Loading...
HomeMy WebLinkAbout2012.12.03 Council Meeting PacketAGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. December 3, 2012 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 19, 2012, 2. Minutes of the Special Pasco City Council Meeting dated November 26, 2012. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) To approve General Claims in the amount of $819,373.52 ($122,608.34 in the form of Electronic Fund Transfer Nos. 12582, 12617 and 12649; and $696,765.18 in the form of Wire Transfer Nos. 1259) 1260, 1264, 1265 and 1266, and Claim Warrants numbered 190451 through 190626). 2. To approve Payroll Claims in the amount of $2,950,095.22, Voucher Nos. 44994 through 45096 and 80210 through 80219; and EFT Deposit Nos. 30055545 through 30056379. (c) Interlocal Agreement for Emergency Management Services: 1. Agenda Report from Gary Crutchfield, City Manager dated November 19, 2012. 2. Proposed Interlocal Agreement. 3. 2013 Schedule of Local Assessments. To approve the Interlocal Agreement for Emergency Management Services and, further, authorize the Mayor to sign the agreement. (d) Federal Legislative Consulting Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated November 20, 2012. 2. Proposed Agreement. To approve the agreement with Gordon Thomas Honeywell Governmental Affairs for federal legislative consultant services and, further, authorize the City Manager to sign the agreement. (e) Resolution No. 3443, a Resolution authorizing the sale of Police Department seizure /forfeiture vehicles considered surplus to City needs. 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated November 16, 2012. 2. Memo from Chief Metzger. 3. Proposed Resolution. To approve Resolution No. 3443, authorizing the sale of Police Department seizure /forfeiture vehicles considered surplus to City needs. *(f) Right -of -Way Dedication for a Portion of West Court Street (MF# DEED2012 -005): 1. Agenda Report from Dave McDonald, City Planner dated November 27, 2012. 2. Overview Map. 3. Vicinity Map. 4. Right -of -Way Dedication Deed. To accept the deed from Moore's Real Estate Investments, LLC for a portion of right -of -way for West Court Street. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) Regular Meeting 2 December 3, 2012 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND /OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: *(a) 2013 Annual Operating and Capital Projects Budgets. 1. Agenda Report from Dunyele Mason, Finance Manager dated November 26, 2012. 2. Proposed 2013 Annual Operating Budget Ordinance. 3. Proposed 2013 Capital Projects Budget Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. an Ordinance adopting the City of Pasco Operating Budget for the Year 2013. MOTION: I move for the fast reading of Ordinance No. , for consideration of the 2013 Annual Operating Budget. -AND - Ordinance No. , an Ordinance adopting the City of Pasco Capital Projects Budget for the Year 2013. MOTION: I move for the first reading of Ordinance No. , for consideration of the 2013 Capital Projects Budget. 81 ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) Non - Represented Cost of Living Adjustment: 1. Agenda Report from Gary Crutchfield, City Manager dated November 28, 2012. 2. Proposed Ordinance, Non - Represented, Non - Management Wage Plan. 3. Proposed Ordinance, Management Salary Plan. Ordinance No. an Ordinance concerning wages for certain Non - Management, Non - Represented personnel for the calendar year 2013. MOTION: I move to adopt Ordinance No. , providing a cost -of- living adjustment in the non - represented, non - management wage plan beginning January 1, 2013 and, further, authorize publication by summary only. 9.VL"l Ordinance No. an Ordinance concerning the salaries for Management positions for the calendar year 2013. MOTION: I move to adopt Ordinance No. , providing a cost -of- living adjustment in the management salary plan beginning January 1, 2013 and, further, authorize publication by summary only. (b) Ordinance No. an Ordinance of the City of Pasco, Washington amending PMC 11.02.050 "Notice of Civil Violation" and PMC 11.02.060 "Hearing Before the Code Enforcement Board" providing for Mandatory Appearance and Minimum Penalties for Repeat Violations. 1. Agenda Report from Mitch Nickolds, Inspection Services Manager dated November 20, 2012. 2. Proposed Ordinance. MOTION: I move to adopt Ordinance No. , amending Section 11.02.050 and 11.02.060 of the Pasco Municipal Code and, further, authorize publication by summary only. Q *(c) Resolution No. a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of a tutoring center. 1. Agenda Report from Shane O'Neill, Planner I dated November 26, 2012. 2. Vicinity Map. 3. Proposed Resolution. 4. Report to Planning Commission. 5. Planning Commission Minutes dated 10/18/12 and 11/15/12. MOTION: I move to approve Resolution No. _, approving a special permit for a tutoring center at 117 South 3 d Avenue as recommended by the Planning Commission. 3 9, UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) Property Purchase Agreement: December 3. 2012 1. Agenda Report from Stan Strebel, Deputy City Manager dated November 28, 2012. 2. Vicinity Map. 3. Overview Map. 4. Real Estate Purchase Agreement. MOTION: I move to approve the Real Estate Purchase Agreement with Old Standard Life Insurance Company, in Liquidation, and to ratify the City Manager's execution thereof. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) Real Estate Acquisition (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File #...." Q Quasi - Judicial Matter REMINDERS: 1. 1:30 p.m., Monday, December 3, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.) 2. 4:30 -6:30 pm., Monday, December 3, Courtyard by Marriott, Richland — 10°i Annual Elected Leaders Reception. (MAYOR MATT WATKINS; COUNCILMEMBERS REBECCA FRANCIK, MIKE GARRISON, BOB HOFFMANN, TOM LARSEN, SAUL MARTINEZ and AL YENNEY) 3. 12:00 p.m., Wednesday, December 5, 2601 N. Capitol Avenue — Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) 4. 5:30 p.m., Thursday, December 6, P &R Classroom — Parks & Recreation Advisory Board Meeting. (COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.) 5. 5:30 p.m., Thursday, December 6, 710 W. Court Street — Benton - Franklin Community Action Connections Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) REGULAR MEETING CALL TO ORDER: MINUTES PASCO CITY COUNCIL NOVEMBER 19, 2011 The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Excused: Mike Garrison. Staff present: Gary Crutchfield, City Manager; Leland Kerr, 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 Gear, Fire Chief and Mike Pawlak, City Engineer. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated November 5, 2012. (b) Bills and Communications: To approve General Claims in the amount of $15430,610.64 ($206,541.95 in the form of Electronic Fund Transfer Nos. 12309, 12355, 123775 12378, 12498 and 12514; and $1,224,068.69 in the form of Wire Transfer Nos. 1261 through 1263, and Claim Warrants numbered 190243 through 190258). 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. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS: Mr. Mac Miller, Boise Idaho, addressed Council concerning a rock in Volunteer Park. REPORTS FROM COMMITTEES AND /OR OFFICERS: Mr. Yenney attended the Benton Franklin Council of Governments Board meeting and reported on the Hanford Area Economic Investment Fund meeting. Mr. Martinez congratulated Ms. Saundra Hill, Superintendent of Pasco School District, for receiving the `2013 Superintendent of the Year' award from Washington Association of School Administrators. Mayor Watkins and Mr. Crutchfield met with State Senator Schoesler to discuss the upcoming legislative session and the priorities of the City of Pasco. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 2013 Property Tax Levy, Mr. Crutchfield explained the options for the Property Tax Levy. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 19, 2011 MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED 2013 PROPERTY TAX LEVY. No one offered comment on the 2013 Property Tax Levy. MOTION: Ms. Francik moved to continue the public hearing to a Special Meeting on November 26. Mr. Yenney seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Ordinance No. 4078, an Ordinance assigning zoning to certain real property within the City of Pasco. MOTION: Ms. Francik moved to adopt Ordinance No. 4078, establishing R -S -20 and C -1 Zoning for the Riverview Annexation Area #2 and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. NEW BUSINESS: Joint Use of County Facility, Municipal Court: MOTION: Ms. Francik moved to approve the Interlocal Agreement with Franklin County for joint use of the County Facility and, further, authorize the Mayor to sign the Agreement. Mr. Martinez seconded. Motion carried unanimously. Bargaining Contract for Uniformed Police Department Represented Employees: MOTION: Ms. Francik moved 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. Mr. Yenney seconded. Motion carried unanimously. Oregon Avenue Corridor: MOTION: Ms. Francik moved 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. Mr. Yenney seconded. Motion carried unanimously. Award Road 56 Water Main Replacement, Project #C7- WT- 2R- 12 -05: Council and staff discussed the details of the proposed project. MOTION: Ms. Francik moved 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. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. Award 5th Avenue Sewer Repair, Project #C7- SE- 2R- 12 -20: Council and staff discussed the details of the proposed project. MOTION: Ms. Francik moved to award the low bid for the 5th 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. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. REGULAR MEETING EXECUTIVE SESSION: MINUTES PASCO CITY COUNCIL NOVEMBER 19, 2011 Council adjourned to Executive Session at 7:28 p.m. for approximately 20 minutes to consider acquisition of Real Estate and establish the sales price or lease amount of Real Estate with the City Manager and the City Attorney. Mayor Watkins called the meeting back to order at 7:38 p.m. and noted no action was taken during Executive Session. He also reminded everyone that City Hall will be closed the 22nd and 23`d for the Thanksgiving Holiday. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:38 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 3 day of December, 2012. SPECIAL MEETING CALL TO ORDER: MINUTES PASCO CITY COUNCIL NOVEMBER 26, 2012 The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Saul Martinez, Matt Watkins, Robert Hoffmann, Tom Larsen and Al Yenney. Staff present: Gary Crutchfield, City Manager; Lee Kerr, City Attorney; Stan Strebel, Deputy City Manager; Rick White, Community & Economic Development Director; Rick Terway, Administrative & Community Services Director; Ahmad Qayoumi, Public Works Director; Bob Gear, Fire Chief; and Bob Metzger, Police Chief. The meeting was opened with the Pledge of Allegiance. BUSINESS ITEM — RECONVENED PUBLIC HEARING: 2013 Property Tax Levy: MOTION: Ms. Francik moved to adopt Ordinance 4079, 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 — Option No. 2. Mr. Garrison seconded. Mayor Watkins explained the item and motion were continued for further discussion from the November 19th City Council meeting. Council discussion continued. Motion passed 7 — 0. MOTION: Ms. Francik moved to adopt Ordinance 4080, preserving Property Tax Levy capacity for fiscal years after 2012 in accordance with state law. Council discussion continued. Motion passed 6 — 1; No - Larsen. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:08 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 3rd day of December, 2012. 3(a).2 CITY OF PASCO Council Meeting of: December 3, 2012 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penally of perjury that the materials have been furnished, the Nices rendered or the labor performed as described herein and that the claim is a just, due and unpaid obligat' ag 'nst the city and that we are authorized to authenticate and certify to said claim. unyele Maffin, Finance Services Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 3rd day of December, 2012 that the merchandise or services hereinafter specified have been received: Check Numbers and 190451- 190626 In The Amount Of: $696,765.18 Electronic Funds Transfers: 1259- 1260.1264 1265 -1266 Electronic Funds Transfers: (Journal Entries) Councilmember In The Amount Of: $ 122,608.34 12582,12617,12649 GENERALFUND: Legislative Judicial Executive Police Fire Administration & Community Services Community Development Engineering Non - Departmental Library TOTAL GENERAL FUND: Combined total of $819,373.52 Councilmember SUMMARY OF CLAIMS BY FUND: STREET ARTERIAL STREET STREET OVERLAY C. D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI MODAL FACILITY RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMNT LODGING LITTER CONTROL REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS STADIUM /CONVENTION CENTER GENERAL CAP PROJ CONSTRUCTION WATERISEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL- OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL- REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE CENTRAL STORES PAYROLL CLEARING LID CONSTRUCTION PUBLIC FACILITIES DIST TRI CITY ANIMAL CONTROL SENIOR CENTER ASSOCIATION GRAND TOTAL ALL FUNDS: 38.00 212,321.45 17,728.85 0.00 0.00 122.83 12.18 166.84 652.79 6,612.36 1,870.71 4,640.93 31,140.19 42,982.51 672.84 778.14 0.00 1,624.94 19.50 0.00 51,290.25 0.00 0.00 50,280.23 0.00 $ 819,373.52 3(b).1 CITY OF PASCO Payroll Approval The City Council City of Pasco Franklin County, Washington The follow' is a summary of payroll claims against the City of Pasco for the month of November 201jKwhjch are p�q"d herewith for your review and approval. Council Meeting of: December 3, 2012 Rick Terway, Administrative & Community Services Director We, the undersigned City Council members of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the services represented by the below expenditures have been received and that payroll voucher No's. 44994 through 45096 and 80210 through 80219 and EFT deposit No's. 30055545 through 30056379 and City contributions in the aggregate amount of $2,950,095.22 are approved for payment on this 3rd day of December 2012. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERALFUND: 56,257.21 Legislative $ 11,810.93 Judicial 114,071.66 1,252.76 Executive 95,819.43 Police 856,522.27 Fire 409,805.86 Administrative & Community Services 384,461.54 Community Development 1232458.62 Engineering 1463972.30 TOTAL GENERAL FUND 2,142,922.61 19,495.42 CITY STREET 56,257.21 BLOCK GRANT 11,185.35 HOME CONSORTIUM 1,252.76 NSP 149.72 MARTIN LUTHER KING CENTER 9,443.06 AMBULANCE SERVICE FUND 229,115.78 CEMETERY 15,138.09 ATHLETIC FUND 2,339.79 SENIOR CENTER 19,495.42 STADIUM OPERATIONS 0.00 MULTI -MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 0.00 WATER /SEWER 416,558.29 EQUIPMENT RENTAL - OPERATING 39,383.22 OLD FIRE PENSION FUND 61853.92 GRAND TOTAL ALL FUNDS $ 2,950,095.22 Payroll Summary Net Payroll 1,425,283.96 Employee Deductions 853,877.51 Gross Payroll 2,279,161.47 City of Pasco Contributions 670,933.75 Total Payroll $ 2,950,095.22 3(b).2 TO: City FROM: Gary November 19, 2012 Manager Workshop Mtg.: 11/26/12 Regular Mtg.: 12/3/12 SUBJECT: Interlocal Agreement for Emergency Management Services I. REFERENCE(S): 1. Proposed Interlocal Agreement 2. 2013 Schedule of Local Assessments II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/26 Discussion 12/3: MOTION: I move to approve the Interlocal Agreement for Emergency Management Services and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Approximately $8,000 annually IV. HISTORY AND FACTS BRIEF: A) State Law (RCW 38.52) requires all cities and counties in the state of Washington to establish a local emergency management program so as to assure that all citizens are afforded the prescribed level of emergency preparation at the local level. RCW 39.34 ( Interlocal Cooperation Act) further authorizes cities and counties to jointly exercise their responsibilities through an interlocal agreement. Franklin County and the four municipalities within the county (Pasco, Mesa, Connell and Kahlotus) entered into an interlocal agreement in the late 1980s to create the Franklin County Emergency Management Agency. That agreement has been updated several times over the course of the past 20+ years and the current agreement expires at the end of 2012. B) The proposed agreement has been updated but will continue the existing agency in the same fashion it has existed for the past 20 years. The financial provision (Section 9) remains the same; that portion of the operating budget not covered by grants from state or other agencies must be provided by the participating jurisdictions based on their respective share of the county -wide population. This means Pasco pays nearly 80% of the local assessment for the operating budget. V. DISCUSSION: A) The proposed agreement is essentially the same as the expiring agreement and will extend the agency through December 2020. The city would likely spend more than $8,000 annually if it were to operate its own emergency management function. Staff recommends Council approval of the interlocal agreement. 3(c) FRANKLIN COUNTY EMERGENCY MANAGEMENT 502 Boeing Street Pasco, WA 99301 (509) 545 -3546 Fax: (509) 545 -2139 January 2013 — December 2020 THIS AGREEMENT, made and entered into by and between the COUNTY OF FRANKLIN, a political subdivision of the state of Washington, and CITY OF PASCO, CITY OF MESA, CITY OF CONNELL, and the CITY OF KAHLOTUS, all incorporated municipalities of the State of Washington. WHEREAS, RCW 38.52.070, EMERGENCY MANAGEMENT ACT, authorizes and directs each political subdivision of this state to establish a local organization for emergency management in accordance with the State Emergency Management Plan and Program and, specifically permits the General of the State Military Department to authorize two or more entities to join together in the establishment and operation of a local organization for emergency management; and, WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this state through the execution of an interlocal cooperative agreement as authorized pursuant to RCW 38.52.091; and, WHEREAS, the Board of County Commissioners of Franklin County and the incorporated municipalities of Pasco, Mesa, Connell, and Kahlotus desire to join together to establish and operate a program to mitigate, prepare for, respond to, and recover from, disasters and other extraordinary emergencies, both natural and human caused; NOW, THEREFORE, in consideration of the promises and agreements herein contained, and subject to terms and conditions hereinafter set forth, it is mutually understood and agreed by the parties signatory to this Agreement as follows: Section 1. Definitions. The following terms when used herein are defined as follows: A. "Agency" refers to Franklin County Emergency Management. B. "Board" refers to the Board of Directors of Franklin County Emergency Management. C. "County" refers to the County of Franklin. D. "Director" refers to the Director of Franklin County Emergency Management. Page 1 of 13 E. "Emergency or Disaster" shall mean an event or set of circumstances which: (a) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (b) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010. F. "Emergency Management' refers to the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from emergencies or damage, resulting from disasters caused by all hazards, whether natural or man-made, and to provide support to search and rescue operations for persons or property in distress. However, "emergency management' does not mean preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack. G. "Hazard" is a dangerous event or circumstance which has the potential to escalate into an emergency or a disaster. H. "Incorporated Municipalities" refers to the cities of Pasco, Mesa, Connell, and Kahlotus. Section 2. Purpose. As a result of existing increasing possible occurrences of disasters, and in order to ensure jointly shared capacity to respond to such emergencies within Franklin County, the purpose of this Agreement is to create an emergency management agency and establish the rights and responsibilities of its members. Section 3. Agency Established. A. The Agency hereby established by this Agreement is to be comprised of the County and the Incorporated Municipalities and shall be designated The Franklin County Emergency Management Agency as defined in RCW 38.52.005. B. The Agency shall commence its existence upon the approval of this agreement by appropriate ordinance or resolution adopted by the Board of Franklin County Commissioners and the Councils of the Incorporated Municipalities, subject to the approval of the State Emergency Management Division. C. Any incorporated city or town within the county may become a participating member of this agency upon the adoption of the resolution by its council to that effect, its Agreement to the provisions hereof, and the deposit with the Director of Franklin County Emergency Management, a copy of this Agreement duly executed by such city or town. Section 4. Powers and Responsibilities of the Agency. In accordance with RCW 38.52.070, the agency is designated as the local organization for emergency management for the incorporated municipalities, and shall: Page 2 of 13 A. Operate and have emergency powers as authorized by RCW 38.52.070 and exercise disaster control and coordination through the agency office or through the Emergency Operations Center. B. Provide service, equipment, and personnel to the member jurisdictions to assist them with emergency management functions. C. Provide an emergency management organization to coordinate organizational activities and to minimize death, injury, and damages during natural disasters or man -made disasters. D. Coordinate local emergency service planning with the federal government, State of Washington, neighboring counties and states, military organizations, and other support networks. E. Provide for the effective utilization of resources within or from outside the Incorporated Municipalities to minimize the effects of disaster and to request assistance as needed through established emergency service avenues, county to state, state to region, region to national levels. F. Seek compensation coverage for volunteers who suffer injury or equipment loss or damage as a result of emergency service duty. G. Establish and maintain training and public information programs. H. Identify and develop capability and protection for the population to monitor and decontaminate the effects of radioactivity. I. Develop a system for warning and providing information and instruction to the general public. J. Perform routine office procedures, correspondence, and inventory. K. Retain and maintain such books, records, documents and other evidence and accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs expended in the performance of this Agreement subject to reasonable inspection, review, or audit by any of the parties hereto, or the Office of the State Auditor, and shall promptly provide copies of such records which are not exempt or priviledge as requested under the Public Records Act. Section 5. Board of Directors. A. Board of Directors is created to directly govern the Agency for the executive heads of the Incorporated Municipalities signatory to this Agreement and to establish policies and to do all things necessary to insure efficient and functional operation thereof. B. The Board of Directors shall consist of seven (7) members as follows: Page 3 of 13 1. The executive head of the County of Franklin or his or her officially designated representative. 2. One appointee by the executive head of the County of Franklin or his or her officially designated representative. 3. The mayor of the City of Pasco or his or her officially designated representative. 4. One appointee by the executive head of the City of Pasco or his or her officially designated representative. 5. The executive head of the City of Mesa or his or her officially designated representative. 6. The executive head of the City of Connell or his or her officially designated representative. 7. The executive head of the City of Kahlotus or his or her officially designated representative. The Director of the Agency shall be the ex- officio, nonvoting member of the Board C. The Board shall follow the approved By -laws of the Agency. Section 6. Powers and Responsibilities of the Director. A. Subject to the direction and control of the Board, the Director shall have direct responsibility for the day to day development, operation, and management of the Agency, including, but not limited to: 1. Implementation of policies, programs, and directives of the Board. 2. Issuance of recommendations and reports to the Board as deemed necessary by the Board. 3. Representation of Agency programs on behalf of the Board in dealings with public and/or private organizations pertaining to emergency services and disasters. 4. Recruitment, development, and training of employees and volunteers in the coordination, advancement, and exercising of an overall Agency effort for the purposes of this Agreement. 5. Maintaining of the Franklin County Comprehensive Emergency Management Plan for the County and its Incorporated Municipalities which conforms to the State Comprehensive Emergency Management Plan and Program. Page 4 of 13 6. Preparation and submittal to the Board of an annual budget and work program for the Agency. B. In the event of a disaster as defined by RCW 38.52.010(6) or as declared by the Governor of the State of Washington as provided by law, the Director shall be empowered, with the concurrence of the Board: 1. To make and issue regulations and rules on matters reasonably related to the immediate protection of life and property as affected by such disaster, provided, however, such rules and regulations shall be confirmed by the Board at the earliest practicable time. 2. To obtain vital supplies, equipment, and such other properties found to be lacking and necessary for the protection of life and property, and to bind the Agency for the fair value thereof, and, if required immediately to commandeer the same for public use in accordance with law. 3. To acquire emergency services of any officer or employee of the parties signatory to this Agreement, to requisition necessary personnel or material of any County department or agency with concurrence of the Chair of the Board of Franklin County Commissioners or of any city department or agency with concurrence of the Mayor of such city, to command the aid of as many citizens of Franklin County as deemed necessary in the execution of the Director's duties, such persons to be entitled to all privileges, benefits, and immunities provided by State law for registered emergency workers. 4. To execute the special powers conferred upon the Director by this Agreement, or by resolution adopted pursuant hereto, or conferred upon the Director by statute, or by agreements approved by the Board, or other lawful authorities. Section 7. Fund Establishment, A. There is hereby created and established a special pooled fund designated the "Franklin County Emergency Management Fund ". It is agreed upon by the parties signatory to this Agreement that said fund shall be administered by the Treasurer of Franklin County. Any and all unexpended Agency monies at year end shall be carried forward into the following fiscal year budget. B. All monies collected and received on account of the Agency, including financial contributions by the parties' signatory to this Agreement in accordance herewith, shall be deposited into said fund. C. The Director of the Agency shall authorize expenditures from said fund in accordance with the Director's Extent of Administrative Authority approved by the Board. Page 5 of 13 Section 8. Budgets. A. Fiscal year budgets for the Agency shall be prepared by the Director not later than October 30, for the following year, subject to approval by the Board. B. Budgets shall not be approved at any meetings of the Board without at least fourteen (14) days notice thereof to members of the Board. C. Approval shall be by a simple majority of the voting members of the Board. Section 9. Funding. A. Deficit portions of Board approved Agency budgets not funded by grants or gifts shall be funded by contributions paid by the parties' signatory to this Agreement. B. The contribution amounts shall be reviewed yearly by the Board for inclusion into the annual budgets of the parties' signatory to this Agreement and shall be calculated by the following formula: POPULATION OF INCORPORATED MUNICIPALITY DIVIDED BY = % OF DEFICIT PORTIONS TOTAL COUNTY POPULATION FUNDED BY SIGNATORIES C. In the event of an emergency which results in costs to the agency above and beyond the normal, budgeted expenses for operation and administration, such excess costs shall be borne by the party or parties affected by the emergency and promptly remitted to the Agency fund, provided, that the Director of the agency shall obtain approval of the affected parties at the earliest opportunity. If in any case, the Board is unable to agree upon the proper contributions of the parties signatory to this Agreement for the cost of emergency management, the question of such decision shall be referred to the State Emergency Management Council for arbitration and the decision of that Council shall be final and binding upon the parties signatory to this Agreement. Section 10. Property, A. For the purposes of this Agreement, both monies and property shall be considered a part of the agency fund. B. The Director of the Agency shall maintain the custody and control of all property and equipment acquired by or loaned to the Agency fund. C. The ownership of all property, equipment, or monies acquired by or through the Agency fund on or after the execution of this Agreement shall be shared by the parties' signatory to this Agreement in proportion to the financial and contributed service value of each party in the year of acquisition of such property, equipment, or monies. Page 6 of 13 D. The ownership of property or equipment loaned or contributed for use by the Agency by any party signatory to this Agreement shall remain the property of the loaning or contributing party. E. In the event that any party signatory to this Agreement withdraws from this Agreement prior to its termination as provided herein, any property or equipment loaned or contributed by such party shall be returned to such party within ninety (90) days following the date of such party's withdrawal. Section 11. Rights and Liabilities. Whenever an employee of any of the parties of this Agreement is rendering aid outside his/her jurisdictional territory pursuant to this Agreement, such employee shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties within the jurisdiction of their employment. For any political jurisdiction within which any equipment as provided under this Agreement is used in response to emergency, that jurisdiction shall be liable for any loss or damage to such equipment and shall pay any expense incurred in the operation and maintenance thereof. No claim for such loss, damage, or expense shall be allowed, unless within sixty (60) days after the damage or expense is sustained or incurred, an itemized notice of such claim, under oath, is served by mail or otherwise upon the executive head of such political jurisdiction in which the equipment was used. Section 12. Hold Harmless and Indemnification. Except in those situations where the parties have statutory or common -law immunity, or those governed by RCW 38.52.190 through RCW 38.52.260, each party shall defend, indemnify and hold harmless the others from liability or any claim, demand, or suit arising from that party's participation under the terms of this Agreement because of said party's negligent actions or omissions. Each party shall promptly notify the other in the event of such a claim. Section 13, Dispute Resolution. In the event a dispute arises among, or between any of the parties regarding enforcement, breach, or interpretation of this Agreement, the Director of the Agency established under Section 3 shall meet with the executive head of the jurisdiction in dispute, in a good faith effort to resolve the dispute, with or without agreed mediation. All disputes other than those required to be arbitrated before the State Director as required by RCW 38.52, shall be resolved by binding arbitration pursuant to RCW 7.04A, with venue being placed in Pasco, Franklin County, Washington; and the arbitrator shall award to the substantially prevailing party, judgment for its attorney fees and costs against the other. In the event of a de novo review, all parties waive their right to a jury trial. Page 7 of 13 Section 14. Interlocal Agreement Provisions. This Agreement is entered into pursuant to RCW 39.34 as an interlocal cooperation agreement. This Agreement shall be filed with the Franklin County Auditor or placed on any participating agency's website or other electronically retrievable public source. Section 15. Compensation Board Established. A Compensation Board if required, shall be established, meet, and perform such duties in the manner authorized and required by RCW 38.52.210 -280. Section 16. Term. This Agreement shall commence upon execution by all the parties, and shall terminate at midnight on the thirty -first day of December, 2020. Section 17. Withdrawal. Any party signatory hereto may withdraw from this Agreement effective December 31, of any year by providing written notice to the Board at least 6 months prior to the planned termination date. Section 18. Amendments. This Agreement may be amended only by a written agreement signed by all parties hereto. Section 19. Waiver. Failure by either party at any time to require performance by any party to this Agreement, or to claim a breach of any provision of this Agreement, shall not be construed as affecting any subsequent breach or the right to require performance or affect the ability to claim a breach with respect thereto. Section 20. Severability. If any portion of this Agreement or its application to any person, place, or circumstance is held invalid, the remainder or application to other persons or circumstances shall not be affected. Page 8 of 13 COUNTY OF FRANKLIN County Commissioner County Commissioner County Commissioner ATTEST: County Clerk to the Board Approved As To Form: Prosecuting Attorney, Deputy Page 9 of 13 CITY OF PASCO Mayor ATTEST: City Clerk Approved As To Form: City Attorney Page 10 of 13 CITY OF CONNELL ATTEST: Mayor City Clerk Approved As To Form: City Attorney Page 11 of 13 CITY OF MESA Mayor ATTEST: City Clerk Approved As To Form: City Attorney Page 12 of 13 CITY OF KAHLOTUS ATTEST: Mayor City Clerk Approved As To Form: City Attorney Page 13 of 13 * FRANKLIN COUNTY EMERGENCY MANAGEMENT 502 Boeing Street Pasco, WA 99301 (509) 545 -3546 Fax: (509) 545 -2139 September 4. 2012 MEMORANDUM TO: Franklin County Emergency Management Board FROM: Franklin County Emergency Management (FCEM) SUBJECT: 2013 Local Jurisdiction Assessment 2013 Local Jurisdiction Assessment Jurisdiction Population* % 2013 A ESSME T MINUS MATCH 2013 NET ASSESSMENT $20,719.09 $10,200.00 $10,519.09 Pasco 62,670 75.96% $15,738.97 $7,748.29 $7,990.68 Franklin County 13,820 16.75% $3,470.76 $1,708.65 $1,762.11 Connell 5,320 6.45% $1,336.07 $657.75 $678.32 Mesa 495 0.60% $124.31 $61.20 $63.11 Kahlotus 195 1 0.24% 1 $48.97 1 $24.11 1 $24.86 TOTALS: 1 82,500 1 100% 1 $20,719.09 1 $10,200.00 1 $10,519.09 68,680 Incorporated population for the cities 13,820 Unincorporated population for the county 82,500 Total estimated Franklin County Population for 2012 * Population data was taken from the State of Washington, Office of Financial Management's April 1 Population report for 2012 * Does not include expenses incurred for the MCC in 2012 GaFOEM sessment12013120134U,isdialon- Assessment 91412012 AGENDA REPORT TO: City Council". FROM: Gary Crutchfield Manager SUBJECT: Federal Legislative Consulting Agreement I. REFERENCE(S): Proposed Agreement November 20, 2012 Workshop Mtg.: 11/26/12 Regular Mtg.: 12/3/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/26: Discussion 12/3: MOTION: I move to approve the agreement with Gordon Thomas Honeywell Governmental Affairs for federal legislative consultant services and, further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: $60,000 annually IV. HISTORY AND FACTS BRIEF: A) The city has contracted with the consulting firm of Gordon Thomas Honeywell (GTH) for legislative assistance at the state level for several years. In early 2009, the city entered into a separate agreement with the Washington DC division of GTH to provide for legislative consulting services specifically geared to federal funding for the Lewis Street Overpass Project. B) The agreement with the Washington DC office will expire on 12/31/12 and a new agreement is needed to sustain the consulting effort on the city's behalf in Washington DC. V. DISCUSSION: A) The proposed agreement is identical to the prior agreements, except for the dates. The scope of work, as identified in the attachment to the agreement, still focuses on funding for construction of the Lewis Street Overpass project but also includes lowering Pasco Levee 12 -2 as the final link in the Sacajawea Heritage River Trail. B) The expense of the contract remains at $5,000 monthly ($60,000 annually). The assistance of the consultant was beneficial in 2009 through Representative Hastings' effort to obtain a $750,000 allocation for the project in the 2010 federal budget. It is also critical to work with other legislative offices to assure the best opportunity to have Pasco's projects included in new federal funding bills expected sometime within the next 18 months. C) In view of the substantial financial benefit for this particular project, staff recommends the agreement continue for another year. 3(d) CONSULTING AGREEMENT GORDON THOMAS HONEYWELL & CITY OF PASCO This Agreement is entered into by and between City of Pasco and any other party hereto, as is identified in the consultant's signature block below (hereinafter referred to as "Consultant "), upon the following terms and conditions: A. Scope of Work. Consultant will advise and assist the City of Pasco in accordance with Consultant's Scope of Work, described in Attachment "A" hereto and incorporated herein, and Consultant will do and produce such other things as are set forth in the Scope of Work (the "Services "). Consultant's Services will be in compliance with applicable laws, regulations, rules, orders, licenses and permits, now or hereinafter in effect, and Consultant shall furnish such documents as may be required to effect or evidence such compliance. B. Compensation; Expenses. The City of Pasco will pay Consultant for satisfactorily rendered Services in accordance with the specific terms set forth in Attachment "A." C. Invoices; Payment. Consultant will furnish the City of Pasco invoices at regular intervals, as set forth in Attachment "A." D. Term. Consultant shall promptly begin the Services hereunder on the date set forth in Attachment "A" and shall terminate same on the date set forth in Attachment "A." The City or Consultant may terminate Consultant services for convenience at any time prior to the termination date set forth in Attachment "A," provided that the terminating party provides 30 -days written notice to the other party. E. Ownership of Work Product. The product of all work performed under this agreement, including reports, and other related materials shall be the property of the City of Pasco or its nominees, and the City of Pasco or its nominees shall have the sole right to use, sell, license, publish or otherwise disseminate or transfer rights in such work product. G. Independent Contractor. Consultant is an independent contractor and nothing contained herein shall be deemed to make Consultant an employee of the City of Pasco, or to empower Consultant to bind or obligate the City of Pasco in any way. Consultant is solely responsible for paying all of Consultant's own tax obligations, as well as those due for any employee /subcontractor permitted to work for Consultant hereunder. H. Release of Claims; Indemnity. Consultant hereby releases, and shall defend, indemnify and hold harmless the City of Pasco from and against all claims, liabilities, damages and costs arising directly or indirectly out of, or related to, Consultant's fault, negligence, strict liability or produce liability of Consultant, and/or that of any permitted employee or subcontract or Consultant, pertaining to the Services hereunder. I. Assignment. Consultant's rights and obligations hereunder shall not be assigned or transferred without the City of Pasco's prior written consent; subject thereto, this Agreement shall be binding upon and inure to the benefit of the parties' heirs and successors. J. Governing Law; Severability. This Agreement shall be governed by the laws of the State of Washington, U.S.A. (excluding conflict of laws provisions). If any term or provision of this Agreement is determined to be legally invalid or unenforceable by a court with lawful jurisdiction hereover (excluding arbitrators), such term or provision shall not affect the validity or enforceability of any remaining terms or provisions of this Agreement, and the court shall, so far as possible, construe the invalid portion to implement the original intent thereof. K. Arbitration. Any dispute between the parties related to or arising out of the subject matter of this Agreement shall be resolved exclusively through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in Washington State. L. Entire Agreement; Etc. This Agreement, and its incorporated attachments hereto, state the entire agreement between the parties regarding the subject matter hereof and supersede any prior agreements or understandings pertaining thereto. Any modification to this Agreement must be made in writing and signed by authorized representatives of both parties. Any provision hereof which may be reasonably deemed to survive the expiration or termination of this Agreement shall so survive, and remain in continuing effect. No delay or failure in exercising any right hereunder shall be deemed to constitute a waiver of any right granted hereunder or at law by either party. CONSULTANT: CITY OF PASCO Gordon Thomas Honeywell Governmental Affairs Sign: Print: Tim Schellberg Title: President Sign: Print: Gary Crutchfield Title: City Manager Date: Federal Consulting Agreement Gordon Thomas Honeywell & City of Pasco Page 2 of 3 ATTACHMENT "A" TO CONSULTING AGREEMENT GORDON THOMAS HONEYWELL & CITY OF PASCO A. Scope of Work: Consultant shall provide the City of Pasco with the following federal governmental affairs services: • Identify and track all federal grants and initiatives that are available to the City of Pasco that impact funding for the Lewis Street Overpass Project. • Lobby the Washington State Congressional delegation and other federal officials as necessary to pursue federal grants and initiatives, including various federal infrastructure packages: 1) for a road and/or bridge project related to the Lewis Street Overpass Project; 2) authorization and potential funding for lowering Pasco Levee 12 -2 as the final link in the Sacajawea Heritage River Trail in the Tri- Cities. • Identify, track and lobby for federal grants and initiatives that benefit the City of Pasco. • Work with the City's state legislative consultant to identify, track and lobby for joint state and federal initiatives, grants and programs that could benefit the City. • Work as a liaison between the City of Pasco and federal officials, Members of Congress, congressional staff and Administration representatives to impact issues and projects important to the City. • Organize meetings for City of Pasco officials, local community leaders and business leaders to support the congressional requests and provide the City of Pasco with periodic reports and updates on effort, status and progress. • Periodically meet in- person with City of Pasco officials to discuss issues, projects and the status of the City's federal program. B. Compensation/Expenses: The City of Pasco shall pay Consultant a monthly fee of $5,000 for the services listed above. Consultant shall only bill communication expenses. The expenses shall not exceed $2,500 for the term of the contract. C. Invoices/Payments: (a) Consultant shall furnish the City of Pasco with invoices for services performed on a monthly basis, and (b) the City of Pasco shall pay each of Consultant's invoices within thirty (30) days after the City's receipt and verification of invoice. D. Term of Agreement: Consultant's services shall commence on January 1, 2013 and shall terminate on December 31, 2013. Federal Consulting Agreement Gordon Thomas Honeywell & City of Pasco Page 3 of 3 AGENDA REPORT FOR: City Council` / NOVEMBER 16, 2012 TO: Gary Crutchfi Manager Workshop Mtg.: November 26, 2012 Regular Mtg.: December 3, 2012 FROM: Rick Terway, Director, Administr ve & Community Services SUBJECT: Disposal of Police Seizure /Forfeiture Vehicles I. REFERENCE(S): 1. Memo from Chief Metzger 2. Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/26: Discussion 12/3: MOTION: I move to approve Resolution No. L; authorizing the sale of Police Department seizure /forfeiture vehicles considered surplus to City needs. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The Police Department has acquired I 1 seized vehicles through Affidavits in Support of Default Judgment and Order of Forfeiture and has determined the vehicles to be surplus to City needs. B) Because of the age and/or condition of these vehicles, there is no blue book value available. Salvage value is $300.00 per vehicle. Staff requests Council declare the vehicles surplus to City needs and authorize staff to sell at auction. C) Staff proposes to have the auction consigned to H.A. Rowell Auctioneers, with a minimum bid of $300.00 each vehicle. A 25% commission is charged on the gross proceeds with no cost for transporting the items to auction or advertisement thereof. V. DISCUSSION: A) Staff recommends approval of the proposed resolution. 3(e) MEMORANDUM TO: Debbie Clark, City Clerk FROM: Bob Metzger, Police Chief RE: Seizure /Forfeited Vehicles DATE: 11/20/2012 Here is a list of cars that have been seized and forfeited to the city. These vehicles are in poor condition, not drivable and value is difficult to determine. We contacted a local salvage yard for an estimated value on each vehicle as salvage. He would take the vehicles for $300 each, for a total of $3,300. I would request that you forward these on to council and have them determined excess inventory and have them sold as per law. Model 1995 Pontiac Firebird 1977 Pontiac Firebird 2D 1985 Oldsmobile Cutlass 1992 Nissan Regular Cab 1993 Honda Civic 1979 Cadillac Deville 1999 Infiniti Q45 1983 Buick Regal 1992 Chevy Caprice 2000 Daewoo Leganza 1992 Honda Civic Thank you, Robert Metzger Chief of Police Vin # Vin# 2G2FVPXS2236128 Vin #2W87Z7N240765 Vin #1 G3 GM47AXFH307811 Vin #1N6SD11 SINC325889 Vin #2HGEH33 88PH504319 Vin #6D47S9C379803 Vin #JNKBY31 A8XM60623 7 Vin# 1 G4AM4748DH870176 Vin #1 GBL53EONW 144777 Vin #KLAVB6927YB286296 Vin# 1 HGED3 5 51 KA050906 RESOLUTION NO. 3- 143 A RESOLUTION authorizing the sale of Police Department seizure /forfeiture vehicles considered surplus to City needs. WHEREAS, there are seizure /forfeiture vehicles acquired by the Pasco Police Department that are surplus to City needs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: The seizure /forfeiture vehicles listed are declared surplus property: Model 1995 Pontiac Firebird 1977 Pontiac Firebird 2D 1985 Oldsmobile Cutlass 1992 Nissan Regular Cab 1993 Honda Civic 1979 Cadillac Deville 1999 Infiniti Q45 1983 Buick Regal 1992 Chevy Caprice 2000 Daewoo Leganza 1992 Honda Civic Vin # Vin# 2G2FVPXS2236128 Vin #2W87Z7N240765 Vin #1 G3GM47AXFH307811 Vin #1N6SD I 1 S INC325889 Vin #2HGEH3388PH504319 Vin #6D47S9C379803 Vin #JNKBY31 A8XM606237 Vin #1 G4AM4748DH870176 Vin #1 GBL53EONW 144777 Vin #KLAVB6927YB286296 Vin #1 HGED3 551 KA050906 SECTION 2: City staff is hereby authorized to dispose of said surplus property at auction for a price that is in the best interest of the City. PASSED by the City Council of the City of Pasco this day of . 2012. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Counci November 27, 2012 F TO: Gary Crutch 1 . Manager Regular Mtg.: 12/3/12 Rick White, t Community & Lconomic Development Director/ WI FROM: David 1. McDonald, City Planner K/ SUBJECT: Right -of -Way Dedication for a Portion of W Court Street (MF# DEED 2012 - 01 I. REFERENCE(S): 1. Overview Map 2. Vicinity Map 3. Right -of- -Way Dedication Deed 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/3: MOTION: I move to accept the deed from Moore's Real Estate Investments, LLC for a portion of right -of -way for West Court Street, III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A) The owners of Moore's Real Estate Investments are in the process of building a storage facility at 6509 West Court Street. The property involved with this development has not provided all the necessary right -of -way for West Court Street. The Court Street right -of -way between 66"' Place and Road 64 is only 72 feet in width. Arterial streets such as Court Street are typically 80 feet wide. An additional 4 feet is needed on the north and south sides of Court Street for right - of -way purposes. B) The proposed storage facility is located on the north side of Court Street and is located in the County. Court Street is part of the City. During the County special permit approval process, a condition was placed on the project requiring the dedication of 4 feet for additional Court Street right -of -way. Because Court Street is in the City, the County preferred the right -of -way be dedicated to the City. The County has worked cooperatively with the City in the past where right -of -way has been needed for a City street and the benefiting property has been in the County. A recent example of this cooperation can be found on Road 60 north of Sandifur Parkway where County residents provided right -of -way to the City to enable improvements to be completed in Road 60. Again, in this case the developer, Moore's Real Estate Investments has provided the City with a dedication deed for the needed right -of -way. 3(f) After Recordine, Return To: City of Pasco, Washington Attn: City Planner 525 North 3`d Pasco, WA 99301 DEDICATION DEED Tax Parcel No, 118602049 THE GRANTOR(S), Moore's Real Estate-Investments. LLC by donation pursuant to RCW 35A.79.010. dedicate, convey and quit claim to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington, for the public use, as a public right -of -way and all interest in the land described as follows: The south 4 feet of the following described parcel: The West one -half of the Southeast quarter of the Southwest quarter of the Southwest quarter of Section 22, Township 9 North, Range 29 East, W.M., except the West 88 feet of the South 315 feet thereof, and except the East 12 feet of the West 100 feet of the South 315 feet thereof, and except the South 36 feet for Court Street, Records of Franklin County, Washington. DATED this day of Alp ✓E1n& QA 2012, rGRANTOR(S) v Wner(S Dedication Deed - i STATE OF WASHINGTON ) ss. County of Franklin an.,`Qil �'S •,a' ^*''dam% ;ie On this ern day of NDVtrhdc(L 2012, before me, the undersigped, du�lyy colnm�ses ned and sworn, personally appeared Me- ling4k P1/c. , o`me nown to be the individual(s) described above and who executed the within and foregoing instrument as an agent of the owner(s) of record, and acknowledged to me that he sh they signed the same as hist /their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that b sh theyiiare authorized to execute the said instrument. GIVEN under by hand and official seal this / b day of cam( a- Print Name: -S e :t- NOTARY PUBLIC in and forthe State of Washington Residing at: t-r . le I i e\ My Commission Expires: / Dedication Deed - 2 a' lom sit'* FOR: City Council TO: Gary Crutchfi Rick Terway, AGENDA REPORT Community Services Director FROM: Dunyele Mason: Financial Services Manage November 26, 2012 Regular Meeting: 12/3/12 SUBJECT: 2013 ANNUAL OPERATING AND CAPITAL PROJECTS BUDGETS I. REFERENCE(S): A) Proposed 2013 Annual Operating Budget Ordinance B) Proposed 2013 Capital Projects Budget Ordinance II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATION: 12/3: CONDUCT A PUBLIC HEARING MOTION: I move for the first reading of Ordinance No. for consideration of the 2013 Annual Operating Budget. MOTION: I move for the first reading of Ordinance No. , for consideration of the 2013 Capital Projects Budget. III. FISCAL IMPACT: A) $1335414,930 - Annual Operating Budget B) $ 38,342,407 - Capital Projects Budget IV. HISTORY AND FACTS BRIEF: The 2013 Preliminary Budget was discussed at the Council workshop meeting held on November 13, 2012, General Fund Revenues and Expenditures were discussed as well as other operating fund budgets, and each City Department Head gave a briefing and answered questions regarding oversight of their respective operating and capital projects budgets. A copy of the 2013 Preliminary Budget document is available for review at the Pasco Public Library. The document is also available for viewing and printing from the City's internet site at www.pasco- wa.gov, under "Publications" and then clicking on "Financial Reports" and then clicking on "Budget." V. DISCUSSION: There were no changes made since the Council Workshop held on November 13, 2012. 7(a) ORDINANCE NO. AN ORDINANCE ADOPTING THE CITY OF PASCO OPERATING BUDGET FOR THE YEAR 2013. WHEREAS, subsequent to due notice and public hearing thereon, the City Council of the City of Pasco has approved an operating budget for the year 2013; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section One. The following budget containing the totals set forth for each fund for the year 2013 is hereby adopted FUND EXPENDITURE REVENUE GENERAL FUND $ 41,854,785 $ 41,854,785 CITY STREET FUND 2,188,857 2,188,857 ARTERIAL STREET FUND 11492,735 1,4922735 1 -182 CORRIDOR TRAFFIC IMPACT FUND 1,257,717 11257,717 STREET OVERLAY FUND 3,189,237 31189,237 COMMUNITY DEVELOPMENT GRANT FUND 1,582,373 1,582,373 M.L. KING JR. COMMUNITY CENTER FUND 192,089 192,089 AMBULANCE SERVICES FUND 32587,337 3,587,337 CITY VIEW CEMETERY FUND 310,690 310,690 BOULEVARD PERPETUAL MAINTENANCE FUND 1,387,622 1,387,622 ATHLETIC PROGRAM FUND 277,934 277,934 GOLF COURSE 11773,208 1,773,208 SENIOR CENTER OPERATING FUND 312,608 312,608 MULTI -MODAL FACILITY FUND 135,406 135,406 SCHOOL IMPACT FEES 300,200 300,200 RIVERSHORE TRAIL & MARINA MAINTENANCE FUND 22,509 22,509 SPECIAL LODGING ASSESSMENT FUND 168,971 168,971 LITTER ABATEMENT FUND 21,111 21,111 REVOLVING ABATEMENT FUND 310,460 3102460 TRAC DEVELOPMENT & OPERATING FUND 379,705 379,705 PARK DEVELOPMENT FUND 11899,950 11899,950 CAPITAL IMPROVEMENTS FUND 2,878,123 2,878,123 ECONOMIC & INDUSTRIAL DEVELOPMENT FUND 991,451 991,451 STADIUM / CONVENTION CENTER FUND 366,223 366,223 LID DEBT SERVICE FUND 2,126,977 21126,977 G.O. BOND DEBT SERVICE FUND 855,570 855,570 GENERAL CAPITAL PROJECTS 7,914,552 71914,552 WATER / SEWER UTILITY FUND 37,580,556 37,580,556 EQUIPMENT RENTAL OPERATIONS FUND - GOVERNMENT TYPE - 11109,794 1,109,794 EQUIPMENT RENTAL OPERATIONS FUND- PROPRIETARY TYPE 532,602 532,602 EQUIPMENT RENTAL REPLACEMENT FUND - GOVERNMENT TYPE 4,851,911 4,851,911 EQUIPMENT RENTAL REPLACEMENT FUND - PROPRIETARY TYPE 2,369,236 2,369,236 MEDICAL / DENTAL INSURANCE FUND 5,083,361 5,083,361 CENTRAL STORES FUND 13,241 13,241 CITY VIEW CEMETERY ENDOWMENT 430,635 430,635 OLD FIRE MEDICAL (OPEB) 1,948,285 1,948,285 OLD FIREMEN'S PENSION TRUST FUND 1,716,909 11716,909 GRAND TOTAL ALL FUNDS $ 133,414,930 $ 133,414,930 Section Two. This Ordinance shall be in full force and effect on January 1, 2013. PASSED by the City Council of the City of Pasco this 17th day of December, 2012. ATTEST: Debra L. Clark, City Clerk Approved as to Form: Matt Watkins, Mayor Leland B. Kerr, City Attorney ORDINANCE NO. AN ORDINANCE ADOPTING THE CITY OF PASCO CAPITAL PROJECTS BUDGET FOR THE YEAR 2013 WHEREAS, subsequent to due notice and public hearing thereon, the City Council for the City of Pasco has approved the following capital Project Budget for the year 2013; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section One: That the capital projects are hereby authorized as detailed. The following schedule summarizes newly authorized projects as well as continuing projects and constitutes the Capital Projects Budget. The Budget is adopted at the cumulative project level. Status Proiect Title New General Projects (2012) Continuing Fire Alterting Systems 2012 Supp New Muni Courthouse Continuing Financial System - HR & Payroll Continuing Financial System - Financials Continuing Financial System - Utility & Proj Acctg - 223,030 Total General (2012) 3,245,092 General Proiects (New 20131 2013 New City Hall Cooling Tower Replacement - 194,560 Total General (2013) 850,907 Park & Facilities (2012 Continued) Continuing Animal Shelter Facility - - Total Parks & Facilities (2012) Park & Facilities (New 20131 2013 New 30 Acre Park 2013 New Replace Kurtzman Pool 2013 New Memorial Playground Equipment 2013 New Replace Richardson Pool Total Parks (2013) Street Construction (2012 Continued) Continuing Lewis St Overpass Continuing 4th Ave Corridor- North Segment Continuing 4th Ave South Street Improve Continuing Road 68 Improvements (Phase II) Continuing Oregon Ave (SR397) - Entrance (Ph 2 Intersection) 2012 Supp New Oregon Ave (SR397) - Phase 1 2012 Supp New Oregon Ave (SR397) - Phase 2 Continuing Powerline Road Continuing Road 68 Widening - South of 1 -182 2012 Supp New Argent Road (Road 44 to 20th Ave) 2012 Supp New St Ignatius Street 2012 Supp New LID #149 Kurtzman - STREETS Continuing Alley Hard Surfacing (Chip Sealing) Continuing 2011 STP Grant Overlays 2012 Supp New 4th Ave Block Wall 2012 Supp New ADA Access Handicap Ramp Retrofit 2012 Supp New Interconnect Road 68 Signals Total Street Construction (2012) Street Construction (New 2013) 2013 New Lewis St One Way Couplets 2013 New Rd 100 Widening Ph I - Sidewalk Extension Total Street Construction (2013) Water Construction (Continued 2012) Continuing Columbia Water Supply Project Continuing 2011 Filtrat Plant Improv (Storage Bldg) Continuing Water Fill Station 2012 Supp New Broadmoor Transmission Waterline CIP Budget Increase New CIP Budget 2012 IDecrease) Pro ec 2013 70,000 30,000 - 100,000 - 3,105,292 - 3,105,292 170,120 - - 170,120 197,940 - - 197,940 113,230 109,800 - 223,030 551,290 3,245,092 3,796,382 220,000 220,000 220,000 220,000 203,000 203,000 203,000 203,000 - - 360,000 360,000 - - 250,000 250,000 - - 70,000 70,000 o,uuu o,uuv 685,000 685,000 6,359,438 (5880495) - 5,770,943 470,140 278,710 - 748,850 1,200,000 157,126 - 1,357,126 454,200 212,763 - 666,963 220,000 (132,960) - 87,040 - 230,400 - 230,400 - 194,560 - 194,560 65,000 850,907 - 915,907 80,000 (80,000) - - - 2,500,000 - 2,500,000 - 105,300 - 105,300 - 758,799 - 758,799 80,000 80,000 - 160,000 980,000 136,152 - 1,116,152 - 30,000 - 30,000 - 182,240 - 182,240 200,000 200,000 9,908,778 5,115,502 15,024,280 215,600 215,600 233,600 233,600 579,000 (7,727) - 571,273 100,000 5,300 - 105,300 200,000 (95,096) - 104,904 - 1,188,800 - 1,188,800 Status Project Title Continuing Water Line Replace - Rd 56 (Court & Sylvester) (Decrease\ Total Water Construction (2012) 204,000 Water Construction (New 2013) 2013 New Annual Water Line Upsize Match 2013 New 2013 -2017 Butterfield Plant 2013 New East Side Booster Station Upgrade (BS 2.1) 2013 New 2013 Meter Replace & Cross Connect 2013 New Com'I /US 12 11-ewis St Water Line Total Water Construction (2013) Sewer Construction (2012 Continued) Continuing Lift Station - Commercial & Kahlotus Hwy 2012 Supp New Commercial & Kahlotus Swr Ext - South Continuing NW Common Lift Stations ' 2012 Supp New Road 44 Sewer Odor Control Continuing 2012 Annual Sewer Re- Lining - 5th Ave Total Sewer Construction (2012) Sewer Construction (New 20131 2013 New 2013 W WTP Imp - Screw Press 2013 New Riverview Pump Station 2013 New 2013 Annual Sewer Line Re- lining Program 2013 New 2013 Annual Sewer Line Extensions Total Sewer Construction (2013) PWRF Construction (2012 Continued) 2012 Supp New PWRF Plant Expansion, Phase 1 2012 Supp New PWRF Plant Expansion, Phase 2 Total PWRF Construction (2012) PWRF Construction (New 2013) 2013 New BOD Reduction and Storage, Phase 3 Total PWRF Construction (2013) Stormwater Construction (2012 Continued) 2012 Supp New LID#149 Kurtzman - STORM 2012 Supp New LID#_ Riverview Estate Stormwater Total Stormwater Const (2012) Irrigation Construction (2012 Continued) Continuing USBR firing Connection Continuing Well House - Linda Loviisa 2012 Supp New Linda Loviisa Well Rehabilitation Total Irrigation Construction (2012) Irrigation Construction (New 20131 2013 New 2013 Annual Irrigation Line Extensions Total Irrigation Construction (2013) TOTAL CIP BUDGET TOTAL 2012 CONTINUING TOTAL 2013 NEW TOTAL CIP BUDGET CIP Budget Increase New CIP Budget 2012 (Decrease\ Project 2013 204,000 1,600 205,600 1,083,000 1,092,877 2,175,877 - - 75,000 75,000 - - 1,200,000 1,200,000 - - 210,000 210,000 - - 150,000 150,000 507,000 507,000 2,142,000 2,142,000 1,100,000 271,990 - 1,371,990 - 1,727,609 - 1,727,609 71,000 (294) - 70,706 - 41,000 - 41,000 410,000 (195,000) 215,000 1,581,000 1,845,305 3,426,305 - - 1,685,000 1,685,000 - 50,000 50,000 - - 695,000 695,000 200,000 200,000 2,630,000 2,630,000 - 2,532,781 - 2,532,781 940,000 940,000 3,472,781 3,472,781 1,350.000 1 350 000 1,350,000 1,350,000 - 45,000 - 45,000 115,000 115,000 160,000 160,000 2,402,000 97,843 - 2,499,843 60,000 - - 60,000 163,339 163,339 2,462,000 261,182 2,723,182 100,000 100,000 100,000 100,000 15,789,068 15,192,739 7,360,600 38,342,407 15,789,068 15,192,739 - 30,981,807 7,360,600 7,360,600 15,789,068 15,192,739 7,360,600 38,342,407 Section Two: This Ordinance shall be in full force and effect on January 1, 2013 PASSED by the City Council of the City of Pasco this 17th day of December, 2012. ATTEST: DEBRA L. CLARK, CITY CLERK MATT WATKINS, MAYOR APPROVED AS TO FORM: LELAND B. KERR, CITY ATTORNEY AGENDA REPORT TO: City Council November 28, 2012 FROM: Gary Crutch e , C y Manager Regular Mtg.: 12/3/12 SUBJECT: Non- RepresentW Cost of Living Adjustment I. REFERENCE(S): 1. Proposed Ordinance, Non - Represented, Non - Management Wage Plan 2. Proposed Ordinance, Management Salary Plan II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. , providing a cost -of- living adjustment in the non - represented, non - management wage plan beginning January 1, 2013 and, further, authorize publication by summary only. MOTION: I move to adopt Ordinance No. , providing a cost -of- living adjustment in the management salary plan beginning January 1, 2013 and, further, authorize publication by summary only. III. FISCAL IMPACT: Increase annual personnel costs by $160,000 IV. HISTORY AND FACTS BRIEF: A) Non - Management Wage Plan: overall, the non - management scale is fairly comparable. However, nine positions with strong comparability factors (number of comparators and internal correlation) reflect a gap sufficient to warrant adjustment. After adjustments, all but two positions will reflect a single -digit gap (the other two do not have strong comparability factors). B) Management Salary Plan: ten of the 21 manager positions require adjustment to reduce a gap between Pasco's maximum salary versus the respective position salary in comparable cities. Even after adjustment, all of the Pasco manager positions are somewhat lower than the comparables. Council should note, however, that Pasco managers are eligible for annual merit awards. C) CPI -U, B /C, western cities, October 2011 - October 2012 was 1.6 %. The last COLA granted to non - represented employees was 2.8% in July 2012. At the same time, police officers and firefighters will have received 4% each for 2012 and will receive 1.6% for 2013. No COLA was granted to non - represented employees for the first half of 2012. V. DISCUSSION: A) The city, like most others around the state, provides a "Cost of Living Adjustment" (COLA) to its employee pay plans, usually on an annual basis, depending on budget conditions. Organized bargaining units (police, fire and public works) negotiate specific adjustments in bargaining contracts every two to three years, which usually provide an annual adjustment. Non - represented employees (management and non - management) rely on direct action of the City Council after recommendation from the executive office. The COLA attempts to maintain purchasing power of the employee pay plan, so it typically is a large fraction of the annual consumer price index change. It is recommended that a COLA of 1.5% be applied to both non - represented compensation plans. 8(a) ORDINANCE NO. AN ORDINANCE concerning wages for certain Non - Management, Non - Represented personnel for the calendar year 2013. WHEREAS, the City Council finds that the cost -of- living adjustment to the non- management/non- represented scale of 1.5% is appropriate in consideration of the Department of Labor's Consumer Price Index through October 2012 as well as the adjustments already committed to other employee groups; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The wage scale for those non - management positions specified in the attached Exhibit "A" which Exhibit is incorporated by reference as if fully set forth herein. The City Manager shall designate the appropriate hourly wage step in Exhibit "A" for each employee covered by this Ordinance, considering their time in the position for which they are employed, their current hourly wage, and the evaluation of their performance. Any non - represented employee whose actual wage or salary on December 31, 2012 exceeds the maximum for the respective grade assigned herein, shall continue to receive said actual wage or salary during calendar year 2013. Section 2. The step increases set forth in Exhibit "A" are dependent upon a satisfactory performance evaluation. If the performance evaluation of an employee demonstrates superior performance and upon recommendation of the Department Director, the City Manager has the discretion to advance an employee an additional pay step over that step otherwise obtainable by a satisfactory performance evaluation. Section 3. The wage scale set forth in Exhibit "A" shall be effective January 1, 2013 and remain in effect until this Ordinance is amended or superseded by subsequent Ordinance. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. Section 5. This Ordinance shall take effect five (5) days after passage and publication according to law. PASSED by the City Council of the City of Pasco at a regular meeting this 3rd day of December, 2013. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney A X W M O N 0 h H O N N O r U W y V m rn N m O m M O5 V' N N N V N r r m O M M M M M M M M M V V 6 m O O rn rn N m N m r O m O m O N r 7 N O V N O N V A rn M O a m N N m G O N O V rn O N O Or y O M O m m O M ODD M � V m N CJ D) m Ol O N cV Q (p cO c6 6 ' N N M (NUJ M M M M M M r M r N cO cr O O N y r rn m O V OD N N m m rn rn N V N m A m OD N N N N N N N M M M M M M M m M M N rn rn y N� O rn V N cOD A m O t`M') W M Lo OmD A N (V m W T � V L6 _ CD O) N N V' N !-: N N N N N N N N M M M M M M O m O Ln N m A O M V O V Y O N N N rn M m rn O O N V r M m O �- N cV OJ co co <+> V V cD r cV (n O OV co N 1l� N N N N N N N N M M M M M M y � N r m rn N O rn N O r m 0 m y O m N N O O N Q cO m A m O A rn (h N N N r m N O N N tO N N N N N N M M M M M y r iD m N N m N O rn O O N V O M (D r M V N N N N N N N N N M ch M M M m In m O N N V N m A m r rn 0 Y M ci ri 6 N N N N N N N N N N M M cN') M 6 N N m 0 h m V rn N 0 10 m r m M M m N A m O O m O O c N m m O M h N c r c0 I-� ry M V O cO r co (A O] cV d' N N N N N N N N N N m M M 1 O rn N m N M (P V t0 O rn N O � m A O V Y V m M M (N N N N V N m r N V r m m (D r (P N N co d' N m A m rn O M N N N N N N N N N N M (h M V W m m y J O O o W N O cD (D OO m O M N N N N N N N N N N M M d C d N u Y N @ N @ Q M _ N W N@ N N O @ @ O U @ c7 = c«CO N t0 N '.>-_. N NU N @C E N O c n c 0 a3 @ @C N U L v O N— Q U Qu c 0 E O N m F C .> @ E 1O � Q c E o o c A d g c Q> r @ @ H Q o o a mm w e w rn � M. c¢ N m O � W a i o C'O— U n UO c❑ S U E E Q O@ @ Y Vv V m ? n n U) N a LL1 v w U U U C E 16 Q «c 0 a a E E a a ° o v o o¢ t a v v vv rn x O cm U Omo@ � w a oo o@ m a o ¢ U 0 a z J ¢Q W U mn Qa x = 66. wUm ORDINANCE NO. AN ORDINANCE concerning the salaries for Management positions for the calendar year 2013. WHEREAS, the City Manager has recommended the salary scale for management positions be modified to include a cost -of- living adjustment for calendar year 2013; and, WHEREAS, the City Council finds that the cost -of- living adjustment of 1.5% is appropriate in consideration of the Department of Labor's Consumer Price Index through October 2012 as well as the adjustments already committed to other employee groups; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The maximum monthly salaries for management positions shall be as set forth in Exhibit "A" attached hereto, which Exhibit is incorporated by reference as if fully set forth herein. The schedule of maximum salaries set forth in Exhibit "A" shall be effective January 1, 2013 and shall remain effective until this Ordinance is amended or superseded by subsequent Ordinance. The actual salary to be received by an employee occupying a management position shall be determined by the City Manager in an amount no greater than the maximum for the position except as authorized herein. Section 2. A merit increase may be granted to a City employee employed in one of the management level positions set forth in Exhibit "A ", at the sole discretion of the City Manager and within the following guidelines; provided, however, the total of all merit increases for the year 2013 does not exceed $50,000. (a) Any merit increase shall be based solely upon job performance demonstrating effort and achievement above and beyond that regularly expected of the position. (b) Any merit increase awarded shall be for a temporary period of time to be determined by the City Manager, provided any such merit increase shall expire not later than December 31, 2013. Section 3. For payroll purposes only, the monthly salaries as set forth in Exhibit "A" may be multiplied by twelve (12) and divided by two thousand eighty (2,080) (number of hours in work year) to determine an hourly rate of pay and paychecks may be computed and paid on this hourly basis; however, all positions listed on Exhibit "A" shall remain salaried positions. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. Section 5. This Ordinance shall take effect five (5) days after passage and publication according to law. PASSED by the City Council of the City of Pasco at a regular meeting this 3rd day of December 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM; Debbie Clark, City Clerk Leland B. Kerr, City Attorney Exhibit A Management Salary Scale - 2013 (Monthly Maximum) Effective 01.01.2013 -1.5% Position 2013 Maximum Salary City Manager 12,803 Deputy City Manager 10,531 Public Works Director Police Chief 9,955 A & CS Director 92572 Fire Chief 91435 C & ED Director 91073 Finance Manager City Engineer 8 874 Police Captain 8,696 Municipal Court Jude 8,443 IS Manager Field Division Manager 81204 HR Manager 7,832 WWTP/W Division Manager Inspection Services Manager 7209 Recreation Services Manager Facilities Manager 6,836 Court Administrator 61464 Assistant Field Div. Manager 6,206 Cust. Serv./Billing Mana er 5,702 MEMORANDUM FOR: City TO: Gary Crutch le Manager Rick White, c Community & con c Development I.V4 FROM: Mitch Nickolds, Inspection Services Manager SUBJECT: Title 11 Civil Infractions Amendment L REFERENCE(S): 1. Proposed Ordinance November 20, 2012 Workshop Mtg.: 11/26/12 Regular Mtg.: 12/3/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/26: DISCUSSION 12/3: MOTION: I move to adopt Ordinance No. , amending Section 11.02.050 and 11.02.060 of the Pasco Municipal Code, and further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. The City has adopted procedures for issuing civil infractions to property owners to compel abatement of public nuisances on private property (Title 11 Civil Infractions). Unabated public nuisances result in hearings before the Pasco Code Enforcement Board (Board). At the hearing, the Board may impose monetary penalties or order the City to complete the necessary abatement in the interest of public health or safety. B. Language in Pasco Municipal Code (PMC) 11.02.050 and 11.02.060 contains a provision that cancels the hearing and dismisses without penalty the civil infraction if it is abated prior to the date of the required hearing. This incentive was intended for first time violators. C. Occasionally, the same public nuisance by the same owner on the same property occurs within 2 years of a previous civil infraction. When this occurs, a notice of a repeat civil violation is issued; however the incentive contained in PMC 11.02.050 and 11.02.060 and discussed above treat first time violators and repeat violators the same — requiring cancellation of the hearing and dismissal of the penalties if the nuisance is abated prior to the date of the hearing. This is contrary to the City's original intent of requiring mandatory Board hearings of all repeat civil infractions, regardless of the compliance status of the infraction. D. The proposed amendment to PMC Title 11.02.050 and 11.02.060 clarifies that repeat nuisance violations (only those occurring in a 2 year period) require a hearing before the Board and a minimum penalty, even when the nuisance conditions have been abated. V. DISCUSSION A. The proposed amendment to Title 11 mandating Board hearings and penalties for repeat violations is a necessary correction that assists the Board in emphasizing the importance of continued code compliance, discouraging abuse and additional violations and makes the most efficient use of City resources. B. A property owner that has been issued a repeat civil violation is always provided the opportunity to address the Board if he or she believes that extenuating circumstances warrant a reduction or dismissal of the minimum penalty. If the owner makes a successful case, the Board has the ability to reduce, defer or dismiss the penalty. 8(b) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington Amending PMC 11.02.050 "Notice of Civil Violation" and PMC 11.02.060 "Hearing Before the Code Enforcement Board" Providing for Mandatory Appearance and Minimum Penalties for Repeat Violations WHEREAS, under PMC 11.02.060, a person receiving a Notice of Civil Violation may avoid the scheduled hearing before the Code Enforcement Board and be in a position of any penalty if corrective abatement action is completed at least forty -eight (48) hours prior to the scheduled hearing; and WHEREAS, this incentive was intended for first time violations, and is subject to abuse by repeat offenders requiring multiple inspections, temporary corrections, and a waste of City resources; and WHEREAS, a correction is necessary to encourage long term abatement and provide for the more efficient use of City resources; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 11.02.050 of the Pasco Municipal Code entitled "Notice of Civil Violation" shall be and hereby is amended and shall read as follows: 11.02.050 NOTICE OF CIVIL VIOLATION. (1) Issuance. (a) When the applicable department director determines that a violation has occurred or is occurring, and is unable to secure voluntary correction pursuant to Section 11.02.040, the applicable department director may issue a Notice of Civil Violation to the person responsible for the violation. (b) The applicable department director may issue a Notice of Civil Violation without having attempted to secure voluntary correction as provided in Section 11.02.040 under the following circumstances: (i) When an emergency exists; or (ii) When a repeat violation occurs; or (iii) When the violation creates a situation or condition which cannot be corrected; or (iv) When the person knows or reasonably should have known that the action is in violation of the City of Pasco regulation. Page 1 of 1 (2) Content. The Notice of Civil Violation shall include the following information: (a) The name and address of the person responsible for the violation; and (b) The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and (c) A description of the violation and a reference to the provisions(s) of the City of Pasco regulation which has been violated; and (d) The required corrective action and a date and time by which the correction must be completed after which the City may abate the unlawful condition in accordance with Section 11.02.070 and the Code Enforcement Board's Order; and (e) The date, time and location of an appeal hearing before the Code Enforcement Board which will be at least 10 days from the date of the Notice of Civil Violation is issued; and (f) A statement indicating that the hearing, other than the repeat violation hearing, will be canceled and no monetary penalty will be assessed if the applicable department director approves the completed, required corrective action at least 48 hours prior to the hearing; and (g) A statement that the costs and expenses of abatement incurred by the City pursuant to Section 11.02.070(4) and a monetary penalty in an amount per day for each violation as specified in Section 11.02.050(5) may be assessed against the person whom the Notice of Civil Violation is directed as specified and ordered by the Code Enforcement Board. (3) Service of Notice. The applicable department director shall serve the Notice of Civil Violation upon the person to whom it is directed, either personally or by mailing, by both regular mail and certified mail, a copy of the Notice of Violation to such person at their last known address. If the person to whom it is directed cannot after due diligence be personally served within Franklin County and if an address for mailed service cannot after due diligence be ascertained, notice shall be served by posting a copy of the Notice of Civil Violation conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and if by posting the facts showing that due diligence was used in attempting to serve the person personally or by mail. (4) Extension. No extension of the time specified in the Notice of Civil Violation for correction of the violation may be granted, except by order of the Code Enforcement Board. (5) Monetary Penalty. The maximum monetary penalty for each separate violation per day or portion thereof shall be as set forth in Chapter 3.07 of this Code. Page 2 of 2 (6) Continued Duty to Correct. Payment of the monetary penalty does not relieve the person to whom the Notice of Civil Violation was issued of the duty to correct the violation. (7) Collection of Monetary Penalty. (a) The monetary penalty constitutes a personal obligation of the person to whom the Notice of Violation is directed. Any monetary penalty assessed must be paid to the City of Pasco within 10 calendar days from the date of mailing of the Code Enforcement Board's decision or a notice from the City that penalties are due. (b) The City Manager or his /her designee is authorized to take appropriate action to collect the monetary penalty. (Ord. 3873, 2008; Ord. 3190 Sec. 1, 1996.) Section 2. That Section 11.02.060 of the Pasco Municipal Code entitled "Hearing Before the Code Enforcement Board ", shall be and hereby is amended and shall read as follows: 11.02.060 HEARING BEFORE THE CODE ENFORCEMENT BOARD. (1) Notice. A person to whom a Notice of Civil Violation is issued will be scheduled to appear at a hearing before the Code Enforcement Board not less than 10 calendar days after the Notice of Civil Violation is issued. (2) Prior Correction of Violation. Except in the case of a repeat violation as defined in PMC 11.02.03002), the hearing will be canceled and no monetary penalty will be assessed if the applicable department director approves the completed required corrective action at least 48 hours prior to the scheduled hearing. A hearing for a repeat violation shall not be canceled and a minimum monetary penalty of $200.00 will be assessed even if corrective action has been completed at least 48 hours prior to the scheduled hearing_. (3) Procedures. The Code Enforcement Board shall conduct a hearing on the civil violation pursuant to the rules of procedure of the Code Enforcement Board. The applicable department director and the person to whom the Notice of Civil Violation was directed may participate as parties in the hearing and each party may call witnesses. The City shall have the burden of proof to demonstrate by a preponderance of the evidence that a violation has occurred and that the required corrective action is reasonable. The determination of the applicable department director as to the need for the required correction action shall be accorded substantial weight by the Code Enforcement Board in determining the reasonableness of the required corrective action. (4) Decision of the Code Enforcement Board. (a) The Code Enforcement Board shall determine whether the City has established by a preponderance of the evidence that a violation has occurred and that the required corrective action is reasonable and shall affirm, vacate, or modify the City's decision regarding the alleged violation and/or the required corrective action, with or without conditions. Page 3 of 3 (b) The Code Enforcement Board shall issue an Order to the person responsible for the violation which contains the following information: (i) The decision regarding the alleged violation including findings of fact and conclusion based thereon in support of the decision. (ii) The required corrective action. (iii) The date and time by which the correction must be completed. (iv) The monetary penalties assessed based on the criteria in Section 11.02.060(4)(c). (v) The date and time after which the City may proceed with abatement of the unlawful condition if the required correction is not corrected. (c) Assessment of Monetary Penalty. Monetary penalties assessed by the Code Enforcement Board shall be in accordance with the monetary penalty schedule in Section 11.02.050(5). (i) The Code Enforcement Board shall have the following options in assessing monetary penalties: 1. Assess monetary penalties beginning on the date of the Notice of Civil Violation was issued and thereafter; or 2. Assessed monetary penalties beginning on the correction date set by the applicable department director or an alternate correction date set by the Code Enforcement Board and thereafter; or 3. Assess no monetary penalty; or 4. Assess less that the maximum monetary penalty. (ii) In determining the monetary penalty assessment, the Code Enforcement Board shall consider the following factors: 1. Whether the person responded to staff attempts to contact the person and cooperated with efforts to correct the violation; 2. Whether the person failed to appear at the hearing; 3. Whether the violation was a repeat violation; 4. Whether the person showed due diligence and/or substantial progress in correcting the violation; 5. Whether a genuine code interpretation issue exists; and Page 4 of 4 6. Any other relevant factors. (iii) The Code Enforcement Board may double the daily monetary penalty schedule if the violation is a repeat violation. In determining the amount of the monetary penalty for repeat violations, the Code Enforcement Board shall consider the factors set forth in Section 11.02.060(4)(c)(iii ). (d) Notice of Decision. The Code Enforcement Board shall mail, by both first class and certified mail, a copy of the decision to the appellant and to the applicable department director within 10 working days of the hearing. (5) Failure to appear. If the person to whom the Notice of Civil Violation was issued fails to appear at the scheduled hearing, the Code Enforcement board will enter an order finding that the violation occurred and assessing the appropriate monetary penalty. The City will carry out the Code Enforcement Board's Order and recover all related expenses, plus the cost of the hearing and any monetary penalty from that person. (6) Appeal to the Superior Court. An appeal of the Code Enforcement Board's decision must be filed pursuant to the general appeal period as set forth in Chapter 1.01 of this Code, or is thereafter barred. (Ord. 3877, 2008; Ord. 3876, 2008; Ord. 3190 Sec. 1, 1996.) Section 3. This Ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by the vote of the majority plus one of the City Council of the City of Pasco this day of 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Page 5 of 5 FOR: TO: FROM: AGENDA REPORT City Council Gary Crutchfi Cit Rick White, Community & Tyco o 'c Shane O'Neill, Planner I Development Director q V4 November 26, 2012 Regular Mtg.: 12/3/12 SUBJECT: SPECIAL PERMIT (MF# SP2012 -0022) Tutoring Center at 117 S. 3`d Avenue I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Report to Planning Commission 4. Planning Commission Minutes: Dated 10/18/12 and 11/15/12 IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/3: MOTION: I move to approve Resolution No. approving a special permit for a tutoring center at 117 South 3` Avenue as recommended by the Planning Commission. III. FISCAL IMPACT: 0630y IV. HISTORY AND FACTS BRIEF: A. On October 18, 2012, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit be granted for the location of a tutoring center at 117 S. 3 d Avenue. B. Following conduct of the public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the tutoring center. C. The recommended conditions are contained in the attached Resolution. D. No written appeal of the Planning Commission's recommendation has been received. 8(c) Y Sort,' \ �r .�r JL 00 SID 0 so eo It i-•I O ` U t Post, A- ^ 11=4 Ct con % ll„ 1 a RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION OF A TUTORING CENTER WHEREAS, Sol Case Management, submitted an application for the location of a tutoring center at 117 South 3`d Avenue (Tax Parcel 112- 039 -044); and, WHEREAS, the Planning Commission held a public hearing on October 18, 2012 to review the proposed tutoring center; and, WHEREAS, following deliberations on November 15, 2012 the Planning Commission recommended approval of a Special Permit for the proposed tutoring center with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Sol Case Management for the location of a tutoring center in the C -2 (Central Business) District under Master File # SP 2012- 022 with the following conditions: a) The Special Permit shall apply to Tax Parcels #112039044 & 112049053 for the building at 117 South Third Avenue; b) The applicant shall comply with all building code requirements for the occupancy class applicable to the use; c) The Special Permit shall be null and void if a City of Pasco business license has not been obtained by February 28, 2013. Passed by the City Council of the City of Pasco this 3`d day of December, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney REPORT TO PLANNING COMMISSION MASTER FILE # SP2012 -022 APPLICANT: Sol Case Management HEARING DATE: 10/18/2012 117 S. 3rd Avenue ACTION DATE: 11/15/2012 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a Level One Community Service Facility in a C -2 (Central Business) Zone 11 PROPERTY DESCRIPTION: Legal: Lots 9 & 10, Block 22, NP Plat General Location: 117 S. 3rd Avenue Property Size: 14,000 square feet 2. ACCESS: The parking lot has access from Columbia Street and an alley from 3rd Avenue. 31 UTILITIES: All municipal utilities currently serve the site. 4. LAND USE AND ZONING: The site is zoned C -2 (Central Business) and contains a commercial structure. The zoning and land use of the surrounding properties are as follows: NORTH: C -2 - Commercial SOUTH: I -1 - Commercial EAST: C -2 - Commercial WEST: C -2 - Commercial 5, COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for commercial uses. 6. 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 The applicant proposes to operate an after- school child tutoring center in an existing commercial structure located in a C -2 zone. The proposed use is most closely aligned with a Level One Community Service Facility, which is considered an Unclassified Use; thus requiring special permit review. The applicant has indicated that Sol Educational Services will employ six (6) staff members serving up to 40 students. Students will use public transit and personal vehicle drop- off /pick -up to access the center. The education/ tutoring service will be available from 3:00 pm to 8:00 pm Monday- Friday and from 10 am to 2 pm on Saturday. Sol Educational Center will provide an after school tutoring program to elementary, middle school and high school students; providing assistance with homework. The site is composed of two parcels located on the northeast corner of the intersection of South 3rd Avenue and Columbia Street. The site is bound by arterial streets to the west and to the south. Both arterials serve public transit, which provides convenient access for students traveling to the youth center from nearby schools. The site also contains two paved parking areas with a total of 13 striped parking stalls. Assuming each of the six (6) employees occupy one stall, seven (7) stalls would remain available to customers. Additionally, sites zoned C -2 are exempt from off -street parking requirements. It is also assumed that most or all of the children will likely be dropped off by family or friends and that the vehicles will not remain on -site while tutoring services are in session. STAFF 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 additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is addressed 117 South Third Avenue. 2. The site is zoned C -2 (Central Business). 3. The site is located on the northeast corner of Columbia Street and South Third Avenue. 4. The site is comprised of two tax parcels (112039044 & 112049053) 5. Sol Educational Services is a for - profit organization dedicated to providing tutoring and mentoring for students. 6. Sol Educational Services will provide tutoring services for up to 8 hours per day five days per week. 7. Sol Educational Services is classified as a Community Service Facility in the Pasco zoning code. 8. Community Service Facilities are considered Unclassified Uses and thereby require special permit review (PMC 25.86.020). 2 BASED ON STAFF FINDINGS OF FACT The Planning Commission must make Findings of Fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed findings are as follows: 1. Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Comprehensive Plan Goal CF -5 encourages the fostering of adequate provisions for educational facilities throughout the urban growth area. Sol Educational Services is a private educational support facility that will offer special services for students. 2. Will the proposed use adversely affect public infrastructure? The proposal will generate little demand for public utilities only being open to serve students for up to 5 hours per day for six (6) days per week. Water and sewer demands of the proposed use will be negligible compared to permitted uses such as restaurants. Traffic generation of the proposal will be minimal and easily accommodated by the existing road system. 3. Will the proposed use be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity? The structure proposed to contain the youth education center has existed for approximately 63 years. The intended character of the vicinity is commercial in nature. The purpose of the C -2 zone, in part, is to promote a commercial clustering concept and revitalization by emphasizing pedestrian access. The proposed community service facility is a commercial business and its central location will complement existing commercial businesses by increasing the number of vehicle trips per day in the vicinity. The proposed use will have minimal adverse impacts on the existing and intended character of the neighborhood. 4. Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? Sol Educational Services is proposing to expand their services within an existing and recently remodeled facility originally constructed 63 years ago. The facility is single -story whereas the C -2 zone permits structures up to 45 feet in height. Surrounding properties are fully developed. The subject property's renovations make it stand out as 3 current and tasteful. The condition of the subject structure will likely encourage use and development of existing or potential businesses within the immediate vicinity. 5. Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? An educational center serving up to 40 students per day may have similar levels of activity to other permitted uses in this zone. The C -2 zone permits uses with generally higher levels of adverse impacts than the proposed education center and is not expected to create adverse impacts to other permitted uses. 6. Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? It is expected that the proposed tutoring center will in no way cause harm to public health and safety and that the associated activity will not become a nuisance to permitted uses in the vicinity. APPROVAL CONDITIONS 1. The Special Permit shall apply to Tax Parcels #112039044 8s 112049053 for the building at 117 South Third Avenue; 2. The applicant shall comply with all building code requirements for the occupancy class applicable to the use; 3. The Special Permit shall be null and void if a City of Pasco business license has not been obtained by February 28, 2013. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions as contained in the November 15, 2012 staff report. MOTION for Recommendation: I move based on the findings of fact and conclusions that the Planning Commission recommend the City Council grant a special permit to Sol Case Management for the location of a tutoring center at 117 S. 3rd Avenue with the conditions as contained in the November 15, 2012 staff report. 11 qq l V.I.J r /�\\ A• .\ 4w ID � N R MCI i a < Cie .r N u b�A 0 a Cd U 4J CA .o U �i C� N O 0 ••N C Ct U •• � N V G� (4W) 2� 3W a U t/1 H A op ki dp VIAN c� V C� z POEM ct NWMWPOI ct ENO � Ct � AVM o N Vo Cd V 4M NO w � 1 Cam' I i �`1 i LL i i LL M ILK, '' . r., mp R pl a 1 n1 4J W Cd r ba 4 O I- r.� �J 14 4J O w O O a Planning Commission Minutes 10/18/2012 Location of a Level 1 Community Service B. Special Permit Facility (Sol Educational Services) (MF# SP2012 -0221 Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community 8s Economic Development Director, discussed the special permit application for the location of a Level 1 Community Service Facility. The Community Service Facility is an afterschool child tutoring center for as many as 40 students, which is an unclassified use which requires special permit approval in all zoning districts. The staff report describes the services that will be provided by the applicant and the report discusses the site location, the availability of public transit and the parking for those parents dropping off those students. The initial staff findings of fact and the conclusions that are required to be addressed have been formulated to support approval of the application. With no questions from the Planning Commission the public hearing was opened. Rolando Rodriguez, 7909 W. Dradie Street, spoke on behalf of his application. The special permit would allow for him to provide educational services, academic tutoring after school for children in math and reading from grade levels K -12 to help students meet grade requirements and to pass the state requirements to graduate. He said that it will also create jobs in Downtown Pasco. Commissioner Hilliard asked the applicant if he had any concerns with any of the conditions included in the staff report. Chairman Cruz briefly went over what some of those conditions were. Mr. Rodriguez answered that he did not have any concerns with those conditions. Commissioner Anderson moved, seconded by Commissioner Khan, to close the hearing on the proposed Sol Educational Youth Center and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the November 15, 2012 meeting. The motion passed unanimously. Planning Commission Minutes 11/15/2012 B. Special Permit Location of a Level 1 Community Service Facility (Sol Educational Services) (MF# SP 2012 -0221 Chairman Cruz read the master file number and asked for comments from staff Shane O Neill, Planner I, discussed the special permit for the location of a Level 1 Community Service Facility. He stated that there have been no changes since the previous staff report. Commissioner Kempf moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions as contained in the November 15, 2012 staff report. The motion passed unanimously. Commissioner Kempf moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions that the Planning Commission recommend the City Council grant a special permit to Sol Case Management for the location of a tutoring center at 117 S. 3rd Avenue with the conditions as contained in the November 15, 2012 staff report. The motion passed unanimously. AGENDA REPORT FOR: City Counci TO: Gary Crutchfie Manager FROM: Stan Strebel, Ileputy City Manager SUBJECT: Property Purchase Agreement I. REFERENCE(S): II. III. IV V Vicinity Map Overview Map Real Estate Purchase Agreement November 28, 2012 Regular Mtg.: 12/3/12 ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/3: MOTION: I move to approve the Real Estate Standard Life Insurance Company, City Manager's execution thereof. FISCAL IMPACT: Purchase Price $2,800,000 (27.8 acres) HISTORY AND FACTS BRIEF: Purchase Agreement with Old in Liquidation, and to ratify the A) The Regional Public Facilities District selected the Pasco Public Facilities District and the City's proposal to develop the regional aquatic facility at TRAC last May. When the Franklin County Commission subsequently withdrew their offer to consider the re- development of the TRAC facility, the aquatics facility was left without a site. B) Working with the Pasco Public Facilities District, staff has identified a 27.8 acre vacant land parcel, west of the Outlet Mall on Sandifur Parkway, which it believes will be a suitable and visible site for the aquatics facility. While the size is larger than the anticipated 10 acres that will be needed for the aquatics facility, it will allow flexibility and optimal siting of the aquatic facility, if approved by the RPFD and the voters at the November 2013 ballot. C) Critical elements of the Real Estate Purchase Agreement provide as follows: 1. The City has 90 days in which to complete its "due diligence" (title, survey, environmental, etc.) on the property and issue a "notice to proceed." 2. A $60,000 earnest money note, in escrow, with the title company (and applicable to the purchase price on closing) will be converted to cash upon the "notice to proceed." 3. If the City finds the property unsuitable prior to the expiration of the due diligence period, it may cancel the sale without penalty. The earnest money is non - refundable if the City cancels the sale after the notice to proceed (except for non - approval by the Court, below). 4. The seller is a life insurance company in liquidation and the final sale of the property is conditional upon approval of the Ada County, Idaho District Court. If the Court's approval of the sale has not been received within 180 days of the date of the agreement, the sale can be terminated without penalty to the City. 5. Closing can take place as late as January 31, 2014, allowing for the results of a possible regional ballot on the sales tax for the aquatics facility in November 2013. DISCUSSION: A) With Council approval of the agreement, staff will continue to work with the Pasco PFD and the RPFD to complete the steps necessary to refine the project proposal toward placing the proposal on the ballot next year. 10(a) Q,..rf e- :irr.sor. HBO Ime roe Ism TO r' S' v i ji >iS yr. n[ pr, �Ys Cc i l !• t 1 gg `"`+ ICI � 6w4�*asS.,i A 1 `ISr w. 1 ISi" F f jo LA i /( xt JJ 1 � m � J NW W _ LORLM 122 1111111C� 11 ilia � ja .ea e•a o = i } r REAL ESTATE PURCHASE AGREEMENT, SUBJECT TO LIQUIDATION COURT CONFIRMATION THIS REAL ESTATE PURCHASE AGREEMENT, SUBJECT TO LIQUIDATION COURT CONFIRMATION ( "Agreement) is entered into as of the date signed by the last of the parties hereto (the "Effective Date ") by and between OLD STANDARD LIFE INSURANCE COMPANY, IN LIQUIDATION, an Idaho Corporation ( "Seller') and THE CITY OF PASCO, and /or assigns ("Buyer'). ARTICLE 1. PROPERTY; PURCHASE PRICE SECTION 1.01. Buyer agrees to purchase from Seller all of Seller's right title and interest in and to that certain real property located in the City of Pasco, Franklin County, State of Washington, more particularly described on Exhibit A attached hereto and by this reference incorporated herein and all fixtures, buildings, and improvements thereon (the "Property') on the terms and conditions set forth below. SECTION 1.02. The purchase price for the Property shall be the sum of Two Million Eight Hundred Thousand and No /100ths Dollars ($2,800,000.00) payable by Buyer to Seller as follows: (a) $60,000 To be deposited by the Buyer in escrow with the Title Company within one (1) business days after the Effective Date (the "Deposit"). Initially, the Deposit shall consist of an earnest money note in the form attached hereto as Exhibit B (the °Earnest Money Note "). The Earnest Money Note shall be converted to cash upon Buyers issuance of a Notice to Proceed. (b) $2,740,000 Balance due at Closing (c) $2,800,000 Total Purchase Price ARTICLE 2. ESCROW SECTION 2.01. OPENING ESCROW AND CLOSING. An escrow shall be opened at First American Title Insurance Company, 200 SW Market Street, Suite 250, Portland, Oregon 97201, herein referred to as the "Title Company", to consummate the purchase of the Property pursuant to this Agreement. The closing of the sale and conveyance of title on the terms and conditions hereof (the "Closing") will take place commencing at 10:00 A.M. at the office of the Title Company, or at such other time and /or location as the parties agree, on January 31, 2014 (the "Closing Date "); provided that if such date is not a business day, on the next succeeding business day. SECTION 2.02. CONDITIONS OF CLOSING. The Closing of sale and conveyance of title to the Buyer and the respective obligations of Buyer and Seller to consummate the transactions contemplated under this Agreement are conditioned on: 3771/010 11120/12 - 1 - pasty psa.3 c hlgleywld standard life%mdm r (a) Liquidator and /or Court Confirmation of this sale as follows: 1. Seller shall have accepted this Agreement by executing below in the space provided. When this Agreement has been accepted in this manner, it shall constitute a binding obligation upon the Buyer to purchase and Seller to sell the Property on the terms and conditions as set forth herein. 2. Seller shall petition the District Court of the Fourth Judicial District of the State of Idaho, in and for the County of Ada, in connection with Case Number CV OC 0401574D (hereinafter "Court") for confirmation of this Agreement no later than thirty (30) days after the date of Buyer's issuance of the Notice to Proceed. 3. The Court shall have entered an order approving this Agreement and the transactions contemplated hereunder (the "Sale Order"). Upon the Court's entry of the Sale Order, the Deposit shall be disbursed to Seller; provided, however, if a party objected to entry of the Sale Order, then the Deposit shall not be disbursed to Seller until the Sale Order becomes a Final Order. The parties hereby authorize and direct the Title Company to disburse the Deposit to Seller. If the Court denies Seller's motion for the Sale Order, then this Agreement shall automatically terminate and the Deposit shall be refunded to Buyer. 4. The Sale Order shall have become a Final Order. As used in this Agreement the term "Final Order' shall mean an order of the Court as to which the time for appeal has expired without a notice of appeal having been filed or, if a notice of appeal has been filed, as to which no stay pending appeal has been entered; provided that the possibility that a motion under Rule 59 or Rule 60 of the Idaho Rules of Civil Procedure, may be filed with respect to such order shall not cause such order not to be a Final Order. (b) No domestic or foreign, federal, state, county, parish, municipal or other local court, agency, department, legislative body, commission, council, board or other administrative of governmental body shall have issued any order, writ, judgment, injunction, decree, determination or award that directs that the transactions contemplated hereunder not be consummated. (c) The conveyance to Buyer of title by Special Warranty Deed free of liens, encumbrances, easements, restrictions, rights and conditions of record or known to Seller, other than the following (each a "Permitted Encumbrance "): Current property taxes and current bond(s) or improvement assessment(s), if any; 2. Matters not in the public record which would be disclosed by a survey or physical inspection of the Property; and 3771101011/20112 -2- pae p".3 nhigleylold etmdard ifelbroadm r 3. Covenants, conditions, restrictions, easements, and other matters of record, if any, unless disapproved by Buyer in writing within twenty (20) days of receipt of a current commitment for issuance of an ALTA owner's policy in the amount of the Purchase Price issued by the Title Company, together with legible copies of all documents referenced therein (collectively, the "Title Commitment'), which shall be fumished at Seller's expense. Any matter shown on such Title Commitment and not objected to by Buyer shall be a Permitted Encumbrance hereunder. Seller will have five (5) days after receipt of Buyer's objections to cure such objections. If Buyer's objections are not cured within such 5 -day period, Buyer will have the option to either: (a) terminate this Agreement, in which case the Deposit shall be refunded to Buyer; or (b) waive the objections and proceed to Closing, in which case such matters shall be Permitted Encumbrances. Seller shall fumish the Title Commitment to Buyer within ten (10) days after Seller's acceptance. At the Closing, Seller shall cause the Title Company to irrevocably commit to issue an owner's policy of title insurance in the form of a "marked up" Title Commitment or a proforma showing title to the Property vested in Buyer subject only to the Permitted Encumbrances. Seller shall pay the portion of the title insurance premium applicable to a standard ALTA form owner's policy. Buyer shall pay the portion of the premium attributable to extended coverage and the cost of any endorsements required by Buyer. (d) [Intentionally omitted]. (e) The purchase of the Property is contingent upon a ninety (90) day due diligence and feasibility period (hereinafter referred to as the "Due Diligence Term ") which shall commence upon the Effective Date. During the Due Diligence Term, Buyer may complete physical and geological inspections of the Property and improvements thereon, including but not limited to, taking soil borings as desired, obtaining engineering studies, and such other matters relating to the Property as Buyer deems appropriate, so as to ensure that the Property is acceptable in its "As -Is" condition. Such inspection shall be at Buyer's sole cost and expense. Buyer will indemnify, defend, and hold Seller harmless from and against any claims for injury or death to persons, damage to property or other losses, actual damages or claims, including, without limitation, claims of any tenants, and including, in each instance, reasonable attorneys' fees and litigation costs, arising out of any action of any person or firm entering the Property on Buyer's behalf as aforesaid, which indemnity shall expressly survive Closing or the earlier expiration or termination of this Agreement. BUYER IS PURCHASING THE PROPERTY "AS IS, WHERE IS" IN ITS PRESENT CONDITION. BUYER HAS THE OPPORTUNITY TO INSPECT THE PROPERTY AS PROVIDED HEREIN. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH 377V010 1`1/20112 , 3. cshlgley%old standard lifMbroadmmr palm psa.3 r RESPECT TO, HEREBY DISCLAIMS, AND SHALL HAVE NO LIABILITY FOR; (A) THE CONDITION OF THE PROPERTY OR ANY BUILDINGS, n STRUCTURES OR IMPROVEMENTS THEREON OR THE SUITABILITY OF THE PROPERTY FOR HABITATION OR FOR BUYER'S INTENDED USE 3 i (B) ANY APPLICABLE BUILDING, ZONING OR FIRE LAWS OR r 3 REGULATIONS OR WITH RESPECT TO THE EXISTENCE OF OR COMPLIANCE WITH ANY REQUIRED PERMITS, IF ANY, OF ANY i .2 GOVERNMENTAL AUTHORITY; (C) THE AVAILABILITY OR EXISTENCE OF ANY WATER, SEWER OR UTILITIES, ANY RIGHTS THERETO, OR ANY WATER, SEWER OR UTILITY DISTRICTS; (D) ACCESS TO ANY PUBLIC OR PRIVATE SANITARY SEWER OR UTILITY SYSTEMS; OR (E) THE y r S PRESENCE OF ANY HAZARDOUS SUBSTANCES AT THE PROPERTY OR IN ,� v ANY IMPROVEMENTS ON THE PROPERTY, INCLUDING WITHOUT Fay LIMITATION ASBESTOS OR UREA - FORMALDEHYDE, OR THE PRESENCE OF ANY ENVIRONMENTALLY HAZARDOUS WASTES OR MATERIALS ON OR UNDER THE PROPERTY. BUYER ACKNOWLEDGES THAT BUYER IS a L GIVEN THE OPPORTUNITY UNDER THIS AGREEMENT TO FULLY INSPECT THE PROPERTY AND BUYER ASSUMES THE RESPONSIBILITY AND RISKS OF ALL DEFECTS AND CONDITIONS AT THE PROPERTY, INCLUDING WITHOUT LIMITATION, SUCH DEFECTS AND CONDITIONS, IF ANY, THAT CANNOT BE OBSERVED BY CASUAL INSPECTION. L' y ? Y r During the term of this Agreement and at any time following the expiration or earlier termination thereof, upon Seller's request. Buyer shall provide Seller with `- copies of any third party reports or surveys obtained by Buyer during the Due r U Diligence Term and any extensions thereof at no cost to the Seller. L(Peii Vole rs ) Prior to the end of the Due Diligence Term, the Buyer must accept the Property in its "As Is" condition. Said acceptance must be delivered to the Seller in writing reflecting that all contingencies set forth in this subsection (e) have been removed and Buyer's acceptance or waiver of all title matters in Section 2.02(c) (the "Notice to Proceed'). Upon Buyer's issuance of the Notice to Proceed (i) the Earnest Money Note shall be converted to cash, and (ii) subject to Section 2.03 below, the Deposit shall be non - refundable to Buyer but applicable to the Purchase Price. If for any reason during Due Diligence Term, Buyer finds the Property unacceptable, in Buyer's sole and absolute discretion. Buyer must advise Seller in writing and the Agreement thereupon shall be terminated and the Earnest Money Note shall be returned to Buyer. If Buyer fails to issue the Notice to Proceed on or before the last day of the Due Diligence Term, then this Agreement shall automatically terminate and the Earnest Money Note shall be returned to Buyer. SECTION 2.03. FAILURE OF CONDITIONS. If any condition specified in Section 2.02 above is not satisfied or waived within one hundred eighty (180) days after the Effective Date, then either party may, at any time thereafter, elect to terminate this Agreement by giving written notice to the other party and the Title Company. The Title Company shall be, and is hereby, irrevocably instructed by Seller on receipt of such notice from either 3771/010 I V20/12 -4- pasco p9a.3 esN&ylokl slandwd fifel roadrt r party, to immediately refund to Buyer all monies and instruments deposited in escrow pursuant to this Agreement by Buyer. SECTION 2.04. PRORATIONS. The following prorations shall be made between Buyer and Seller at Closing: property taxes, rents, homeowner's /association dues (if applicable), and N/A . SECTION 2.05. BONDS AND ASSESSMENTS. Any bonds or improvement assessments which are a lien on the Property shall, at Closing, be paid /assumed by Buyer, except any past due/delinquent amounts shall be paid by Seller at Closing. SECTION 2.06. BROKERS' COMPENSATION AND DISPOSITION FEES. If Buyer is confirmed as the purchaser of the Property and thereafter performs in accordance with this Agreement, any and all compensation and disposition fees due to real estate or other brokers shall be paid by Seller at Closing based upon the confirmed sales price or, if no overbidding occurs, as follows: N/A of the accepted price to N/A , who represents Seller; and • N/A of the accepted price to N/A , who represents Buyer. Seller and Buyer each warrant that they have dealt with no other real estate brokers in connection with this transaction except those brokers stated above. SECTION 2.07. EXPENSES OF ESCROW. The expenses of the escrow described In this section shall be paid in the following manner: (a) The cost of recording any deeds or other instruments required to convey title of the Property to Buyer as described in Section 2.02 of this Agreement shall be paid by Buyer. (b) Seller shall pay all real estate excise tax payable in connection with this transaction. (c) Any escrow fee charged by the Title Company shall be paid as follows 50% by Seller and 50% by Buyer. SECTION 2.08. POSSESSION. Possession of the Property shall be delivered to Buyer upon Closing. SECTION 2.09. TITLE. Title shall vest as follows: to Buyer, or an assign or a nominee, with Buyer remaining liable for the Purchase Price and any and all duties and obligations of the Buyer until the Close of Escrow, which shall be designated in writing by Buyer no later than 5 days prior to the Closing. SECTION 2.10. DISCLOSURE STATEMENT. Buyer and Seller agree and acknowledge that the Real Property constitutes "Commercial Real Estate" as defined in RCW 64.06.005. Buyer hereby waives receipt of a seller disclosure statement required 3771/010 11/20112 - 5 - pasw psa.3 cshigbNold standard Ilfelbrmdrrmr under RCW 64 06 for transactions involving the sale of commercial real estate except for the section entitled "Environmental ". The seller disclosure statement as completed by Seller is attached to this Agreement as Exhibit C (the "Disclosure Statement"). Buyer acknowledges its receipt of the Disclosure Statement and waives its right to rescind the Agreement under RCW 64.06.030. Buyer further agrees and acknowledges that the Disclosure Statement (a) shall be for disclosure only, (b) shall not be considered part of this Agreement, and (c) shall not be construed as a representation or warranty of any kind by the Seller. ARTICLE 3. MISCELLANEOUS SECTION 3.01. DEFAULT BY Buyer. Should Buyer fail to complete said purchase as herein provided by reason of any default of Buyer, Seller shall be released from its obligation t sell the Property to Buyer and Seller shall retain the Deposit, as liquidated damages f h default as to sole and exclusive remedy hereunder. Buyer: ( ell SECTION 3.02, TIME. Time is of the essence in the performance of this Agreement. SECTION 3.03. MODIFICATIONS. All modifications or extensions shall be in writing signed by all parties. SECTION 3.04. LAND USE RESTRICTIONS. Buyer shall satisfy itself through sources of information, other than the Seller or real estate brokers, or salespersons of such brokers in this transaction, whether any public or private action in the form of a vole, initiative, referendum, local ordinance, law, or other measure presently in force or contemplated by a governing or other body may halt entirely or otherwise restrict Buyer's use of the Property for improvement or other use, and Buyer acknowledges that it has not relied on any advice or representations by the Seller or real estate representatives in this transaction for such independent information to any extent. SECTION 3.05. NOTICES. Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party hereto, or the Title Company, shall be in writing and shall be deemed duly served and given when (a) personally delivered to any of the parties, to whom it is directed; (b) by deposit in the United States mail as first -class certified mail, return receipt requested, postage paid; (c) by overnight nationwide commercial courier service; or (d) by telecopy transmission with a confirmation copy to be delivered by duplicate notice in accordance with any of clauses (a) through (c) above, in each case, to the party intended to receive the same at the following address(es): 37711010 1120112 .6- eshiglWold standard liralhroadmoor Pasco pca.3 If to Buyer: City of Pasco 525 North Third Avenue P.O. Box 293 Pasco, WA 99301 Attn: City Manager Phone: 509- 545 -3404 Fax: 509 -545 -3403 With copy to: Kerr Law Group 7025 West Grandridge Blvd., Suite A Kennewick, WA 99336 Attn: Lee Kerr Phone: 509 -735 -1542 Fax: 509- 735 -0506 If to Seller: Old Standard Life Insurance Company. In Liquidation c/o VIDA Consulting, Inc. 1520 Hill Drive Los Angeles, CA 90041 Attn: Jackie Muro Phone: 310 -801 -0611 Fax: 323- 259 -9773 With copy to: Old Standard Life Insurance Company, In Liquidation c/o Kane Corporation 67 Selby Lane, Suite 100 Atherton, CA 94027 -3926 Attn: Peter C. Kane Phone: 650 - 369 -9100 Fax: 650 - 369 -9106 3771/010 11/20112 .7- pasm psa,3 cahigle&1d standard Iifelbroadnmr ., e, Alston Counnage 8 Bassetti LLP 1420 Fifth Avenue, Suite 3650 Seattle, WA 98101 Attn: Charles E. Shigley Phone: 206 -623 -7600 Fax: 206- 623 -1752 If to the Title Company: First American Title Insurance Company 200 SW Market Street, Suite 250 Portland, OR 97201 Attn: Rachael Rodgers Phone. 503- 795 -7608 Fax: 866 -406 -9291 Notice delivered in accordance with the foregoing shall be effective (a) when delivered, if delivered personally or by receipted -for telex, telecopier or facsimile transmission, (b) on the next business day after being delivered in the United States (properly addressed and all fees paid) for overnight delivery service to a courier (such as Federal Express) which regularly provides such service and regularly obtains executed receipts evidencing delivery, or (c) five (5) days after being deposited (properly addressed and stamped for first -class delivery) in a daily serviced United States mail box. Either party, Buyer or Seller, may change its address for the purposes of this section by giving written notice of such change to the other party in the manner provided in this section. SECTION 3.06. DISCLAIMER OF WARRANTIES. The parties acknowledge that this transaction is entered into by them in full reliance on their own independent investigations, and not on any statements, representations, or agreements made by the other party, or by the broker(s), if any herein, or any salesperson(s) of such broker. It is also agreed by both parties that no statements, representations, or agreements made by either party, the broker(s), or any sales - person(s) of such broker(s), are valid unless such statements, representations or agreements are reduced to writing and made a part hereof. Seller expressly makes no warranties regarding the suitability of the Property for any purpose and Buyer acknowledges that all real property and improvements, if any, the are taken in an " s Is" Condition including all known and unknown defects. Buyer: ( Seller: SECTION 3.07. ATTORNEY'S FEES. Should any litigation be commenced between the parties hereto concerning the Property, this Agreement, or the rights and duties of either in relation thereto, the party, Buyer or Seller, prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorney's fees in such litigation which shall be determined by the Court in such litigation or in a separate action brought for that purpose. 3771/010 11,20112 - K - Pasco psa3 ahgleyUd slanda,d hfe%madmw SECTION 3.08, ENTIRE AGREEMENT. This instrument contains the entire Agreement between Buyer and Seller respecting the Property, and any agreement or representation respecting the Property or the duties of either Buyer or Seller in relation thereto not expressly set forth in this instrument is null and void, SECTION 3.09. COUNTERPARTS; FACSIMILE SIGNATURES. This Agreement may be executed in any number of counterparts and all counterparts shall be deemed to constitute a single agreement. The execution of one counterpart by any party shall have the same force and effect as if that party had signed all other counterparts. The signatures to this Agreement may be executed on separate pages and when attached to this Agreement shall constitute one complete document. This Agreement may be signed by facsimile, and each facsimile copy so signed shall be deemed an original hereof. SECTION 3.10. GOVERNING LAW; VENUE. This Agreement is governed by and construed in accordance with the laws of the State of Washington. At the option of Seller, the venue of any action hereon may be laid in Franklin County, Washington, other than Seller's motion to obtain the Sale Order which shall be heard by the Court. [Signatures on following page] 3771/010 11120/12 Pasco psa.3 ahigley%old standard lde\broadm IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year shown opposite their signatures below, BUYER: CITI By: Narr Title: GIt, ��'t 444fk�i'v Date, 11-41.1 -12� SELLER: OLD STANDARD LIFE IN COMPANY, IN LIQUIDATION, an Idaho korooration i Title ram 3771/010 1120112 to. pasta psa3 t tupleylold standard IjWbro dmoor EXHIBIT A LEGAL DESCRIPTION Parcel A: Lot 8 of Binding Site Plan No. 96 -3, recorded in Volume 1 of Binding Site Plans, Pages 10 through 13, Auditor's File No. 530271, records of Franklin County, further described as follows: That portion of the North half of the Southwest quarter of Section 8, Township 9 North, Range 29 East, W.M., Records of Franklin County, Washington, described as follows: Commencing at the West quarter comer of said Section 8; thence south 89 008'26" East, along the North line of said Southwest quarter, for 75.00 feet to the Easterly right of way margin of Broadmoor Boulevard (Formerly Road 100); thence South 00 057'45" West, along said Easterly right of way margin, for 120.26 feet; thence South 89 002'15" East for 245.53 feet to the pint of curvature with a 275.00 foot radius curve concave to the South; thence Southwesterly along the arc of said curve to the right, through a central angle of 21 019'15 ", for an arc distance of 102.33 feet to the point of tangency; thence South 67 043'00" East for 233.30 feet to the True Point of Beginning; Thence South 67 043'00" East for 5.45 feet to the point of curvature with a 175.00 foot radius curve concave to the Northeast; thence Northeasterly along the arc of said curve to the left, through a central angle of 90 °00'00 ", for an are distance of 274.89 feet to the point of tangency; thence North 22 °17'00" East for 96.67 feet to the point of curvature with a 20.00 foot radius curve concave to the Southeast; thence Northeasterly along the arc of said curve to the right, through a central angle of 84 °30'20 ", for an arc distance of 29.50 feet to intersect the Southerly right of way margin of Sanidfur Parkway (Formerly Broadmoor Parkway) on a 651.00 foot radius curve concave to the Northeast (The radius point bears North 16 047'20" East); thence Southeasterly along the arc of said curve to the left, through a central angle of 15 °55'45 ", for an arc distance of 180.99 feet to the point of tangency; thence South 89 °08'26" East, along said Southerly right of way margin, for 811.56 feet to a point that bears South 87 037'04" East a distance of 1,919.67 feet from the said West quarter corner of Section 8; thence leaving said Southerly right of way margin, South 00 °51'34" West for 157.33 feet; thence South 89 008'26" East for 304.16 feet; thence South 00 °11'09" West for 289.98 feet; thence South 89 °08'26" East for 138.44 feet; thence South 00 011'08" West for 545.73 feet to intersect the Northerly right of way margin of SR 182 on a 4,110.00 foot radius, non - tangent curve concave to the Southeast (The radius point bears South 20 °41'02" West); thence Northwesterly along the arc of said curve to the left, through a central angle of 09 °29'14 ", for an arc distance of 680.55 feet; thence, leaving said curve, North 73 025'12" West, along said Northerly right of way margin for 949.40 feet; thence North 64 038'05" West, along said Northerly right of way margin, for 293.45 feet; thence, 3771101011/20112 Pasco psa.3 cshlgleylold standard life bMdm leaving said Northerly right of way margin, North 22 017'00" East for 282.79 feet to the True Point of Beginning. APN: 115 -460 -056 Parcel B: Lot 9 of Binding Site Plan No. 96 -3, recorded in Volume 1 of Binding Site Plans, Pages 10 through 13, Auditor's File No. 530271, records of Franklin County, further described as follows: That portion of the North half of the Southwest quarter of Section 8, Township 9 North, Range 29 East, W.M., Records of Franklin County, Washington, described as follows: Commencing at the West quarter corner of said Section 8, thence South 89 008'26" East, along the North line of the Southwest quarter of said Section 8, for 1,918.99 feet; thence South 00 051'34" West for 51.01 feet to a point on the Southerly right of way margin of Sandifur Parkway (Formerly Broadmoor Parkway) with said point lying South 87 037'04" East a distance of 1,919.67 feet from said West quarter corner and being the True Point of Beginning. Thence South 89 008'26° East, along said Southerly right of way margin of Sandifur Parkway (Formerly Broadmoor Parkway), for 302.31 feet; thence leaving said Southerly right of way margin, South 00 011'09" West for 157.34 feet; thence North 89 °08'26" West for 304.16 feet; thence North 00 051'34" East for 157.33 feet to the True Point of Beginning. APN: 115- 450 -045 3771/010 11/20/12 cs Pasco psa.3 higleMd standard 19e1bmadmoa EXHIBIT B EARNEST MONEY NOTE $60,000.00 Pasco, Washington �( iF� , 2012 (�s' For value received, the undersigned THE CITY OF PASCO ( "Maker"), promises to Pay to promise to pay to First American Title Insurance Company (the "Title Company') at 200 SW Market Street, Suite 250, Portland, Oregon 97201, the principal sum of Sixty Thousand and No /100ths Dollars ($60,000.00), with no interest on the terms and conditions contained in that certain Real Estate Purchase Agreement Subject to Liquidation Court Confirmation dated of even date herewith between Maker, as buyer, and Old Standard Life Insurance Company, In Liquidation, an Idaho corporation, as seller (the `Agreement"). Maker shall pay the sum of Sixty Thousand and No /100ths Dollars ($60,000.00) upon Maker's issuance of the Notice to Proceed (as defined in the Agreement). In the event that Maker does not deliver a Notice to Proceed by the last day of the Due Diligence Period (as such terms are defined in the Agreement), then this Earnest Money Note shall be promptly returned to Maker by the Title Company. MAKER: THE By: Narr Title: 377110101120/12 pecco pea.3 cshigk moo ylold standard life%rvadr EXHIBIT DISCLOSURE STATEMENT INSTRUCTIONS TO THE SELLER Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write "NA." If the answer is "yes" to any " items, please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five business days, unless otherwise agreed, after mutual acceptance of a written contract to purchase between a buyer and a seller. NOTICE TO THE BUYER THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE PROPERTY LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A (THE "PROPERTY "). SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER. FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON -SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE 3771/010 11/20112 p P".3 cshigleylold Standard lifa%broadM00r APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES. Seller is/ X is not occupying the property. I. SELLER'S DISCLOSURES: If you answer "Yes" to a question with an asterisk (`), please explain your answer and attach documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet. 3n1/010 wzo12 cchigleyWd standard lifelbraadm r Pasco psa.3 1. TITLE AND LEGAL [ ] Yes [ ] No [ ] Don't know A. Do you have legal authority to sell the property? If no, please explain. [ ] Yes [ ] No [ ] Don't know 'B. Is title to the property subject to any of the following: (1) First right of refusal (2) Option (3) Lease or rental agreement (4) Life estate? (] Yes [ ] No (j Don't know `C. Are they any encroachments, boundary agreements, or boundary disputes? [ ] Yes [ ] No [ ] Don't know 'D. Is there any lease parking? [ ] Yes [ ] No [ ] Don't know 'E. Is there a private road or easement agreement for access to the property? [ ] Yes [ I No [ ] Don't know •F. Are there any rights -of -way, easements, shared use agreements, or access limitations? [ ] Yes [ ] No [ I Don't know "G. Are there any written agreements for joint maintenance of an easement or right -of -way? [ ] Yes [ ] No [ ] Don't know `H. Are there any zoning violations or nonconforming uses? [ J Yes [ ] No [ I Don't know `I. Is there a survey for the property? 3n1/010 wzo12 cchigleyWd standard lifelbraadm r Pasco psa.3 [ ] Yes [ ] No [ ] Don't know `J. Are there any legal actions pending or threatened that affect the property? [ J Yes [ ] No [ ] Don't know "K. Is the property in compliance with the Americans with Disabilities Act? 2. WATER [ J Yes (] No [ ] Don't know "Are there any water rights for the property, such as a water right permit, certificate or claim? 3. SEWER/ON -SITE SEWAGE No SYSTEM [ J Yes [ ] Don't know 'Is the property subject to any sewage system fees or charges in addition to those covered in your regularly- billed sewer or on -site sewage system maintenance service? [ ] No 4. STRUCTURAL [I Yes [ ] Don't know 'A. Has the roof leaked within the last five years? [ ] Yes [ ] No () Don't know 'B. Has any occupied subsurface flooded or leaked within the last five years? [ ] Yes [ ] No [ ] Don't know 'C. Have there been any conversions, additions, or remodeling? [ ] Yes [ ] No [ ] Don't know `(1) If yes, were all building permits obtained? [ ] Yes [ ] No [ ] Don't know '(2) If yes, were all final inspections obtained? [) Yes [ ] No [ ] Don't know •D. Has there been any settling, slippage, or sliding of the property of its improvements? 3771/010 1120/12 Pas paa.3 cshigleywld standard life%roadrawr co []Yes [ ] Yes [ ] Yes [ ] Yes (] Yes [ ] Yes [ ] Yes [ ] Yes [ ] Yes [ ] Yes [ ] Yes [ ] No [ ] Don't know *E. Are there any defects with the following: (If yes, please check applicable items and explain). [ ] Foundations [ ] Doors [ ] Ceilings [ ] Sidewalks [ ] Other [ ] Interior Walls (] Slab Floors (] Outbuildings [ j Exterior Walls [ ] Siding [ ] Windows [ j No [x] Don't know 'E. Is there any soil or groundwater contamination? 3771/010 11/20112 Pasco paa.3 cshiae&1d standard OleMt ada 6. SYSTEMS AND FIXTURES []No [ j Don't know *Are there any defects in the following systems? If yes, please explain. [ ] No [ J Don't know (1) Electrical system [ ] No [ ] Don't know (2) Plumbing system [ ] No [ ] Don't know (3) Heating and cooling systems [ j No [ ] Don't know (4) Fire and security system 6. ENVIRONMENTAL [ ] No [xj Don't know *A. Has there been any flooding, standing water, or drainage problems on the property that affect the property or access to the property? [ j No [xj Don't know *B. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? [ J No [x] Don't know *C. Are there any shorelines, wetlands, floodplains, or critical areas on the property? [ ] No [x] Don't know *D. Are there any substances, materials, or products in or on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead - based paint, fuel or chemical storage tanks, or contaminated soil or water? [ j No [x] Don't know 'E. Is there any soil or groundwater contamination? 3771/010 11/20112 Pasco paa.3 cshiae&1d standard OleMt ada [ ] Yes (] No [x] Don't know 'F. Has the property been used as a legal or illegal dumping site? (] Yes [ J No (xJ Don't know 'G. Has the property been used as an illegal drug manufacturing site? 7. FULL DISCLOSURE BY SELLERS A. Other conditions or defects: [ ] Yes []No [ ] Don't know 'Are there any other existing material defects affecting the property that a prospective buyer should now about? B. Verification: The foregoing answer and attached explanations (if any) are complete and correct to the best of my /our knowledge and I /we have received a copy hereof. I /we authorize all of my /our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property. SELLER: OLD STANDARD LIFE SURANCE COMPANY, IN LIQUIDATION, an Idaho corporation Name: �rl )JJ7f,/ cq c Title: ZiOu T. L.rt Date:-// 1G11 3771/010 11120!12 pasty psa 3 Mh99eyi01d standard Iff0broadmoor NOTICE TO BUYER INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS, 11. BUYER'S ACKNOWLEDGMENT A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by utilizing diligent attention and observation. B. The disclosures set forth in this statement and in any amendments to this Statement are made only by the Seller and not by any real estate licensee or other party. C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate information provided by Seller, except to the extent that real estate licensees know of such inaccurate information. D. This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller. E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this disclosure statement below) has received a copy or this Disclosure Statement (including attachments, if any) bearing Seller's signature. DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. 3771/01011/20/12 pasty psa.3 cshigley%old standard Welbroadmaor BUYER: CIT` By: NarT Title Date: 11 - 2)- I'i� The seller disclosure statement shall be for disclosure only, and shall not be considered part of any written agreement between the buyer and seller of residential property. The seller disclosure statement shall be only a disclosure made by the seller, and not any real estate licensee involved in the transaction, and shall not be construed as a warranty of any kind by the seller or any real estate licensee involved in the transaction. 3771/010 11=112 mhi&&Id at"Ord llfa% oedmw pae pm.3