate written
agreement between the County and City that carries out a termination permitted by Section
3.5.
3.4 Option to Buy -Out Lease Agreement: Upon the City's occupancy of the new
facility for 480 months the City shall grant the County the following: An exclusive option
to buy -out the City's remaining interest in the Premises, provided the space will be used
for County operations, for a buy -out price to be calculated as the then current appraised
value of the City's interest being purchased subject to straight -line depreciation over the
term of the Agreement as of the effective date the buy -out closes. If after good faith
negotiations the parties are unable to agree on the buy -out price, the dispute shall be
resolved by arbitration as provided in Section 3 of Attachment B to this Agreement. This
option to buy -out serves to allow the County and City the means to make for alternative
occupancy of the new facility should needs change. The option to buy -out may be
exercised at anytime by the County for the remaining 480 months upon the City's 480
months of occupancy. With 36 months notice the County shall issue the City in writing its
intent to exercise the option to buy -out. When exercising the option, the County shall also
deposit with the City the sum of 5% of the buy -out price as a non - refundable deposit
towards the buy -out price of the Agreement. Upon exercise of this option by the County, a
closing shall take place at the end of 36 months notice. In the event this option to buy -out
fails to close the City shall retain the deposit. All expenses relating to the closing of this
option to buy -out shall be home by the County. The relationship between the City and
County under this Agreement shall remain unchanged unless the option to buy -out closes.
The County agrees to take the necessary steps to secure funding to buy -out this Agreement
within the 36 months notice of exercising the option to buy -out. The City and County
each acknowledge that through mutual negotiation they agree to release in full the other,
and their officials, employees, and agents, from any and all claims, losses, damages, costs,
or fees that may arise in the course of a closed buy -out. This option to buy -out shall not
obligate the County to exercise the option. A closed buy -out as set forth herein shall result
in termination of the Agreement on the date of closing.
Interlocal Agreement - Page 4 of 12
3.5 Agreement for District Court Operation
a. If at any time the City chooses to terminate its Municipal Court and enters into
an agreement with the County for the District Court to perform City Municipal Court
operations or services in the Premises, the parties hereby agree that the City shall not be
charged "rent" or its equivalent, (exclusive of operational costs, i.e. utilities, custodial,
etc.) for any applicable time period as is covered by this agreement, unless the County has
previously exercised its buy -out option pursuant to Section 3.4. Absent separate written
agreement between the County and City, the City shall remain responsible for full payment
of the obligations set forth in Section 4.1 and 4.1 a in the event of a termination per this
Section 3.5. Sections 4.1 and 4.1 a shall survive and remain in effect any termination of
this Agreement except upon separate written agreement between the County and City that
carries out a termination permitted by Section 3.5 or except upon a termination as a result
of the County's closed buy -out of the Agreement per Section 3.4.
b. If the City chooses to terminate its Municipal Court, according to law, which
results in an agreement for the District Court to perform City Municipal Court operations
or services, the City shall, unless otherwise specified by statute or agreed to by the
Municipal and District Courts, transfer on or before the effective date of termination all of
its Municipal Court records to the District Court in digital format, except pending cases
which may be transferred in either hardcopy format or digital format.
4. NEW FACILITY CONSTRUCTION FOR CITY OCCUPIED SPACE AND
FINANCING THERETO:
4.1 Scone. The County and the City agree to work together closely to design and build
a new facility to in part be occupied by the City in providing municipal court services. It
is the intention of the parties that the new facility will be built on property owned by the
County. The design and construction of the portion of the new facility to be occupied by
the City in providing municipal court services, and "common areas" directly related
thereto, will be financed solely by the City and be paid solely by the City. The County
shall have final authority over all decisions related to the construction of the building.
a. In consideration for the County providing space designated in Attachment
A within the new facility to be occupied solely by the City through this Agreement, and
the County's close collaboration with the City in the design and construction of the new
facility, the City will pay for the design and construction of the portion of the new facility
to be solely occupied by the City. The total square footage of space in the new facility to
be occupied solely by the City shall be by mutual determination of the County and City.
The City shall also pay a proportional cost of construction of "common areas" of the new
facility which are directly related to the space solely occupied by the City. The City's
payment for design and construction costs of occupied space and a proportional share of
"common areas" shall occur on the same schedule as any applicable payment request is
approved by the County for construction of the new facility and county jail.
b. The portion of the new facility occupied by the City shall be identified by
exterior letter similar to the following:
Interlocal Agreement - Page 5 of 12
City of Pasco Municipal Court
C. The new facility shall be completed, with carpet, paint, electrical, fire
alarms, security systems, heating and air conditioning, window treatments, plumbing
electrical fixtures, and conduits, or in -place cable, provided for telephones, wired or
wireless communication devices, security, video, and computers. The new facility shall
meet all code requirements including applicable requirements of the Americans with
Disabilities Act.
4.2 Design and Construction. The new facility will be sited on the north side of the
current Franklin County Corrections Center. The design and construction of the new
facility shall be in accordance with the plans and specifications as approved by the City
and the County with each party reserving the right to negotiate the design of that portion of
the new facility within their exclusive control and to collaborate on the common area
consistent with the overall design of the new facility. The general design of that portion to
be occupied by the City under this Agreement is designated on Attachment A.
The target date for completion of construction of the new facility is approximately
December, 2013.
FACILITY PERSONNEL AND SECURITY CHARGES:
The County shall secure and provide personnel for the maintenance, repair, upkeep and
landscaping, the cost of which are collectively referred to as "facility personnel charges."
The County shall secure and provide Premises security of controlled access to the facility.
The City shall reimburse the County for its proportionate share of facility personnel
charges and security costs calculated on the percentage of the new facility exclusively
occupied by the City and one -half of the shared use area within the new facility, based
upon the square footage of the entire complex consisting of the Historic Courthouse, the
Public Safety Building and the new facility.
6. UTILITIES, ASSESSMENTS, MAINTENANCE AND REPAIR AND CAPITAL
IMPROVEMENTS:
6.1 Utilities and Assessments. The County shall secure and provide all jointly used
utility services, including, but not limited to electrical, water, sewer, gas, and other utility
services for the new facility. The County shall secure and provide, and pay for garbage
services, irrigation assessment, and other special or other assessments for the new facility.
The City may
install and utilize other utilities, including
telephone,
wireless, internet, and
broadband or
other communication and utility services
as well as
other facility services
and security for its sole use and at its sole expense.
6.2 Maintenance and Repair. The County shall provide for routine operations,
maintenance and repair of the new facility, which includes the following:
Interlocal Agreement - Page 6 of 12
a. Maintenance of all light, water, heat ventilation and air - conditioning to any
and all parts of the building providing a well -lit and comfortable work
environment;
b. The furnishing of all custodial supplies and services;
C. The performance of all painting and interior decorating of any kind, and the
repairing and normal replacement of all electrical fixtures and outlets,
provided, however, it shall not be the duty of the County to install, replace,
or repair any special electrical circuits, fixtures, or outlets required to
operate special equipment maintained and used exclusively by the City;
d. All necessary maintenance, repair, service, and replacement of all heat,
light, water, ventilation, and air conditioning appliances and services;
e. The maintenance, repair, and painting of all exterior surfaces, and the
maintenance and repair of all roofs, structural walls, and bearing parts,
sidewalks, walkways, and grounds.
6.3 Capital Improvements. The County shall, within its sole discretion, after
consultation with the City, determine capital improvements to be made to the new facility.
Capital improvements shall mean improvements or repairs with an estimated cost
exceeding $50,000 and shall consist of, but not be limited to, reroofing, structural repairs
and modifications, and other changes and modifications to the new facility which requires
major expenditures. The County shall provide the City a written one -year advanced notice
of its intent to make capital improvements, except in the event of a bona fide emergency.
6.4 City Reimbursement of Utility, M_ aintenance and Repair and Capital Improvement
Costs. The City shall reimburse the County for its proportionate share of the utility,
assessment, maintenance and repair and capital improvements costs calculated on the
percentage of the new facility exclusively occupied by the City and one -half of the shared
use area within the new facility, based on the square footage of the new facility.
7. EQUIPMENT AND FURNITURE:
7.1 City Occupied Areas of New Facility. The City shall be solely responsible for
equipping areas of the new facility that it occupies and any costs thereto. Title to the
aforesaid equipment and all trade fixtures shall vest in the City.
8. LAW LIBRARIES:
The City shall provide its own law library.
9. GENERAL TERMS AND CONDITIONS:
In the event
of any conflict or inconsistency
between
the terms of this Agreement and
Attachment
B General Terms
and Conditions,
the terms
of this Agreement shall control.
all
10. AMENDMENTS/MODIFICATIONS:
It is understood and
agreed at
this
time,
as the
need
for additional courtroom and /or
administration space
arises, that
all
of the
terms
of this
Agreement may be modified to
Interlocal Agreement - Page 7 of 12
accommodate the growing demands on our criminal justice system. Details of any
modifications shall be determined by written agreement of the parties at that time.
No amendments or
modifications
shall be
made to this Agreement, unless set forth in a
written amendment
signed by both
parties'
authorized representatives.
11. ENTIRE AGREEMENT —AMENDMENTS:
This printed Agreement, together with the enclosed Attachments A and B all expressly
incorporated herein by reference shall constitute the whole agreement between the parties.
There are no terms, obligations, covenants or conditions other than those contained herein.
Except as otherwise provided herein, no modification or amendment of this Agreement
shall be valid or effective unless evidenced by an agreement in writing signed by
authorized representatives of both parties.
12. NOTICES:
Required notices, except legal notices, shall be given in writing and mailed by registered
or certified mail to the following respective address:
To County:
Attn: County Administrator
Franklin County
1016 North 4th Avenue
Pasco, Washington 99301
To City:
Attn: City Manager
City of Pasco
525 North 3`a Avenue
Pasco, Washington 99301
or to such other respective addresses as either party hereto may hereafter from time to time
designate in writing. Notice shall be deemed to be given three (3) days following the date
of mailing.
13. INTERLOCAL AGREEMENT PROVISIONS:
This Agreement is entered into pursuant to RCW 39.34 as an interlocal agreement between
the parties. No special budgets or funds are anticipated, nor shall be created incident to
this Agreement. 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
property anticipated. The City Manager for the City of Pasco and the County
Administrator of Franklin County, or their designees, are designated as co- administrators
of this Agreement.
Interlocal Agreement - Page 8 of 12
A copy of this Agreement shall be filed with the Franklin County Auditor, or posted on the
City or County's website as provided by RCW 39.34.
Interlocal Agreement - Page 9 of 12
21012
IN WITNESS WHEREOF, the parties hereto have subscribed their names as of the
_ day of , 2012.
CITY:
CITY OF PASCO, a municipal
Corporation of the State of Washington
Matt Watkins, Mayor
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
COUNTY:
FRANKLIN COUNTY, a political subdivision of
the State of Washington
e� p.�
Brad Peck, Chairman
�kf /7ar.CG�
Rick Miller, Chair Pro Tern
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ATTEST BY:
�L Z4/4yu�� /o ay -07U1a
Clerk 'of thAoard
APPROVED AS TO FORM:
SHAWN SANT, #35535\ #91039
Prosecuting Attorney for
Franklin County
p
By:� ) �
Deputy P secutmg Attorney
Interlocal Agreement - Page 10 of 12
360
STATE OF WASHINGTON )
ss.
COUNTY OF FRANKLIN )
On the day of 2012, before me, the undersigned, a Notary Public, in and
for the State of Washington, duly commissioned and sworn, personally appeared Matt Watkins,
to me known to be the Mayor of the City of Pasco, a municipal corporation of the State of
Washington who executed the foregoing instrument and acknowledged the said instrument to be
the free and voluntary act and deed of said City, for the uses and purposes there mentioned, and on
oath stated that said person was authorized to execute the said instrument for said City.
WITNESS my hand and official seal hereto affixed the day and year in this certificate
above written.
Printed name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires:
STATE OF WASHINGTON)
ss.
COUNTY OF FRANKLIN )
On the o?4 day of OcA?6r, 2012, before me, the undersigned, a Notary Public, in and
for the State of Washington, duly commissioned and sworn, personally appeared Brad Peck, to
me known to be the Chairman of the Board of Franklin County Commissioners, and Rick Miller,
to me known to be a Chair Pro -Tem of the Board of Franklin County Commissioners, and Robert
E. Koch, to me known to be a Member of the Board of Franklin County Commissioners, a
political subdivision of the State of Washington, who executed the foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of said political
subdivision of the State of Washington, for the uses and purposes there mentioned, and on oath
stated that said persons were authorized to execute the said instrument for Franklin County,
Washington.
WITNESS my hand and official seal hereto affixed the day and year in this certificate
above written.
��EL31j KO fv Printed dame: ry C.
R i i s NOTARY PUBLIC i t and for the State of
Washington, residing at Ac-Z-H-ppi o,
My commission expires: /07 1 y -Za
J
Interlocal Agreement - Page 11 of 12
ATTACHMENT A
FRANKLIN COUNTY and CITY OF PASCO
Interlocal Agreement - Page 12 of 12
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ATTACHMENT B
GENERAL TERMS AND CONDITIONS
LATE PAYMENT, TAXES, LICENSES, AND FEES
A. TIME IS OF THE ESSENCE
Under the terms of this Agreement, time is of the essence for the payment of any
fees required or the performance of any conditions required by either of the
parties of this Agreement.
B. LICENSE, TAXES, AND FEES
City shall pay throughout the term of this Agreement all applicable taxes and all
licenses and excise and other applicable fees to which the City leasehold activities
maybe subject.
C. OTHER CONSIDERATION
Except as otherwise provided herein, no offset, reduction, or credit toward any
payment shall be allowed unless it is in writing and signed by the Board of
County Commissioners.
2, COMPLIANCE WITH LAWS AND REGULATIONS
In using the new facility, City will comply with all applicable laws, ordinances, and
regulations from any and all authorities having jurisdiction governing its activities. The
City specifically agrees to comply with and pay all costs associated with achieving such
compliance without any notice from the County, and further agrees that County does not
waive this section by giving notice of demand for compliance in any instance.
3, DISPUTES
Should any dispute arise between the parties concerning the breach, interpretation, or
enforcement of this Agreement, the parties shall first meet in a good faith attempt to
resolve such dispute. Any unresolved dispute shall be submitted to arbitration. The
dispute shall be submitted to a single arbitrator mutually agreed by the parties. If the
parties are unable to agree, the arbitrator shall be determined by the Franklin County
Superior Court, and arbitration shall be conducted pursuant to RCW 7.04A, with both
parties waiving the right to jury trial in the event of a de novo appeal. Arbitration shall be
conducted in Pasco, Franklin County, Washington, and the costs of the arbitration shall
be equally borne by the parties, and the arbitrator shall award, as additional judgment
against the other, attorney's fees and costs to the prevailing party.
Attachment B
4. IMPROVEMENTS AND ALTERATIONS
A. City shall make no alterations or improvements to or upon the new facility, or
install any fixtures (other than trade fixtures which can be removed without injury
to the new facility) without first obtaining written approval from County.
B. Unless otherwise agreed, all improvements or alterations, other than trade
fixtures, erected or made on the new facility shall, upon installation and upon
expiration or earlier termination of this Agreement, belong to County without
compensation to the City.
5. CONDITION OF NEW FACILITY
The City shall inspect and accept the condition of the new facility before occupancy and
it is understood and agreed that the new facility is provided on an "as is" and "with all
faults" basis (except for latent defects not readily ascertainable nor disclosed) without any
obligation on the part of County to make any changes, improvements, or to incur any
expense whatsoever for the maintenance or repair of the new facility. The City's
occupancy of the new facility shall be the City's acceptance of the condition of the new
facility.
The County shall defend, indemnify and hold the City harmless from and against any
liability to third parties for any claims, damages, demands, suits, and judgments,
including reasonable attorney's fees arising from any latent structural or other design
defect of the new facility that could not be readily ascertained by the City, nor disclosed
by the County.
6, INDEMNITY AND HOLD HARMLESS
The City agrees to indemnify and hold County harmless as provided herein to the
maximum extent possible under law in connection with the use, maintenance, and
operation of the portion of the new facility governed under this Agreement. Accordingly,
the City agrees for itself, its successors, and assigns, to defend, indemnify, and hold
harmless County, its appointed and elected officials, and employees from and against
liability for all claims, demands, suits, and judgments, including costs of defense thereof
for injury to persons, death, or property damage which is caused by, arises out of, or is
incidental to City's exercise of rights and privileges granted by this Agreement, except to
the extent of the County's sole negligence. The City's obligations under this section shall
include:
A. The duty to promptly accept tender of defense and provide defense to the County
at the City's own expense;
B. Indemnification of claims made by the City's own employees or agents; and
C. Waiver of the City's immunity under the industrial insurance provisions of Title
51 R.C.W. but only to the extent necessary to indemnify County, which waiver
has been mutually negotiated by the parties.
Page 2 of 8
Attachment B
In the event it is necessary for the County to incur attorney's fees, legal expenses
or other costs to enforce the provisions of this section, all such fees, expenses and
costs shall be recoverable from the City.
In the event its determined that R.C.W. 4.24.115 applies to this Agreement, the
City agrees to defend, hold harmless, and indemnify County to the maximum
extent permitted thereunder, and specifically for its negligence concurrent with
that of County to the full extent of the City's negligence. City agrees to defend,
indemnify, and hold harmless the County for claims by City's employees and
agrees to waiver of its immunity under Title 51 R.C.W., which waiver has been
mutually negotiated by the parties.
County agrees to indemnify and hold City harmless as provided herein to the maximum
extent possible under law in connection with its use, maintenance, and operation of the
portion of the new facility and exclusively within the control of the City. Accordingly,
County agrees for itself, its successors, and assigns, to defend, indemnify, and hold
harmless the City, its appointed and elected officials, and employees from and against
liability from all claims, demands, suits, and judgments, including the costs of defense
thereof, for injury to persons, death, or property damage which is caused by, arises out of,
or is incidental to County's exercise of rights and privileges granted by this Agreement
except to the extent of the City's sole negligence. County's obligation under this section
shall include:
A. The duty to promptly accept tender of defense and provide defense to the City at
County's expense;
B. Indemnification of claims made by County's own employees or agents; and
C. Waiver of County's immunity under the industrial insurance provisions of Title
51 R.C.W. but only to the extent necessary to indemnify City, which waiver has
been mutually negotiated by the parties.
In the event it is necessary for the City to incur attorney's fees, legal expenses or other
costs to enforce the provisions of this section, all such fees, expenses and costs shall be
recoverable from County.
In the event its determined that R.C.W. 4.24.115 applies to this Agreement, County
agrees to defend, hold harmless, and indemnify City to the maximum extent permitted
thereunder and specifically for its negligence concurrent with that of City to the full
extent of County's negligence.
7. FIRE INSURANCE AND CASUALTY
A. County and City will each carry fire and extended coverage insurance on all
improvements, structures, and buildings of the new facility in which they occupy
or use through this Agreement. County will not carry insurance on City's
personal property. City will not carry insurance on County's personal property.
Page 3 of 8
Attachment B
B. It is contemplated that certain personal property consisting of fixtures,
furnishings, and equipment, to be housed and used on the new facility shall be
provided for the joint use and enjoyment of the City and the County. The County
shall provide fire and casualty insurance upon said personal property, jointly used
and operated, to the full insurable value, and the premiums therefore shall be
budgeted and shall constitute a cost of operations and maintenance for which the
City shall pay a proportionate share as hereinafter provided. Each party shall,
with respect to personal property solely used and operated by it, be totally subject
to risk of loss thereof, and responsible for procuring, maintaining, and providing
any and all insurance coverages thereon.
In the event of the total or partial destruction of the building or structures of the
new facility or subsequently constructed, not caused by, arising from, or in
connection with the exercise of the City's rights and privileges granted by the
Agreement, County shall have the obligation to reconstruct such new facility to its
prior condition within one (1) year after its destruction, provided that such
obligation shall be limited to the extent the costs of such reconstruction are
covered by the insurance proceeds available to County or with the insurance
proceeds that would have been available to County had they maintained the
insurance.
In the event of the total or partial destruction of the building or structures of the
new facility or subsequently constructed, not caused by, arising from, or in
connection with the exercise of the County's rights and privileges granted by the
Agreement, City shall have the obligation to pay for reconstruction of such new
facility to its prior condition within one (1) year after its destruction, provided that
such obligation shall be limited to the extent the costs of such reconstruction are
covered by the insurance proceeds available to City or with the insurance
proceeds that would have been available to City had they maintained the
insurance.
8. INSURANCE REQUIREMENTS
By the date of execution of this Agreement, the City shall procure and maintain for the
duration of this Agreement, insurance against claims for injuries to persons or damages to
property which may arise from, or in connection with exercise of the rights and privileges
granted by this Agreement, by the City, their agents, representatives, employees /
subcontractors. The cost of such insurance shall be paid by the City.
For all coverages: Each insurance policy shall be written on an "Occurrence" form.
A. MINIMUM LIMITS OF INSURANCE
The City shall maintain limits for Commercial General Liability no less than
$1,000,000 combined single limit per occurrence for bodily injury, personal
injury, and property damage. The City shall maintain Fire Insurance and Casualty
in full replacement cost value amounts for the new facility.
B. DEDUCTIBLES AND SELF - INSURED RETENTIONS
Any deductibles or self - insured retentions must be declared to and approved by
County. The deductible and or self - insured retention of the policies shall not limit
Page 4 of 8
Attachment B
or apply to the City's liability to the County and shall be the sole responsibility of
the City.
C. OTHER INSURANCE PROVISIONS
The insurance policies required in this Agreement are to contain or be endorsed to
contain the following provisions:
Commercial General Liability Policy:
1. County, its officers,
officials, employees, and agents are to be covered as
additional
insureds
as respects to liability arising
out of activities
performed
by or on behalf of the City in connection with
this Lease.
2. To the extent of City's negligence, the City's insurance coverage shall be
primary insurance as respects to the County, its officers, officials,
employees, and agents. Any insurance and /or self - insurance maintained
by the County, its officers, officials, employees, or agents shall not
contribute with the City's insurance or benefit the City in any way.
3. The City's insurance shall apply separately to each insured against whom
a claim is made and or lawsuit is brought, except with respect to the limits
of the insurer's liability.
All policies:
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in
limits, until forty -five (45) days prior written notice, return receipt requested, has
been given to the County.
D. ACCEPTABILITY OF INSURERS
Participation by the City in a self - insured governmental risk pool shall constitute
an acceptable insurer by County.
E. VERIFICATION OF COVERAGE
City shall furnish the County with certificate(s) of insurance and endorsement(s)
required by this Agreement. The certificate(s) and endorsement(s) for each
insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements for each insurance
policy are to be on forms approved by the County and are to be received and
approved by the County prior to the commencement of activities associated with
the Agreement. The County reserves the right to require complete certified copies
of all required insurance policies at any time.
F. WAIVER OF SUBROGATION
City and County hereby release and discharge each other from all claims, losses
and liabilities arising from or caused by any hazard covered by property insurance
on or in connection with the new facility or said building. This release shall apply
Page 5 of 8
Attachment B
only to the extent that such claim, loss or liability is covered by insurance in
adequate limits to fully satisfy said claims, losses or liabilities.
G. COUNTY'S PROPERTY INSURANCE
County and City shall each purchase and maintain during the term of the
Agreement all -risk property insurance covering the portions of the building they
occupy or use for full replacement value without any coinsurance provisions.
91 MUTUAL RELEASE AND WAIVER
To the extent a loss is covered by insurance in force, County and the City hereby
mutually release each other from liability and waive all right of recovery against each
other for any loss from perils insured against under their respective fire insurance
policies, including any extended coverage endorsements hereto; provided that this
Agreement shall be inapplicable if it would have the effect of invalidating any insurance
coverage of the County or the City or said insurance limits are inadequate to fully satisfy
the loss.
10. SURRENDER OF NEW FACILITY
At the expiration or earlier termination of this Agreement, City shall promptly surrender
possession of the new facility to County and shall deliver to County all keys and badges
that it may have to any and all parts of the new facility.
11. DEFAULT AND RE -ENTRY
If any obligations provided herein, or any part thereof shall be and remain unpaid when
the same shall become due, or if City shall violate or default on any of the material
covenants and agreements herein contained, then County may cancel this Agreement
upon giving the notice required by law and re -enter said new facility using force as may
be required. Notwithstanding such re -entry by County, the liability of the City to pay its
pro -rata obligation for construction of the new facility shall not be extinguished, and City
covenants and agrees to make good to County any deficiency arising from a re -entry.
The City shall pay such deficiency each month as the amount thereof is ascertained by
County.
Notwithstanding the default provisions above, County agrees not to exercise any of the
remedies for default specified herein unless and until: (a) if the default consists of a
violation to pay money, County has given City written notice of the default and City has
failed to cure the default within ten (10) days of receipt of such notice; or (b) if the
default consists of a violation of a covenant other than a covenant to pay money, holder
has given City at least thirty (30) days notice of such default and City has failed to cure
the default within such thirty (30) day period, provided no such notice must be given if
the default was deliberate or immediate action is needed to protect persons or property
from imminent harm, and provided further if the default is one that is capable of being
cured, but cannot with due diligence be cured within thirty (30) days, such thirty (30) day
period shall be deemed extended, to a maximum of ninety (90) days from the date of the
original default, if City advised holder of its intention to cure within thirty (30) days of
the original default notice and prosecutes the curing of the default with all due diligence.
HUMMM
Attachment B
12, ADVANCES BY COUNTY FOR CITY
If City fails to pay any fees or perform any of its obligations under this Agreement,
County will mail notice to City of its failure to pay or perform. Twenty (20) days after
mailing notice, if City's obligation remains unpaid or unperformed, County may pay or
perform these obligations at City's expense. Upon written notification to City of any
costs incurred by County under this paragraph, City will reimburse County within twenty
(20) days.
13. NON - WAIVER
It is hereby agreed that no waiver of any condition or covenant in this Agreement or any
breach thereof, shall be taken to constitute waiver of any subsequent breach.
14. SIGNS
No sign, advertisement, notice, or other lettering will be exhibited, inscribed, painted, or
affixed by City on any part of the outside of the new facility without the prior written
consent of County. If City violates this provision, County may remove the sign without
any liability and may charge the expense incurred by such removal to the City provided,
however, County shall give City written notice of City's violation of this provision and
City shall have forty -eight (48) hours after receiving said notice to comply with the terms
of this provision. All signs erected or installed by City shall be subject to any federal,
state, or local statutes, ordinances or regulations applicable to signs. County hereby
reserves all naming rights to the new facility.
15. INSPECTION
County reserves the right to inspect the new facility at any and all reasonable times
throughout the term of this Agreement, provided that County shall not unduly interfere
with City's operations. The right of inspection reserved to County hereunder shall
impose no obligation on County to make inspections to ascertain the condition of the new
facility, and shall impose no liability upon County for failure to make such inspections.
16. ASSIGNMENT
The City shall not assign this Agreement, nor lease any portion of the new facility
without the prior written consent of the Board of County Commissioners. Any
assignment or lease shall be in compliance with RCW 36.34.180.
17, SEVERABILITY
If any term or provision of this Agreement or the application of any term or provision to
any person or circumstance is invalid or unenforceable, the remainder of this Agreement,
or the application of the term or provisions to persons or circumstances other than those
as to which it is held invalid or unenforceable, shall not be effected and remain in full
force and effect.
City of Pasco:
County:
END OF GENERAL TERMS AND CONDITIONS
Page 8 of 8
Attachment B
/0- cy -c2o/a avi;? 360 A
JOINT RESOLUTION OF THE CITY OF PASCO AND FRANKLIN COUNTY
PASCO RESOLUTION NO, 3F10
FRANKLIN COUNTY RESOLUTION NO. j IJ it 9 2)? 41
IN THE MATTER OF JOINTLY PLACING A BALLOT
PROPOSITION BEFORE THE VOTERS OF THE COUNTY IN
NOVEMBER 2009, PROPOSING AN ADDITIONAL THREE - TENTHS OF
ONE PERCENT LOCAL SALES TAX
and
JOINTLY DEVELOPING AN AGREEMENT TO FACILITATE
CONSTRUCTION AND OCCUPANCY SPACE FOR PASCO MUNICIPAL
COURT AS PART OF THE NEW JAIL PROJECT PLANNED BY
FRANKLIN COUNTY,
WHEREAS, Franklin County is planning construction of a new 225 -bed jail as well as
renovation of the jail, as both are needed to provide the capacity for housing local offenders as
the County continues to grow; and
WHEREAS, the City contracts with Franklin County for housing of City misdemeanant
offenders being adjudicated through Pasco Municipal Court, so having adequate jail space for
pre -trial as well as post -trial confinement is critically important to the maintenance of public
safety in the Pasco community; and
WHEREAS, the City has operated its Municipal Court within space at the Franklin
County Courthouse under the terms of a 40 -year lease which will expire in 2012, thus,
necessitating that the City find new space in which to conduct its Municipal Court functions; and
WHEREAS, the Franklin County Board of Commissioners and the Pasco City Council,
during recent joint meetings, discussed the probability of the City paying for new Municipal
Court space in conjunction with the County's construction of a new jail; and
WHEREAS, the Franklin County Commission and Pasco City Council, having duly
considered the efficiencies to be gained for both parties, jointly find that the citizens and
taxpayers of both jurisdictions will be greatly benefitted by the parties executing an agreement
whereby the Pasco Municipal Court functions can be housed, long -term, at the Franklin County
Courthouse, provided that the agreement is consistent with certain principles; and
WHEREAS, the cost of such a facility requires the issuance of debt by the County, the
repayment of which will require a voter - approved source of revenue; and
WHEREAS, the County Commission and the Pasco City Council have considered the
only two available options, an excess property tax levy or a three- tenths of one percent sales tax
increase; and
PASCO RESOLUTION NO. 2 I ?D
FRANKLIN COUNTY RESOLUTION NO. *,'009 141
WHEREAS, the County Commission and the Pasco City Council both find that the sales
tax option is much preferred because it provides sufficient funding for construction of both the
jail and court facilities but will also provide sufficient funds for operation of those and other
criminal justice functions throughout the County as well as the City and avoids an increase in the
existing property tax burden on owners of property throughout the County, NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO AND
THE BOARD OF COMMISSIONERS OF FRANKLIN COUNTY, WASHINGTON:
Section 1. The Franklin County Commission and Pasco City Council hereby agree to
develop a detailed agreement to facilitate construction and occupancy of sufficient space for
Pasco Municipal Court as part of the new jail project planned by Franklin County.
Section 2. The Franklin County Commission and Pasco City Council hereby agree that
any such agreement will be wholly consistent with the following "Principles of Agreement ":
• Total floor area to be occupied solely by the City will be determined mutually but not less
than 10,000 square feet in area.
• City will pay for all construction cost attributed directly to the space mutually agreed to
house Municipal Court and its related functions.
• City will pay proportional cost of construction of "common areas" of new building
directly related to the space mutually agreed to house Municipal Court.
• City payment for construction costs will occur on the same schedule as any debt
repayment schedule incurred by County for construction debt.
• City will have minimum of 40 -year lease of the space; County will have periodic right to
terminate after 40 years, with at least three years notice and payment of depreciated value
based on 80 -year life of building space and industry standards.
• City will pay proportional share of operating costs (utilities, janitorial, etc.) based on
occupied space.
• The prisoner housing contract will remain substantially in its current form and content.
County will not include jail construction or renovation costs in calculating the daily fee
for city use of the jail facilities.
Section 3. The County Commission, as authorized under RCW 82.14.450 and with
support of the Pasco City Council, will place a ballot proposition before the voters of the County
during the 2009 General Election, proposing an addition of three- tenths of one percent to the
local sales tax, principally for construction and operation of a County jail and other public safety
purposes.
PASCO RESOLUTION NO. 3 0 D
FRANKLIN COUNTY RESOLUTION NO. 11 o 9 %141
PASCO CITY COUNCIL
PASCO, WASHINGTON
APPROVED this 145� day of June, 2009.
Joyce so Mayor
ATTEST:
APPROVED AS TO FORM:
Debra Clark, City Clerk Leland B. Kerr, City Attorney
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, WASHINGTON
APPROVED this 15 day of June, 2009,
Rick Miller, Chainnan
6 zwoo�
Robert E. Koch, Chair Pro -Tem
Brad Peck, Member
ATTEST:
APPROVED AS TO FORM:
ji:bg
Ryan E. Verhulp
Chief Civil Deputy Prosecutor
CITY OF PASCO COURTS
Courts Construction Cost
100% CD Estimate
9/26/2012
Square
Footage
Estimated
1CostperSFj
I Estimated
Cost
Common Areas (Entry /Stairs /Elev /Corridors)
Courts
Prosecuting Attorney
Secure Corridor
21477
107768
-
$ 230
$ 220
$
$
$
569,710
23368,960
-
Total
13,245
$
2,938,670
Site Work
Site Work
13,245
$ 10
$
1323450
Total
$
132,450
Subtotal Construction Cost
$
3,071,120
Sales Tax 8.6%
$
2642116
Total Construction Cost
$
3,3351236
Construction Contingency 5%
FF &E Budget
Non - Construction Cost
$
$
$
166,762
2602000
Total Project Cost
$
31761,998
AGENDA REPORT
FOR: City Council November 7, 2012
TO: Gary Crutchfield, t Manager Workshop Mtg.: 11/13/12
Regular Mtg.: 11/19/12
FROM: Lynne Jackson, human Resources Manager
SUBJECT: Bargaining Contract for Uniformed Police Department Represented Employees
I. REFERENCE(S):
1. Proposed Collective Bargaining Agreement
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
11113: DISCUSSION
11/19: MOTION: I move to approve the Collective Bargaining Agreement with the
Pasco Police Officers Association, uniformed employees, for years
2011 -2013 and, further, authorize the Mayor to sign the agreement.
III. FISCAL IMPACT:
Increases annual cost of police operations by approximately $600,000.
IV. HISTORY AND FACTS BRIEF:
The previous contract terminated December 31, 2010.
V. DISCUSSION:
The city and representatives of the uniformed employees in the Police Department who
are represented by PPOA (all police officers) have reached tentative agreement on a new,
three -year contract. The bargaining unit has voted to approve it. Following is a listing of
the significant changes:
■ Effective January 1, 2011:
Effective payroll beginning July 11, 2011
Effective first full payroll of 2012:
Effective first full payroll of July 2012:
Effective first full payroll of 2013:
3.0% increase
1.0% increase
2.0% increase
2.0% increase
100% CPI -U, b/c western cities;
October /October, 1/4% min/max
Effective
1/1/13:
Insurance premiums will increase
to 12% of the composite
premium
with a cap
of 2.5 % of the 36+ month officer pay
step.
The City and Association agree to meet in Labor Management to discuss a long term
extension and modifications of the 10- hour /40- minute work schedule as described in
the 2010 Memorandum of Agreement between the City and the Pasco Police
Officers' Association.
Staff recommends Council ratification of the Agreement.
10(b)
2011 -2013
Collective Bargaining Agreement
between
City of Pasco
and
Pasco Police Officer's Association
Uniformed Employees
TABLE OF CONTENTS
PAGE
WITNESSETH ....................................................................................................................... ..............................1
ARTICLE1 RECOGNITION ...................................................................................... ..............................1
ARTICLE 2 TERM AND SCOPE OF AGREEMENT., ... 111011111,16606** ........................ .............. logo ... 1
ARTICLE3 MANAGEMENT RIGHTS ....................................................................... ..............................1
ARTICLE 4 PERFORMANCE OF DUTY ....................................................................
..............................2
ARTICLE 5 GRIEVANCE PROCEDURE ..................................................................... ..............................3
Section 1. Written Grievance to Division Captain ................................................
Section 2. Written Grievance to Chief of the Department ....................................
Section 3. Grievance Appealed to City Manager ..................................................
Section 4. Grievance Appealed to Arbitration. ......... 0 . . 0 0 .....................
Section 5. Special Provisions ..................................................................................
..............................3
..............................3
..............................3
0 ................................................ 3
..............................4
ARTICLE6 DAYS OFF EXCHANGE ...........................................................................
..............................5
Section1. Shift Exchange... ....... o ..... o.. 0.. 0.. 0 ..................................
Section 2. No Overtime Liability ...........................................................................
0 ....... 0 ............................ 0 ................... 5
..............................5
ARTICLE7 SICK LEAVE ...........................................................................................
..............................5
Section1. Purpose ...................................................................................................
Section2, LEOFF II ................................................................................................
a. Accrual of Sick Leave ..................................................................................
b. Probationary Employee Accrual and Use of Sick Leave
i. Reporting ................................................................................................
C. Sick Leave with Pay .......................................................................................
..............................5
..............................5
..............................5
............................. ..............................5
..............................5
..............................5
i. Reporting ................................................................................................
ii. Medical Certification .............................................................................
iii. Medical Examination ............................................................................
d. Return to Work after Sick Leave ...................................................................
C. Sick Leave — Payment in Lieu Thereof .........................................................
Section 4. Illnesses of Family Members ................................................................
a. Serious Illness .................................................................................................
b. Definition Family ...........................................................................................
c. Definition Serious Illness.. .......................................... 0.. 0 ......
d. Definition Children ........................................................................................
Section 5. Return to Work/Light Duty ...................................................................
a. Work Assignments .........................................................................................
b. Rate of Pay/Required Duty ............................................................................
Section6. Patemity .................................................................................................
Section7. Maternity ................................................................................................
..............................5
..............................6
..............................6
..............................6
..............................6
..............................6
..............................6
..............................6
0 ....... o ......................... o ............. o.. o ... 6
..............................7
..............................7
..............................7
..............................7
..............................7
..............................7
2011 -2013 Collective Bargaining Agreement between the City of Pasco and
The Pasco Police Officer's Association Uniformed Employees —page i
ARTICLESOVERTIME ............................................................................................. ..............................7
Section 1. Overtime Threshold and Rate... m ................................................ ........................ 7
Section 2. Payment for Call -back, Court and Training ......................................... ..............................7
Section3. Other Rules ........................................................................................... ..............................8
a. Travel Time ................................................................................................... ..............................8
b. Sick Leave ................................................................................................... ..............................8
c. Vacation Leave ............................................................................................... ..............................8
d. Military Leave ................................................................................................ ..............................8
e. Witness Fees ................................................................................................... ..............................8
f. Civil Payments ............................................................................................... ..............................8
Section 4. Compensatory Time Accrual ................................................................ ..............................8
Section 5. Compensatory Time Use ....................................................................... ..............................8
Section 6. Compensatory Time Annual Conversion, .......................................... .9
Section7 . ................................................................................................................ ..............................9
ARTICLE9 B EREAVEMENT ...................................................................................... ..............................9
ARTICLE 10 MEDICAL, DENTAL, LIFE INSURANCE.,.,..,,,,,", .................. .... 0 .................. 9
Section 1. Medical and Dental Insurance for Employees and Dependents .......... ..............................9
Section2. Vision Care ............................................................................................. .............................10
Section3. Life Insurance ......................................................................................... .............................10
ARTICLE I1 HOURS OF WORK ..... . ... ..................................... .... ....... . ........ ..... ....... . ................
.................lO
Section1. Duty Schedule ......................................................................................... .............................10
ARTICLE 12 CLOTHING ALLOWANCE ....................................................................... .............................10
Section 1. Quartermaster System ............................................................................ .............................10
a. Uniform Items ................................................................................................. .............................10
b. Weapon Items and Equipment ....................................................................... .............................11
C. Leather or Synthetic Leather Gear Items ....................................................... .............................11
Section 2. Replacement of Issued Items.. ............................................................................................ 11
Section 3. Uniform Shoes / Boots ............................................................................. .............................11
Section4. Plain Clothes ........................................................................................... .............................11
ARTICLE13 WORKING OUT OF CLASSIFICATION..,.,.,,,,,, .... ................. 0 ........................... *00 12
ARTICLE14 HOLIDAYS AND VACATIONS,,,,,,,,,.,,,,,,,,,,,,,,, ..................... I .......... ... 0 ........... 06,9612
Section1. Vacations ................................................................................................. .............................12
a. Vacation Accrual ............................................................................................. .............................12
b. Accumulation of Vacation .............................................................................. .............................12
C. Vacation Cash - out ........................................................................................... .............................12
d. Probationary Employees ................................................................................. .............................12
Section2. Floating Holiday ..................................................................................... .............................12
Section3. Holidays .................................................................................................. .............................13
2011 -2013 Collective Bargaining Agreement between the City of Pasco and
The Pasco Police Officer's Association Uniformed Employees — page ii
ARTICLE15 WAGES .................................................................................................... .............................13
Section1. 2011 Wages ............................................................................................ .............................13
Section2. 2012 Wages ............................................................................................ .............................13
Section3. 2013 Wages ............................................................................................ .............................13
Section 4. Corporals and Sergeants ......................................................................... .............................13
Section5. Detectives ................................................................................................ .............................14
Section6. Detective Sergeants ................................................................................ .............................14
Section 7. Field Training Officers ........................................................................... .............................14
Section8. SWAT ............................................................. ............................... 14
ARTICLE16 POLICE ACADEMY ATTENDANCE..,.,.,,,,,,,,,,,,, ... 0 ..... .................. 000*00*0014
Section1. Overtime .................................................................................................. .............................14
Section2. Transportation ......................................................................................... .............................14
Section3. Allowance ............................................................................................... .............................14
ARTICLE17 SAVINGS CLAUSE.,,,,,,,,, ..................... 00*00000..60 .................. 0*00#006 ..... vp .......... 0 .... 14
ARTICLE 18 POLICE OFFICER CAREER DEVELOPMENT PLAN ............................... .............................15
Section 1. Tuition Reimbursement .......................................................................... .............................15
Section2. Monthly Premium ................................................................................... .............................15
a. Police Officer, Sergeants, and Corporals ....................................................... .............................15
ARTICLE 19 BILINGUAL INCENTIVE.,.,,,,,,,,, ......... .................... o ......... o ............... o,,00,00 ........ 15
ARTICLE 20 PHYSICAL EXAMINATION., I ... 01.1111111004** ..... 0 ...... 10 . 11 ...... aeoe4ov ....................... oosee.* . 9 ............ 16
Section1. Required .................................................................................................. .............................16
Section2. Requested ................................................................................................ .............................16
ARTICLE21 K -9 OFFICER.,,,,,.,.,.,.,., ............... 406,06.0 . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section1. Off -Duty Time ........................................................................................ .............................16
Section2. FLSA ....................................................................................................... .............................16
Section3. Payment ................................................................................................... .............................16
Section 4. Serious Illness or Injury .......................................................................... .............................16
ARTICLE 22 SUBSTANCE -FREE WORK PLACE POLICY,.. ... 16
ARTICLE 23 FEDERAL FAMILY AND MEDICAL LEAVE ACT OF 1993 ..................... .............................17
Section 1. Administrative Order Number 231 ........................................................ .............................17
Section2. Notice Required ...................................................................................... .............................17
Section3. Conflict... ................................................................................................. .............................17
ARTICLE24 PREVAILING RIGHTS,",,,,, ..... 11 ............... 6.*..* ..... go,, ........................ ............... 117
ARTICLE25 SHIFT BIDDING ....................................................................................... .............................17
ARTICLE26 LAYOFFS ................................................................................................. .............................17
2011 -2013. Collective Bargaining Agreement between the City of Pasco and
The Pasco Police Officer's Association Uniformed Employees —page In
2011 -2013
COLLECTIVE BARGAINING AGREEMENT
between
CITY OF PASCO
and
PASCO POLICE OFFICER'S ASSOCIATION
This Agreement is made and entered into by and between the City of Pasco, Washington, hereinafter
referred to as the "Employer," and the Pasco Police Officer's Association, hereinafter referred to as the
"Association."
WITNESSETH:
It is recognized that continued harmonious relations are essential between the Employer and the
Association. It is the intent of the Association to maintain the past excellent relationship and meet any
differences that may arise in a rational, common sense manner.
ARTICLE 1 - Recognition
The Employer recognizes that the Association is the exclusive bargaining representative for all the
employees of the Pasco Police Department in the civil service classifications of sergeant, corporal, and
police officer.
"Employee(s)" as used herein means and is
limited to
police department employees employed in the civil
service classifications of sergeant,
corporal,
and police
officer.
ARTICLE 2 - Term and Scope of Agreement
Section 1. Term. All provisions to take effect upon signing with the exception of economic issues and
those issues with specific implementation dates.
Section 2. Scope. The Agreement expressed herein in writing constitutes the entire Agreement between
the parties and no oral statement shall add to or supersede any of its provisions during contract years
2011 -2011 the term of this Agreement. Provided, however, if the parties hereto have commenced
negotiations for a new contract in accordance with statutory requirements and such negotiations are
continuing at the termination date written above, the provisions of this contract shall remain in full force
and effect until the parties reach impasse in their negotiations or the effective date of a new contract,
whichever first occurs. Nothing herein shall be construed to interfere with any person's ability to initiate
a representation question or election with PERC.
Section 3. Zipper. The parties acknowledge that each has had the right and opportunity to make
proposals with respect to any matter being the proper subject for collective bargaining. The results of the
exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this
Agreement, each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain
with respect to any subject or matter not specifically referred to or covered by this Agreement.
ARTICLE 3 - Management Rights
The Association recognizes the exclusive right and prerogative of the Employer to make and implement
decisions with respect to the operation and management of the Police Department. Provided, however,
that the exercise of any or all of these rights shall not conflict with any provision of this Agreement. Such
rights and prerogative include, but are not limited to, the following:
1. The establishment of the qualifications for employment and to employ employees.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 1
2. To establish the make -up of the Police Department's work force and to make changes
from time to time, including the number and kinds of classifications, and direct the work
force towards the organizational goals established by the city.
3. Determination of the Police Department's mission, policies, and all standards of service
offered to the public.
4. To plan, direct, schedule, control and determine the operations and services to be
conducted by the employees of the Police Department in the city.
5. Determining the means, methods and number of personnel needed to carry out the
department's operations and services.
6. The reasonable approval and scheduling of all vacations and other employee leaves.
7. The hiring and assignment or transfer of employees within the department or to other
police- related functions.
8. The layoff of any employees from duty due to insufficient funds or change in the
department's mission, standards of service or other budgetary priorities set by the City
Council.
9. The introduction and use of new or improved methods, equipment or facilities.
10. The assignment of work to and the scheduling of employees.
11. The taking of whatever action is necessary to carry out the mission of the City or Police
Department in emergency circumstances and situations.
12. The determination of the department budget.
13. The right to: suspend, demote, discharge, or take other disciplinary action against
employees forjust cause.
Any employee who may feel aggrieved by the unfair discriminatory exercise of the management rights
specified above, may seek his remedy by the Grievance Procedure provided for in this Agreement.
ARTICLE 4 - Performance of Duty
Neither the Association, its officers, or agents, nor any of the employees covered by the Agreement will
engage in, encourage, sanction, support or suggest any strikes, slowdowns, blu -flu, speed -ups, mass
resignations, mass absenteeism, the willful absence from one's positions, the stoppage of work or the
abstinence in whole or in part of the full, faithful and proper performance of the duties of employment for
the purpose of inducing, influencing, or coercing a change in the conditions of compensation or the rights,
privileges or obligations of employment. In the event that any employee violates this Article, the
Association shall, upon becoming aware of the situation, immediately notify any such employees in
writing to cease and desist from such action and shall instruct them immediately to return to their normal
duties. Any and all employees who violate any of the provisions of this Article may be discharged or
otherwise disciplined.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 2
ARTICLE 5 - Grievance Procedure
A grievance shall be defined as a dispute or disagreement raised by an employee or group of employees
against the Employer involving the interpretation or application of the specific provisions of this
Agreement. Provided, any employee disciplined by discharge, demotion, or suspension longer than three
(3) days, who has within twelve (12) months of the discipline received an Appeal Decision from the
Pasco Civil Service Commission concerning conduct that is the same or similar to conduct upon which
discipline is currently based, must use the statutory Civil Service appeal procedure and is precluded from
using this grievance procedure. Grievances, as herein defined, shall otherwise be processed in the
following manner:
Section 1. Written Grievance to Division Captain. As soon as possible, but in no case later than
fourteen (14) calendar days after the grievant knows or should have known of the event giving rise to the
complaint, the grievant shall first submit in writing on a standardized form (Appendix A) his complaint to
his Division Captain, noting the essential facts, the provision(s) of the Collective Bargaining Agreement
alleged to be violated and the relief sought. Said Captain shall make an investigation of the relevant facts
and circumstances of the complaint and attempt to resolve the matter within his delegated scope of
authority and the terms of this Agreement, no later than fourteen (14) calendar days from the time the
grievance was submitted to him.
Section 2. Written Grievance to Chief of the Department. If the Captain does not resolve the matter
to the satisfaction of the grievant, the grievant may within fourteen (14) calendar days after the receipt of
written response from the Captain, submit the grievance in writing to the Chief of Police. The writing
shall include the original grievance filed with the Captain, the Captain's response and the objections to
the Captain's response. The Chief of Police shall meet with the grievant and then respond to the grievant
in writing of his decision within fourteen (14) calendar days following his receipt of the written
grievance.
Section 3. Grievance Appealed to City Manager. If the complaint is not settled, the employee may
notify the City Manager in writing, by providing all the previous written filings and responses and his
objections to the Chief s response within fourteen (14) calendar days from the date of his receipt of the
Chiefs written response. The City Manager shall hold a hearing on the dispute within fourteen (14)
calendar days where the parties may provide evidence and testimony. The City Manager shall issue a
written decision and the reasons therefore within fourteen (14) calendar days of such hearing.
Section 4. Grievance Appealed to Arbitration. Only a party to this Agreement may refer unsettled
grievances that concern provisions of this Agreement to arbitration according to the following steps:
(a) A request for arbitration shall be in writing and shall be submitted to the other party within
fourteen (14) calendar days following the date of the reply made in Section 3. Said appeal
shall identify the previously filed grievance and set forth the issue(s) that the moving party
seeks to have arbitrated.
(b) An arbitrator may be selected by mutual agreement of the parties. In the event the parties
cannot agree on the selection of an arbitrator within fourteen (14) calendar days, a joint
request shall be made to the FMCS for a list of seven (7) arbitrators. Selection shall be made
by alternatively striking names from the list with the party striking first determined by coin
toss.
(c) The arbitrator shall be limited to determining whether a party has violated, erroneously
interpreted, or failed to apply properly the terms and conditions of this Agreement and the
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 3
appropriate remedy. The arbitrator shall have no power to change, delete from, add to or alter
the terms of this Agreement. If possible, the arbitrator shall also designate the losing party.
(d) The parties
agree that the decision of the arbitrator
shall be
final
and binding and
implemented
within thirty (30) calendar days following the
rendering
of the
decision.
(e) The cost of arbitration shall be paid by the losing party, including the arbitrator's fee and
expenses. Room rental, if any, and the cost of court reporter's time shall be evenly shared.
Each party shall pay its own cost of any copy of the written record that party orders from the
reporter. If the arbitrator cannot designate which party is the loser, each party will pay one -
half (1/2) of the cost of the arbitration.
(f) Each party shall bear the cost of the preparation of its own case.
(g) The taking of a grievance beyond
Section 3 of this
grievance procedure
or to an appeal
hearing of the Pasco Civil Service Commission constitutes an election of
remedies and a
waiver where lawful of all rights to
litigate or otherwise
contest the appealed
subject matter in
any court or other available forum.
Likewise, litigation
or the contest of the grievance subject
matter in any court or other forum
shall constitute an
election of remedies
and a waiver of
right to arbitrate the matter.
Section 5. Special Provisions:
(a) The tern "employee" or "grievant" as used in this article shall mean an individual employee,
group of employees, or the Association.
(b) An Association representative and /or aggrieved parry shall be granted time off without loss of
pay for the purpose of processing a grievance from Section 2 forward. Any investigation
undertaken by the Association upon the work site shall be conducted so as not to disturb the
work of uninvolved employees and only after advance notice to the department head.
(c) A grievance may be entertained or advanced to any step in the grievance procedure if the
parties so jointly agree.
(d) The time limits as specified in this procedure may be extended by mutual written consent of
the parties involved. A statement of the duration of such extension of time must be signed by
both parties.
(e) Any grievance shall be considered settled at the completion of any step if all parties are
satisfied or if neither party presents the matter to a higher authority within the prescribed
period of time.
(f) Failure by a grievant or the PPOA to act within the time limits specified in any step, shall
constitute a waiver and forfeiture of the moving party's right to further consideration of the
grievance, except when the failure is due to a cause over which the grievant or PPOA had no
cause in initiating or control. Failure, absent good cause, to meet with the Chief of Police or
City Manager at their request on a grievance appeal to their office (Section 3 and 4) shall be
deemed a waiver of the grievance and the grievant's right to further appeal.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 4
ARTICLE 6 - Days Off Exchange
Section 1. Shift Exchange. Employees shall have the right to exchange days off when the exchange
does not interfere with the best interests of the Police Department or result in overtime liability for the
employer. Requests for exchanges of days off shall be made forty-eight (48) hours in advance of the day
requested, excluding holidays and weekends, and be subject to the approval of the Chief of Police or his
designee.
Section 2. No Overtime Liability. A shift exchange shall not result in overtime liability for the
employer and the parties agree to adopt the 7(k) exception of the FLSA for the purposes of this Article.
When exchange results in an employee working hours that would qualify for overtime, the excess hours
worked shall be excluded from the calculation of hours for which the employee would otherwise be
entitled to overtime. Where employees trade hours, each employee will be credited as if he or she had
worked his or her normal work schedule for that shift.
ARTICLE 7 - Sick Leave
Section 1. Purpose. It is understood that sick leave is solely for
employee is unable or unfit to report to work or as provided in
leave shall not be available for illness or injury resulting from or
gainful employment and any such illness or injury shall be repor
at the earliest opportunity. The Chief of Police, or his designee,
discretion.
the purpose of illness or injury when the
Section 4. For all employees, paid sick
caused by accident connected with other
Led to the employee's immediate captain
may require a doctor's certificate, at his
Section 2. LEOFF II. Employees hired on or after October 1, 1977 ( LEOFF II) shall accrue and receive
sick leave benefits as follows:
(a) Accrual of Sick Leave. New employees beginning work for the City prior to midnight of the
15`x' of the month shall earn sick leave credits from the first of the month. All employees
beginning work for the City after 12:01 a.m. on the 16`" of the month shall not earn sick leave
credits until the 1" of the succeeding month. Sick leave shall accrue at the rate of eight (8) hours
for each month for each regular employee to a maximum accumulated sick leave of twelve
hundred (1,200) hours. However, the severance benefit provided hereafter shall be based on the
product of twenty -five percent (25 %) times the accrued number of sick leave days up to a total
seven hundred twenty (720) hours.
(b) Probationary Employees Accrual and Use of Sick Leave.
i. Reporting. Neither a temporary, provisional or probationary employee is entitled to take paid
sick leave, provided, however, a probationary employee shall be entitled to take paid sick leave
after six (6) months of probationary employment. A probationary employee shall earn sick leave
credit in accordance with paragraph a), which shall be credited to him after six (6) months of
probationary employment.
(c) Sick Leave with Pay. Employees shall earn and may be granted time off with pay covering
periods of illness for involuntary physical incapacity, except time off caused by accident
connected with other gainful employment to the extent that sick leave has accrued. In order to be
granted sick leave with pay, an employee must meet the following conditions:
i. Reporting. Notification of absence due to use of sick leave shall be given to the Chief of
Police or his designee as soon as possible on the first day of such absence and every day
thereafter (unless requirement is waived by the Chief) and in as far in advance of the scheduled
work as possible. Generally, this report shall be made no later than one -half (1/2) hour before the
start of the shift. The notification must include the general symptoms experienced by the
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 5
employee that cause the employee to claim sick leave. Failure to promptly report any illness or
injury may be considered an absence without pay and may subject the employee to discipline as
well.
ii. Medical Certification. If absence extends beyond three (3) working days duration, the
employee will be required, at the option of the Chief, to submit a medical certificate signed by a
physician confirming the employee sickness or injury, that the employee has been unfit for work
for the period of absence and is again able to return to work. The cost of the medical certificate
shall be at the city's expense.
iii. Medical Examination. Permit the city to make a medical examination or nursing visit if the
city deems it so desirable. The expense of such a medical examination or nursing visit shall be
paid by the city.
(d) Return to Work after Sick Leave. The city may require a certificate from an employee's
physician stating that the employee is physically capable of returning to work. The city may, in
addition and at its expense, require the employee to be examined by a physician of the city's
choice to determine the ability of the employee to safely perform his assigned tasks.
(e) Sick Leave - Payment in Lieu Thereof. An employee, at the time of leaving the city, except for
any such employee who has not given at least two (2) weeks written notice of their voluntary
termination of employment with the city, shall have twenty-five percent (25 %) of his or her
accumulated and unused sick leave, up to an aggregate credit of seven hundred twenty (720)
hours paid to them in accordance with regular city payroll procedures.
Section 4. Illnesses of Family Members.
(a) Serious Illness. In the
event of a serious illness in
the family of the
employee, the
employee, at
his or her request, shall
be granted time
off utilizing
earned sick leave
time.
under Chapter
(b) Definition Family. For the purpose of this section family shall be defined as follows: spouse,
parent, children, grandparent of the employee and those same family members of the employees'
spouse.
(c) Definition Serious Illness. Illness which requires "treatment or supervision" means:
Any medical condition which requires medication that the family member cannot self -
medicate; or
ii. Any medical or mental condition
that would endanger
the family member's
safety or
recovery without the presence of the
employee; or
are employed and
eligible for family sick
iii. Any condition warranting preventive health care, such as physical, dental, optical, or
immunization services, when the employee must be present to authorize treatment or when
sick leave may be used for the employee's preventive health care.
iv. Sub - sections b) and c) above are not intended to include medical or mental health conditions
that could adequately be supervised by a family member's regular care provider.
v. When
both the
employee and
his
or
her spouse
are employed and
eligible for family sick
leave
benefits
under Chapter
49.12
RCW; the
employee shall use reasonable efforts to
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 6
equalize the use of family sick leave benefits between the employee and the employee's
spouse. The employer may deny the use of this family sick leave benefit to an employee who
does not exercise such reasonable efforts.
vi. Any employee shall return to work and complete his or her regular shift assignment as soon
as the reason justifying the use of this family sick leave provision no longer exists, whether
due to betterment of the immediate family member's condition, completion of any required
health care services, completion of a spouse work day, or other reason initially justifying the
use of family sick leave.
(d) Definition Children. "Children" means:
i. The natural offspring of the employee.
ii. The adopted child of the employee.
iii. The natural or adopted child of the employee's spouse; or
iv. Under the employee's legal guardianship, legal custody, or foster care.
Section 5. Return to Work/Light Duty. In the event a LEOFF II employee suffers an illness or injury
that prevents the employee from performing his or her full range of duties for a period in excess of two
(2) calendar weeks, the employer, at the discretion of the Chief of Police, may require the employee to
return to work on a light duty status.
(a) Work Assignments. A light duty status shall include work assignments within the Police
Department assigned by the Chief that the employee is released by his or her treating physician to
perform until a full release to return to work is authorized. See Article XX for Physical
Examination Requirements.
(b) Rate of Pay/Required Duty. Employees on required light duty status shall be paid at one
hundred percent (100 %) of their normal rate of pay.
Section 6. Paternity. Employees will be granted up to five (5) consecutive days off without pay
immediately after the birth of their child if sick leave is not otherwise available. The employee, at their
option, may use accumulated sick or vacation leave benefits in order to avoid the loss of pay during the
period of paternity leave.
Section
7.
Maternity. The
City
agrees to comply with all requirements of Federal and State law as it
pertains
to
Maternity leave.
ARTICLE 8 - Overtime
Section 1. Overtime Threshold and Rate, Except as otherwise provided herein, overtime work shall
include only that work performed by employees at the discretion of the Chief of Police or his designee,
which exceeds the standard number of hours in a work day or forty (40) hours of work in a seven day
work period. Paid sick leave shall not be counted as hours worked for determining the daily overtime
threshold. Except as otherwise provided herein, overtime work shall be paid at the rate of one and one-
half (1 -1/2) times the employee's "regular rate of pay" as that term is defined in the FLSA.
Section 2. Payment for Call -back, Court, and Training. In addition to the compensatory time benefit
provided in subsection XIV.3 (b) for hours worked during a callback on certain holidays, overtime
worked due to callback that is not an extension at the beginning or end of a normal shift shall be paid a
minimum of three (3) hours at the overtime rate. Overtime due to court appearances requiring less than
one (1) hour of the employee's time, shall be paid two (2) hours at the employee's overtime rate.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 7
Otherwise, overtime due to time in court shall be paid a minimum of three (3) hours at the overtime rate
per twenty -four (24) hour day, with additional hours worked paid on an hour for hour basis as required
when an employee is actually in the courtroom or required to be in the Public Safety Building prior to the
giving of testimony. Provided, however, such minimums are paid only when callback for court time is
not an extension at the beginning or end of a normal shift. If it is an extension of the shift, either at the
beginning or the end, it shall be at the overtime rate only for the actual time spent in court. In Service
Training time (outside of a scheduled shift) shall be paid at employee's straight time rate with a minimum
of two (2) hours, unless such hours for an employee are in excess of one hundred seventy -one (171)
straight time hours in a twenty- eight (28) day work period, in which case, any such time shall be paid at
time and one -half. Provided, call -backs shall only last for the period of time necessary for the resolution
of the issue that occasioned the original call- back."
Section 3. Other Rules. The following additional rules for overtime shall be followed:
(a) Travel Time. Travel time to and from classes shall not be paid as compensable time unless
required by the FLSA. To the extent reasonably practical, the employer will continue to attempt
to adjust an employee's work shift to cover the time reasonably required for travel when the
training is more than fifty (50) miles from the City of Pasco.
(b) Sick Leave. Overtime shall not be allowed for class attendance while an employee is on sick
leave or disability leave.
(c) Vacation Leave. Overtime shall not be allowed while an employee is on vacation leave, unless it
is for a court appearance.
(d) Military Leave. No overtime will be allowed an employee who is on military leave.
(e) Witness Fees. Witness fees paid to officers by the court shall be paid directly to the City of
Pasco. No officer shall collect both overtime pay and court pay for any court session attended;
provided that travel fees paid by any such court for travel by the officer to and from court, shall
be excluded.
(1) Civil Payments. When civil witness fee payments of any kind are received for testimony
required in any court case, it shall be the option of the employee to accept either the witness fee
paid by the non -city party or the city's paid overtime fee, pursuant to the provisions of this
Agreement. In no case shall an employee be entitled to overtime payment for testimony in a case
where a civil payment has been received.
Section 4. Compensatory Time Accrual. Employees shall be allowed to accumulate up to eighty (80)
hours of compensatory time off. Employees may elect to receive compensatory time off in lieu of cash
overtime in 1/2 hour increments up to the accrual maximum above with the exception of time worked on
grant funded and /or contract services which require actual cash payments to be made. One and one half
hour of compensatory time shall be accrued for each overtime hour worked.
Section 5. Compensatory Time Use: Absent mutual agreement otherwise, employee requests to utilize
compensatory time off shall be made five (5) days in advance. The City shall process the request to use
compensatory time within two (2) business days. Once approved, comp time cannot be cancelled by the
Department absent an emergency. When a request for the use of accrued compensatory time is received
on the same day as a request for the use of vacation time, the request for compensatory time shall take
precedence. However, previously approved vacation requests will not be cancelled to accommodate a
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 9
subsequently received comp time request. The City may, in its sole discretion, deny compensatory time
off in the following situations:
A. New Year's Eve, Cinco de Mayo Festival, Fourth of July Celebration, Fiery Foods
Festival, and Water Follies Weekend;
B. The Employer may deny compensatory time off requests if two employees on the same
shift have already been granted vacation or compensatory time off; or
C. In the event of an actual emergency.
Section 6. Compensatory Time Annual Conversion: In December of each year, each employee must
elect to convert to vacation hours, or to receive compensation for, or a combination of conversion and
payment, any accrued but unused compensatory hours above forty (40) hours. The conversion request
shall be on a standardized form used for this purpose. Each employee's maximum vacation accumulation
remains as specified in Article XN Section 1(b). The city shall, based upon each employee's request,
either convert to vacation hours or pay employees for accrued but unused compensatory hours over forty
(40) hours during the first full pay period in December each year. The value of accrued but unused
compensatory hours for payment purposes shall be determined by multiplying the number of hours to be
paid by the employee's regular rate of pay. An employee who does not submit a conversion form shall
receive payment for all accrued but unused compensatory hours above forty (40) hours. It is understood
that an officer may not exceed the maximum accrual of vacation hours for any reason including the
conversion of compensatory time hours.
Section 7. Provided, the Department may in its sole discretion, permit more officers off on leave than the
minimums set forth herein.
ARTICLE 9 - Bereavement
In the event of a death in the immediate family of an employee, the employee shall be granted up to thirty
two hours (32) hours off with pay. Additional leave for such purpose may be taken and charged to other
earned leave upon authorization of the Police Chief. Documentation of the need for such leave may be
required by the city.
Immediate family for these purposes shall be defined as follows: spouse and children of the employee;
mother; father; brother; sister; and grandparents of the employee and those same family members of the
employee's spouse.
ARTICLE 10- Medical, Dental and Life Insurance
Section 1. Medical and Dental Insurance for Employees and Dependents. During the term of this
agreement, the following shall apply:
Effective 1/1/13 employee premiums will be 12% of the composite premium, with a cap of 2.5% of the
36+ month officer pay step. Effective January 1, 2007, add the employer's existing "Wellness" program
to the employees' coverage.
The City retains the right to maintain a self - insurance program or to select insurance carriers, for the
purpose of containing premium rate increases. The City agrees to provide a medical and dental insurance
plan that is at least substantially equivalent to the plans currently in effect.
i. Maintain a deductible in the medical insurance program of Two Hundred Dollars
($200) per person per calendar year to a maximum of Six Hundred Dollars ($600) per
covered family per calendar year.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 9
ii. Maintain an Eighty /Twenty Percent (80 %/20 %) co- insurance which applies to all
covered medical and dental expenses incurred, with the exception of the first Five
Hundred Dollars ($500) of accident expenses, which will be covered One Hundred
Percent (100 %) to Five Hundred Dollars ($500) and not subject to the deductible.
Provided, the employer may, at its discretion on or after January 1, 1998, eliminate the
exceptions for accident expenses from the co- insurance and deductible requirements, but
only in the event the employer effects such changes for all employee groups covered
under the city's medical insurance program.
iii. A maximum Twenty -Five Dollar ($25) deductible per person per calendar year
on dental to a maximum of Seventy -Five Dollars ($75) per covered family for Class 2
and Class 3 dental expenses. The deductible will not apply to Class 1 dental expenses;
i.e. covered diagnostic and preventive care. This deductible shall be applied toward the
Two Hundred Dollar ($200) medical deductible. The maximum annual benefit for dental
expenses is One Thousand Five Hundred Dollars ($1500) per person.
Section 2. Vision Care. Effective the first month following ratification of the Agreement by both
parties, employees and their dependents will participate in the City's vision plan with the same terms,
conditions, and premiums as are generally applicable at the City.
Section 3. Life Insurance. The city, for the term of this Agreement, shall continue to provide an
employer -paid plan with benefits increased to Fifteen Thousand Dollars ($15,000) of face value term
insurance.
ARTICLE 11- Hours of Work
Section 1. Duty Schedule. The City shall declare a standard forty-hour (40) duty week consisting of
five (5) consecutive days of eight (8) consecutive hours. It is expressly acknowledged that, during the
term of this agreement, an alternative duty schedule may be implemented by the mutual consent of the
parties. Such alternate schedule shall be detailed in a memorandum of understanding and include the
terms and conditions needed to effect such change in scheduling.
ARTICLE 12 - Clothing Allowance
Section 1. Quartermaster System. The Employer shall provide, on an "as needed" basis, for each
employee, and continue to maintain for each employee on an "as needed" basis as recommended by the
employee's supervisor, the following minimum uniform, weapon, and leather gear issue:
(a) Uniform Items:
Shirts
Trousers
Ties
Tie Bar
Soft Body Armor
Departmental Insignia or Rank Insignia
Shoulder Patches
Badges (Shirt and Wallet)
Baseball type Hat
Short or Long Coat
Rain Jacket
Knit Dickie
Dress Jacket
Dress Hat
3 long sleeve /3 short sleeve
3 pair
2
7 pair
2
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 10
All Season Jacket
Utility Uniform (K -9)
Training Uniform
(b) Weapon Items and Equipment:
Handgun ** 1
Handgun Magazines 3
Chemical Irritant (OC) ** 1
Handcuffs 2 pairs
Flashlight 1
Baton" * 1
Portable Radio 1
(c) Leather or Synthetic Leather Gear Items:
Gun Belt (Velcro Type) *
Gun Holster (Security Type)
Gun Holster (Detective)
Chemical Irritant Holder (OC)
Handcuff Case
Double Magazine Pouches
Belt Keepers (for leather belt)
Baton Holder
Badge Holder (Detective)
Single Magazine Pouch (Detective)
Key Holder
Trouser Belts (Velcro Type)
Radio Holder
* On a replacement basis for existing equipment
* * Requires certification and /or mandatory training
Section 2. Replacement of Issued Items. Equipment and/or clothing that is lost, stolen, destroyed or
damaged in the line of duty and without neglect on the part of the employee will be replaced by the
employer without recrimination, cost, or charge to the employee. Clothing and equipment provided by
the employer shall be purchased and maintained with due regard to the employee's health and safety.
Section 3. Uniform Shoes /boots. Shoes /boots acceptable to the city shall be supplied as a uniform part.
Replacement shall be on an "as needed basis" (reasonably determined by the city), but no more than one
pair of shoes /boots per employee every year. Except, that shoes /boots ruined in an on -duty incident shall
be eligible for immediate replacement. Effective I/l/13, the city's cost per pair of shoes/boots shall not
exceed two hundred dollars /year, plus tax and shipping costs (if any). The employee shall bear any
excess costs for the shoes /boots selected. Shoes /boots shall be for duty use only.
Section 4. Plain Clothes. For those employees required to wear plain clothes in the course of their
assigned duties (detectives), the employer will pay a semi - annual clothing allowance of up to Three
Hundred Twenty-five Dollars ($325) on or after the 31'` of January and the 31" of July each year.
Payment shall be made on a reimbursement basis upon the submission of store receipts verifying the
purchase of eligible clothes. The City will pay for the cleaning of up to twelve (12) articles of clothing
for each plain- clothes officer each month. "Articles of clothing" means: sport coat orjacket, slacks, suits,
necktie, dress shirt, blouse, skirt, scarf, dress and dress shoes.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page I1
ARTICLE 13 - Working Out Of Classification
Any employee covered by this Agreement working out of classification for more than five (5) continuous
working days shall be paid the rate of pay for the higher classification retroactively to the first full shift
and for each additional full shift. The out of classification rate paid to the employee will be based on the
difference in base pay of the two classifications.
ARTICLE 14 - Holidays and Vacations
Section 1. Vacations.
(a) 0 -5yrs 6th yr 11th yr 16rh yr 20th yr
8 Hr. days per year 12 15 18 20 24
Accrual /pay
period in his 3.7hrs 4.62hrs 5.54hrs 6.17hrs 7.39hrs
Maximum Accrual 192hrs 240hrs 288hrs 321hrs 384hrs
(b) Accumulation of Vacation. Normally, employees will be required to take annual vacation. No
accrued vacation will be allowed in excess of two full years of earned vacation time. Time not
taken that causes accrual beyond two full years will be lost to the employee. Normally,
employees will not take more than one and one -half (1 -1/2) years accumulation in any one year;
however, the City Manager may authorize longer leave in special cases.
(c) Vacation Cash -out. Employees entering their tenth (10`") year of continuous service may
convert forty (40) hours vacation into cash in December of each year, provided they have taken
eighty (80) hours of vacation during the year and have maintained satisfactory work performance
as shown in their annual performance evaluation.
(d) Probationary Employees. Probationary employees will earn vacation credit that shall be fully
credited to them upon becoming regular employees. Probationary employees will be able to use
up to twenty -four (24) hours of vacation leave during their remaining twelve (12) months of
probationary period upon graduation from the Police Academy.
Section 2. Floating Holiday. Each employee may select a day on which he desires to take one floating
holiday, subject to the following conditions:
The employee has been continuously employed by the city for more than six (6) months.
ii. The employee has given not less than fourteen (14) calendar days of written notice to his
immediate supervisor. The employee and supervisor may agree on an earlier date of
convenience.
iii. The supervisor has approved the date.
iv. The floating
holiday must be taken
during the calendar year
or entitlement
to the day will
lapse; except
when an employee has
made reasonable request
for a personal
holiday and the
request has been denied.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 12
v. The
employee will receive
eight (8) hours of straight time pay
for the holiday. The
employee
may
use accrued vacation
time to supplement pay up to total
regularly scheduled
hours for
that
day.
above top
step
officer wage
Section 3. Holidays. All ten (10) general holidays will be accrued as holiday time that the employee
may elect to convert to vacation days or cash -out at the straight time rate in December, or a combination
of both. The holiday time may not be "carried over" and the maximum vacation accumulation remains as
specified in Section 1(b). Employees who work on a designated general holiday will be paid at the
straight time rate unless other overtime provisions apply.
Holiday
Christmas Day
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Date Accrued
December 25
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Fourth Friday in November
(a) All employees covered by this Agreement shall accrue eight (8) hours for each general holiday.
(b) In addition, those employees who are called back to work on the following holidays shall be
compensated for the actual hours worked at the overtime rate of pay: Christmas Day, July 4`n
Thanksgiving Day, and New Year's Day. Those employees shall also earn for each hour actually
worked, up to four (4) hours compensatory time off on an hour - for -hour basis (one hour of
compensatory time off for each hour worked).
(c) Upon separation from the department for any reason, any employee that has accumulated holiday
time shall be paid at the then prevailing rate of pay.
ARTICLE 15 - Wages
Section 1. 2011 Wages. 3% increase effective January 1, 2011; 1% increase effective the first full pay
period in July 2011.
Section 2. 2012 Wages. 2% increase effective first full pay period of 2012; 2% increase full pay period
of July 2012.
Section 3. 2013 Wages. First full pay period of 2013: 100% CPI -U, b/c western cities;
October /October. 14% min -max.
Section 4. Effective January 1, 2006, wages for corporals and sergeants are to be established as
follows:
Corporals
10%
above top
step
officer wage
ls` yr. Sergeants
15%
above top
step
officer wage
2nd yr. Sergeants
20%
above top
step
officer wage
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 13
Note: As of January 1, 2006, the differentials noted above will determine the actual rate of pay
for corporals & sergeants, rather than agreed upon percentage increases.
Section 5. Detectives. Detectives shall receive an additional two percent (2 %) per month over their base
hourly wage. Detectives shall all carry their assigned pager or cellular phone when off duty and are
expected to answer if they receive a call. Each week, one Detective shall specifically be assigned "on-
call" and shall stay within range of their assigned pager or cellular phone and a thirty- minute response
time to the station or point of the emergency call out.
Section 6. Detective Sergeants. Detective Sergeants will receive an additional two percent (2 %) per
month over their base hourly wage, to compensate for frequent off duty calls to assist department
personnel by providing instructions, guidance or decisions pertaining to developing or on -going
investigations.
Section 7. Field Training Officers. Certified Field Training Officers (FTO's) when assigned by the
Chief of Police will receive an additional wage amounting to three percent (3 %) per hour of their base
wage during the hours they are actively training `student officers' (as defined by the FTO training
manual).
Section 8. SWAT. Effective I/I/13, 2% premium for SWAT members. The City reserves the exclusive
right to determine the number of positions on SWAT. Further, the City retains the exclusive right to
remove any individual from the SWAT team at any time for any reason without recourse or challenge.
Section 2. Transportation. The City shall determine the means of transportation for an employee to the
Police Academy or other training facility and pay the actual cost of transportation for the initial trip to the
academy location and the final return trip. If the employee's personal automobile is used as the means of
transportation, the city shall pay the employee the rate at which non - represented employees are
reimbursed. Any trips home during academy attendance, when required by the City shall be by means of
transportation determined by the City and the City will pay the cost thereof or mileage. No other
transportation costs or mileage will be paid by the City while an employee is attending the Academy.
Section 3. Allowance. The cost for all clothing and equipment required for Academy attendance and
physical education classes will be reimbursed by the City up to a maximum reimbursement of Two
Hundred and Fifty Dollars ($250). The required physical examination will be paid in full by the City.
ARTICLE 17 - Savings Clause
Should any article, section or portion of this Agreement be held unlawful and unenforceable by final
order of any court of competent jurisdiction or administrative agency having jurisdiction over the subject
matter, or by legislation of the State of Washington or federal government, such decision or legislation
shall apply only to the specific article, section or portion thereof directly affected. Upon issuance of any
such decision or legislation, the parties agree immediately to negotiate a substitute, if possible, for the
invalidated article, section, or portion thereof. All other portions of this Agreement, and the Agreement
as a whole, shall continue without interruption for the term hereof.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 14
ARTICLE
16 - Police Academy Attendance
Section 1. Overtime. An
employee at
the Police Academy or other training facility, when required
by
the City is subject to the
provisions of
Article VIII - Overtime and Article XI - Hours of Work.
No
overtime will be claimed
unless mandated by the FLSA or state law. Travel time to and from
the
academy or other training
facility is not
compensable time unless required by the FLSA or approved
by
the Chief of Police.
Section 2. Transportation. The City shall determine the means of transportation for an employee to the
Police Academy or other training facility and pay the actual cost of transportation for the initial trip to the
academy location and the final return trip. If the employee's personal automobile is used as the means of
transportation, the city shall pay the employee the rate at which non - represented employees are
reimbursed. Any trips home during academy attendance, when required by the City shall be by means of
transportation determined by the City and the City will pay the cost thereof or mileage. No other
transportation costs or mileage will be paid by the City while an employee is attending the Academy.
Section 3. Allowance. The cost for all clothing and equipment required for Academy attendance and
physical education classes will be reimbursed by the City up to a maximum reimbursement of Two
Hundred and Fifty Dollars ($250). The required physical examination will be paid in full by the City.
ARTICLE 17 - Savings Clause
Should any article, section or portion of this Agreement be held unlawful and unenforceable by final
order of any court of competent jurisdiction or administrative agency having jurisdiction over the subject
matter, or by legislation of the State of Washington or federal government, such decision or legislation
shall apply only to the specific article, section or portion thereof directly affected. Upon issuance of any
such decision or legislation, the parties agree immediately to negotiate a substitute, if possible, for the
invalidated article, section, or portion thereof. All other portions of this Agreement, and the Agreement
as a whole, shall continue without interruption for the term hereof.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 14
ARTICLE 18 - Police Officers Career Development Plan
Section 1. Tuition Reimbursement. The City and the Association recognize the benefits
brought to the police function by increased educational levels. In an effort to increase members
educational levels, the City will reimburse an employee covered by this Agreement for tuition
and required expenses (books, lab fees) incurred by any employee taking college level course
work when engaged in a continuing education program offered by a nationally accredited
educational institution in the areas of law enforcement, criminal justice, public administration, or
other police- related field of study approved by the City after considering input from the
Association, Approved courses may be either classroom or online based.
Tuition costs for approved courses shall not exceed the following:
1. For courses taken at an in -state (Washington) public educational institution, either at the
actual institution or via on -line courses, the tuition rate shall not exceed the actual in -state
residential tuition rate for that institution.
For courses taken at an in -state private educational institution or at any out of state
educational institution, either at the actual institution or via on -line courses, the tuition
rate shall not exceed the in -state residential tuition for Washington State University for
similar coursework at the time of the request.
Such reimbursement shall occur upon completion of the course according to the grade obtained
as follows:
For an "A ": 100%
For a `B ": 75%
For a "C" 50%
For a "D" or failing grade no reimbursement
Section 2. Monthly Premium. Employees possessing an Associate or Bachelors degree in a
major field of study from a nationally accredited educational institution prior to employment or
obtaining a degree in an approved field of study after employment under the provisions of
Section I will receive for an education premium for compensable work in the following amounts:
(a) Police Officer, Sergeants and Corporals:
Degree Level Achieved 0 - 10 years 11 — 20 years 21+ years
AA (AS) 3 % /mo. 4 % /mo. 5 % /mo.
BA (BS) 6 % /mo. 8 % /mo. 10 % /mo.
ARTICLE 19 - Bilingual Incentive
Any Association member who is fluent in Spanish or in another foreign language (that is deemed useful
to the City) shall have their base wages increased by three percent (3 %) per hour, such proficiency shall
be reasonably determined by the City.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 15
ARTICLE 20 - Physical Examination
Section 1. Required. When there is reasonable suspicion to believe that an employee cannot safely
perform the job functions of their position, the employee may be required, at the City's request and
expense, to take a physical examination for the purpose of determining whether or not the employee can
perform the job functions of their position as a condition of continued employment. Physical
examinations will be taken in a timely manner whether on or off duty. The City shall be entitled to a
physician's report stating the results of such examination, provided, however, the report to the employer
shall be limited to results concerning the employee's ability to perform their job functions. The
Employee shall execute the Release Form attached hereto as an appendix.
Section 2. Requested. At the employee's request, the City shall provide each employee a complete
physical examination, including pap smears and mammograms for female employees, at no cost to the
employee, by a physician of the City's choice, according to the following schedule:
Age Frequency
To 40 Three (3) years
To 50 Two (2) years
Over 50 One (1) year
The City shall be entitled to a physician's report stating the results of such examination limited to the
employees' ability to perform their job functions. The employee shall execute the Release Form attached
hereto as an appendix.
ARTICLE 21 - K -9 Officer
Section 1. Off -Duty Time. It is agreed that on the average, a K -9 Officer spends approximately twenty
(20) minutes per day in compensable off -duty time for the duty- related care and maintenance of a dog, or
ten (10) hours per month.
Section 2. FLSA. Notwithstanding Section 1 of Article XVIII, a K -9 Officer's compensable off -duty
time spent in the care and maintenance of a K -9 shall not be subject to the daily and forty (40) hours per
week overtime thresholds. Such off -duty time shall be subject to the maximum number of hours that may
be worked during the Officer's twenty-eight (28) day work period under Section 207(k) of the FLSA.
Section 3. Payment. It is agreed that the K -9 officer will receive ten (10) hours of pay per month at the
regular rate of pay for duty- related care and maintenance of the dog. Such pay shall be included in the K-
9 Officer's payroll check issued for the second payroll each month in an amount based upon the ten (10)
hours per month average.
Section 4. Serious Illness or Injury. However, in the event a K -9 is ill or injured requiring multiple
visits to the veterinarian and /or extended home care by the K -9 Officer, the K -9 Officer shall be paid for
actual hours off duty caring for the dog at the hourly rate. The K -9 Officer must notify his Captain of any
such occurrence and turn in a daily time slip for the extra time. The employer reserves the right at any
time to remove a dog from service and relieve the K -9 Officer of responsibilities for off duty care of the
dog.
ARTICLE 22 - Substance -Free Work Place Policy
The Substance -Free Work Place Policy set forth in the City of Pasco Administrative Order currently
number 65A originated August 28, 1992 is incorporated herein by this reference.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 16
ARTICLE 23 - Federal Family and Medical Leave Act of 1993
Section 1. Administrative Order Number 231. Article II of Administrative Order Number 231,
Family and Medical Leave Act, originated November 22, 1993 setting forth the implementing procedures
of the FMLA by the City is incorporated by this reference herein as if specifically set forth.
Section 2. Notice Required.
Employees are
cautioned to be mindful of
the thirty (30) day advance
notice requirement required by
the law (FMLA)
and the required use of the
FMLA Leave Request Form
when unpaid family or medical
leave is intended
to be utilized.
Section 3. Conflict. The leave requirements otherwise made available to the employee throughout this
Agreement shall not be diminished by their coordination with the FMLA and any conflict between a
provision of this Agreement and the Administrative Order No. 72 shall be resolved in favor of the
language of this Agreement.
ARTICLE 24 - Prevailing Rights
All prevailing rights and privileges held by the employees at the present time, which are not included in
this Agreement, and which do not conflict with any provision of this Agreement shall remain in full force
and effect.
ARTICLE 25 - Shift Bidding
Patrol officers will annually bid for shift assignments by seniority. Seniority will be determined as set
forth in Article XXVII of this Agreement. Bidding will be supervised by the Chief of Police.
Management will endeavor to accommodate these requests, but retains the authority of the Chief of Police
at his discretion and for reasonable cause to make changes in shift assignments to meet the operational
needs of the department.
ARTICLE 26 - Layoffs
In the case of a personnel reduction within any classification, the employee with the least seniority shall
be laid off first. Seniority shall be determined by date of employment, provided, however, seniority for
employees in the sergeant and corporal classification shall be determined by time served in the rank or
classification. When two or more employees of the classification being reduced have the same date of
employment then they shall be laid off by inverse ranking off the civil service list from which they were
hired. Attachment "C" is a current listing of seniority in the department's bargaining unit positions
according to the preceding criteria. This list shall be maintained by the Chief of Police and updated, as
new employees are hired and existing employees leave city service. The affected employees shall be
given four (4) weeks advance notice of the effective date of any personnel reduction. Employees being
laid off may choose to transfer to a lower paying classification within the bargaining unit, provided that
the employee meets the minimum job qualifications for the position and providing the employee has more
seniority than the employee currently occupying the position in the lower classification.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 17
Dated this day of 2012.
City of Pasco:
Matt Watkins
Mayor
ATTEST:
Debbie Clark
City Clerk
Pasco Police Officer's Association:
Dean Perry
President
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
Randall L. Roach
Secretary
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 18
AGENDA REPORT NO. 17
FOR: City Council
TO: Gary
FROM: Ahmad Qayourili, Public Works Director
SUBJECT: Oregon Avenue Corridor
I. REFERENCE(S):
November 2, 2012
Workshop Mtg.: 11/13/2012
Regular Mtg.: 11/19/2012
Vicinity Map
Scope of Work
Proposed Agreement
*(Council packets only; copy available in Public Works office, the Pasco Library or on
the city's website at www.vasco- wa.gov for public review)
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11/13: Discussion
11/19: MOTION: I move to approve the Professional Services Agreement with
CH2MHill, authorizing professional services with respect to the
Oregon Avenue Corridor, not to exceed $350,000.00 and further,
authorize the Mayor to sign the agreement.
III. FISCAL IMPACT:
LID, Local and STP Funds
IV. HISTORY AND FACTS BRIEF:
A) The City of Pasco is planning to widen the existing four -lane roadway to provide a
five -lane section that offers a center two way left turn lane to accommodate turning
movements. The City anticipates that vacant properties along the corridor will be
developed to host additional industrial businesses in the foreseeable future and seeks
to design the corridor improvements in a manner that safely and efficiently facilitates
truck and employee movements. The purpose of this study is to develop a 20 -year
plan for corridor study area. This plan will serve as a basis for identifying existing
and future turn lane needs (length of storage, etc.), anticipated future traffic signal
locations, and access management standards for the corridor.
V. DISCUSSION:
A)
This project is proposed to be funded by an LID. The LID will be formed as part of
the design phase, and used to fund the construction.
B)
The City has allocated $676,700 in STP (federal) funds that will be used for design,
project management and some construction (i.e. reconstruction of the Lewis Street/
Oregon Avenue intersection to improve safety). STP funds require a local match of
13.5% (about $90,000 for this project).
C)
In September, 2012, staff sent a formal Request for Proposals (RFP) to five
consulting firms and received five responses. City interviewed the consulting firms
which met the criteria as outlined in the RFP. After extensive discussions, the
consultant selection team chose CH2M1Ii11 and successfully negotiated the scope and
budget for the project.
D)
Scope of work involves three primary elements:
• Corridor Traffic Study for current and 20 year plan
• Phase 1 and Phase 2 Construction Ready Plans
• Phase 3 Entry Way Design at the intersection of Ainsworth Avenue and
Oregon Avenue.
The fee for this work is proposed at the lump sum of $350,000, which includes the
attached Scope of Work.
10(c)
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AGENDA REPORT NO. 19
FOR: City Council November 13, 2012
TO: Gary Crutchfie d!' anager
Ahmad Qayourm b ' Works Director eK
i
FROM: Michael A. Pawlak, City Engineer Regular Mtg.: 11/19/12
SUBJECT: Award Road 56 Water Main Replacement, Project #C7- WT- 2R -12 -05
I. REFERENCE(S):
1. Vicinity Map
2. Bid Summary
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11/19: MOTION: I move to award the low bid for the Road 56 Water Main
Replacement Project to Big D's Construction of Tri- Cities in
the amount of $251,678.33, including applicable sales tax, and
further, authorize the Mayor to sign the contract documents.
III. FISCAL IMPACT:
Water Utility Fund
IV. HISTORY AND FACTS BRIEF:
A) This
project
involves installation of approximately 2,800
feet of 8 -inch ductile
iron
water main with appurtenances and surface restoration
along Road 56.
B) The project was advertised on October 14, 2012 and October 21, 2012, with a bid
opening on October 30, 2012.
V. DISCUSSION:
A) On October 30, 2012, staff received seven (7) bids for the project. The low bid
was received from Big D's Construction of Tri- Cities in the amount of
$251.678.33, including applicable sales tax. The second lowest bid was received
from Watts Construction, Inc. in the amount of $288,611.47, including applicable
sales tax. The high bid was $433,505.14.
B) The Engineer's Estimate provided by the City's consultant (Gray & Osborne) was
$387,583.13. Engineering Division staff also prepared two independent estimates
for the project with an average estimate of $293,990.52. All of the Engineer's
Estimates were based on recent bid tab information from other similar jobs bid
and awarded in the Yakima and Columbia Valleys over the past 12 months.
C) The Engineering Division has reviewed all of the bids and found them to be
responsive. The bidding climate for this project was more favorable to the City
than what we have seen so far earlier this year. Five of the seven bids were
clustered in the $335,000 to $433,000 range demonstrating that the bid package
was well prepared, clear and concise. Those bids also confirm that the bidders
were viewing the scope of the project in the same manner as the design engineer.
We believe the low bidder was especially competitive in order to provide work
backlog for its crews for the early winter months. The result was the receipt of a
very competitive bid that was significantly lower that the Engineer's Estimate.
D) Staff recommends award of the contract to Big D's Construction of Tri- Cities.
10(d)
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City of Pasco
Road 56 Water Main Replacement
Project No. C7- WT- 2R -12 -05
October 30, 2012
BID SUMMARY
Engineers Estimate $387,583.13
Big D's Construction of Tri- Cities $251,678.33
Watts Construction, Inc. $288,611.47
Premier Excavation, Inc. $335,650.03
Sharpe & Preszler Construction Co., Inc. $3615867.58
Colacurcio Brothers, Inc. $384,352.88
Goodman & Mehlenbacher Enterprises, Inc. $385,015.82
S &L Underground, Inc. $4331505.14
AGENDA REPORT NO. 20
FOR: City Council
TO: Gary
FROM: Ahmad Qayounai, ' ily(ic Works Director
i
SUBJECT: Award of 5`h Avenue Sewer Repair
Project No. C7- SE- 2R -12 -20
I. REFERENCE(S):
1. Vicinity Map
2. Bid Summary
November 14, 2012
Regular Mtg.: 11/19/2012
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11/19: MOTION: I move to award the low bid for the 5 h Avenue Sewer Repair
Project to Ray Poland & Sons, Inc. in the amount of
$81,178.50 including sales tax, and further, authorize the
mayor to sign the contract documents.
III. FISCAL IMPACT:
Utility Fund
IV. HISTORY AND FACTS BRIEF:
A) This project consists of raising the manhole at 5th Ave & Burlington Northern
Santa Fe Railroad tracks. This is one of two projects that will be completed on
the 5 1 Avenue Sewer. The other, a lining project, will be put out to bid in 2013.
V. DISCUSSION:
A) On November 2, 2012 staff received two (2) bids for the 5`h Avenue Sewer
Repair, Project No. C7- SE- 2R- 12 -20. The low bid was received from Ray
Poland & Sons, Inc. in the amount of $81,178.50 including sales tax. The
second lowest bid received was in the amount of $226,322.40 including sales
tax. The Engineer's Estimate for the project is $86,880.00 including sales tax.
Staff recommends award of this contract to Ray Poland & Sons, Inc.
10(e)
City of Pasco
5"' Avenue Sewer Repair
Project No. C7- SE- 2R -12 -20
November 2, 2012
BID SUMMARY
Total
Engineer's Estimate $8600.00
1. Ray Poland & Sons, Inc. $81,178.50
2. Premier Excavation $2261322.40