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HomeMy WebLinkAbout2013.12.16 Council Meeting PacketAGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. December 16 2013 I. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance (b) Oath of Office: City Clerk to administer the Oath of Office to Councilmembers: Mike Garrison (District 2); Robert Hoffinann (District 3); Saul Martinez (District 4); Tom Larsen (At- Large, Position 7). 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 December 2, 2013. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of $835,865.32 ($205,088.18 in the form of Electronic Fund Transfer Nos. 0 through 6; and $630,777.14 in the form of Wire Transfer Nos. 2 and 3; and Claim Warrants numbered 195905 through 196000). 2. To approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non - criminal, criminal, and parking) accounts receivable in the total amount of $251,909.18 and, of that amount, authorize $191,658.98 be turned over for collection. (c) Federal Legislative Consulting Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated December 4, 2013. 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. *(d) Cancellation of Workshop Meeting. (NO WRITTEN MATERIAL ON AGENDA) To cancel the December 23, 2013 Workshop Meeting. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND /OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through November 2013. (c) Regular Meeting 2 December 16, 2013 HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) 2013 Budget Supplement: 1. Agenda Report from Dunyele Mason, Finance Manager dated December 2, 2013, 2. Proposed Ordinance Amending the 2013 Operating Budget. 3. Proposed Ordinance Amending the 2013 Capital Improvements Projects Budget. 4. Proposed Resolution Authorizing Interfund Loans. 5. Memo from Finance Manager to City Manager. 6. Exhibit 1, 2013 Budget Supplement Worksheet. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance amending the 2013 Annual Operating Budget of the City of Pasco by providing supplement thereto; by appropriating revenue received in excess of estimated revenues for the current year and by providing transfers and adjustment authority. MOTION: I move to adopt Ordinance No. , amending the 2013 Operating Budget by providing a Revenue Supplement of $9,725,019 and an Expenditure Supplement thereto in the amount of $13,940,276 and, further, to authorize publication by summary only. -AND - Ordinance No. an Ordinance relating to Supplemental Capital Improvement Projects Budget for the Year 2013. MOTION: I move to adopt Ordinance No. amending the 2013 Capital Improvements Budget by providing an Expenditure Supplement thereto in the amount of $18,245,401 and, further, to authorize publication by summary only. -AND - Resolution No, a Resolution authorizing interfund loans from the General Fund to other funds. MOTION: I move to approve Resolution No. _, authorizing temporary interfund loans from the General Fund to the Community Development Grant Fund, the Golf Course Fund and the General Construction Fund for a total amount of $1,870,000. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) 2014 Annual Operating and Capital Projects Budgets: 1. Agenda Report from Dunyele Mason, Finance Manager dated December 11, 2013. 2. Proposed 2014 Annual Operating Budget Ordinance. 3. Proposed 2014 Capital Projects Budget Ordinance. SECOND READING OF THE ORDINANCES Ordinance No. 4129, an Ordinance adopting the City of Pasco Operating Budget for the Year 2014. MOTION: I move to adopt Ordinance No. 4129, adopting the 2014 Annual Operating Budget and, further, to authorize publication by summary only. -AND - Ordinance No. 4130, an Ordinance adopting the City of Pasco Capital Projects Budget for the Year 2014. MOTION: I move to adopt Ordinance No. 4130, adopting the 2014 Capital Projects Budget and, further, to authorize publication by summary only. (b) Non - Represented Wage and Salary Plans: I. Agenda Report from Gary Crutchfield, City Manager dated December 12, 2013. 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 beginning January 1, 2014. MOTION: I move to adopt Ordinance No. , providing for certain adjustments in the Non - Represented, Non - Management wage plan beginning January 1, 2014 and, finther, to authorize publication by summary only. -AND - Ordinance No. , an Ordinance concerning the salaries for Management positions for the calendar year 2014. MOTION: I move to adopt Ordinance No. providing for certain adjustments in the Management salary plan beginning January 1, 2014 and, further, to authorize publication by summary only. Regular Meeting 3 December 16, 2013 *(c) Weekly Claims Processing: 1. Agenda Report from Dunyele Mason, Finance Manager dated December 13, 2013. 2. Proposed Resolution Authorizing the Release of Checks Prior to Council Approval. 3. Proposed Ordinance to Increase City Manager Bond to $50,000. Resolution No. , a Resolution authorizing the City Manager or designee to disburse payments prior to Council's approval of claims in accordance with RCW Chapter 42.24 and the policies and procedures contained herein. MOTION: I move to approve Resolution No. _, authorizing the City Manager or designee to disburse payments prior to Council's approval of claims in accordance with RCW Chapter 42.24. -AND - Ordinance No. , an Ordinance amending Chapter 2.16.030 of the Pasco Municipal Code. MOTION: I move to adopt Ordinance No. to update Pasco Municipal Code 2.16.030 to require the City Manager's bond be increased to $50,000 and, further, to authorize publication by summary only. (d) Resolution No. , a Resolution declaring the City's Legislative Priorities for the 2014 session of the Washington State Legislature. 1. Agenda Report from Gary Crutchfield, City Manager dated December 4, 2013. 2. 2014 Legislative Priorities Resolution. MOTION: I move to approve Resolution No. _, declaring the City's Legislative Priorities for the 2014 session of the Washington State Legislature. *(e) Resolution No. , a Resolution confirming the reappointment of David L. Petersen as Pasco Municipal Court Judge. 1. Agenda Report from Gary Crutchfield, City Manager dated December 11, 2013. 2. Proposed Resolution. 3. Contractual Agreement. MOTION: I move to approve Resolution No._, confirming the City Manager's reappointment of David L. Petersen as Municipal Court Judge. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (a) Sewer System Extension Agreement (Commercial - Kahlotus Service Area): 1. Agenda Report from Mike Pawlak, City Engineer dated December 6, 2013. 2. Vicinity Map. 3. Proposed Agreement. MOTION: I move to approve the sewer system extension agreement with Fifties I, LLC and, further, authorize the City Manager to sign the agreement. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File #...... Q Quasi - Judicial Matter Regular Meeting 4 December 16, 2013 REMINDERS: 1. 4:00 p.m., Monday, December 16, Ben - Franklin Transit Office — Hanford Area Economic Investment Fund Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; SAUL MARTINEZ, Alt.) 2. 6:00 p.m., Monday, December 16, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 3. 7:30 a.m., Tuesday, December 17, 7130 W. Grandridge Blvd — Tri- Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 4. 5:30 p.m., Wednesday, December 18 — Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 5. 4:00 — 6:00 p.m., Thursday, December 19, 1925 N. 2& Avenue — Pasco Chamber of Commerce "Holiday Open House." (ALL COUNCILMEMBERS INVITED TO ATTEND) 6. 4:00 p.m., Thursday, December 19, 7130 W. Grandridge Blvd — TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 11:30 a.m., Friday, December 20 — Benton - Franklin Council of Governments Board Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) 8. 5:00 — 6:00 p.m., Friday, December 20, Chiawana High School — 4A Washington State Football Championship Proclamation Presentation. (MAYOR PRO -TEM REBECCA FRANCIK) 9. 5:30 p.m., Thursday, January 2, P &R Classroom — Parks & Recreation Advisory Board Meeting. (COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.) City Hall will be closed Wednesday, December 25, 2013 and Wednesday, January 1, 2014 The first City Council meeting of the new year will be held Monday, January 6 at 7:00 p.m. REGULAR MEETING CALL TO ORDER: MINUTES PASCO CITY COUNCIL DECEMBER 2, 2013 The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; 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 Metzger, Police Chief; Bob Gear, Fire Chief; Mike Pawlak, City Engineer and Dunyele Mason, Financial Services Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated November 18, 2013. (b) Bills and Communications: To approve General Claims in the amount of $2,416,554.34 ($166,907.60 in the form of Electronic Fund Transfer Nos. 17284, 17338, 17343, 17369 and 17371; and $2,249,646.74 in the form of Wire Transfer Nos. 1375, 1376, 1379 through 1383; and Claim Warrants numbered 195709 through 195904). To approve Payroll Claims in the amount of $3,415,819.94, Voucher Nos. 46274 through 46364 and 80330 through 80339; and EFT Deposit Nos. 30063171 through 30064062. (c) Easement for Utilities from HDG Limited Partnership (MF #ESMT2013- 005): To accept the utility easement from HDG Limited Partnership. (d) Easement for Sidewalk from HDG Limited Partnership (MF #ESMT2013- 004): To accept the sidewalk/access easement from HDG Limited Partnership. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS: Mr. Michael Goines, Executive Director, Downtown Pasco Development Authority, invited all to the Christmas Celebration events on December 13th and 14th in downtown Pasco. REPORTS FROM COMMITTEES AND /OR Mayor Watkins noted Council attended a reception for the 9th District Legislators. Mr. Larsen attended the Emergency Medical Services Board meeting. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 2, 2013 HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 2014 Annual Operating and Capital Projects Budgets. Council and staff discussed the proposed budgets. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED BUDGETS. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 4129, an Ordinance adopting the City of Pasco Operating Budget for the Year 2014. MOTION: Ms. Francik moved for the first reading of Ordinance No. 4129, for consideration of the 2014 Annual Operation Budget. Mr. Garrison seconded. Motion carried unanimously. Ordinance No. 4130, an Ordinance adopting the City of Pasco Capital Projects Budget for the Year 2014. MOTION: Ms. Francik moved for the first reading of Ordinance No. 4130, for consideration of the 2014 Capital Projects Budget. Mr. Garrison seconded. Motion carried 6 -1. No — Larsen. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Ordinance No. 4131, an Ordinance establishing Saint Francis Lane as the name for the new street connecting Chapel Hill Boulevard with Saint Thomas Drive. MOTION: Ms. Francik moved to adopt Ordinance No. 4131, establishing a name for the newly constructed street connecting Chapel Hill Boulevard with Saint Thomas Drive and, further, to authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. Dedication Deed for St. Francis Lane (MF #DEED2013 -008). MOTION: Ms. Francik moved to accept the dedication deed from Tapteal II, LLC for Saint Francis Lane. Mr. Martinez seconded. Motion carried unanimously. Resolution No. 3522, a Resolution of the City Council of the City of Pasco, Washington relating to Local Improvement District No. 149; fixing the time and place for hearing on the Final Assessment Roll for Local Improvement District No. 149; and directing that notice thereof be given in the manner required by law. MOTION: Ms. Francik moved to approve Resolution No. 3522, fixing 7:00 p.m., Monday, January 6, 2014 as the rescheduled time and date to conduct a public hearing to consider the Final Assessment Roll of LID No. 149. Mr. Martinez seconded. Motion carved unanimously. NEW BUSINESS: Sandifur Property Assignment Agreement: Council and staff discussed the details of the proposed agreement. Mr. Larsen abstained from voting on this item, as he knew the former owner of the property. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL 2, 2013 MOTION: Ms. Francik moved to approve the Partial Assignment Agreement with West Pasco LLC and, further, authorize the City Manager to sign the Agreement. Mr. Garrison seconded. Motion carried unanimously. 2013 Sewer Relining — Road 44 Manholes Project: Council and staff discussed the details of the proposed project. MOTION: Ms. Francik moved to award the low bid for the 2013 Sewer Relining — Road 44 Manholes Project, to Realm, Inc., in the amount of $122,066.40 including sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Council and staff discussed the holiday meeting schedule. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:46 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 16th day of December, 2013. CITY OF PASCO Council Meeting of: December 16, 2013 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington the undersigned he certify under penalty of perjury that the materials have been furnished, the rices ran or the bor performed as described herein and that the claim is a just, due and unpaid obli tion against th city and that we are authorized to authenticate and certify to said claim. City riy—eTe Masph, Finance Services Manager � r We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 16 day of December, 2013 that the merchandise or services hereinafter specified have been received: Check Numbers and 195905- 196000 In The Amount Of: $ 630,777.14 Electronic Funds Transfers: 2 -3 Claims Bank Electronic Funds Transfers: General Bank Councilmember In The Amount Of: $ 205,088.18 0 -6 Combined total of $835,865.32 Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL 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 SCHOOL IMPACT FEES SPECIAL ASSESSMNT LODGING LITTER CONTROL REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING ECONOMIC DEVEL & INFRASTRUCT STADIUM/CONVENTION CENTER GENERAL CAP PROJ CONSTRUCTION WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAUDENTAL INSURANCE OLD FIRE PENSION PAYROLL CLEARING LID CONSTRUCTION PUBLIC FACILITIES DIST TRI CITY ANIMAL CONTROL SENIOR CENTER ASSOCIATION GRAND TOTAL ALL FUNDS: 0.00 $ 835,865.32 3(b).1 AGENDA REPORT FOR: City Council ,'` DATE: December 18, 2013 TO: Gary Crutchfield it er REGULAR: December 23, 2013 Rick Terway, Admi ' trati & , ervices Director FROM: Dunyele Mason, Financial Services anager✓� SUBJECT: BAD DEBT WRITE -OFF'S /COLLECTION. I. REFERENCE (S): Write -off and collection lists are on file in the Finance Department. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non - criminal, criminal, and parking) accounts receivable in the total amount of $251,909.18 and, of that amount, authorize $191,658.98 be turned over for collection. RI. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write -offs are under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non - criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un- collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY — These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3(b).2 Amount Direct Referred to Total Write -offs Collection Write -offs Utility Billing $ 122.30 428.24 550.54 Ambulance $ 60,127.90 16,432.74 _ 76,560.64 Court A/R $ .00 171,933.00 171,933.00 Code Enforcement $ .00 2,605.00 2,605.00 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 260.00 260.00 TOTAL: $ 60,250.20 191,658.98 251,909.18 IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3(b).2 AGENDA REPORT TO: City Council FROM: Gary Crutchfi Manager SUBJECT: Federal Legisla vve Consulting Agreement I. REFERENCE(S): 1. Proposed Agreement December 4, 2013 Workshop Mtg.: 12/9/13 Regular Mtg.: 12/16/13 H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/9: Discussion 12/16: 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 12/31/13 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(c) 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 finish 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 Date: 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, 2014 and shall terminate on December 31, 2014. Federal Consulting Agreement Gordon Thomas Honeywell & City of Pasco Page 3 of 3 GENERAL FUND OPERATING STATEMENT THROUGH NOVEMBER 2013 AVAILABLE CASH BALANCE 6,740,538 9,435,473 PERCENTAGE OF BUDGET ALLOCATED FOR 11 MONTHS 92% These statements are intended for Management use only. 'Settlement of fire contract resulted in one time payment of back wages and benefits. 6(b) YTD 2013 % OF YTD TOTAL % OF 2013 ORIGINAL ANNUAL 2012 2012 TOTAL ACTUAL BUDGET BUDGET ACTUAL BUDGET ACTUAL REVENUE SOURCES: TAXES: PROPERTY 6,425,711 6,400,000 100.4% 6,119,674 6,200,000 98.7% SALES 8,813,990 8,195,000 107.6% 8,079,575 8,265,000 97.8% PUBLIC SAFETY 1,043,601 1,000,000 104.4% 575,689 0 UTILITY 7,255,513 7,798,000 93.0% 7,262,216 7,751,660 93.7% OTHER 1,029,014 1,065,000 96.6% 995,622 1,035,000 96.2% LICENSES & PERMITS 1,461,279 1,108,200 131.9% 1,522,631 1,093,700 139.2% INTERGOV'T REVENUE 1,578,943 1,495,150 105.6% 1,620,130 1,679,700 96.5% CHARGES FOR SERVICES 4,263,745 4,498,459 94.8% 3,787,390 4,531,330 83.6% FINES & FORFEITS 841,521 794,650 105.9% 772,963 977,200 79.1% MISC. REVENUE 565,017 631,450 89.5% 663,425 673,245 98.5% OTHER FINANCING SOURCES 129,224 1,295,303 10.0% 148,442 138,000 107.6% TOTAL REVENUES 33,407,558 34,281,212 97.5% 31,547,757 32,344,835 97.5% BEGINNING FUND BALANCE 8,546,455 7,573,573 10,649,694 10,143,620 TOTAL SOURCES 41,954,013 41,854,785 100.2% 42,197,451 42,488,455 99.3% EXPENDITURES: CITY COUNCIL 99,820 121,315 82.3% 103,390 118,807 87.0% MUNICIPAL COURT 1,292,162 1,376,639 93.9% 1,216,110 1,332,334 91.3% CITY MANAGER 950,229 962,755 98.7% 880,603 951,034 92.6% POLICE 10,819,710 12,096,846 89.4% 9,815,645 11,451,115 85.7% FIRE 4,260,644 4,431,366 96.1% 3,962,646 4,164,541 95.2% FIRE- RETRO' 862,171 ADMIN & COMMUNITY SVCS 5,929,775 6,022,454 98.5% 5,796,464 6,201,703 93.5% COMMUNITY DEVELOPMENT 1,144,096 1,332,076 85.9% 1,075,852 1,208,878 89.0% ENGINEERING 1,519,422 1,535,558 98.9% 1,244,840 1,514,469 82.2% MISC. NON - DEPARTMENT 4,968,118 8,125,335 61.1% 5,776,154 7,469,966 77.3% LIBRARY 1,053,784 1,148,380 91.8% 1,051,362 1,148,380 91.6% TOTAL EXPENDITURES 32,899,931 37,152,724 88.6% 30,923,066 35,561,227 87.0% ENDING FUND BALANCE 9,054,082 4,702,061 11,274,385 6,927,228 TOTAL EXPEND & END FUND BAL 41,954,013 41,854,785 42,197,451 42,488,455 AVAILABLE CASH BALANCE 6,740,538 9,435,473 PERCENTAGE OF BUDGET ALLOCATED FOR 11 MONTHS 92% These statements are intended for Management use only. 'Settlement of fire contract resulted in one time payment of back wages and benefits. 6(b) AGENDA REPORT December 2, 2013 FOR: City Council Workshop Meeting: 12/912 Regular Meeting: 12/16/12 TO: Gary Crutch 1d, Manager FROM: Dunyele Mason FinanVial Services Manager SUBJECT: 2013 BUDGET SUPPLEMENT I. REFERENCE(S): A) Proposed ordinance amending the 2013 Operating Budget B) Proposed ordinance amending the 2013 Capital Improvements Projects Budget C) Proposed resolution authorizing Interfund Loans D) Memo from Financial Services Manager to City Manager E) Exhibit 1 — 2013 Budget Supplement Worksheet II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: December 9: Discussion December 16: Public Hearing MOTION: I move to adopt Ordinance No. amending the 2013 Operating Budget by providing a Revenue Supplement of $9,725,019 and an Expenditure Supplement thereto in the amount of $13,940,276 and to authorize publication by summary only. MOTION: I move to adopt Ordinance No. amending the 2013 Capital hnprovements Budget by providing an Expenditure Supplement thereto in the amount of $18,245,401 and to authorize the publication by summary only. MOTION: I move to approve Resolution No. , authorizing temporary inter - fund loans from the General Fund to the Community Development Grant Fund, the Golf Course Fund and the General Construction Fund for a total amount of $1,870,000. III. FISCAL IMPACT: See attached Exhibit 1— 2013 Budget Supplement Summary IV. HISTORY AND FACTS BRIEF: The items recommended to be included in the Supplemental Budget are for expenditures that were unanticipated or indeterminable at the time of the 2013 Budget preparation. Resources for the expenditures are: 1. Unanticipated revenue 2. Contributions from other funds 3. Ending fund balances V. DISCUSSION: Please see attached memo from the Financial Services Manager to the City Manager. 7(a) ORDINANCE NO. AN ORDINANCE AMENDING THE 2013 ANNUAL OPERATING BUDGET OF THE CITY OF PASCO BY PROVIDING SUPPLEMENT THERETO; BY APPROPRIATING REVENUE RECEIVED IN EXCESS OF ESTIMATED REVENUES FOR THE CURRENT YEAR AND BY PROVIDING TRANSFERS AND ADJUSTMENT AUTHORITY. WHEREAS, staff has identified the need to make certain revisions to the 2013 Annual Operating budget originally adopted through Ordinance No. 4081 on December 17, 2012, and WHEREAS, a Public Hearing has been held subsequent to due notice, and the City Council has, after consideration, deemed the proposed Supplement to the Annual Operating Budget necessary and appropriate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. Pursuant to RCW 35A.33.120, the 2013 Operating Budget be and the same is hereby amended to provide for the following adjustments to revenue and expenditures, and by providing authority for any necessary transfer of money within or between funds indicated. FUND REVENUES EXPENSES GENERAL FUND 1,500,000 4,754,808 STREET FUND 828,870 777,341 ARTERIAL STREET FUND - 1,110,473 I -182 CORRIDOR TRAFFIC IMPACT - 247,613 CD GRANT FUND 327,630 124,657 AMBULANCE FUND 737,000 497,961 CEMETERY FUND 47,000 42,000 GOLF COURSE FUND 50,000 - SENIOR CENTER FUND 19,000 16,000 SCHOOL IMPACT FEE FUND 1,468,000 1,468,000 RIVERSHORE TRAIL & MARINA FUND 25,000 25,000 SPECIAL ASSESSMENT LODGING - 54,000 PARK DEVELOPMENT - 20,000 CAPITAL IMPROVEMENT FUND - 151,304 ECONOMIC DEVELOPMENT FUND - 490,000 LID DEBT FUND - 5,311 GENERAL CONSTRUCTION FUND 3,861,519 3,192,570 WATER /SEWER UTILITY FUND 250,000 188,238 GOVT EQUIPMENT REPLACE FUND 42,000 350,000 BUSINESS EQUIPMENT REPLACE FUND 158,000 - MEDICAL DENTAL FUND OLD FIRE PENSION 411,000 370,000 - 55,000 TOTAL CITY WIDE OPERATING BUDGET 9,725,019 13,940,276 The above items are shown as revenues and appropriations to specific budgets and items within budgets in the attachment marked "Exhibit 1— 2013 budget Supplement' the Expenditure /Revenue detail, which is incorporated herein as though fully set forth. §2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above and in the Exhibit and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provisions of this Ordinance. §3. This Ordinance shall take effect five (5) days after passage and publication. Adopted by the City Council of the City of Pasco, on this 16th day of December, 2013. City of Pasco: Matt Watkins, Mayor Attest: Debra Clark, City Clerk Approved As To Form: Leland B. Kerr, City Attorney ORDINANCE NO. AN ORDINANCE RELATING TO SUPPLEMENTAL CAPITAL IMPROVEMENT PROJECTS BUDGET FOR THE YEAR 2013. WHEREAS, staff has identified the need to make certain revisions to the 2013 Capital Improvement budget originally adopted through Ordinance No. 4082 on December 17, 2012, and WHEREAS during the year 2013 additional capital improvement expenditures became necessary that were unanticipated and a need exists requiring a Supplement to provide for such expenditure authority, and WHEREAS a Public Hearing has been held subsequent to due notice, and the City Council has after consideration, deemed the proposed Supplement to the Capital Improvements Projects Budget necessary and appropriated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §l. The following capital improvement projects hereby authorized, budgets amended and projects closed as detailed below: Project Title Fire Ladder Truck Three Rivers Park Lewis Street Demolish - Phase 1 Dual RT SB Road 68 Traffic Signal Controller Upgrade Butterfield WTP - Travelling Screens Waterline Ext - Broadmoor Tank W WTP - Primary Clarifier No. 3 PWRF Phase 3 - Screw Press PWRF Phase 3 - Winter Storage Pond (30 MG) PWRF Phase 5 - EQ Basin Rebuild 2013 Well House - First Place Current Authority Change In New Total Authority Authority - 768,160 768,160 - 10,000 10,000 - 388,214 388,214 - 75,000 75,000 - 75,000 75,000 - 391,000 391,000 - 120,000 120,000 - 20,000 20,000 255,000 255,000 487,000 487,000 500,000 500,000 200 200 Total New 2013 Projects 3,089,574 3,089,574 Current Change In New Total Proiect Title Authority Authority Authority CONTINUING PROJECTS WITH 2013 INCREASES Muni Courthouse 3,105,292 378,036 3,483,328 Financial System - HR & Payroll 170,120 27,642 197,762 Financial System - Financials 197,940 35,274 233,214 Road 68 Improvements (Phase 11) 666,963 358,037 1,025,000 Oregon Ave (SR397) - Phase 1 230,400 117,330 347,730 Powerline Road 915,907 100,000 1,015,907 Interconnect Road 68 Signals 200,000 45,000 245,000 4th Ave Corridor - North Segment 748,850 78,500 827,350 2011 STP Grant Overlays 1,116,152 125,000 1,241,152 Columbia Water Supply Project 571,273 33,494 604,767 2011 Filtrat Plant Improv (Storage Bldg) 105,300 95,200 200,500 Lift Station - Commercial & Kahlotus Hwy 1,371,990 - 1,371,990 2013 Annual Sewer Line Re- lining Program 695,000 23,476 718,476 PWRF Plant - Phase 2 - Sed Basin 940,000 143,530 1,083,530 PWRF Phase 3 - Anaerobic Pond 1,350,000 750,000 2,100,000 Total Continuing Projects with 2013 Increases 12,385,187 2,310,519 14,695,706 PROJECTS CLOSING IN 2013 City Hall Cooling Tower Replacement 220,000 - 220,000 Memorial Playground Equipment 70,000 60,000 130,000 4th Ave South Street Improve 1,357,126 (29,718) 1,327,408 St Ignatius Street 105,300 105,300 LID#149 Kurtzman - STREETS 758,799 (41,678) 717,121 2012 Alley Hard Surfacing (Chip Sealing) 20,000 (6,964) 13,036 2013 Alley Hard Surfacing (Chip Sealing) 140,000 (14,937) 125,063 ADA Access Handicap Ramp Retrofit 182,240 (182,240) - West Side Water Treatment Plant 12,760,528 12,760,528 2010 WWTP Improvement 1,654,851 1,654,851 Water Fill Station 104,904 - 104,904 2013 Meter Replace & Cross Connect 150,000 150,000 Riverview Pump Station 50,000 (4,000) 46,000 Water Line Replace - Road 56 (Court/Sylvester) 205,600 105,082 310,682 Com'I/U.S 12/Lewis St Water Line 507,000 (243,647) 263,353 Broadmoor Transmission Waterline 1,188,800 (1,165,681) 23,119 Annual Water Line Upsize Match 75,000 (50,000) 25,000 NW Common Lift Stations 70,706 20,046 90,752 Road 44 Sewer Odor Control 41,000 26,894 67,894 2013 Annual Sewer Line Extensions 200,000 (79,342) 120,658 2012 Annual Sewer Re- Lining - 5th Ave 215,000 11,430 226,430 LID#149 Kurtzman- STORM 45,000 - 45,000 Linda Loviisa Well Rehabilitation 163,339 24,684 188,023 2013 Annual Irrigation Line Extensions 100,000 - 100,000 Total Closing Projects 5,969,814 12,845,308 18,815,122 T TAL TOTAL INCREASES DECREASES $ 20,063,608 $ (1,818,207) §2. This Ordinance shall take effect five (5) days after passage and publication. Adopted by the City Council of the City of Pasco, on this 16th day of December, 2013. City of Pasco: Matt Watkins, Mayor Attest: Debra Clark, City Clerk Approved As To Form: Leland B. Kerr, City Attorney RESOLUTION NO. A RESOLUTION AUTHORIZING INTERFUND LOANS FROM THE GENERAL FUND TO OTHER FUNDS. WHEREAS, the City Council of the City of Pasco has, pursuant to RCW 35.33.121, found that it is in the best interest of the City to lend funds from the General Fund to the Community Development Grant Fund, the Golf Course Fund and the General Construction fund and to provide for the repayment thereof, and NOW, THEREFORE, THE CITY OF PASCO, WASHINGTON HEREBY RESOLVES AS FOLLOWS: Authorization for loans. The Financial Services Manager of the City of Pasco is hereby authorized and directed to make the following loans from the City of Pasco funds as follows: (A) From the General fund to the Community Development Grant fund in the amount of $320,000 to ensure positive fund balance as of 12/31/13. (B) From the General fund to the Golf Course fund in the amount of $50,000 to provide positive fund balance as of 12/31/13. (C) From the General fund to the General Construction fund in the amount of $1,500,000 to provide positive fund balance as of 12/31/13. 2. Terms and Memorialization. The effective dates of the loans shall be as listed below. This resolution shall constitute memorialization of these loans and their terms. (A) Disbursement is authorized as of 12/31/13 and repayment is due as of 1/1/2014. The interest rate is zero percent (0 %). (B) Disbursement is authorized as of 12/31/13 and repayment is due as of 1/1/2014. The interest rate is zero percent (0 %). (C) Disbursement is authorized as of 12/31/13; the interest rate set at 0% with a due date of 1/1/2014. PASSED by the City Council of the City of Pasco, Washington, this 16th day of December 2013. SIGNED in authentication of its passage this 166 day of December, 2013 Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney 2013 Operating & Capital Budget Supplement Memorandum Date: December 2, 2013 To: Gary Crutchfield, City Manager Rick Terway, Administrative & Community Services Director From: Dunyele Mason, Financial Services Manager Subject: 2013 OPERATING AND CAPITAL IMPROVEMENTS PROJECTS BUDGET SUPPLEMENT As is traditionally the case, a budget supplement is required to increase the legal spending authority for those items unanticipated or indeterminable at the time the 2013 Annual Operating and Capital Improvements Projects Budgets were adopted. 2013 OPERATING BUDGET SUPPLEMENT Resources for the 2013 Operating Budget Supplement will be unanticipated revenue, contributions from active funds, and beginning fund balance. The budget supplement ordinance will only list those funds that will actually increase revenue and/or expenditure amounts. GENERAL FUND The following departments require additional authority to cover unanticipated expenditures. Please refer to the attached Exhibit to see the affected line items. The major changes by department in the General Fund are described below. $1,500,000 of these additional expenditures is covered by 2013 revenues in excess of original budget and by $3,816,808 use of ending fund balance. Significant net changes in Department budgets are as follows: Fire Department $1,146,000 NonDepartmental $3,608,808 Total General Fund $4,754,808 The Fire Department increase of $1,146,000 is related to: • $771,000 higher wage costs due to contract settlement. • $375,000 higher overtime due to employees on extended disability leave. The NonDepartmental increase of $3,608,808 is primarily related to: • $717,178 in additional transfers to support various new capital and construction projects; including $378,036 (Muni Court) and $181,000 (40' Ave South) projects. • $1,870,000 in overnight loans. $1,500,000 is to the construction fund and $320,000 to CDBG fund until grant qualified expenditures are reimbursed. The $50,000 loan to the Golf Course Fund is a contingency loan in case December season pass sales don't sell at the same levels as in past years. 2013 Operating & Capital Budget Supplement Memorandum OTHER OPERATING FUNDS STREET FUND Budget changes for this fund all relate to various street related maintenance projects and studies. Revenue changes consist of transfers in and grants. Some examples of these projects are Annual Sidewalk Maintenance, Pasco Safe Routes, Court Street ADA improvements, Road 68 re- striping, etc. ARTERIAL STREET FUND The Arterial Street fund provides project funding for construction work done on major streets. $800,000 of the $1,110,473 change is funding for the Powerline Road project started in 2013. I -182 CORRIDOR TRAFFIC IMPACT FUND The I -182 Corridor Traffic Impact fund provides project funding for construction projects. Funding was provided for the Powerline Road and Road 68 Phase II projects. COMMUNITY DEVELOPMENT GRANT FUND The Community Development Block Grant Program requires $240,000 and the HOME Program $80,000 in interfund loans in order for the fund to have positive cash balance at year end. As a grant fund, expenditures are made first and the grant reimbursement comes after the end of the year. The loan will be repaid in January 1, 2014. $124,657 was transferred to the Street fund to help pay for the Court St ADA project. $7,630 of expenditures related to grant work but which did not qualify as grant reimbursable was funded by a transfer from the General Fund. AMBULANCE FUND A total expenditure budget increase of $497,961 is needed for the ambulance fund. Extended medical time loss and wage contract settlement have pushed personnel costs $521,000 over original budget. The overnight loan of $48,000 from last year which was paid on January 1, 2013 is also provided for. In order to cover additional costs and to reestablish a minimum fund balance, the general fund transferred $737,000 of additional funding to the ambulance fund. CEMETERY FUND The level of business at the cemetery was more than originally planned for resulting in additional revenue ($47,000) and related cost ($42,000) increases. 2013 Operating & Capital Budget Supplement Memorandum GOLF COURSE FUND The golf course is expected to break even for the year, however that depends heavily on the timing of sale of season passes. The timing of season pass sales could easily shift between December and January so, just to be conservative, a $50,000 overnight loan is budgeted for to avoid the risk of ending the year with a negative cash balance. If sales occur as planned in December then the overnight loan will not occur. SENIOR CENTER FUND Additional programs created more revenues and more program related costs than originally budgeted. This fund is expected to operate with a $39 thousand dollar deficit for 2013. A $10,000 transfer from the General Fund as well as fund balance was used to fund the deficit. SCHOOL IMPACT FEE FUND This was a new fund that was created in 2012 when the new school impact fee was approved. This fund works as a conduit as the amounts collected from the impact fee less a small administrative charge are passed through to the school district. Since the impact fee is related to construction, and since it was a new fee the 2013 original budget estimate was very low. The budget adjustment affects both revenues and expenses and simply provides the spending authority to pass through the actual dollars collected. RIVERSHORE TRAIL & MARINA FUND Major repairs were made to the restrooms and no fund balance was available. Thus the costs were paid for by a transfer from the general fund. SPECIAL ASSESSMENT LODGING FUND As revenues came in higher than originally planned, expenditures are also higher to the Tri- Cities Visitor and Convention Bureau as they are paid based on a percentage of revenues collected. PARK DEVELOPMENT FUND This fund collects park development fees and this year contributed $20,000 to the construction fund to help pay for the Three Rivers Park and Memorial Playground Equipment projects. 2013 Operating & Capital Budget Supplement Memorandum CAPITAL IMPROVEMENT FUND This fund also contributed $10,000 to the Three Rivers Park project, $10,000 to the Memorial Playground Equipment project and $131,304 to additional work on the Lewis St Overpass project. ECONOMIC DEVELOPMENT FUND $180,000 is budgeted for the purchase of a half of farm circle to support the Process Water Reuse Facility (PWRF). Also, $60,000 was used in 2013 to acquire an option to purchase land originally intended for the Regional PFD Aquatics Center. Lastly, $250,000 was transferred to the Water /Sewer Utility fund to pay for oversizing capacity increases in the PWRF improvement projects. LID DEBT FUND This fund provides temporary financing for LID construction. Construction during the current year was slightly higher than budgeted which results in an additional transfer of $5,311. GENERAL CONSTRUCTION FUNDS This fund collects funds from a variety of sources and constructs non - utility projects. Once projects start other funding sources (e.g. grants) may come available. When projects are finished under budget then additional funds are available to return from the construction fund. The 2013 Supplemental Budget of $3,192,570 relates to a variety of projects and generally represents change in timing of expenditures between budget years. These expenditures are reflected and offset by various funding (revenue) transfers to reflect updated construction schedules and return of city funding replaced by federal grant funding. WATER/SEWER UTILITY FUND There are a variety of changes to transfers out to fund capital activities. There is a net $30,238 related to settling up the cost of the financial system software replacement project and $158,000 to provide additional replacement cost funding for four new vehicles. Two of the vehicles are for the new Hydrant Maintenance and Sewer Pre - Treatment programs. EQUIPMENT REPLACEMENT (GOV'T) FUND $25,000 was provided in 2013 as a transfer in to the equipment replacement fund so that the vehicles for the new Chief Groundsman could be purchased in early 2014. A $17,000 van for 4 2013 Operating & Capital Budget Supplement Memorandum engineering was funded and purchased in 2013. An additional $333,000 was spent to acquire a Ladder Truck for the fire department. EQUIPMENT REPLACEMENT (UTILITY) FUND The utility transferred $158,000 to the Equipment Replacement fund to provide for vehicles for the new Hydrant Maintenance and Sewer Pre - Treatment programs and to provide additional funding to purchase 3/< ton truck with service box for the irrigation maintenance crew. Purchases are budgeted to occur in 2014. MEDICAU/DENTAL INSURANCE FUND The city is self - insured for employee medical, dental and vision. Claims to date have been higher than expected. To provide adequate funding ($411,000) to cover higher costs ($370,000) and to start replenishing reserves to legally required levels premiums were increased three times during the current year. December monthly premiums are nearly 30% higher than they were in January 2013. 2013 CAPITAL IMPROVEMENT BUDGET SUPPLEMENT Some projects will be complete by the end of 2013 and will be closed and removed from the Capital Improvement Budget. Also, during the course of the year some capital improvements projects exceed their original appropriation and some are new and thus not included in the 2013 Capital Improvements Projects Budget. Therefore, a supplement to the 2013 Capital Improvements Projects Budget is required. The total amount of projects with increased authority is $20,063,608. Projects which are closing and reduce the budget total $3,433,544. New projects total $3,089,574 in new budget, continuing projects require increases of $2,083,543 and the net effect of closing projects total $11,456,947. The total overall change in the Capital Improvement Budget is $16,630,064. The amounts are larger than in the past because two major projects (West Side Water Treatment Plant of $12,760,528 & 2010 Wastewater Treatment Plant Improvements of $1,654,851) were closed and removed from the Capital Improvement Budget in the prior year but were not finished. Thus the full project budget appears in the current year as an addition to budget as well as being included to close in 2013. Account Description GENERALFUND FIRE Wages Overtime NONDEPARTMENTAL Sales tax Building permits Interfund loans Interfund loans Interfund loans Transfer to Street Fund Transfer to CDBG Transfer to Ambulance fund EXHIBIT 1 - 2013 Operating Budget Supplement REVENUES EXPEND FUND BAL Explanation 771,000 Contract settlement and L &I coverage 375,000 Contract settlement and L &I coverage Total Fire - 1,146,000 900,000 600,000 320,000 50,000 1,500,000 300,000 7,630 737,000 Transfers in - Subsidy 10,000 Transfer to Boat Basin 25,000 Transfer to ER fund 17,000 Transfer to ER fund 25,000 Transfers Out for Projects 617,178 Total NonDepartmental 1,500,000 3,608,808 TOTAL GENERAL FUND 1„500,000 4,754,808 (3,254,808) STREET FUND Quick Response Safety Grant 428,000 Transfers in - Subsidy 300,000 Transfers in for Projects 100,870 Project Services 67,184 Project Services 138,500 Interfund Engineering 19,000 Project Services 284,240 Interfund Engineering 142,000 Project Items 126,417 TOTAL STREET FUND 828,870 777,341 51,529 ARTERIAL STREET FUND Transfers Out for Projects 1,110,473 TOTAL ARTERIAL STREET FUND 1,110,473 (11110,473) I -182 Corridor Traffic Impact Transfers Out for Projects 247,613 TOTAL 1 -182 Cooridor 247,613 (247,613) CD GRANT FUND Transfer from Gen'l Fund 7,630 Interfand loans 240,000 Interfund loans 80,000 Transfer out to Streets 124,657 TOTAL CDBG FUND 327,630 124,657 202,973 CDBG Fund cash flow overnight loan Golf Course overnight loan Construction Fund overnight loan (grants) Restore fund balance Charges not paid by Grant Restore fund balance, Contract settlement, L &I To provide adequate fund balance Sr. Center Restroom project Purchase van for Engineering Purchase truck for Chief Groundsman Court St ADA Upgrade General Fund 1st & A Street Crossing Improvements Pasco Safe Routes Phase 1 Pasco Safe Routes Phase l Court St ADA Upgrade Court St ADA Upgrade Court St ADA Upgrade Charges not paid by Grant CDBG Program cash flow overnight loan HOME Program cash flow overnight loan Court St ADA Upgrade 12/5/2013 8:48 AM \ \nu \FinmW\A FINANCE MANAGER \BUDGET- DM\SUPPLEMENTS\2013 SUPP \20135UPPL BUDGET. %ISM Account Description AMBULANCE FUND Transfer in - Subsidy Wages Overtime LEOFF State Industrial Medical 2013 Operating Budget Supplement REVENUES EXPEND FUND OAL 737,000 345,000 125,000 32,000 14,000 5,000 Interfund loan repayment 48,000 Transfers Out for Projects (71,039) TOTAL AMBULANCE FUND 737,000 497,961 239,039 CEMETERY FUND Explanation Restore fund balance, Contract settlement, L &I Contract settlement and L &I coverage Contract settlement and L &I coverage Contract settlement and L &I coverage Contract settlement and L&I coverage Contract settlement and L &I coverage Repay overnight loan from last year end Liners & Markers 11,000 TOTAL PARK DEVELOP FUND More business than originally budgeted. Other Cemetery Services 18,000 - More business than originally budgeted. Headstones 18,000 SENIOR CENTER FUND More business than originally budgeted. Wages 12,000 More business than originally budgeted. Overture More programs than originally budgeted. 4,000 More business than originally budgeted. Cemetery Items To provide adequate fund balance 20,000 More business than originally budgeted. Miscellanous Services Expanded services 6,000 More business than originally budgeted. TOTAL CEMETERY FUND 47,000 42,000 5,000 GOLF COURSE FUND Interfund loans 50,000 TOTAL PARK DEVELOP FUND Cash flow overnight loan TOTAL GOLF COURSE FUND 50,000 - 50,000 TOTAL CAPITAL IMPROVE FUND - 151,304 (151,304) SENIOR CENTER FUND Miscellaneous Revenues 9,000 More programs than originally budgeted. Transfers in - Subsidy 10,000 To provide adequate fund balance Wages 3,000 Expanded services Recreation Services 2,000 Expanded services Program Services 9,000 Expanded services Administrative Charge Backs 2,000 Expanded services TOTAL SENIOR CENTER FUND 19,000 16,000 3,000 SCHOOL IMPACT FEE FUND School District Pass Through 1,468,000 1,468,000 TOTAL SCHOOL IMPACT FUND 1,468,000 1,468,000 - RIVERSHORE TRAH, & MARINA Transfer from General Fund 25,000 To provide adequate fund balance Wad 5,000 Consistent with past years' costs Repair & Maintenance 20,000 Restroom repairs TOTAL RIVERSHORE MARINA FUND 25,000 25,000 - SPECIAL ASSESSMENT LODGING Organizational Services 54,000 Higher tourism than planned. TOTAL SPEC ASSESSMENT FUND - 54,000 (54,000) PARK DEVELOPMENT FUND Transfers Out for Projects 20,000 TOTAL PARK DEVELOP FUND - 20,000 (20,000) CAPITAL IMPROVEMENT FUND Transfers Out for Projects 151,304 TOTAL CAPITAL IMPROVE FUND - 151,304 (151,304) 1215/2013 8:48 AM \ \nu \Flnano \A FINANCE MANAGER \BUDGET- DM\$UPPLEMENTS\2013 SUPP\2013 SUPPL BUDGETxIsx 2013 Operating Budget Supplement Account Description REVENUES EXPEND FUND OAL Explanation ECONOMIC DEVELOPMENT Land 180,000 Farm half - circle purchase Land 60,000 Land purchase option Transfer out 250,000 PWRF project commitment TOTAL ECONOMIC DEVELOP FUND - 490,000 (490,000) LID DEBT FUND Transfers Out for Projects 5,311 TOTAL LID DEBT FUND - 5,311 (5,311) GENERAL CONSTRUCTION FUND Interfund loans 1,500,000 Private Contribution 50,000 Private Contri (102,500) 30,238 210,424 TOTALWATER/SEWER UTILITY FUND 250,000 Safety Grant STP Grants bution - Franklin PUD 728,108 Transfers In for Projects 1,475,487 Construction Spending 3,192,570 TOTAL GEN'L CONSTRUCTION FUND 3,861,519 3,192,570 668,949 WATER/SEWER UTILITY FUND Transfer in from Economic Dev 250,000 Memorial Playground Grant - Tire Company 4th Ave Corridor - PUD Wall Road 68 Phase 11 PWRF capital contribution Transfer to Equip Replace Fund 58,000 158,000 Fund new purchases Transfers Out for Projects New Hydrant Progam vehicle 30,238 30,000 TOTALWATER/SEWER UTILITY FUND 250,000 188,238 61,762 TOTAL UTILITY EQUIP REPL FUND 158,000 - GOVT EQUIPMENT REPLACEMENT FUND OLD FIRE PENSION FUND Transfer to ER fund 25,000 55,000 Fire contract settlement effect Truck for Chief Groundsman Transfer from General Fond 17,000 Van for Engineering Purchase Van for Engineering 17,000 Van for Engineering Purchase Fire Truck 333,000 Ladder Truck TOTAL GOVT EQUIP REPL FUND 42,000 350,000 (308,000) UTILITY EQUIPMENT REPLACEMENT FUND Transfer to ER Fund 58,000 Stomtwater purchase of used CCTV truck Transfer to ER Fund 48,000 New Hydrant Progam vehicle Transfer to ER Fund 30,000 New Pre Treatment Program Transfer to ER Fund 22,000 3/4 ton w /Service Box for Irrigation TOTAL UTILITY EQUIP REPL FUND 158,000 - - MEDICALMENTAL FUND Medical Interfund Premium 255,000 Medical Interfund Employee Contrib 52,000 Dental Interfund Premium 104,000 Medical/Dental Claim Expenses 370,000 TOTAL MED/DENTAL FUND 411,000 370,000 41,000 OLD FIRE PENSION FUND Pensions 55,000 Fire contract settlement effect - 55,000 (55,000) 12/5/20138:48 AM \ \nu \Finance\A FINANCE MANAGER \8UMU - DM \SUPPLEMEWS\20135UPP\30135UPPL BUDGETAm AGENDA REPORT FOR: City Council (A' December 11, 2013 TO: Gary CrutchfiZxlger Regular Meeting: 12/16/13 Rick Terway, A & omm ervices Director FROM: Dunyele Mason Financial Services Manager��\ SUBJECT: 2014 ANNUAL OPERATING AND CAPITAL PROJECTS BUDGETS I. REFERENCE(S): A) Proposed 2014 Annual Operating Budget Ordinance. B) Proposed 2014 Capital Projects Budget Ordinance. II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATION: 12/16: Second Reading of Ordinances MOTION: I move to adopt Ordinance No.4129, adopting the 2014 Annual Operating Budget and authorize the publication by summary only. MOTION: I move to adopt Ordinance No. 4130, adopting the 2014 Capital Projects Budget and to authorize the publication by summary only. III. FISCAL IMPACT: A) $143,744,293 - Annual Operating Budget B) $ 43,071,706 - Capital Projects Budget IV. HISTORY AND FACTS BRIEF: The 2014 Preliminary Budget was discussed at the Council workshop meeting held on November 12, 2013. 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. On December 2, 2013 following a brief presentation of the Operating and Capital Projects Budgets, a Public Hearing was held. Following the Public Hearing it was moved for the first reading of the two budget ordinances and ordinance numbers were assigned. There were no public comments nor was there any testimony for or against the passage of either ordinance. A copy of the 2014 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 Public Hearing held on December 2, 2013. 8(a) ORDINANCE NO. 4129 AN ORDINANCE ADOPTING THE CITY OF PASCO OPERATING BUDGET FOR THE YEAR 2014 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 2014; 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 2014 is hereby adopted FUND EXPENDITURE REVENUE GENERAL FUND $ 44,487,687 $ 44,487,687 CITY STREET FUND 2,688,151 2,688,151 ARTERIAL STREET FUND 646,606 646,606 1 -182 CORRIDOR TRAFFIC IMPACT FUND 1,183,787 1,183,787 STREET OVERLAY FUND 3,713,352 3,713,352 COMMUNITY DEVELOPMENT GRANT FUND 1,438,668 1,438,668 M.L. KING JR. COMMUNITY CENTER FUND 193,051 193,051 AMBULANCE SERVICES FUND 4,139,338 4,139,338 CITY VIEW CEMETERY FUND 325,225 325,225 BOULEVARD PERPETUAL MAINTENANCE FUND 2,055,556 2,055,556 ATHLETIC PROGRAM FUND 268,419 268,419 GOLF COURSE 1,696,935 1,696,935 SENIOR CENTER OPERATING FUND 332,459 332,459 MULTI -MODAL FACILITY FUND 162,948 162,948 SCHOOL IMPACT FEES 1,502,448 1,502,448 RIVERSHORE TRAIL & MARINA MAINTENANCE FUND 28,839 28,839 SPECIAL LODGING ASSESSMENT FUND 209,494 209,494 LITTER ABATEMENT FUND 16,309 16,309 REVOLVING ABATEMENT FUND 345,799 345,799 TRAC DEVELOPMENT & OPERATING FUND 370,228 370,228 PARK DEVELOPMENT FUND 1,977,203 1,977,203 CAPITAL IMPROVEMENTS FUND 3,741,935 3,741,935 ECONOMIC & INDUSTRIAL DEVELOPMENT FUND 2,154,297 2,154,297 STADIUM/ CONVENTION CENTER FUND 401,229 401,229 LID DEBT SERVICE FUND 4,425,603 4,425,603 G.O. BOND DEBT SERVICE FUND 475,363 475,363 GENERAL CAPITAL PROJECTS 9,234,070 9,234,070 WATER / SEWER UTILITY FUND 35,732,009 35,732,009 EQUIPMENT RENTAL OPERATIONS FUND - GOVERNMENT TYPE 1,067,716 1,067,716 EQUIPMENT RENTAL OPERATIONS FUND - PROPRIETARY TYPE 542,883 542,883 EQUIPMENT RENTAL REPLACEMENT FUND - GOVERNMENT TYPE 5,734,327 5,734,327 EQUIPMENT RENTAL REPLACEMENT FUND - PROPRIETARY TYPE 2,707,832 2,707,832 MEDICAL/ DENTAL INSURANCE FUND 6,395,858 6,395,858 CENTRAL STORES FUND 12,846 12,846 CITY VIEW CEMETERY ENDOWMENT 451,525 451,525 OLD FIRE MEDICAL (OPEB) 1,443,855 1,443,855 OLD FIREMEN'S PENSION TRUST FUND 1,440,443 1,440,443 GRAND TOTAL ALL FUNDS $ 143,744,293 143,744,293 Section Two. This Ordinance shall be in full force and effect on January 1, 2014. PASSED by the City Council of the City of Pasco this 16th day of December, 2013. ATTEST: Debra L. Clark, City Clerk Matt Watkins, Mayor Approved as to Form: Leland B. Kerr, City Attorney ORDINANCE NO. 4130 AN ORDINANCE ADOPTING THE CITY OF PASCO CAPITAL PROJECTS BUDGET FOR THE YEAR 2014 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 2014; 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 Protect Title Continuing General Protects 12013 Continued) Continuing Fire Alerting Systems Continuing Muni Courthouse Continuing Financial System - HR & Payroll Continuing Financial System - Financials Continuing Financial System - Utility & Proj Acctg Continuing Total General Projects (2013) Park & Facilities (New 2014) 2014 New Memorial Shelter & ADA Path Total Park & Facilities (2014) Pak & Facilities 12013 Continued) Continuing Replace Kurtzman Pool Continuing Animal Shelter Facility Continuing 30 Acre Park NW Quad 2013 Supp New Those Fivers Park Powedine Road Total Park & Facilities (2013) Park & Facilities (New 2014) 2014 New Memorial Shelter & ADA Path Total Park & Facilities (2014) CIP Budget Increase New CIP Budget 2013 (Decreasel Protect 2014 100,000 Street Construction 12013 Continuedl - 205,820 Routds Continuing 4th Ave Corridor - North Segment Continuing Road 68 Improvements (Phase II) Continuing Powedine Road Continuing Argent Road (Road 44 to 20th Ave) Continuing Oregon Ave (SR397) - Phase 1 Continuing Oregon Ave (SR397) - Phase 2 Continuing Oregon Ave (SR397) - Enhance (Ph 2 Intersection) Continuing UDp149 Kurtzman - STREETS 2013 Supp New Lewis Street Demolish - Phase 1 2013 Supp New Dual RT SB Road 68 Continuing 2011 STIR Grant Overlays Continuing 4th Ave Block Wall Continuing Rd 100 Widening Ph I - Sidewalk Extension Continuing FL9DcCS Interconnect Road BB Signals 2013 Supp New Traffic Signal Controller Upgrade 2013 Supp New Bus Pre - Exemption @ CBC/Argent - 1,241,152 Ramble &Utlb Pass Continuing Lewis St Overpass Continuing Lewis St One Way Couplets - 17,900 Total Street Construction (2013) CIP Budget Increase New CIP Budget 2013 (Decreasel Protect 2014 100,000 105,820 - 205,820 3,105,292 628,916 - 3,734,208 170,120 27,642 - 197,762 197,940 35,274 - 233,214 223,030 51,994 275,024 3,796,382 849.646 4,646,028 250,000 - - 250.000 203,000 - - 203.000 360.000 240,000 - 600,000 2,500,000 210,000 210,000 813,000 450,000 1,263.000 100,000 100,000 100.000 100,000 748,850 78,500 - 827,350 666,963 1,033,037 - 1,700,000 915,907 275,000 - 1,190,907 2,500,000 (100,000) - 2,400,000 230,400 1,352,000 - 1,582,400 194,560 (2,000) - 192,560 87.040 (38,650) - 48.390 758,799 (41,678) - 717,121 - 578,035 - 578,035 - 630,000 - 630,OOD 1,116,152 125,000 - 1,241,152 30,000 1,558 - 31,558 18,000 (100) - 17,900 200,000 50,000 - 250,000 - 1,601,274 - 1,601,274 - 45.563 - 45,563 5,770,943 181,000 - 5,951,943 215,600 215,600 13,453,214 5,768,539 19,221,753 GryMVem, WaxMn¢ tan 94 20M Budget Street Construction (New 20141 ROOS 2014 New 2014 Alley Hard Surfacing (Chip Sealing) - - 80,000 80,000 2014 New Road 76 Widening - - 210,000 210,000 Ramos & Un kthOver Passes 2014 New 1 -182 O8 and On Ramp - - 350,000 350,000 2014 New Off Ramp at Road 44 100,000 100,000 Total Street Construction (2014) - 740,000 740,000 Economic 8Industrial D I t Construction (N 014) 2014 New Farm Share - Valve /Meter /SCADA 2014 Replace - 107,760 107.M Total E & I Development Construction (2014) 107,760 107.760 W-ater Construction (2013 Confinuedl Plants. Meters & Pump Stations Continuing Columbia Water Supply Project 571,273 103,494 - 674,767 Continuing 2011 Filhat Plant Improv (Storage Bldg) 105,300 155,200 - 260,600 GryMVem, WaxMn¢ tan 94 20M Budget Status Proloct Title Continuing East Side Booster Station Upgrade (BS 2.1) Continuing 2013 Meter Replace & Cross Connect 2013 Supp New Butterfield WTP - Travelling Screens Disinhutron - Ex(ensions 2013 Supp New Waterline Ed- Broadmoor Tank Totes Water Construction (2013) Sewer Construction (2013 Cominuedl Plant and LAY Stations Continuing Commercial & KaNOtus Swr Ed - South Continuing 2013 WWTP Imp - Screw Press 2013 Supp New W WTP - Primary Clarirw No. 3 Total Sewer Construction (2013) Water Construction (New 20141 CIP Budget Plants Meters & Pump Stations 2014 New Butterfield WTP 24 In. Valve Replace 2014 New Butterfield WTP -South Basin Drain By -Pass 500,000 Distribution - Exensinns 2014 New Warnett Pipeline 2014 New WTR Line EM - County Rd 100/Dem Rd 615,000 Total Water Construction (2014) Sewer Construction (2013 Cominuedl Plant and LAY Stations Continuing Commercial & KaNOtus Swr Ed - South Continuing 2013 WWTP Imp - Screw Press 2013 Supp New W WTP - Primary Clarirw No. 3 Total Sewer Construction (2013) PWRF Construction (2013 Condnuedl Continuing PWRF PIam - Phase 1- Screening Continuing PWRF PIam - Phase 2 -Sao Basin Continuing Phase 3 - BOO Anaerobic Ford 2013 Supp New Phase 3 - BOD- Screw Press 2013 Supp New Phase 3 - BOD Winter Storage Pond (30 MG) 2013 Supp New Phase 5 - EO Basin Rebuild 2013 Supp New Phase 6 - Valve/Meter /SCADA 2014 Replace Total PWRF Construction (2013) Stormwater Construction (2013 Continued) Continuing LIDk149 Kurtzman - STORM Continuing LID Rrvmlew Estate Stormwater Total Stormwater Construction (2013) Irrigation Construction 12013 Continued) Continuing USSR Irrig Connection Continuing Well House -Linda Loviisa 2013 Supp New 2013 Well House - First Place Total Irrigation Construction (2013) TOTAL CIP BUDGET TOTAL 2013 CONTINUING TOTAL 2014 NEW TOTAL CIP BUDGET CIP Budget Sawar Construction (Now 20141 CIP Budget Collections - Extensions 2014 New 2014 Annual Sewer Line Extensions 2014 New 30" Main (NW Area) 500,000 Coftfms - Revinemenfs 2014 New 2014 Annual Sewer Line Relining Program 2014 New West Pasco Trunk Sewer Repair 615,000 Total Sewer Construction (2014) PWRF Construction (2013 Condnuedl Continuing PWRF PIam - Phase 1- Screening Continuing PWRF PIam - Phase 2 -Sao Basin Continuing Phase 3 - BOO Anaerobic Ford 2013 Supp New Phase 3 - BOD- Screw Press 2013 Supp New Phase 3 - BOD Winter Storage Pond (30 MG) 2013 Supp New Phase 5 - EO Basin Rebuild 2013 Supp New Phase 6 - Valve/Meter /SCADA 2014 Replace Total PWRF Construction (2013) Stormwater Construction (2013 Continued) Continuing LIDk149 Kurtzman - STORM Continuing LID Rrvmlew Estate Stormwater Total Stormwater Construction (2013) Irrigation Construction 12013 Continued) Continuing USSR Irrig Connection Continuing Well House -Linda Loviisa 2013 Supp New 2013 Well House - First Place Total Irrigation Construction (2013) TOTAL CIP BUDGET TOTAL 2013 CONTINUING TOTAL 2014 NEW TOTAL CIP BUDGET CIP Budget Increase New CIP Budget 2013 (Decrease) Prolect 201_4 210,000 290,000 - 500,000 150,000 - - 150,000 - 615,OOD - 615,000 140,000 140,000 1,036,573 1,303,694 2,340,287 260,000 260,OOD 70,000 70,000 - 10,000 10,000 372,500 372,500 712,500 712,500 1,727,609 (1,615,337) - 112,272 1,685,000 (1,185,000) - 500,000 2,340 000 2,340,000 3,412,809 (460337) 2,952.272 200,000 200,000 399,597 399,597 400,000 400.000 - 445,000 445,000 1,444,597 1,444.597 2,532,781 (311,211) - 2,221,570 940,000 143,530 - 1,083,530 1,350,000 750,000 - 2,100,000 - 255,OOD - 255,000 - 487,000 - 487,000 - 500,000 - 500,000 - 100,817 100,817 022,781 1,925,136 6,747,917 45,000 - - 45,000 115,000 115,000 160,000 160,000 2,499,843 15,869 - 2,515,712 60,000 (100) 59,900 60,000 60,000 2,559,843 75,769 2,635,612 30,054,402 9,912,447 3,104,857 43,071,706 30,054,402 9,912,447 - 39,966,849 3.104 857 3,104.857 30,054,402 9,912,447 3,104,857 43,071,708 Section Two: TNs Ordinance shall be in full (ace and effect on January 1, 2014 PASSED by the City Council of the City of Pasco this 23rd day of December, 2013. ATTEST: DEBRA L. CLARK, CITY CLERK MATT WATKINS, MAYOR APPROVED AS TO FORM: LELAND B. KERR, CITY ATTORNEY QW m wua. wa~an 85 M14 Budrn AGENDA REPORT TO: City Council December 12, 2013 FROM: Gary Crutch fd Aanager Regular Mtg.: 12/16/13 SUBJECT: Non - Represent Wage and Salary Plans 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 for certain adjustments in the non - represented, non - management wage plan beginning January 1, 2014 and, fiuther, authorize publication by summary only. MOTION: I move to adopt Ordinance No. , providing for certain adjustments in the management salary plan beginning January 1, 2014 and, further, authorize publication by summary only. III. FISCAL IMPACT: Increase non - represented personnel cost by $237,000 annually (including COLA) IV. HISTORY AND FACTS BRIEF: A) The city is required to use "comparable" cities pay plans when negotiating union contracts for police and fire employees. In the interest of fairness, the same list is used to maintain other wage and salary plans of the city (public works non- represented, non - management and management positions). That list of eight cities has been largely the same over the past decade but, with the growth in population and tax base, the "comparable cities" list is required to change. The new list of comparables reflect those cities outside the Puget Sound area (consistent with past arbitration decision), within 50% of Pasco's population and within 20% of Pasco's general tax base measurement (annual property tax, sales tax and utility tax revenues). Those eight cities are: Kennewick, Richland, Wenatchee, Walla Walla, Mt. Vernon, Longview, Marysville and Bremerton. B) The non - management wage plan was adjusted last year to reduce gaps particularly in the technical positions (information systems and engineering). With the new list of comparables, several new gaps are identified and recommended for adjustmentt. Though the technical positions suggest new gaps, Human Resources will conduct an analysis of those positions for comparability in 2014. The cost of the recommended changes would approximate $97,000 annually, at the 2013 level. C) Most of Pasco's management positions are measurably below the new comparability list. It is recommended that the salary plan be adjusted such that all positions are 97% of (3% below) the respective comparable average. The additional cost of the recommended changes would approximate $80,000 annually, at the 2013 level. Though the salaries would remain below the average of the comparable cities, they will be generally consistent with the non - management plan and managers are eligible for annual merit award. D) CPI -U, B/C Western Cities, October 2012 -2013, was 0.8 %. This is the same CPI factor used for all employee groups annually. 8(b) V. DISCUSSION: A) Pasco, like most other cities 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 for 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. In view of the fact that most non - represented positions are paid less than their comparable average, it is recommended that a COLA of 1.0% be applied to both non - represented compensation plans. ORDINANCE NO. AN ORDINANCE concerning wages for certain Non - Management, Non - Represented personnel beginning January 1, 2014. WHEREAS, after due consideration of wage rates paid by comparable cities for certain positions similar to those in Pasco, the City Manager has recommended certain adjustments in the non - management wage plan; and WHEREAS, the City Council also finds that a cost -of- living adjustment to the non - management/non- represented wage scale of 1.0% is appropriate in consideration of the Department of Labor's Consumer Price Index through October 2013; 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 is 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 the employee's time in the position, the current hourly wage, and the evaluation of the employee's performance. Any non - represented employee, whose actual wage or salary on January 1, 2014 exceeds the maximum for the respective grade assigned herein, shall continue to receive said actual wage or salary during the remainder of calendar year 2014. 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, 2014 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 16th day of December, 2013. Matt Watkins, Mayor ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney N O N G O (O" W •-' r Cl! uC- V C� � r~ W O 3 J « •� n M A N m A O ((1 m OD M CO N ($ O M m N M m N n (p m V n V N (V (N m m W m O N A m m m O N n A m M M m N m 1p m M N N n M � N O M m M n (p C M 09 n m N n m A o m m 00 (° m m G� rl m n n N n OD O M (p m N O OR N M m O O (V M N fD l6 IA p> (y M V O6 m N N N N N N N N N M M M M M M C W N N N N (p A M M OD N m v7 M 8 O OR N O) q t M N A N M V n O Co m M 9 N tV m m O N C6 N t0 I� a6 O (V M M m N N N N N N N N M M M M M M p N m N m n N (f1 47 m n m (p m n A O] N m m OR A N n n m M m M m N H CV m m m N N N N N N N A M OO m N OJ m N O Cl A (p (p Q N n N N N M I(1 n O (° m � N N 00 m m N N N N N N N N M M M M M C m V7 M m n ip 47 m O n m N W M A � m q n N n n n O .- M O N N tV W O6 m M (n(p N N N N N N N N M M O. 0 M m V7 N N m n N n M W w m w m m O M n 1� N M n N N N V 0 n M t0 O a h ed .6 c6 d N M ri v ui c6 c6 Gi d M ri 6 N N N N N N N N M M M D. N m M m M n N m N N n O N m N N M t0 OJ O M m M n n n OD ci A O M �- Ih W N O (V t+i M O N Il� m 0 0 N (° G M M W M W r N n N n N M M m m OJ N V Cl V] O V m M N N M V (° M m r n n m m O fV fV M V � 1� aD m 0 V 01 N n m Y1 m n O m m OD N m M (° m q W A rl� A W O N n m H r• N r r m m O N fV (V M v V V6 I� m m O M C6 M N N N N N N N N N N m m m M ([1 m N N A A M M O J °! m m M m N V M N N M O !+1 N N N N M M (p O n N M 00 O M N m M w � � 4 O d Z N m m N d U y N U C U '�y( U T N U V d L � ° z O (�dc L N (CR E.y E mZm La°iM N> O� d N Ory( -r E.5 N� m � �mc 'Q o ¢'Nm> `�NaU m U vNrt`¢ w¢C on= E aEm c m 'v c m H 2m4N Q �Z` a°i c'(j m .. Tpi6 m c c s p C U m N d a E c N N t W dC U) ° ,U c U C U Q C p W (1 6° g op O C E " E p m m U ( w '6 X m 2` ¢ N G m tj U c o r L U °m v d m 2 m E E m ¢ w 2 a E E s °rnE �v �y' °Uha E a c a �' o ` ° c ° m o L) Ja oo wN ci as � w c0 0ol 2 a mw coo a. ¢Ux z S 0 U m U m ORDINANCE NO. AN ORDINANCE concerning the salaries for Management positions for the calendar year 2014. WHEREAS, after due consideration of wage rates paid by comparable cities for certain positions similar to those in Pasco, the City Manager has recommended certain adjustments in the management wage plan; and WHEREAS, the City Council also finds that a cost -of- living adjustment of 1.0% is appropriate in consideration of the Department of Labor's Consumer Price Index through October 2013; 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, 2014 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 ", except the City Manager, at the sole discretion of the City Manager and within the following guidelines; provided, however, the total of all merit increases herein authorized for the year 2014 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, 2014. 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 16th day of December 2013. Matt Watkins, Mayor ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Ordinance Re: Cost of Living - Management Positions Management Salary Scale - 2014 (Monthly Maximum) Effective 01.01.2014 -1 Position 2013 Maximum Salary City Manager 13,433 Deputy City Manager 10,807 Public Works Director Police Chief 10,504 A & CS Director Fire Chief 10,100 C & ED Director Finance Manager 9,797 Municipal Court Jude 9,034 City Engineer Police Captain 9,090 HR Manager 8,686 IS Manager Field Division Manager 8,286 Inspection Services Mana er 7,676 WWTP/W Division Manager 7,373 Recreation Services Manager Facilities Manager 6,969 Court Administrator 6,529 Assistant Field Div. Manager 6,268 AGENDA REPORT FOR: City Council i December 13, 2013 i t TO: Gary Crutch anager Regular Mtg.: 12/16/13 Rick Terway, A� five & Co Services Director FROM: Dunyele Mason, Financial Services Manager-a�vv -` SUBJECT: Weekly Claims Processing I. REFERENCE(S): A) Proposed Resolution authorizing the release of checks prior to Council's approval B) Proposed Ordinance to increase City Manager bond to $50,000 H. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: Motion: I move to adopt Resolution No , authorizing the City Manager or designee to disburse payments prior to Council's approval of claims in accordance with RCW Chapter 42.24. Motion: I move to adopt Ordinance No , to update Pasco Municipal Code 2.16.030 to require the City Manager's bond be increased to $50,000 and, further, authorize publication by summary only. III. HISTORY AND FACTS BRIEF: A) In order to expedite the payment of claims, RCW 42.24.180 allows the City Council to authorize the issuance of checks after the provisions of that chapter have been met and after the officer designated by resolution of the taxing district, has signed the checks, but before City Council has acted to approve the claims. B) All of the following conditions shall be met before payment: (1) The auditing officer and the officer designated to sign the checks shall each have an official bond for the faithful discharge of his or her duties in an amount not less than fifty thousand dollars. PMC 2.16.030 currently sets the City Manager bond at $10,000 and the Finance Manager Bond at $500,000. Thus to implement this change then the City Manager's bond would need to be increased from $10,000 to $50,000; (2) The city shall maintain contracting, hiring, purchasing, and disbursing policies that implement effective internal control; (3) The City Council shall provide for its review of claims paid and for its approval of all checks in payment of claims at its next regularly scheduled public meeting; and (4) The City Council shall require that if, upon review, it disapproves some claims, the auditing officer and the officer designated to sign the checks or warrants shall jointly cause the disapproved claims to be recognized as receivables of the City of Pasco and to pursue collection diligently until the amounts disapproved are collected or until City Council is satisfied and approves the claims. IV. DISCUSSION: A) Currently checks are not released to vendors until Council has approved the vouchers for payment during each regular council meeting. This process means payment of vendor invoices can range from one and a half weeks at a minimum to four weeks at a maximum based on how many weeks are in a month and how council meeting dates fall. Most invoices generally take over two weeks from the time they are received from the vendor until the time payments are mailed. B) By writing and mailing checks every Friday and/or as they become due, the time from when a vendor submits an invoice to the city for payment and the time it is paid will be significantly shorter. More frequent check writing will also create efficiencies in invoice processing within Finance by replacing some of the workload "peaks" and "valleys" and with a more constant work flow. 8(C) RESOLUTION NO.: A RESOLUTION authorizing the City Manager or designee to disburse payments prior to Council's approval of claims in accordance with RCW Chapter 42.24 and the policies and procedures contained herein. WHEREAS, in order to expedite the payment of claims, RCW 42.24.180 allows the legislative body of any taxing district to authorize the issuance of warrants or checks in payment of claims after the provisions of this Chapter have been met and after the officer designated by resolution of the taxing district, has signed the checks or warrants, but before the legislative body has acted to approve the claims; and WHEREAS, all of the following conditions shall be met before payment: (1) The auditing officer and the officer designated to sign the checks or warrants shall each have an official bond for the faithful discharge of his or her duties in an amount not less than fifty thousand dollars; (2) The city shall maintain contracting, hiring, purchasing, and disbursing policies that implement effective internal control; (3) The City Council shall provide for its review of claims paid and for its approval of all checks or warrants issued in payment of claims at its next regularly scheduled public meeting; and (4) The City Council shall require that if, upon review, it disapproves some claims, the auditing officer and the officer designated to sign the checks or warrants shall jointly cause the disapproved claims to be recognized as receivables of the City of Pasco and to pursue collection diligently until the amounts disapproved are collected or until City Council is satisfied and approves the claims; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby approves the City Manager or designee to disburse payments prior to Council's approval of claims in accordance with RCW Chapter 42.24. PASSED by the City Council of the City of Pasco at its regular meeting this 16d' day of December, 2013. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney ORDINANCE NO.: AN ORDINANCE AMENDING CHAPTER 2.16.030 OF THE PASCO MUNICIPAL CODE. WHEREAS, in order to expedite the payment of claims, RCW 42.24.180 allows the legislative body of any taxing district to authorize the issuance of warrants or checks in payment of claims after the provisions of that chapter have been met and; WHEREAS, the requirements of RCW42.24.180 requires the auditing officer and the officer designated to sign the checks shall each be required to furnish an official bond for the faithful discharge of his or her duties in an amount determined by the legislative body but not less than fifty thousand dollars; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Pasco Municipal Code 2.16.030 A) be amended as follows: 2.16.030 BONDS. A) Before entering into their respective duties, the following City officials shall each execute a bond to the City conditioned for the honest and faithful performance of their duties (including the same bond, the duties of all ex officio offices occupied by that official) in the following penal sums: 1) Finance Manager 2) City Manager 3) Chief of Police 4) City Clerk $500,000 $10;900 $50,000 $10,000 $10,000 PASSED by the City Council of the City of Pasco at its regular meeting this 16`h day of December, 2013. Matt Watkins Mayor ATTEST: Debra Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney TO: City FROM: Gary SUBJECT: 2014 Legisl I. REFERENCE(S): AGENDA REPORT Priorities 1. 2014 Legislative Priorities Resolution December 4, 2013 Regular Mtg.: 12/16/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/16: MOTION: I move to approve Resolution No. , declaring the city's Legislative Priorities for the 2014 session of the Washington State Legislature. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) The city contracts with a legislative consultant based in Olympia to monitor the state legislative session each year and to advance the city's legislative agenda accordingly. Each fall, the city provides the consultant its "legislative priorities" representing the most important of the many legislative objectives of the city. V. DISCUSSION: A) The proposed changes (discussed below) are intended to reflect changed circumstances over the past year, so that the new list of priorities more accurately reflects current circumstances. • Lewis Street Overpass: this item has been updated to include language referencing the current effort to support a state transportation revenue package, consistent with the city's prior resolution as well as the realization that state funding assistance for construction of the Lewis Street Overpass is dependent on additional transportation revenue for the state. • Gang Activity: the legislature provided some limited grant funding for regional gang activities during the past session and AWC has reduced its priority associated with the nuisance regulation objective; staff and consultant recommend this item be deleted from the list of priorities. • Public Records: as you know, the legislature paid for the Ruckelshaus group to initiate a state -wide discussion about problems associated with the public records act; the group has recommended continued effort to find common ground for a resolution to those problems. The proposed language reflects the current status of that effort and the need for an additional state funding allocation to complete that effort. • Marijuana: again, the state's voters and the Liquor Control Board have established that recreational marijuana will be permitted in the state, so the language is revised to reflect that realization and the fact that the state needs to allocate a portion of the tax revenue it receives on marijuana sales to local agencies that are obligated to deal with the criminal activity that may be associated with it. B) Staff recommends Council approval of the revised list of priorities, as contained in the attached Resolution. 8(d) RESOLUTION NO. A RESOLUTION declaring the city's legislative priorities for the 2014 session of the Washington State Legislature. WHEREAS, the Washington State Legislature conducts its annual legislative session during the first few months of each calendar year; and WHEREAS, the City of Pasco, as a municipal corporation and subdivision of the state, can be substantially affected by the actions of the legislature; and WHEREAS, over the past several years, the city has contracted with a legislative consultant to assist its effort to monitor and influence actions of the state legislature so as to minimize negative consequences of new legislation as well as to realize legislative action that will benefit the majority of Pasco citizens; and WHERAS, the City Council desires to identify its legislative priorities for the 2014 legislative session so they can be provided to state legislators prior to commencement of the next legislative session; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the legislative objectives stated herein below constitute the priorities of the City of Pasco for the 2014 legislative session. LEwrs STREET OVERPASS: The overpass project (which replaces a 1937 railroad underpass on a former state highway) is a major Council priority which will require federal and state funding, as the $29 million construction cost is simply beyond the financial capacity of local taxpayers. With prior aid from the state, the city has completed right -of -way acquisition and design of the new structure; the project is now "shovel ready." The City must seek construction funding allocations from the state and federal governments to make this essential replacement project a reality and is supportive of reforms in conjunction with a state transportation revenue package, including associated taxes, if full funding is allocated to the Lewis Street Overpass project. PRESERVE "STATE- SHARED REVENUES" FOR CITIES: Pasco receives nearly one million dollars annually from the state, categorized as "state- shared revenues" (liquor excise tax, nuclear generating tax, sales tax mitigation, city/county assistance, etc.). Given the increasing difficulty of the state in balancing its budget, these payments to cities may be in jeopardy during the 2014 session; their loss would jeopardize delivery of important local services. BINDING ARBITRATION LAW: Under state law, police and fire personnel are guaranteed binding arbitration for wages and benefits (in lieu of the right to strike). While arbitration can be an appropriate form of contract resolution disputes, the current statutory language obligates the arbitrator to give paramount consideration to what "comparable departments" are paying, rather than the ability of the particular employer to absorb the additional cost. Police officers and firefighters collectively represent about half of total general fund expenditures; cost impositions beyond the city's fiscal capacity can have severe consequences on other important city services and, in some cases, may even hamper public safety. Modification of the arbitration statute to "level the field" would better balance the interests of uniformed employees with those of the taxpayer. PUBLIC RECORDS REFORM: Support reform to statutes governing public records requests. While the city recognizes the need for and benefits of transparency and accountability in government, all too often the right to obtain public records is abused and extraordinary public costs are absorbed by cities. Preliminary findings of the Ruckelshaus mediation process have indicated that a majority of respondents are interested in a non judicial path to resolution of public records requests. The City requests that the state allocate funding to continue the mediation process. ELECTION OF JuDGEs: The Bureau for Judicial Administration's perennial effort to require that all judges (including part-time) be elected will again require involvement of cities. Appointed judges are equally qualified professionally and there is no compelling evidence that appointed judges are a threat to the administration of justice. In fact, requiring election of all judges would be very problematic for part-time courts, particularly in small and rural communities found throughout eastern Washington. Pasco should continue to join other cities to oppose mandatory election of municipal court judges. MARIJUANA LAws: The new recreational marijuana industry is subject to a state excise tax as high as 75 %, but none of this potential funding is directed to local agencies to address public safety needs and other local impacts. Cities and counties must enforce marijuana laws and need shared revenue to do this. The City supports legislation that would create this revenue sharing. Section 2. The City Manager is hereby directed to inform state legislators and other appropriate parties of the City's 2014 legislative priorities. PASSED by the City Council of the City of Pasco at its regular meeting this 16th day of December, 2013. Matt Watkins Mayor ATTEST: Debra Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney 2014 Legislative Priorities Page 2 TO: City Council FROM: Gary SUBJECT: Reappointment I. REFERENCE(S): AGENDA REPORT Municipal Court Judge I. Proposed Resolution 2. Contractual Agreement December 11, 2013 Regular Mtg.: 12/16/13 H. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 12/16 MOTION: I move to approve Resolution No. , confirming the City Manager's reappointment of David L. Petersen as Municipal Court Judge. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The City has long operated its own municipal court, in accordance with RCW Chapter 3.50. State law requires a Municipal Court Judge to be appointed to four - year terms, subject to confirmation of the City Council. V. DISCUSSION: A) Following retirement of Municipal Court Judge Mary Berndt Ramirez in May 2011, David Petersen was appointed to fill the unexpired term as Municipal Court Judge, through December 2013. Judge Petersen has operated the Municipal Court in a professional manner and has fulfilled the terms of his contract. The City Manager recommends his reappointment to a four -year term, expiring December 2017. 8(e) RESOLUTION NO. A RESOLUTION confirming the reappointment of David L. Petersen as Pasco Municipal Court Judge. WHEREAS, the City of Pasco operates a Municipal Court governed by Chapter 3.50 RCW; and WHEREAS, the operation of the Pasco Municipal Court is an important matter to the citizens of Pasco and its local government; and WHEREAS, the City Manager has determined to reappoint David L. Petersen as Municipal Court Judge for that term of office beginning January 1, 2014; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. The reappointment of David Petersen as Pasco Municipal Court Judge is hereby confirmed for a four -year term of office effective January 1, 2014. PASSED by the City Council of the City of Pasco at its regular meeting dated this 16th day of December, 2013. Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney PERSONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE THIS AGREEMENT is entered into by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City," and David L. Petersen, Attorney -at- Law, hereinafter referred to as "Judge," for the purpose of employment as a Municipal Court Judge for the City of Pasco Municipal Court. WHEREAS, the City has established by Ordinance a Municipal Court as authorized by Chapter 3.50 the Revised Code of Washington, having jurisdiction to exercise all powers vested in Municipal Courts, together with such other powers and jurisdiction as are generally conferred upon such Courts in the State of Washington, either by common law or by express statute or Ordinance; and WHEREAS, Judge has qualified to serve as Municipal Judge and desires to do so as a part-time employee of City; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows: 1. Duties. Judge shall serve as Municipal Court Judge for the City. Judge shall: A. Court Administration. Judge shall supervise the Court staff, and shall make or be responsible for all the administrative decisions regarding operation of the Court in conformance with State law and Pasco Municipal Code. Judge shall recommend personnel policies for Municipal Court administration, and shall make recommendations for the hiring, discipline and termination of employees. Administration of Court personnel shall be in conformance with the City policies and with the concurrence of the City Manager. Administration of the Court financial or budgetary functions shall be in conformance with the City policies and standard accounting practices, BARS and JIS, and with the concurrence of the City Financial Services Manager. B. Adjudication. Judge shall be available, consistently and punctually, to adjudicate all Municipal litigation on all dockets. Designation and scheduling of dockets shall be fixed by the Judge to accommodate the most efficient use of court time and other resources; any such schedule shall be filed with the City Manager for mutual approval. All dockets shall continue until scheduled cases for that docket are adjudicated or continued. In addition, non - docket hours shall be performed as may be necessary to review and provide appropriate direction to staff on correspondence, accomplish research, case review, telephonic issued warrants and orders, and Court administration up to a combined (docket and non - docket) maximum of thirty (30) hours per week. Should these activities or administration demands of the Court require more than thirty (30) hours in any week, Judge shall not be entitled to additional compensation from the City. C. Judicial Conduct. Judge shall maintain a judicious demeanor fostering respect for the Bench, fulfill continuing legal or judicial education requirements (no less than half of which shall consist of training in criminal law and procedure), and shall comply with the Code of Judicial Conduct. 2. Inter - Department Cooperation. Judge shall endeavor to administer the Court at all times so as to comply with any reasonable requests of any other municipal department, or the executive or legislative branches of City government, so long as such compliance does not impair the necessary independence of the Court. Judge will comply with written directives from the Mayor and/or City Manager which apply to administrative and financial matters; such directives will not apply to judicial issues. 3. Length of Term. Unless earlier terminated as provided below, the term of employment shall commence on January 1, 2014 through December 31, 2017. 4. Salarv. Judge shall be paid $108,408 per year, commencing January 1, 2014, subject to applicable payroll taxes and deductions. Salary shall be payable in accordance with the City's planned payment schedule. The annual salary may be increased by action of the City Council. This is an exempt salary position and Judge will not be entitled to payment for overtime. 5. Holiday. The Court will not be in session during Washington State's statutory Court holidays. Judge shall receive payment for holidays, credited at the rate of 6 hours per holiday. 6. Pro Tem Judges. In addition to the schedule as provided in Section 1 above, the use of Pro Tern Judges may be necessary due to Judge's absence from regularly scheduled dockets. Payment for such usage shall be made from that sum budgeted for pro tem services. In the event a pro tern is used because of a conflict of interest on Judge's part or because of the filing of an Affidavit of Prejudice, the item shall be placed on the pro tern docket, however, Judge shall not be excused from fulfilling any other administrative or calendared duties required of his office. In the event that Judge is not able to fulfill his judicial and/or administrative duties due to suspension by the Washington State Commission on Judicial Conduct, such time period shall be considered leave without pay and City may use pro -tem services pending completion of the suspension. The City reserves the right to place Judge on administrative leave, with or without pay, and use pro -tern services pending completion of an investigation by the Commission. 7. City Employment Benefits. Judge shall be entitled to the following City benefits: A. Vacation leave accrued at the rate of 5.54 hours per bi- weekly pay period. Personal Services Agreement — Municipal Court Judge Page 2 B. Sick leave accrued at the rate of 2.78 hours per bi- weekly pay period. Vacation or sick leave taken during regularly scheduled dockets (and requiring the use of a Pro Tem Judge) will be deducted from Judge's leave bank. Leave shall be scheduled to the extent possible around established dockets. C. Civil and bereavement leave may be taken per City policy. D. Medical, dental, vision and accidental death and dismemberment insurance, as available to City department directors. E. Life Insurance. The City shall provide life insurance in the amount as available to City department directors. F. Participation in the Washington State Public Employees (PERS) Retirement System. 8. Termination of Employment. The City may immediately terminate Judge's employment for cause as set forth in RCW 3.50.095 and consistent with Article IV, Section 31 of the Washington State Constitution. For the purpose of this Agreement, the failure of Judge to perform the duties provided in Section 1 above, shall constitute misconduct or malfeasance in office. Judge may terminate his employment by giving sixty (60) days written notice of intent to terminate. If employment is terminated during a month, Judge shall receive a pro rata amount of salary for that portion of the month before the effective date of termination. 9. General Provisions. A. For the purpose of this Agreement, time is of the essence with respect to the performance of any of the provisions hereof. B. Digpute Resolution. In the event of a dispute regarding the breach, interpretation, or enforcement of this Agreement, Judge and the City Manager of the City of Pasco shall meet in an attempt to settle such dispute. Any disputes remaining unresolved following such meeting shall be litigated in the Franklin County Superior Court, and the prevailing party shall be entitled to its reasonable attorney fees and costs as additional judgment against the other. C. This Agreement represents the entire Agreement between the parties with respect to the subject matter hereof. All prior negotiations, agreements, representations, warranties or other matters of like or any other nature shall be of no further force or effect or superseded by this written Agreement. Notwithstanding any course of dealing to the contrary, this Agreement shall not be amended or modified in any manner other than by an instrument in writing, signed by all parties. Personal Services Agreement — Municipal Court Judge Page 3 CITY OF PASCO Gary Crutchfield, City Manager Date APPROVED AS TO FORM: Leland B. Kerr, City Attorney MUNICIPAL COURT JUDGE David L. Petersen Date Date Personal Services Agreement — Municipal Court Judge Page 4 AGENDA REPORT No. 50 FOR: City Council ( 1 December 6, 2013 TO: Gary Crutchfieager Ahmad Qayoum , is Works Director FROM: Michael A. Pawlak, PE, City Engineer/ Workshop Mtg.: 12/09/13 Regular Mtg.: 12/16/13 SUBJECT: Sewer System Extension Agreement (Commercial - Kahlotus Service Area) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Agreement IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/09: Discussion 12/16: MOTION: I move to approve the sewer system extension agreement with Fifties I, LLC and, further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: Sewer Utility Fund ($55,000) IV. HISTORY AND FACTS BRIEF: A) Owners of several parcels of land in the Commercial- Kahlotus Service Area of Pasco are planning for future development and expansion of their existing industrial facilities. Realizing the need and benefit of having domestic sewer service to the properties, the property owners petitioned the City for annexation. The City approved that annexation request on December 17, 2012. B) The City has also recognized the immediate and long -term need to provide domestic sewer service to the area. The Comprehensive Sewer Plan, currently being drafted, includes the identification of need for services in this area. The City previously prepared the design of a gravity sewer main for this area as part of the recently completed Commercial- Kahloms Lift Station Project. C) The Property Owners (Fifties I, LLC, Oregon Potato (Freeze- Pack), Carson Ag, LLC (Agri-Pak), and Pasco Industrial Properties, LLC) have coordinated with City staff over the past several months to identify an appropriate extension of the City's sewer system. A sewer extension agreement has been drafted to memorialize the obligations of the Property Owners and the City, respectively, in terms of cost- sharing for the extension including, design requirements, plan review, permitting and inspection. In essence, the developers will pay the cost equivalent to a 10" sewer line (minimum size) the entire length of the extension, while the City will pay the equivalent cost of "oversizing" the sewer line to 14" so it can function as a collection main to serve the larger vicinity in the future (this will avoid duplicate line installations in the future). D) The City's share of the extension project will not exceed $55,000, or about 17 percent of the total project cost. The Property Owners will pay the balance of the project costs and the City will provide them a "latecomer agreement ", whereby future connections to the sewer main will reimburse the Property Owners their fair share of 10(a) the expense not attributable to their own properties. Participation in the Property Owners' extension results in a much lower cost project, as it is a private project not subject to prevailing wages; consequently, the City's cost is likewise lower. V. DISCUSSION: A) The proposed agreement ensures appropriate extension of the City's sewer system to a portion of its UGA that is quite likely to experience growth over the next decade. If not extended, the existing industrial facilities will be limited on their long -term expansion potential and future development will either not occur at all or will occur with septic tanks. The latter scenario would frustrate the logical extension of the sewer system over time, eventually increasing costs for rate payers and retarding development values. B) Staff recommends approval of the sewer system extension agreement as presented. 11 ha rj ol KE swum MUT OPINION,! SEWER SYSTEM EXTENSION AGREEMENT THIS SEWER SYSTEM EXTENSION AGREEMENT is entered into this day of December, 2013, by and between Fifties I, LLC, a Washington Limited Liability Company (hereinafter referred to as Fifties I), and the City of Pasco, Washington, a Washington Municipal Corporation (hereinafter referred to as "City"), for the purpose of extending sewer system improvements for the benefit of the properties in the Commercial- Kahlotus Service Area. WHEREAS, Fifties I under separate agreement with Oregon Potato (Freeze- Pack), Carson Ag, LLC (Agri-Pak), and Pasco Industrial Properties, LLC (Pasco Industrial) has been authorized to represent the parties in this Sewer System Extension Agreement with the City; and WHEREAS, Fifties I, Freeze Pack, Agri-Pak, and Pasco Industrial own certain real property along Commercial Avenue Loop that is zoned and used for industrial purposes; and WHEREAS, Fifties I, Freeze -Pack, Agri-Pak and Pasco Industrial all desire to have City of Pasco sewer service extended to the developed properties for domestic use; and WHEREAS, Fifties I, Freeze -Pack, Agri-Pak and Pasco Industrial are committed to constructing a sewer system line extension to the proposed properties as described in Exhibit A, and then dedicate the sewer lines and appurtenances to the City; and WHEREAS, the City of Pasco possesses the capacity to provide sewer utility services to citizens and real properties within its municipal boundaries and its urban growth boundaries; and WHEREAS, the City of Pasco's long range comprehensive sewer plan provides for the systematic extension of sewer utilities throughout the City's urban growth area; and WHEREAS, the parties desire, by this cooperation agreement, to jointly participate in the cost of the sewer line construction that provides benefits to all parties and their respective properties. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. FIFTIES I OBLIGATIONS. Fifties I shall: A. Provide the complete design of the proposed sewer system extension, as described in Exhibit A and Exhibit C, by a Professional Engineer registered to practice Engineering in the State of Washington. The sewer system design shall include pipe, manholes and all appurtenances from a connection point at the Commercial - Kahlotus Lift Station inlet pipe near Manhole 1 located on the south side of Pasco- Kahlotus Highway; then south approximately 1,430 LF through the property owned by Fifties I to the south property boundary; then westerly along the southern property boundary approximately Sewer System Extension Agreement — Fifties I, LLC Page 1 December 5, 2013 1,760 LF to Commercial Avenue Loop (aka Old Kahlotus Hwy.); then south for approximately 400 LF along Commercial Avenue Loop. The design of the sewer system extension shall be in accordance with the latest City of Pasco requirements and standards including any adopted or referenced state and federal requirements and standards. The engineering design, construction plans and specifications shall be submitted to the City for review and/or approval at the 60% and Final stages of design. B. From the design, as approved by the City, construct the system extension including all pipe, manholes and appurtenances in accordance with applicable City, state and federal standards and requirements. C. Be responsible for the cost of the design of the sewer system extension, as described in Exhibit B. D. Be responsible for the costs associated with the furnishing of materials and labor, and construction of the equivalent of a 10 -In. diameter pipeline including manholes and associated appurtenances necessary to provide adequate domestic sewer service to the proposed properties, along the alignment described above. E. Shall at its own cost and efforts secure all reviews, approvals and permits from any and all applicable jurisdictions, and pay all associated fees. F. Shall execute all deeds, documents, permits, agreements and checklists necessary for the permitting and conveyance of property and construction of the system extension described above and the performance of this Agreement. G. Enter into a Latecomer's Agreement with the City, to provide for future reimbursement of incurred costs from owners /developers of property who desire to connect but did not contribute to the costs of the sewer system extension improvements. 2. CITY OBLIGATIONS. City shall: A. Process in its usual course, Fifties I's applications for plan review and permits associated with the sewer system extension project as described above and in Exhibit A, in a timely manner. B. Provide project design criteria, and determine the size of pipe, spacing of manholes and other appurtenances required to maintain the integrity of the City's sewer system. C. Provide timely reviews of the engineering design, construction plans and specifications at the 60% and Final submittals. Sewer System Extension Agreement — Fifties I, LLC Page 2 December 5, 2013 D. Provide inspection services during the course of construction consistent with the level of effort utilized on other capital and development projects within the City, or as may be required to ensure the required quality of the completed work. E. Be responsible for the incremental increase in cost between a 10 -In. pipe system and the actual pipe size required, as included in the construction cost estimates prepared by Rotschy, Ina (provided by Fifties I in October 2013), and reviewed and adjusted by the City (summarized in Exhibit B). The City's share of the construction costs shall not exceed $54,179.75, including Washington State Sales Tax, except as may be negotiated and agreed upon by both parties, in writing, by amendment to the Agreement. F. Upon satisfactory completion of the improvements described above, accept the dedication of the sewer system extension improvements as described in Exhibit A and Exhibit C, and by Council resolution accept ownership thereof, and maintenance and operation of the improvements thereafter. G. Enter into Latecomer's Agreements with Fifties, I to provide for future reimbursement of incurred costs from owners /developers of property who desire to connect but did not contribute to the costs of the sewer system extension improvements. 3. TERM. This Agreement shall be effective commencing on the day of December, 2013, and all improvements, conveyances and obligations of the parties shall be complete on or before July 1, 2014. The Agreement shall terminate on August 1, 2014, or with the completion and acceptance of the sewer system extension improvements, whichever is sooner. 4. AUTHORITY TO APPROVE AGREEMENT. The parties represent and warrant that all steps necessary for the approval of this Agreement have been completed by: A. Fifties I, LLC by its Managing Member. B. City of Pasco by the Pasco City Council. The officers signing below are authorized to do so and that the execution of this Sewer System Extension Agreement is valid and binding for all purposes. 5. DISPUTE RESOLUTION. In the event of a dispute between the parties regarding the interpretation, breach or enforcement of this Agreement, the parties shall first meet in a good faith effort to resolve the dispute by themselves or with the assistance of a mediator. The remaining dispute shall be resolved by arbitration pursuant to RCW 7.04A, the Mandatory Rules of Arbitration (MAR), with all parties waiving the right of a jury trial upon de novo Sewer System Extension Agreement — Fifties I, LLC Page 3 December 5, 2013 review, with the substantially prevailing party being awarded its reasonable attorney fees and costs against the other. 6. GENERAL PROVISIONS. A. This Sewer System Extension Agreement constitutes the entire agreement between the parties, and no prior oral or written agreement shall be valid, and any modifications of this Agreement must be in writing signed by all parties. B. This Sewer System Extension Agreement shall be binding on the parties, and their heirs, successors and assigns. C. For the purpose of this Agreement, time is of the essence. 7. MUTUAL COOPERATON AND FURTHER AGREEMENTS. The parties agree to cooperate in good faith, with regard to each and every aspect required for the completion of the construction of the sewer system extension which is the object of this Agreement, and the transfer of property, and to further sign all documents, deeds and permits reasonably necessary to accomplish the purposes of this Agreement. DATED this day of December, 2013. CITY OF PASCO Gary Crutchfield City Manager FIFTIES I, LLC Cheryl Berg Managing Member Sewer System Extension Agreement— Fifties I, LLC Page 4 December 5, 2013 EXHIBIT A CITY OF PASCO SEWER SYSTEM EXTENSION IN THE COMMERCIAL - KAHLOTUS AREA DESCRIPTION OF PROJECT Introduction: For the past several months, Mr. Thomas Kidwell, representing a group of property owners including Fifties I, LLC, Oregon Potato (Freeze- Pack), Carson Ag, LLC (Agri-Pak), and Pasco Industrial Properties, LLC, has been discussing development plans and the need for a gravity sewer extension to the properties in the Commercial Avenue / Pasco - Kahlotus Highway area, with the City. The City had previously recognized the need for a gravity sewer main to serve the existing industrial users and developing properties; and had completed the design of a system that was proposed to be constructed and financed by a Local Improvement District. Mr. Kidwell, on behalf of all of the private properties, approached the City and proposed that the private property owners would redesign the sewer main route, construct and fund the construction. The sewer extension would connect to the Commercial- Kahlotus Lift Station, recently completed by the City. The proposal also included a provision that the City would assume the cost of any oversizing of the pipeline and extra depth that might be required to serve the larger area. Project Description: The proposed project will extend City of Pasco domestic sewer service from a connection point at the Commercial- Kahlotus Lift Station inlet pipe near Manhole 1 located on the south side of Pasco- Kahlotus Highway; then south approximately 1,430 LF through the property owned by Fifties I to the south property boundary; then westerly along the southern property boundary approximately 1,760 LF to Commercial Avenue Loop (aka Old Kahlotus Hwy.); then south for approximately 400 LF along Commercial Avenue Loop. The sewer system extension will include necessary pipe, manholes and other appurtenances as determined by the City of Pasco. Design and construction will be in accordance with all current applicable City of Pasco standards and requirements and all applicable state and federal standards and requirements as may be adopted or referenced by the City. The sewer system extension alignment will be located as proposed by the property owners with input from and approval by the City of Pasco. General Cost Sharing Proposal: The parties have negotiated a cost sharing arrangement that generally provides for the following: Design — As the City of Pasco has previously completed the design of a sewer extension to the area and the property owners are proposing a revised alignment, the property owners shall be entirely responsible for the redesign of the sewer extension including the cost of design, topographical survey, preparation of construction documents, construction survey, and City plan review and construction inspection efforts for the work associated with the sewer system extension. • Construction — Fifties I shall be responsible for the entire cost of the equivalent of a 10 -inch pipe system. The City of Pasco will be responsible for the cost differential to provide a larger diameter pipe system where deemed to be required, by the City. Development specific costs — Each property owner will be responsible for the costs associated with their individual properties, developments, and businesses. The City shall bear no responsibility for these costs. Exhibit A — Fifties I, LLC Page 1 December 5, 2013 co { \ LU ) / §) ) ;; )] \} }\ )k )� /\ }\ §)\a){ \� \t { §)) 2 ob wo \ } \ \ }} &&J;a2 ( 2 �\ A # m _ § ) §§ § \ a » !\ \/ ri J /\ \ IL�\ 2 ! § { ) i ! !2 2 kk § ) / §) ) ;; )] \} }\ )k )� /\ }\ §)\a){ \� \t { §)) 2 ob wo \ } \ \ }} &&J;a2 U H CO x w °° 'OJN[12 VM'o —d MAye.1.11.1O,tl,emea. 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