HomeMy WebLinkAbout2006.10.23 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. October 23,2006
1. CALL TO ORDER
2. VERBAL REPORTS FROM COUNCILMEMBERS:
3. ITEMS FOR DISCUSSION:
(a) Vehicle Impound Regulations:
1, Agenda Report from Stan Strebel, Administrative & Community Services Director dated
October 12, 2006.
2. Proposed Ordinance-Vehicle Impounds.
3. Memorandum from the City Attorney dated September 22,2006.
4. Proposed Ordinance--Fee Amendments.
(b) Setting the 2007 Property Tax Levy:
1. Agenda Report from Jim Chase, Finance Manager dated October 17,2006.
2. Tax Levy Rate History Chart.
3. Assessed Value History Chart.
(c) Police Traffic Safety Officers:
1. Agenda Report from Denis Austin, Chief of Police dated October 17, 2006.
(d) Grand Old 4th Celebration:
1. Agenda Report from Gary Crutchfield, City Manager dated October 18, 2006.
2. Agreement.
(e) GMA Grant(INF006-072):
1. Agenda Report from David I. McDonald, City Planner dated October 18, 2006.
2. Notice of Grant Award.
3. Washington State Department of Community, Trade & Economic Development Grant
Contract.
(f) Resolution: Interfund Loans for 2005 Fund Balances:
1. Agenda Report from Jim Chase,Finance Manager dated October 18, 2006.
2. Proposed Resolution.
(g) Closing the Sun Willows Development Fund:
1. Agenda Report from Jim Chase, Finance Manager dated October 19, 2006.
2. Proposed Ordinance.
4. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
S. EXECUTIVE SESSION:
(a)
(b)
(c)
6. ADJOURNMENT.
Reminders:
1. 4:00 p.m., Monday, October 23, Port of Benton - Hanford Area Economic Investment Fund Board
Meeting. (COUNCILMEMBER MATT WATKINS,Rep.;JOE JACKSON, Alt.)
2. 12:00 p.m., Tuesday, October 24, El Caporal Restaurant, Prosser - Mayors' Luncheon Meeting.
(MAYOR JOYCE OLSON)
3. 7:30 a.m., Thursday, October 26, Clarion Hotel - Tri-Cities Visitor & Convention Bureau Board
Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN,Alt.)
4. 4:00 p.m,, Thursday, October 26, Toyota Center-TRIDEC Board Meeting. (COUNCILMEMBER
MIKE GARRISON,Rep.; TOM LARSEN,Alt.)
Workshop Meeting 2 October 23, 2006
5. 5:30 p.m., Thursday, October 26, Parks &Rec. Classroom—Parks and Recreation Advisory Council
Board Meeting. (COUNCILMEMBER REBECCA FRANCIK,Rep.; MIKE GARRISON, Alt.)
6. 5:30 p.m., Thursday, October 26, 710 W. Court Street — Community Action Committee Meeting.
(MAYOR JOYCE OLSON, Rep.; COUNCILMEMBER REBECCA FRANCIK,Alt.)
7. 7:00 p.m., Thursday, October 26, 800 W. Canal Drive Benton-Franklin District Board of Health
Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS)
8. 8:00 a.m. — 4:00 p.m., Friday, October 27, HAMMER Training and Education Center, Richland —
Fire Ops 101 Training. (MAYOR JOYCE OLSON)
9. 12:00 p.m., Wednesday, November 1, 1135 E. Hillsboro Street— Franklin County Mosquito Control
District Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; JOE JACKSON,Alt.)
AGENDA REPORT
FOR: City Council October 12, 2006
TO: Gary Crutchfi 1 Manager Workshop Mtg.: 10/23/06
Regular Mtg.: 1 1/6/06
FROM: Stan Strebel, dh iXeative and Community
Services Dire�fo
SUBJECT: Revisions to Pasco Municipal Code Regarding
Impounded Vehicles, Hearings and Fees Therefore
1. REFERENCE(S):
A. Proposed Ordinance —Vehicle Impounds
B. Memorandum from the City Attorney (September 22, 2006)
C. Proposed Ordinance— Fee Amendments
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
10/23: Discussion
11/6: MOTION: I move to adopt Ordinance No. , an Ordinance Amending the
Procedures and Application for Impound Hearing, Amending Certain
Sections of the Pasco Municipal Code and Enacting a New Section
9.60.035, and further, to authorize publication by summary only.
MOTION: I move to adopt Ordinance No. an Ordinance Amending
Chapter 3.07 of the Pasco Municipal Code regarding fees for Vehicle
Impound Hearings and Appeals, and further, to authorize publication
by summary only
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) Staff has recently become aware of inconsistencies between City Ordinance and
State law regarding the impoundment of vehicles and the conduct of hearings
regarding such impounds. These have been brought about by action of the
Legislature or directives of the State Supreme Court or the Court of Appeals.
(Please see the attached memo from the City Attorney, which discusses this in
detail.)
B) The attached draft ordinance is proposed to clarify the inconsistencies and bring
City procedures into harmony with State law. The proposed ordinance has been
reviewed with the different departments involved in the impound of vehicles or
appeals relating thereto and is recommended for adoption by Council.
C) A companion ordinance is also attached adopting the necessary fees into the Pasco
Municipal Code.
3(a)
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington,
Amending the Procedures and Application for Impound
Hearing Amending Section 10.18.010, 10.18.020, 10.18.030,
10.18.031, 10.18.032, 10.18.040, and 10.18.045; Repealing
10.18.050; and Enacting a New Section 9.60.035
WHEREAS, the State legislature has, on several occasions since the enactment of this
Ordinance, amended the statute authorizing impoundment for certain circumstances and in part,
as a result of recent decisions of the Washington State Supreme Court and recent changes in the
requirements of the Washington Administrative Code, changes are necessary to the City's
ordinances to reflect these changes, to become consistent with the State law and to provide for
the timely adjudication of such cases,NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 10.18.010 entitled "Authority to Impound Vehicles" of the
Pasco Municipal Code shall be and hereby is amended and shall read as follow:
10.18.010 AUTHORITY TO IMPOUND VEHICLES.
A) Grant of authority. City law
enforcement officers are hereby authorized and empowered to remove, tow and impound a
vehicle from a up blic streets or highway or right-of-way to a designated vehicle impound facility
including the business location of a registered tow truck operator under the circumstances
hereinafter enumerated:
1) Whenever a driver of a vehicle is arrested for a violation of RCW
46.61.502 (Driving Under the Influence); or- RGW 46.61.503 (Dr-iver- Under- Twefit�, One
Consuming leehel; RCW 46.61.504 (Physical Control of a Vehicle Under the
Influence); RCW 46.20.342 (Driving While License Invalidated); or RCW 46.20.345
(Operation Under Other License or Permit While License Suspended or Revoked) such
vehicle is subject to summary impoundment pursuant to the terms of this Chapter at the
direction of a law enforcement officer.
(2) Whenever- a vehiele without a spereial lieense, ear-d, plate, or ,
indieatitig the vehicle is being-used te tr-anspeA a disabled peso der- RG W 4 6 ,�T
handle-apped—or- dueled--par-king spaee, whieh spaee is previded--ems e padEi
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(3) Whenever-a-peke-af€teer finds-a vehicle standing upon the roadway ;
vielatien of any-ef Wiens-E)f RCAF-46.6 ,560 (pepping, Staf ding, e Parkin,,
"Osition off the foadway;
(4) Whenever -pekee o freer finds-a-vehie-le unattended itipen a highway
ble of taking steps to p „teet_his or-her- ef y;
(6) When-'o-;: the dfivef of a vehicle is affested and taken if4a eustedy by a
r
(8) Upon deteEmining that a er-ating a metef vehicle without a
valid dFiver-'s license in violfftien 46.20.005 (Driving Without a Lieetise) er- NN4-h
a lieense that has expired for- ninety (90) days of niefe.
(9)Wh nevef the drivel of a vehicle ice -Rffeste lccr or yialat'refi of RPAI
46,20.342 (Dr-ivifig While hieense Suspended of Revoked) or RCW 46.20.420 (Oper-ati-
RG-0`titEed).. -
2) In addition a law enforcement officer may take custody of a vehicle, at
his or her discretion after consideration of reasonable alternatives, and provide for its
prompt removal to a place of safety or designated vehicle impound facility under any of
the following circumstances:
Whenever a law enforcement officer finds a vehicle standing upon
the roadway in violation of any of the provisions of RCW 46.61.570 (Stopping,
Standing or Parking_Prohibited_in Specified Places), the officer may provide for
the removal of the vehicle or require the driver or other person in charge of the
vehicle to move the vehicle to a position off the roadway;
b) Whenever a law enforcement officer finds a vehicle unattended
upon a public street, highway or right-of-way where the vehicle constitutes an
obstruction to traffic or jeopardizes public safety;
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c) Whenever a law enforcement officer finds an unattended vehicle at
the scene of an accident or when the driver of a vehicle involved in an accident is
physically or mentally incapable of deciding upon steps to be taken to protect his
or her property,
d) Whenever the driver of a vehicle is arrested and taken into custody
by'a law enforcement officer-,
e) Whenever a law enforcement officer discovers a vehicle that the
officer determines to be a stolen vehicle,
f) Whenever a vehicle without a special license plate, plague, or
decal indicating_that the vehicle is being used to transfer a person with disabilities
under RCW 46.16.381 is parked in a stall or space clearly and conspicuously
marked under RCW 46.61.581 which space is provided on private property
without charge or on the publicrroperty;
gjUpon determining that a person is operating a motor vehicle
without a valid driver's license in violation of RCW 46.20.005 or with a license
that has been expired for ninety (90)days or more;
h) Whenever a vehicle is illegally occupying a restricted parking
zone including, but not limited to, truck or commercial loading zone, bus or taxi
loading zone, posted street construction or maintenance, or other similar zone,
where, by order of the Director of Public Works, Chief of Police or Fire Chief, of
their designees, parking is limited to designated classes of vehicles or is
prohibited during certain hours, on designated days or at all times, if the zone has
been established with si nage restricting parking for at least twenty-four (24)
hours giving notice to the public that a vehicle will be removed if illegally parked
in the zone, and where the vehicle is interfering with the proper and intended use
of the zone.
i) Whenever the driver of a vehicle is arrested for violation of RCW
46.61.503 (Driver Under Twenty-One Consuming Alcohol).
Nothing is this section may derogate from the powers of a law enforcement
officer under the Revised Code of Washington, including but not limited to RCW
46.55.080, RCW 46.55.085, RCW 46.55.113 or RCW 9A.88.140, or any other sections
of the Pasco Municipal Code, or the common law.
3) When an arrest is made for a violation of RCW 46.20.342 (DWLS,), if the
vehicle is a commercial vehicle and the driver of the vehicle is not the owner of the
vehicle, before summary impoundment directed under subsection (1) of this section, the
taw enforcement officer shall attempt in a reasonable and timely manner to contact the
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owner of the vehicle and.may release the vehicle to the owner if the owner is reasonably
available as long as the owner was not in the vehicle at the time of the stop and arrest
and the owner has not received a prior release under this subsection or RCW 46.55.120
1 a ii .
B) Notice to Owner of Liability for Costs and Fees. When any vehicle is removed,
towed or impounded pursuant to this chapter the owner of the vehicle shall pay the towing and
storage costs against the said vehicle, as well as any costs and fees assessed pursuant to this
chapter, before said vehicle is released. Notice of impound required by RCW 46.55.110 shall be
given by the tow truck operator.
C) Tow Truck Operator. The City shall appoint by competitive bid, contract,
rotational call agreement, or any combination of these methods, one or more properly licensed
tow truck operators registered with the State of Washington to provide such services. The Police
Department shall arrange for towing and storage of the impounded vehicle through a properly
licensed tow truck operator registered with the State of Washington and contracted with the City
of Pasco. It is required that the tow truck operators who contract with the City have a City
business license. A copy of the Towing Contractors current towing and storage rates shall be on
file with the Chief of Police and the Administrator of Pasco Municipal Court. An appointment
may be rescinded by the City upon evidence that the appointed tow truck operator is not
complying with the laws or rules relating to removal and storage of vehicles or this chapter. The
rates for towing and storage shall be imposed in accordance with rate schedules on file with the
Chief of Police and the Administrator for Pasco Municipal Court.
D) Costs. Any costs incurred in the removal of an impounded vehicle shall be paid
by the owner of the vehicle so removed, and the same shall be a lien upon such vehicle. (Ord.
3405 Sec. 1, 2000; Ord. 3341 Sec. 1, 1998.)
Section 2. That Section 10.18.020 entitled "Period of Impoundment" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
10.18.020 PERIOD OF IMPOUNDMENT.
A) Impoundment for Driving While License Suspended/Revoked. Pursuant to
46.20.342 (Dfiving While
Vehiele Under- Other- Lieense er- Peffflit Prehibited While Lieense Suspended or- s
dr-iver-'s states is
suspended third degree, the ehiele shall be iffipeended FAY thirty (30) d
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suspended seeend degree,the vehielp-. QAW-1.1 J&-� impeunded for-sixty.(60) days.
4 6,20.3 4 2 and the Washington Pepa;Affilefpt-elf 1-' . - )r-ds show that the driver's status is
suspended third de .
1) If the driver is arrested for a violation of RCW 46.20.342 (1)(c) (Third
Degree Suspended/Revoked) and has no convictions for violation of RCW 46.20.342 in
the past five (5) years, vehicle may be impounded, but no suspended driver hold shall
be placed on the vehicle. If the driver is also the registered owner, then the vehicle shall
be held until all outstanding penalties, fines, and forfeitures owed by him or her are
satisfied. The driver and or registered owner must present proof in a Court of law that he
or she has no outstanding penalties, fines, or forfeitures and the proof of financial
responsibility as required by RCW 46.29 at redemption.
2) If the driver is arrested for a violation of RCW 46.20.342 (1)(c) (Third
Degree Suspended/Revoked) and has any prior convictions for violations of RCW
46.20.342 in the past five (5) years, the vehicle may be held in impound for thirty (30)
dam
3) If the driver of the vehicle is arrested for a violation of RCW 46.20.342 (1)
(a) or (b) (First or Second Degree Suspended/Revoked), and has no convictions for
violations of RCW 46.20.342 in the past five (5) years, the vehicle may be held in
impound for thirty (30) days.
4) If the driver of the velucle is arrested for a violation of RCW 46.20.342
(1)a) or (b) (First or Second be reg a Suspended/Revoked) and has been convicted of a
violation of RCW 46.20.342 (1) (a) or (b) in the past five (5) years, the vehicle may be
held in impound for sixty(60) days.
5)_ If the driver of the vehicle is arrested for a violation of RCW 46.20.342
(1)(a) or (b) (First of Second Degree Suspended/Revoked) and has been convicted of a
violation of RCW 46.20.342 (1)(a) or (b) two or more times in the past five (5) years, the
vehicle may be held in impound for ninety (90)days.
(213) Impoundment for Other Violations. Pursuant to the authority of RCW 46.55.113,
whenever the driver of a vehicle is arrested for a violation of any of the provisions e€identified
in PMC 10.18.010 not listed in section (A) above, or a vehicle is towed and impounded pursuant
to the provisions of PMC 10.18.010 not listed in section (A) above, the vehicle sha44 may be
impounded until such time as the registered or legal owner of said vehicle, a party having interest
in the vehicle, or a person authorized by the registered or legal owner, or one who has purchased
the vehicle for value from the registered or legal owner, who produces ownership or
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authorization and signs a receipt therefore, appears in person to redeem said vehicle. For the
purpose of this Chapter, a person having an interest in the vehicle is a spouse, member of the
immediate family or household, or other person relying upon the use of the vehicle to meet
working, education, medical needs, or securing the necessities of life.
C) The release of all vehicles impounded under this section shall be subject to the
provisions of Section 10.18.030_below. Commercially rented vehicles may be impounded,
however, no suspended driver holds shall be placed upon these vehicles. The rental company
owning such vehicle, shall be notified by phone of such impound. (Ord. 3405.Sec. 1, 2000; Ord.
3341 Sec. 1, 1998)
Section 3. That Section 10.18.030 entitled "Redemption of Impounded Vehicles" of
the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
10.18.030 REDEMPTION OF IMPOUNDED VEHICLES. Vehicles or other items
of personal property registered or titled with the Washington State Department of Licensing or
other similar agency impounded at the direction of the City law enforcement or code
enforcement officer shall be redeemed only tinder the following circumstances:
A) An impeended vehiele Redemption may be rya permitted only by:
1) The legal owner, registered owner, er- their--spouse-er;
a party having interest in the vehicle, or ep rson
authorized in writing by the legal owner of the vehicle.
2) The
vehicle's insurer.
3) ,
ewnership. A person who is determined and verified by the impound operator to have the
permission of the registered owner of the vehicle or other item of title or registered
personal propertL.
4) A rental eaf ageney fedeeming a rental fleet vehiele. One who has
purchased the vehicle or item of registered or titled personal property from the registered
owner who produces proof of ownership or written authorization and signs a receipt
therefore, and provides proof of financial responsibility as required by RCW 46.29 may
redeem an impounded vehicle or item of titled or registered personal property.
5) In addition, a vehicle impounded because the operator is in violation of
RCW 46.20.342 (1)(c) shall not be released until a person eligible to redeem it under this
subsection satisfies the requirements of RCW 46.55.120 (e), including paying all towing,
removal, and storage fees, notwithstanding the fact that the impound hold period was
ordered by the City. If the Washington State Department of License's records show that
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the driver has been convicted of a violation of RCW 46.20.342 within the past five (5)
years the vehicle may be held for up to thirty (30) days at the written direction of the
Pasco Police Department. A vehicle impounded because the driver is arrested for a
violation of RCW 46,20.342 may be released only pursuant to a written order from the
City or from the Court having, jurisdiction. The City may issue a written order for early
release of the impounded vehicles provided in Section 10.18.030.
5) A tV- _ _l'___1_ ^l.__l__ __ lefi of with a nett atoll seearity interest in the
, and storage. A rental
car business may immediately redeem a rental vehicle it owns by payment of the costs of
removal towing and storage where upon the vehicle will not be held where the.
suspended license impound.
6 A motor vehicle dealer or lender with a perfected..security interest in the
vehicle may redeem or lawfully repossess a vehicle immediately by payment of the costs
of removal towing and storage, where upon the vehicle will not be held for a suspended
license impound as permitted by RCW 46.55.120 (1)(d),
(B) n r-edeeming a etiiele impounded must, prier to r-d emptae a, establish t per-safi She has n Valid llriyer'a linen
above;the per-sen seeking to r-edeeffl the vehiele meets the -eenditions listed in (A) and (B) the
7 60 er- 90 days as stated on the Pasee Poliee DepaAffient.
paid.the per-son seeking to r-edeeffl the vehiele ffleets the eenditiens listed in (A) afid (B) above alid all
of the asseeiated nests and fees f r the towing and storage a aid
( per-son so redeeming a vehicle-impaunded—b3 the
18.10.020 (A) and (B) shall pa), th itfaetar- for- eests ke towing and star-age for the
amended. (Ord. 3405 Sec. 1, 2000; Ord. 3341 Sec. 1, 1998.)
Section 4. That Section 10.18,031 entitled "Early Release of Impounded Vehicles" of
the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
10,18.031 EARLY RELEASE OF IMPOUND VEHICLES. Any person seeking to
f:edeem a vehiele impounded pur-stiant te this ehaptef may request a hearing before the 14ear-ing
Impound of Vehicle Ordinance- 7
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Offieer-designed by the Gity Manager. A -ay only be fequeste&
(1) To r-equest eat-15, release due te petsenal or- eeonaniie ;
(3) T k I l e g dispute the amount o f the to and sto a ehafnas
r' _ ��n nr v .. z,raui�v
A) Any person authorized to redeem a vehicle or item of registered or titled personal
property under Section 10.18.030 seeking to redeem a vehicle impounded may request the-early
redemption of a vehicle subject to a suspension impound hold only Mn the following asis:
1 Economic or personal hardship to a person having an interest in the
vehicle taking into consideration public safety factors, including the operator's criminal
history and driving record,or
2) The owner of the vehicle was not the driver, the owner did not know that
the driver's license was suspended or revoked, and the owner has not received a prior
release of the vehicle under this subsection or RCW 46.55.113 (3) (commercial vehicle
lease .
In order to avoid discrimatoLy application, other than the reasons set forth above,
the City shall, deny release of the vehicle in all other circumstances without discretion.
B) Any person identified in Section 10.18.030 seeking to redeem a vehicle
impounded pursuant to this chapter may request a hearing before the City Hearing Examiner
under 2.19 of this Code. The hearing may only be Fequested:
To request, or appeal the City's denial of an early release due to economic
or personal hardship to a person having an interest in the vehicle considering_public
safety, the operator's criminal history and driving record,or
2) To request an early release on the grounds that the owner of the vehicle
was not the driver, the owner did not know that the driver's license was suspended or
revoked, and the owner has not received a prior release of this section or RCW 46.55.113
i
3) To contest the validity of the impound, or
4 To challenge or dispute the amount of the towing and storage charges.
C) The hearing examiner shall consider the following
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D RA FT'##3 10 118/06
(al) Economic or Personal or- Eeenemic Hardship. The Hearing Off eff
Examiner is authorized to release a vehicle impounded pursuant to PMC 10.18.020 (A)
prior to the expiration of any period of impoundment upon petition of the spouse of the
driver's a
person having an interest in the vehicle, or the owner of the vehicle who was not the
operator at the time of impoundment, based on economic or personal hardship to such
person or entity resulting from the unavailability of the vehicle, and after consideration of
any threat to the public safety that may result from the release of the vehicle, including,
but not limited to, the driver's criminal history,driving record, license status and access to
the vehicle. If such release is authorized, the person redeeming the vehicle must still
satisfy the requirements of PMC 10,18,030 (A)(B)and (E).
2) Contesting the Validity of Impound. A person seeking to redeem a
vehicle impoundment pursuant to this chapter may petition for a hearing before the
Hearing 9ffleer Examiner to contest the validity of the impoundment. The petitioner
should be prepared to show at the hearing why the impoundment was not proper.
3) Challenging the Impoundment Costs and Storage Fees. A person who
seeks to challenge the costs of towing and the storage fees may petition for a hearing
before the Hearing Offieef Examiner to do so. The petitioner should be prepared to show
at the hearing why the costs and fees charged are not proper and should not be imposed.
(Ord. 3405 Sect. 1,.2000.)
Section 5. That Section 10.18.032 entitled "Request for Hearing" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
10.18.032 REQUEST FOR HEARING. Any request for a hearing shall be made in
writing, on a form provided for that purpose. The request must be. received by the Chief of
Police within ten (10) days of the receipt of notice from the registered tow truck operator that
effected the impoundment together with an administrative he arine fee pursuant to PMC 3.07. If
the hearing request is not received by the Chief of Police within the ten (10) day period, the right
to a hearing is. waived and the registered owner is liable for any towing, storage, or other
impoundment charges permitted under this chapter.
Only upon a showing of good cause will a late request for a hearing be considered. For
the purpose of this section good cause shall be defined as circumstances beyond the control of
the person seeking the hearing that prevented such person from filing a timely request for
hearing. In the event such extension is granted, the person receiving such extension shall be
granted a hearing in accordance with this chapter.
dete
a
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the Vehiele;
(B) The validity ef the impei�tfidffieiil., towing and sterage . (Ord. 3405 Sec. 1,
2000.)
Section 6. That Section 10.18.040 entitled "Impoundment Hearing Procedure" of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
10.18.040 IMPOUNDMENT HEARING PROCEDURE. Hearings requested
pursuant to PMC 10.18.030 shall be held before the Hearing OffieeiF Examiner who shall
determine:
A) Whether an pegs al er economic or personal hardship exists justifying an early
release of the vehicle; or
B) Whether the non-driver owner had knowledge of the driver's license suspension;
or
BC) Whether the impoundment was proper; or
GD) Whether the associated towing fees, storage costs and administrative hearing fees
are in accordance with those rates on file with the Chief of Police and Court Administrator as
provided in Section 10.18.010 in accordance with the following procedure:
1} The Hearing Off se Examiner shall within five (5) days of the request for
hearing, notify the registered tow truck operator, the person requesting the hearing (if not
the owner), the registered or legal owner of the vehicle, and the person or agency
authorizing the impound of the hearing date and time.
2) At the hearing, the person or persons requesting the hearing may produce
any relevant evidence'to show ownership of the impounded.vehicle and to show that the
impoundment, towing or storage fees charged were not proper. The Hearing Offeer-
Examiner shall consider a written report made under penalty of perjury by the officer
who authorized the impoundment in lieu of the officer's personal appearance at the
hearing. If the person or persons requesting the hearing requires the presence of the
officer who authorized the impoundment, they must subpoena the officer and may be
responsible for witness fees relating to the officer's presence. Any person requiring the
services of an interpreter shall arrange, at their cost, for the presence of a certified
interpreter at the hearing. At the hearing, an abstract of the driver's driving record is
admissible without further evidentiary foundation and is prima facie evidence of the
status of the driver's license, permit or privilege to drive and that the driver was convicted
of each offense shown on the abstract. In addition, a Department of Licensing abstract of
the vehicle registration of the impounded vehicle is admissible without further
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evidentiary foundation and is evidence of the identity of the registered owner of the
vehicle.
OE) At the conclusion of the hearing, the Hearing O€€ee Examiner shall determine
whether the impoundment was proper; whether an economic or personal hardship exists
justifying early release of the impounded vehicle; whether the towing and storage fees charged
were in accordance with the posted rates filed with the Chief of Police and Court Administrator;
and who is responsible for payment of the fees. The Hearing O€€ee Examiner may not adjust
fees or charges that are in compliance with the posted or contracted rates that are on file with the
Chief of Police and Court Administrator.
€I~ If the impoundment is found to be proper, the Hearing O€ eer Examiner shall
enter an order so stating. Additionally, the Hearing Of€leer Examiner shall order the
impoundment, towing and storage fees as permitted under this chapter together with
administrative fees to be assessed against the person or persons requesting the hearing.
FQ) If the impoundment is found to be improper, the Hearing Of€ee1 Examiner shall.
enter an order so stating, order the immediate release of the vehicle, if still impounded, and order
that the registered or legal owners of the vehicle shall not be required to pay impound, towing or
storage fees, any security shall be returned or discharged as appropriate, and the person or
agency who authorized the impoundment shall be liable for any towing, storage or other
impoundment fees permitted under this chapter. The Hearing O€f1ee Examiner shall enter an
order in favor of the registered tow truck operator against the person or agency authorizing the
impound or the impoundment, towing and storage fees paid, together with an amount equal to
the administrative hearing fees required by law for the impound hearing petition. However, if an
impoundment arises from an alleged violation of RCW 46.20.342 DWLS or 46.20.42-0345
(Operation Under Other License While License Suspended or Revoked) and is determined to be
in violation of this chapter, the lie law enforcement Oofficer directing the impoundment and
the City employing the effiee shall not be liable for the ordered amount if the officer relied in
good faith and without gross negligence on the records of the Department of Licensing in
ascertaining that the operator of the vehicle had a suspended or revoked driver's license.
Ol) In the event the Hearing Officer-Examiner finds that the impound was proper, but
that the towing, storage or administrative hearing fees charged for the impoundment were in
excess of the rates posted in Section 10.18.010, the Hearing O€€reer Examiner shall determine
the correct fees to be charged prior to the release of the vehicle, or if the costs of impoundment
have been paid, shall enter an order against the towing contractor and in favor of the person who
has paid the costs of impoundment for the amount of the overpayment. .
H41) No determination of facts made at a hearing under this section shall have any
effect of collateral estoppel on a subsequent criminal prosecution and shall not preclude litigation
of those same facts in a subsequent criminal prosecution. (Ord. 3405 Sec. 1, 2000; Ord. 3341
Sec. 1, 1998.)
I
Impound of Vehicle Ordinance- I 1
DRAFT 93 10/18/06
Section 7. That Section 10.18.045 entitled "Appeal" of the Pasco Municipal Code
shall be and hereby is amended and shall read as follows:
10.18.045 APPEAL. Any decision of the Hearing Offieer Examiner may be appealed
to the Pasco Municipal Court for final judgment. The hearing on the appeal shall be de novo,
subject to the admission of the officer's written report, abstract of driving record and vehicle
registration as provided in PMC 10.18.040, which shall be permitted. A person appealing such a
decision must file a request for an appeal with the Clerk of the Pasco Municipal Court within
thirty (30)ten 0 0 days after the Hearing Offieer-'s Examiner's decision and must pay an appeal
filing fee of thii y one dollars ($3 00) pursuant to PMC 3.07. If a person fails to timely file a
request for appeal or pay the tiling fee, the right to appeal is waived and the Hearing O€€ieer-'s
Examiner's decision is final. (Ord. 3405 Sec. 1,2000.)
Section 8. That Section 10.18.050 entitled "Administrative Fee" of the Pasco
Municipal Code shall be and hereby is repealed in its entirety..
Section 9. That a new Section 9.60.093 entitled "Impoundment of Vehicles" of the
Pasco Municipal Code shall be and hereby is enacted and shall read as follows:
9.60.093 IMPOUNDMENT OF VEHICLES.
A) As an additional remedy for the abatement of any nuisances identified in this
chapter including unauthorized, abandoned,junked vehicles or parts thereof, on public or private.
property, a law enforcement or code enforcement officer may order the impoundment thereof
with the costs of removal to be assessed against the registered owner of the vehicle or against the
owner of the property on which the vehicle is located upon the following conditions:
1) A written notice of authorization to impound the vehicle by the City shall
be by registered and regular mail to the last registered owner of record of the vehicle and
the property owner designated by the records of the Franklin County Auditor, declaring
the abatement and removal as a public nuisance of the vehicle or part thereof notifying
them that a hearing may be requested within five (5) days of the date of posting, and that
if no hearing is requested,the vehicle or parts thereof will be removed.
2) If a timely request for hearing, including the payment of the administrative
appeal hearin fee, is received by the City, and notice giving the time, location and date
of the hearing on the question of abatement and removal of the vehicle or part thereof as
a public nuisance before the Pasco Hearing Examiner shall be mailed, by certified mail,
with a five (5) day return receipt requested, to the owner of the land as shown in the last
equalized assessment roll and to the last registered and legal owner of record of the
vehicle, unless. the vehicle is in such condition that identification numbers are. not
available to determine ownership.
3) This section shall not apply to:
Impound of Vehicle Ordinance- 12
DRAFT#3 10/18/06
a) A vehicle or part thereof that is completely enclosed within a
building in a lawful manner where it is not visible from the street or other public
or private property; or .
b) A vehicle or part thereof that is stored or parked in a lawful
manner on private property in connection with the business of a licensed
dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130.
C) Summary abatement due to an immediate and emergent threat to
the public.health, safety or welfare, or to the environment as provided in PMC
11.02.070.
4) The owner of land on which the vehicle is located may appear in person at
the hearing or present a written statement in time for consideration at the hearing, and
deny responsibility for the presence of the vehicle on the land,with his reasons for denial.
if it is determined at the hearing that the vehicle was placed on the land without the
consent of the landowner and that he has not subsequently acquiesced in its presence,
then the Hearing Examiner shall not assess costs of administration or removal of the
vehicle against the property upon which the vehicle is located or otherwise attempt to
collect the costs from the landowner.
B) The hearing before the Hearing Examiner shall be conducted pursuant to
the procedures established in Section 10.18.040 of this Code.
C) Upon determination by the Hearing Examiner that the vehicle or part thereof
constitutes a nuisance, the vehicle or part thereof shall be removed at the request of a law
enforcement officer with notice to the Washington State Patrol and provide for the assessment of
costs against the owner of the vehicle and/or the owner of the property upon which it is located.
D) Any person aggrieved by the determination of the Hearing Examiner may be
appealed to the Pasco Municipal Court for final judgment pursuant to PMC 10.18.045.
Section 10. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this day of , 2006.
Joyce Olson
.Mayor
Impound of Vehicle Ordinance- 13
DRAFT#63 10/18/06
ATTEST: APPROVED AS TO FORM:
Leland B. Kerr
City Clerk City Attorney
Impound of Vehicle Ordinance- 14
DRAFT#3 10/18/06
CITY OF PASCO
SUMMARY OF ORDINANCE NO.
CITY OF PASCO SUMMARY ORDINANCE NO. At a regular meeting
held November 6, 2006, the Pasco City Council adopted Ordinance No.
ORDINANCE NO. , is an Ordinance Regarding the Impounding of Vehicles;
Amending the Procedures and Application for Impound Hearings and Amending Section
10.18.010, 10.18.020, 10.18.030, 10.18.031, 10.18.032, 10.18.040, 10.18.045, and 10.18.050 of
the Pasco Municipal Code. The Ordinance also enacts a new PMC Section 9.60.035 on
Impounds of Nuisance Vehicles.
The Ordinance takes effect five (5) days after publication.
The full text of Ordinance No. is available for review and copying at the city website
www.ci.pasco.wa.us. The full text of the Ordinance will be mailed upon request from the City
Clerk of the City of Pasco (509) 545-3402, PO Box 293, Pasco, Washington, 99301.
Sandy L. Kenworthy, Deputy City Clerk
PAINE, HAMBLEN, COFFIN, BROOKE & MILLER LLP
7025 West Grandridge Blvd., Suite A
Kennewick, Washington 99336-7724
(509) 735-1542
MEMORANDUM
TO: Stan Strebel, Director
Administrative & Community Services
City of Pasco
FROM: Leland B. Kerr
Attorney at Law
DATE: September 22, 2006
RE: Impound Ordinance
As I indicated in my previous memo, circumstances have arisen providing an opportunity to
review our impound hearing ordinance and procedure. In addition to the concerns previously
raised, this gives us an opportunity to likewise make some changes that were recently mandated
by the Washington Supreme Court and Court of Appeals.
As you recall, in 1998, the legislature changed the law in regards to impounds for violations of
driving while license suspended. It provided a mandatory hold period of 30 to 90 days
depending upon the nature of the driving while license suspended conviction. As a result, the
City amended its ordinance to come into compliance with both the new State law and the
procedures established by the Washington State Patrol under the Washington Administrative
Code.
This construed that the hold period is mandatory, however, the Supreme Court in 2002 ruled in
All Around Underground, Inc. vs. The Washington State Patrol, 148 Wn.2d 145, that the
legislative direction was permissive rather than mandatory and, therefore, made the impound a
matter of discretion. The statute, however, did not identify the factor for consideration in
utilizing this discretion and as a result, the State Patrol's procedures were validated.
In 2003, a similar case was presented to the Washington Court of Appeals in Becerra vs. City of
Warden, 117 Wn.App. 510, which invalidated the City of Warden's mandatory impound
ordinance which is virtually the same as the ordinance adopted by the City of Pasco.
Partially as a result of these cases, and the fact that the legislature has amended the impound
procedures four times since the City's enactment of this ordinance, this provided the perfect
opportunity to address all of these issues.
Stan Strebel
September 22, 2006
Page 2
As indicated in my previous memo, the amendment of RCW 46.55.113 has resulted in some
inconsistencies with our ordinance (10.1&.010) in regards to the authority of police ofPcers to
impound vehicles. The attached draft provides authority consistent with that statute and the
recent cases. It identifies the procedure for summary impound of vehicles involved in alcohol
and driving while license suspended arrests. It then provides for a discretionary impound of
vehicles involved in various other types of violations or safety hazards, likewise, bringing the
City's ordinance in compliance with the most recent State statutes.
This ordinance also makes changes to the hearing procedure, including the period of appeal to
likewise come into compliance with the present State statutes.
We have also made the changes to reflect the incorporation of the impound hearings under the
authority of the Hearing Examiner as provided in Section 2.19 of the Pasco Municipal Code.
Additionally, we have made changes to clarify the issue in regards to impounds as a result of
nuisance violations. RCW 46.55.240 identifies the specific elements that must be included in
local ordinances to authorize the impound. Nuisance impounds also require a hearing which we
incorporated as the same process for hearings on other impounds consistent with the statutory
mandate.
In addition, the Hearing Examiner, Doug Chambers, had some suggestions regarding
applications by members of the immediate family for the release of vehicles subject to a DWLS
conviction hold, specific timeframes for the appellate process and a requirement that proof of
financial responsibility must be proven at the time of release of an impounded automobile.
We are providing the draft ordinance in cross-through and underline format to help demonstrate
the differences contained in this proposed ordinance.
I would propose that this draft now be circulated with the Police Department, Municipal Court
and Code Enforcement to determine if there are other suggested changes that should be
incorporated and to revamp our procedures to come into compliance.
If you have any suggestions, questions or comments, please do not hesitate to give me a call.
LBK/sla
Attachment
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington. amending Pasco
Municipal Code Chapter 3.07"Fee Summary," Section 3.07.110 "POLICE."
WHEREAS, the City Council of the City of Pasco has determined that certain amendments
regarding the fees for services are warranted;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON,DO ORDAIN AS FOLLOWS:
Section 1. That Pasco Municipal Code Section 3,07.110 POLICE is amended to read as follows:
3.07.110 POLICE.
Fee/Charge Reference
A) Concealed Weapon Permit:
1) Application $36.00 RCW 9.41.070
2) F.B.I. Fingerprints $24.00 RCW 9.41.070
B) 3) Renewal Application $32.00 RCW 9.41.070
C—) 4) Late Renewal Application $42.00 RCW 9.41.070
D) 5) Replacement Fee $10,00 RCW 9.41.070
(Ord. 3543, 2002).
B) Vehicle Impounds
Administrative t-learin $50.00 PMC
10.18.032
2) Appeal of Hearing Examiner Decision $43.00 PMC
10.18.045
LRC W
2.6_ 2.060)
Section 2. This ordinance shall take frill force and effect five (5) days after its approval, passage
and publication as provided by law,
PASSED by the City Council of Pasco at a regular meeting this 6th day of November,2006.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney
CITY OF PASCO
SUMMARY OF ORDINANCE NO.
CITY OF PASCO ORDINANCE NO. . At a regular meeting held November 6,
2006, the Pasco City Council adopted Ordinance No.
ORDINANCE NO. is an ordinance amending PMC Section 3.07.110 regarding
vehicle impound hearing fees.
Each ordinance shall take effect five days after publication in the official newspaper of the City
of Pasco.
The full text of Ordinance No. is available for review and copying at the city website
www.ci.vasco.wa.us. The frill text of the Ordinance will be mailed upon request from the City
Clerk of the City of Pasco (509) 545-3402, PO Box 293, Pasco, Washington, 99301.
Sandy L.Kenworthy, Deputy City Clerk
AGENDA REPORT
FOR: City Council October 17, 2006•
TO: Gary Crutchfi 1 y anager Workshop Mtg.-; 10/23/06
Stan Strebel, list tive & Community Services Director
Regular Mt;.: 11/6/06
FROM Jim Chase, Finance Manager
SUBJECT: Setting the 2007 Property Tax Levy
I. REFERENCE(S):
1. Tax Levy Rate History Chart
2. Assessed Value History Chart .
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
10/23: Discussion
11/6: Conduct a Public Hearing
III. HISTORY AND FACTS BRIEF:
The maximum allowed levy rate, her state statute, that a City can levy per $1,000 of assessed
value is $3.60. The last time the City of Paso's levy rate was at that level was in 1992.
From 1992 to 1999 the City reduced the levy rate by not taking any of the allowable percentage
increase, which before .2002 was 6%, and preserved the unused levy capacity in case it were
needed in the future.
In November 1999, the voters approved Initiative 695 which eventually was ruled
unconstitutional. The legislature, however, reduced the Motor Vehicle Lxcise Tax (MVET) to
$30 per vehicle, which they determined to be the voter's intent of the initiative. To compensate
for the loss of fixture MVET ieverures, Council elected to use $450,000 of unused, preserved,
levy capacity. The levy rate for 2000 tdxes was set at $3.071 per $1,000 of assessed value, still
well below the $3.60 maximum.
In 2001 the voters approved Initiative 747, limiting the amount taxing districts call raise property
taxes over the previous year by the lesser of 1% or the Implicit Price Deflator (IPD), without a
vote of the people. IPD for the 2007 calculation is 3.419 % (July 2006) IPD is a national
inflation index. Pasco's bargaining unions typically include wage increases tied to the West
Coast (Seattle/Tacoma Area) Consumer Price Index (CPI). CPl for the year.ending July 2006 is
3.5%.
During 2006, Initiative 747 was challenged and declared unconstitutional by the King County
Superior Court. In August the Attorney General submitted a "Motion for Stipulated Order
Staying Judgment Pending Appeal" to the Washington State Supreme Court. The Supreme
Court Commissioner signed the "Stay". With that in place, property tax levies continue to be
limited to 1% growth plus new construction. It is assumed that the appeal will be heard by the
Supreme Court early in 2007.
The 2007 Preliminary Budget has been prepared using the 1% limit.
Despite the above challenges the City Counci l have been good stewards of taxpayer dollars. The
current general property tax levy rate of$2.3912 per $1,000 of assessed value is indicative of
3(b)
that sound financial stewardship. The 2006 rate is 66% of the maximum rate allowable and is
22% lower than the $3. 071 rate set in 2000.
Pasco has enjoyed the effects of continued growth within the city limits. A steady revenue
stream has also helped to keep property taxes well below the $3.60 maximum.
The property tax levy for 2007.will be comprised of the following three elements:
1. General Property Tax Levy.
2. 1999 Unlimited Tax General Obligation Fire Station/Library Bonds Debt Service.
3. 2002 Unlimited Tax General Obligation Refunding (1993)Bonds Debt Service.
The City is directed to certify property tax levies with the county by November 30 of each year.
1V. DISCUSSION:
The Franklin County Assessor has provided an assessed valuation(preliminary figure) of
$2,31.4,634,072 which is used to calculate 2007 taxes. This amount includes new construction of
$188,612,000. There were no annexations of property before the cutoff date of March 31St. The
County Assessor's Office did re-assess a portion of the properties within City limits (east of 201h
Avenue) this year. Those properties increased in assessed value by$138,026,601. Excluding
new construction, this calculates to an overall increase in assessed value from the previous year
of 6.94%.
The Franklin County Assessor uses a four year rotation to assess all real property in the County.
No portion of the City will be re-assessed in 2007 for 2008 taxes. The next re-assessment for the
property within City limits (west of 20"'Avenue)will take place in 2008 for taxes in 2009.
GENERAL PROPERTY TAX LEVY
The estimated property tax levy used in the Preliminary 2007 Budget is $5,205,000.
The Council has various options to setting the 2007 General Property Tax Levy. Following are
several of those options.
Option 1:
The following figures are from numbers provided by the Franklin County Assessor, adding the
1% increase and adding the value of new construction and annexations at last year's.rate and
adding those numbers to last year's total levy.
2006 Total General Property Tax Levy_ $4,752,886
1% increase in the levy rate based on the allowable
maximum levy 58,972
New Construction Values of$188,612,000
at the 2006 rate of$2.3912/$1,000 Assessed Value 451,859
Annexation Values of$0
at the 2006 rate of$2.391251,000 Assessed Value 0
Increase in the State Assessed Utilities of$0
at the 2006 rate of$2.39121$1,000 Assessed Value 0
$5,263,717
A 2007 General Levy of$5,263,717 using the assessed value of$2,314,634,072 calculates to a
levy rate of$2.2741 per$1,000 of assessed value. This is about 12 cents less than the 2006 levy
rate of$2.3912.
Option 2:
By not including any of the 1% increase as shown in Option 1, but including the tax resulting
from new construction, the actual levy rate for 2007 will reduce to $2.2487 per $1,000 of
assessed value. The 2007 General Property Tax Levy would be $5,204,745. This option was
used in setting the 2006 levy.
Option 3:
Last year the Council elected to preserve its excess levy capacity. This is the property taxes the
City did not levy but had the legal authority to do so. The amount preserved in last year's
preservation ordinance was $1,144,324.
If the City were to levy all of the tax available in Option 1 and choose to levy all the preserved
levy capacity, the General Levy would increase to $6,408,041. The levy rate would calculate to
$2.7685, still well below the maximum rate allowed,per state statute, of$3.60. Any or all of the
Preserved Capacity could legally be levied but would need a supermajority vote of the Council.
Preserved levy capacity, also referred to as "banked" levy capacity, is not money in a bank
account. It is merely monies left in the pockets of the taxpayers. The purpose of RCW
84.55.092 allowing a governmental entity to preserve future levy capacity is to "remove the
incentive for a taxing district to maintain its tax levy at the maximum level permitted under this
chapter, and to protect the future levy capacity of a taxing district that reduces its tax levy below
the level that it otherwise could impose under this chapter, by removing the adverse
consequences to future levy capacities resulting from such levy reductions." In plain English
this means if the tax is not needed, a City does not have to set the levy at the maximum amount.
The City can reserve that resource for future use. Preserving any unused levy capacity also
requires a supermajority vote.
1999 UNLIMITED TAX GENERAL OBLIGATION BOND DEBT SERVICE
The 2006 debt service requirement for the 1999 UTGO Bonds issued for the purpose of the
Library Remodel and Fire Station Relocation is $75,088 and $95,112, respectively. Staff
recommends the 1999 Unlimited Tax General Obligation Bond tax levy be set at those amounts.
The two ntunbers are not combined because they appeared on the official ballot separately when
voted upon. The county assessor's office requires we set these levies separately. The estimated
assessed value for properties subject to the tax (preliminary figure) is $2,048,231,625; this will
result in levy rates of$0.0367 and $0.0464, respectively, or a combined Ievy rate of$0.0831.
2006's levy rates were $0.0442 and $0.0560, respectively, or $0.1002 combined. The schedule
of payments calls for principal payments of$100,000 each year for the remaining 13 years. This
should reflect in decreased levy rates for the remaining payment schedule as the interest portion
declines.
2002 UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS
The 2002 Unlimited Tax General Obligation Refunding Bonds were issued to refund the 1993
General Obligation Bonds to take advantage of lower interest rates available and save the
taxpayer's money. The debt service requirements in 2007 for the 2002 UTGO Refunding Bonds
is $381,288 and staff recommends the 2002 Unlimited General Obligation Refunding Bonds tax
levy rate be set at that dollar amount. The estimated assessed value for properties subject to the
tax(preliminary figure) is $1,830,883,710. This equates to a levy rate of$0.2083 per$1,000 of
assessed value. This is down from the 2006 levy rate of$0.2500. Unlike the 1999 Bonds, the
principal payment amounts will increase over the remaining life of these bonds but the interest
portion will decrease keeping the annual payments at approximately $380,000.
V. OTHER:
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AGENDA REPORT
FOR: City Council October 17,2006
TO: Gary Crutch e ty Manager Workshop Mtg.: 10/23/06
FROM: Denis Austin, olice Chief Regular Mtg.: 11/6/06
SUBJECT: Police Traffic Safety Officers
1. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
14/23: Discussion
11/6: MOTION: I move to accept the grant from Washington Traffic Safety
Commission and, further, authorize the City Manager to employ
two additional police officers as soon as possible.
III. FISCAL IMPACT:
2007 2008 2009
Grant Funding.......................$70,000.......................$35,000... ..............................0
City's Portion .......................$70,000.....................$105,000.....................$140,000
IV. HISTORY AND FACTS BRIEF:
With the City's population growth, the police department has seen an increase in motor
vehicle traffic incidents that include collisions, traffic congestion and traffic safety
complaints. In a recent citizens' survey that was conducted by the City; overall traffic .
enforcement concerns ranked #2 of issues that the public believes need more attention.
In a 2004 citizen survey conducted by WRICOPS & WSU, traffic issues in Pasco
neighborhoods ranked as #3 concern. The police department requested funding
assistance from the Washington Traffic Safety Commission (WTSC) in an effort to
address the increase in traffic concerns. The WTSC has granted partial funding
assistance for two Traffic Safety Officer's salaries over the next two years.
V. DISCUSSION:
The WTSC grant will fund the salaries for '/z of two FTE (full time employees) for the
first year and '/4 of the two FTE salaries the second year. Acceptance of the grant will
require that two additional officers be hired as Traffic Safety Officers, as the grant money
can not be used to supplant existing salaries.
Acceptance of this grant will increase the number of commissioned officers from 62 to 64
with the understanding that the city will be fully responsible for the officers' salaries the
third year and beyond.
VI. CITY MANAGER NOTE:
Council should note that it takes at least 10 months to fully train a new officer; thus, the
community will not see much impact in the first year. It also means that the sooner the
officers are hired, the sooner the positive impact will be realized.
The non-budgeted share of the first year ($70,000) can be absorbed by the general fiend
ending balance, with the understanding that the 2008 operating budget (not the ending
balance)will need to absorb the $105,000 share that year and$140,000 in 2009.
3(c)
AGENDA REPORT
TO: City Council October 18,2006
FROM: Gary Crutchf. anager Workshop Mtg.: 10/23/06
Regular Mtg.: 1116/06
SUBJECT: Grand Old 4`" elebration
1. REFERENCE(S):
1. Agreement
11. ACTION REQUESTED OF COUNCIL 1 STAFF:RECOMMENDATIONS:
10/23 Discussion
11/6 MOTION: I move to approve the 50% cost sharing interlocal agreement with
Franklin County for co-sponsorship of the 2007 Grand Old 4`h Celebration
provided the city's share shall not exceed$80,000 and, ftirther, authorize
the.Mayor to sign the agreement.
III. FISCAL IMPACT:
$80,000 gross; estimated net effective cost less than$15,000
IV. HISTORY AND FACTS BRIEF:
A) The City has co-sponsored with Franklin County the expanded Grand Old 4`h
Celebration at TRAC each of the past two years (2005 and 2006). The expanded
version of the celebration provided a four-day event over the July 4 holiday, rather
than the one-day celebration traditionally sponsored solely by the City (the City's
cost for its previous one-day event was about $20,000 — most of that expense being
for fireworks). The purpose of expanding the event was not only to provide a larger
community celebration for benefit of the residents, but also to. generate additional
use of(and revenue for) the TRAC facility.
B) The 2005 celebration experienced a net operating loss of about $100,000, while the
2006 event did only slightly better — losing about $90,000. Both figures are split .
between the City and County (thus, the City spent about $50,000 in 2005 and
$45,000 in 2006). However, the real effect of those expenditures,is reduced by the
fact that TRAC received about $30,000 each year (reducing the shared loss by
$15,000 each). In addition, the City's share is further reduced by the fact the event
expenses included the July 4"' fireworks show, representing another $15,000; thus,
the City's net additional expense, after all considerations,approximated$15,000.
C) . Franklin County acknowledges that the expanded four-day event simply has not
succeeded as planned and now proposes to reduce it to 2.5 days (Friday evening
through Sunday evening) prior to the July 4"' celebration (see letter from Franklin
County Administrator).
V. DISCUSSION:
A) Staff concurs that the four-day event has not "caught on" with the community. The
concerts, however, have been fairly successful and represent a strong potential for
TRAC operations. To that end, continued partnership in the event may be warranted.
B} Inasmuch as the 2007 proposal includes the July 4°i fireworks expenditure and,
overall, should experience lower costs, the net effective cost to Pasco should be less
than $15,000. Thus, staff recommends Council approval.
3(d)
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITY OF PASCO
FOR CO-SPONSORSHIP OF 2007 GRAND OLD 4TH
AT THE TRADE RECREATION AGRICULTURAL CENTER(TRAC)
THIS IS AN INTERLOCAL AGREEMENT (hereinafter referred to as "Agreement"), entered into
under the authority of the Interlocal Cooperation Act, Chapter 39.34 RCW, between Franklin County,
Washington, a political subdivision of the State of Washington (hereinafter referred to as the "County")
and City of Pasco, Washington, a municipal corporation (hereinafter referred to as the "City"). THIS
AGREEMENT is made and entered into this day of C 6-e.r 2006. No new or separate legal
or administrative entity is created to administer the provisions of this Agreement.
1. PURPOSE
The parties hereto agree that it is to their mutual benefit, and the benefit of the citizenry, to offer
citizens and their families an opportunity to celebrate our Nation's Independence through a multi-day and
multi-faceted event_ Subsequently, this Agreement is to provide a contract for the County and City to
jointly and equally sponsor an event to be entitled the "Grand Old 4th" at TRAC scheduled for the 29th of
June through the 1st of July 2007 and the 4th of July 2007.
2. LOCATION
The Grand Old 4th shall be located at TRAC at 6600 Burden Boulevard, Pasco, Washington
99301, within Franklin County.
3. DEFINITIONS
a. "City' shall mean the City of Pasco, Washington_
b. "Costs" shall be any and all expenses and other monetary liabilities accrued in
the management of the 2007 Grand Old 4th.
C. "County' shall mean Franklin County, Washington.
d. "Expenses" shall be any and all costs and other monetary liabilities accrued in
the management of the 2007 Grand Old 4th.
e. "Management authority" shall be the right to make any and all decisions on
behalf of the parties hereto related to the organizing, the functioning, and
administration of the entire 2007 Grand Old 4th, and shall further include the
complete terms of Section 6.
f. "Parties" shall mean the County and the City.
4. DURATION OF CONTRACT
This Agreement shall commence upon execution and shall expire on the 31st day of August,
2007, unless otherwise modified or terminated by the parties.
5. GUIDING PRINCIPLES
The County and City agree to the following guiding principles:
1. Superior communication between County and City officials, staff, and citizens is essential
to the success of this Agreement.
2. In those instances where doubt or uncertainty exist, to err on the side of increased
communication and clarification.
3. Plan and implement all projects and programs with the perspective of all stakeholders in
mind.
4. Service delivery decisions will be based upon cost effectiveness.
JABOWEN1Grand Old 4th 20071City County Interlocal.doc 1
6 4 9 8
6. COUNTY'S RESPONSIBILITIES:
As a party to this Agreement, the County shall exercise sole management authority over the
entire 2007 Grand Old 4th on behalf of all parties. included in this Agreement. Management authority
shall include the following: 1) the scheduling, contracting, and expenditure of the total 2007 Grand Old
4th budget to secure services for the event, and 2) the organizing and management of the event from its
inception to its conclusion on July 4, 2007, and 3) the collection and distribution of any and all revenues
obtained from this event with a detailed accounting, and 4) comply with all terms and conditions
incorporated herein.
7. CITY'S RESPONSIBILITIES:
As a party to this Agreement, the City shall comply with all terms and conditions incorporated
herein. The City hereby grants the County all its rights, responsibilities, and authority, including
management authority, to carryout this Agreement and the 2007 Grand Old 4th. Additionally, as an event
co-sponsored by the City, the 2007 Grand Old 4th shall be exempt from the requirements of the City's
special events permit regulations; the City hereby grants the County a special use permit and all other
permits or licenses (required under Pasco Municipal Code (PMC) Chapter 5.25) except for those
provisions pertaining to temporary sales events by non-Pasco business license holders.
8. BUDGET
The total budget for the 2007 Grand Old 4th shall be One Hundred Sixty Thousand ($160,000.00)
dollars. The County shall provide Eighty Thousand ($80,000.00) dollars towards the budget of the 2007
Grand Old 4th. The City shall provide Eighty Thousand ($80,000.00) dollars towards the budget of the
2007 Grand Old 4th. The County shall not be obligated to provide any additional funds beyond its
$80,000.00 share towards the total budget. The City shall not be obligated to provide any additional
funds beyond its $80,000.00 share towards the total budget. The total budgeted funds shall only be
expended upon direct costs and expenses involved with the organizing and management of the 2007
Grand Old 4th, provided, however, neither party shall charge for its staff time. All funds submitted shall
be placed in the Franklin County 2007 Miscellaneous Expense Grand Old 4th Budget, Number 425-000-
001. The County and City shall both submit an initial payment of$40,000.00 to the fund by the 15th day
of January 2007. The County and City shall both submit the remaining $40,000.00 to the fund by the 1 st
day of May 2007. Following the aforementioned dates, said funds are non-refundable, unless mutually
agreed and negotiated by both parties.
The total budgeted funds shall only be expended upon costs and expenses accrued involved with
the organizing and management of the 2007 Grand Old 4th. The County shall have sole authority to
expend the total budgeted funds. Accrued costs and expenses shall be equally divided among the
parties hereto to include fifty percent(50%)assessed to the County and fifty percent(50%)assessed to
the City, not to exceed the total amount of budgeted funds referenced above.
9. REVENUES
The County shall collect any and all owed revenues from the 2007 Grand Old 4th. The County
shall deposit any and all collected revenues in the Franklin County 2007 Miscellaneous Expense Grand
Old 4th Budget, Number 425-000-001. Upon collection of all revenues, the County shall promptly
distribute fifty percent (50%) of said revenues to the City and shall maintain fifty percent (50%) of the
revenues as its ownership share.
10. TERMINATION
This Agreement shall only be terminated prior to the period of its duration upon the mutual
negotiation and agreement of both parties.
JABOWEN\Grand Old 4th 20071City County Intedocal.doc 2
11. DISPUTE RESOLUTION X98
In the event of a dispute between the County and City regarding the delivery of services under
this Agreement, the County Administrator and the City Manager or their designated representatives shall
review such dispute, review options for resolution, and enter into a mutually agreeable resolution on
behalf of the parties. The mutually agreeable resolution of the County Administrator and the City
Manager regarding the dispute shall be final as between the parties.
If any controversy or claim arising out of or relating to this Agreement or the alleged breach of
such Agreement that cannot be resolved by the County Administrator and the City Manager, the dispute
may be submitted to mediation and if still not resolved, shall be submitted to binding arbitration in
accordance with the rules and procedures set forth in Chapter 7.04 RCW, and the judgment or award
rendered by the arbitrator may be entered in any court having jurisdiction thereof.
For the purposes of this section, any actions or decisions made by the County Administrator shall
be subject to ratification by the Franklin County Board of Commissioners.
12. INDEMNIFICATION
The County shall indemnify and hold harmless the City, its agents, employees, and officers from
the intentional acts of negligence, if any, arising from the acts or omissions of the County, its agents,
employees, or officers as a result of this Agreement.
The City shall indemnify and hold harmless.the County, its agents, employees, and officers from
the intentional acts of negligence, if any, arising from the acts or omissions of the City, its agents,
employees, or officers, as a result of this Agreement.
13. NOTICES
Any notice or demand from either party to the other shall be in writing and shall be deemed duly
served if and when mailed by registered or certified mail, return receipt requested, to the addresses set
forth below.
If to the County: Franklin County
1016 North Fourth Avenue
Pasco, WA 99301
Attention: County Administrator
If to the City: City of Pasco
525 North Third Avenue
Pasco,WA 99301
Attention: City Manager
14. BENEFICIARIES OF CONTRACT
This Agreement is solely for the benefit of the County and the City and creates no rights or
benefits of any type in any third parties.
15. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties hereto and shall not be
modified or amended in any manner except by an instrument in writing executed by the parties hereto.
Previous drafts of the agreement or any portion thereof and any oral negotiations shall not be utilized in
any manner by either party should any dispute arise as to the intent of the Agreement.
J:IBOWEMGrand Old 4th 20071City County Interlocal.doc 3
' 0116 498
16. RECORD KEEPING
The County agrees to maintain a detailed and accurate record of the use of all budgeted funds,
including all costs and expenses actually incurred which shall be made available to the City upon request.
17. SEVERABILITY
In the event any provision of this Agreement shall be declared by a court of competent jurisdiction
to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions
shall not, in any way, be affected or impaired thereby.
18. AMENDMENT
The provisions of this Agreement may be amended with the mutual consent of the parties. No
additions to, or alterations of the terms of this Agreement shall be valid unless made in writing and
formally approved and executed by the duly authorized agents of both parties.
19. FILING OF AGREEMENT
This Agreement shall be filed pursuant to the requirements of RCW 39.34.040.
20. EXECUTION IN COUNTERPARTS
The County shall execute the original of this Agreement. Each other party hereto shall sign a
counterpart of the original of this Agreement. The parties hereto intend that all the signed counterparts
taken together with the original will be considered as one original document, and given full force and
effect as if all parties had signed one document.
IN WITNESS WHEREOF, Franklin County, ashington, has executed this Agreement by it's duly
authorized officials as of this day ofC 2006.
BOARD OF COUNTY COMMISSIONERS
FRANKI<f OUNTY,WASHINGTO
Ne a J. Corkru hairman
Robert E. Koch, airman Pro Tem
rank H. Brock, Mem er
ATTEST:
Clerk of twr8oard
J:IBOWENtGrand Old 4th 200nCity County Intertocal.doc 4
IN WITNESS WHEREOF, the City of Pasco, Washington has executed this Agreement by its duly
authorized officials as of this day of , 2006.
CITY OF PASCO
FRANKLIN COUNTY, WASHINGTON
Joyce Olson, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Leland Kerr, City Attorney
I
I
I
JABOWEN\Grand Old 4th 200ACity County Intedocal.doc 5
AGENDA REPORT NO. 98
FOR: City Council Date: 10/ 18/06
z
TO: Gary Crutchfie Manager Workshop: 10/23/06
Richard J. Sind h, Director Regular: 11/06/06
Community a Economic Development
FROM: David 1. McDonald, City Planner SUBJECT: GMA Grant (INF006-072)
I. REFERENCE(S):
A. Notice of Grant Award
B. Washington State Department of Community, Trade & Economic
Development grant contract
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to accept the State Community, Trade and Economic
Development GMA grant contract and authorize the City Manager to sign
said contract.
I1I. FISCAL IMPACT: $20,000 grant award to the City
IV. HISTORY AND FACTS BRIEF:
A. In anticipation of work needed to complete a State mandated update to
the City's Comprehensive Plan staff recently applied for grant funding to
assist with costs associated with the update.
B. On October 18, 2006 staff received notice that the City was awarded a
$20,000 grant.. Before the State will disperse the first portion ($10,000)
of the grant the City is required to sign a grant contract (#B under
references).
V. DISCUSSION:
A. Upon execution of the contract by the State, staff will prepare a
Request for Qualifications (RFQ) for a consultant to assist with
portions of the Comprehensive Plan update.
3(e)
STATF
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Yy'L 1889 a0
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT
128- 1016 Avenue SW - PO Box 42525 - Olympia, Washington 98504-2525 - (360)725-4000
October 3, 2006
Mr. Richard Smith
Community and Economic Development Director
City of Pasco
Post Office Box 293
Pasco,Washington 99301
Dear Mr. Smith:
I am pleased to inform you that City of Pasco has been selected by the Washington State
Department of Community, Trade and Economic Development (CTED) to receive a grant award in
the amount of $20,000. The grant is being awarded through Growth Management Services to
review and update the City of Pasco GMA Comprehensive Plan and related development
regulations.
Enclosed are two copies of the contract between City of Pasco and CTED for your Update Grant.
The scope of work is based on the application that City of Pasco submitted. If the contract meets
your approval, please have both copies signed by the authorized signatory and return them to
Growth Management Services, P.O. Box 42525, Olympia, WA 98504-2525, ATTN: GMS Grants.
If the signed contracts have not been received at the Growth Management Services offices by
January 3,2007, CTED may withdraw the award.
It is understood that staff from the Growth Management Services and the jurisdiction will work to
bring this project under contract as Quickly as possible. Please be aware that if funding to CTED is
reduced before the completion of your contract then the award may be reduced accordingly. If you
have any questions about this or the contract process in general, please contact Jaclyn Woodson at
(360) 725-3067, or email jaclynw @cted.wa.gov.
Sincerely, -
HE.(-.EIVED
Nancy K. Ousley, Assistant Director
Local Government Division
EN
Enclosures TDEPT
CTED Contract Face Sheet Contract Number: U07-63200-172
v1.32-811012005
Washington State Department of Community,Trade and Economic Development
Local Government Division
Growth Management Services
1. Contractor Name and Address 2. Contractor Doing Business As(optional)
City of Pasco
Post Office Box 293
Pasco, Washington 99301
3. Contractor Representative 4. CTED Representative
Name: Richard Smith Name: Janet Rogerson
Phone: (509) 545-3441 Phone: (360) 725-3047
Fax: (360)537-3350 Fax:
e-mail: smithr@ci.pasco.wa.us e-mail:janetr @cted.wa.gov
5. Contract Amount 6.Funding Source 7. Start Date 8.End Date
$20,000 Federal: ❑ State: 0 Other: ❑ NIA: ❑ 07/01/2006 06/30/2007
9. Federal Funds(as applicable) Federal Agency CFDA Number:
N/A N/A
10.Tax ID# 11. SWV# 12.UBI# 13.DUNS#
91-6001264
14.Contract Purpose
To review and update the City of Pasco GMA Comprehensive Plan and related development regulations.
The DEPARTMENT and CONTRACTOR acknowledge and accept the terms of this CONTRACT and attachments and have
executed this CONTRACT on the date below to start as of the date and year referenced above. The rights and obligations of
both parties to this CON'T'RACT are governed by this CONTRACT and following other documents incorporated by reference:
CONTRACT Terms and Conditions including Attachment "A" Work Plan,and Attachment"B" Budget.
FOR THE CONTRACTOR FOR THE DEPARTMENT
X
Nancy K. Ousley
Assistant Director
Name(please print)
Date
Title APPROVED AS TO FORM ONLY
Date Signature on file
Alan D.Copsey
Assistant Attorney General
August 10, 2006
Date
Page 1 of 11 413
CONTRACT NO,U07-63200-172
SECTION 6 - REIMBURSEMENT PROVISIONS
A. Funds will be disbursed per the schedule established in Attachment"B."
B. Only eligible project-related costs will be reimbursed. Ineligible costs include,but are not necessarily limited to:
capital expenses, such as land acquisition or construction costs; purchase of machinery; hosting expenses, such as
meals, lodging,or transportation incurred by persons other than staff and volunteers working directly on the
project; lobbying or political influencing; and other costs which are not directly related to the project.
C. Within twenty(20) days after receiving and approving the voucher, the DEPARTMENT shall remit to the
GRANTEE a warrant covering the DEPARTMENT's share of the costs incurred for work performed.
D. The final invoice voucher covering casts incurred for work performed on or before June 30, 2007, must be
submitted by the GRANTEE prior to July 10, 2007, to allow the DEPARTMENT sufficient time to process it.
Payment of the final voucher shall be contingent upon the DEPARTMENT's receipt and approval of any
products or deliverables designated in Attachment"A."
SECTION 7 - REPORTS
A. The GRANTEE shall submit a brief progress report on a form approved by the DEPARTMENT which describes
the progress made on the work program outlined in Attachment"A." Progress reports will be submitted on a
Semiannual calendar cycle. The Semiannual progress report shall also provide detail on the dedicated matching
funds.
B. The GRANTEE shall furnish, along with or prior to submitting the final invoice voucher, two copies of each final
product designated in Attachment"A."
SECTION 8 - ACKNOWLEDGMENT OF STATE FUNDING
The GRANTEE shall provide all project-related press releases to the DEPARTMENT. Press releases shall identify the
DEPARTMENT as a project financier.
Publications such as reports and pamphlets which are developed totally or in part with funds provided under this
CONTRACT shall give credit to the funding source by including the following: "Funds made available through the
Washington State Department of Community, Trade and Economic Development."
SECTION 9 - DOCUMENTATION, MONITORING,AND AUDIT
During the CONTRACT period and following its termination,the GRANTEE shall follow accounting procedures and
shall maintain books, records, documents, and other evidence which sufficiently and properly reflect all project specific
costs expended in the performance of this CONTRACT. The Office of the State Auditor or any persons duly authorized
by the DEPARTMENT shall have full access to and the right to inspect, excerpt, audit, or examine any of these materials
at all reasonable times for a period of six years after termination of the CONTRACT.
The GRANTEE agrees to provide a copy of its most recent audit and management letter if the DEPARTMENT so
requires.
The GRANTEE agrees to obtain an audit for specific expenditures under this CONTRACT if the DEPARTMENT so
requires. Costs of a required audit are an allowable expense.
Page 3 of 11 413
CONTRACT NO.U07-63200-172
D. In the event funding from the state, federal, or other sources is withdrawn,reduced, or limited in any way after
the effective date of this CONTRACT and prior to normal completion,the DEPARTMENT may unilaterally
reduce the scope of work and budget or terminate this CONTRACT.
SECTION 14-GRANTEE NOT OFFICER OR EMPLOYEE OF DEPARTMENT OR STATE
The GRANTEE, its employees, or agents performing under this CONTRACT are not deemed to be officers or employees
neither of the DEPARTMENT or the State of Washington. The GRANTEE will not hold itself out as or claim to be an
officer or employee of the DEPARTMENT or of the State of Washington and will not make any claim, demand, or
application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of
Washington.
SECTION 15 - USE OF SUBCONTRACTS
The GRANTEE may enter into subcontracts for any of the work contemplated under this CONTRACT without obtaining
prior written approval of the DEPARTMENT. The GRANTEE shall follow local policies regarding procurement or shall,
or in the absence of local policies, shall use a competitive procurement process.
Each subcontract that the GRANTEE enters into with a subcontractor, creditor, or another similar entity in the fulfillment
of this CONTRACT shall contain a clause providing notice that the DEPARTMENT and the State of Washington are not
responsible for any legal obligation, financial or otherwise, incurred by the GRANTEE.
The DEPARTMENT reserves the right to monitor the subcontractor selection process and contractual documents either
during or following the selection process.
The GRANTEE is responsible for the performance of any subcontractors. The GRANTEE shall require all subcontractor,
to follow the same rules and regulations as described in this document. All subcontractors must be monitored by the
GRANTEE to ensure fiscal accountability.
SECTION 16 - OWNERSHIP OF PROJECT MATERIALS
All finished or unfinished documents, data, studies, surveys, drawings, models,photographs, films, duplicating plates,
computer disks and reports prepared by the GRANTEE under this CONTRACT shall be works for hire under U.S.
copyright law. The DEPARTMENT may duplicate, use, and disclose in any manner and for any purpose whatsoever, all
materials prepared under this CONTRACT.
The GRANTEE must have prior approval of the DEPARMENT to produce patents, copyrights, patent rights, inventions,
original books, manuals, films, or other patentable or copyrightable materials, in whole or in part with funds received
under this CONTRACT. The DEPARTMENT reserves the right to determine whether protection of inventions of
discovery shall be disposed of and administered in order to protect the public interest. Before the GRANTEE copyrights
any materials produced with funds under this CONTRACT, the DEPARTMENT reserves the right to negotiate a
reasonable royalty fee and agreement.
Page 5 of 11 413
CONTRACT NO.U07-63200-172
SECTION 24-ENTIRE AGREEMENT
This contract,including referenced exhibits, represents all the terms and conditions agreed upon by the parties.No other
understandings or representations, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist
or to bind any of the parties hereto.
The attachments to this agreement are as follows:
ATTACHMENT A: "Work Plan," consisting of page(s); and
ATTACHMENT B: "Budget," consisting of page(s).
Page 7 of 11 413
CONTRACT NO.U07-63200-172
Goals/ Description Start Date End Date
Actions/
Deliverables
Goal 5.0 Establish Goals and Policies.
Action 5.1 Review County Wide Planning Policies. 12/4/2006 12/6/2006
Action 5.2 Prepare General and Administration goals and policies. 12/6/2006 12/15/2006
Action 5.3 Prepare Land Use goals and policies. 12/18/2006 1/8/2007
Action 5.5 Prepare Transportation goals and policies. 2/20/2007 3/19/2007
Action 5.6 Prepare Capital Facilities goals and policies. 3/19/2007 4/16/2007
Action 5.7 Prepare Utility goals and policies. 3/26/2007 4/20/2007
Action 5.8 Economic goals and policies. 4/23/2007 5/22/2007
Deliverable 5.9 Draft Comp Plan Goals and Policies. 5/22/2007 6/15/2007
Page 9 of 11 413
CONTRACT NO.U07-63200-172
ATTACHMENT B: BUDGET
The budget shall consist of the following elements:
1. Category of Expenditure
SFY 2006 SFY 2007 Total
Salaries and Benefits $ 0 $ 43,800 $ 43,800
Goods and Supplies $ 0 $ 3,600 $ 3,600
Professional Services $ 0 $ 23,000 $ 23,000
Other Goods and Services $ 0 $ 1,360 $ 1,360
Total $ 0 $ 71,760 $ 71,760
2. Budget Summary
SFY 2006 SFY 2007 Total
CTED Funds $ 0 $ 20,000 $ 20,000
Other Funds $ 0 $ 51,760 $ 51,760
Total $ 0 $ 71,760 $ 71,760
3. Payment Disbursement Schedule
Amount
Upon final signing of contract and before June 30, 2007 $ 10,000
After submission of first status report and before June 30, 2007 $ 8,000
Upon completion of the contract and before June 30, 2007 $ 2,000
4. Special Budget Provisions
A. For CONTRACTS over$30,000 the total amount of transfers of funds between line item budget
categories shall not exceed ten(10)percent of the total budget. If the cumulative amount of these
transfers exceeds or is expected to exceed ten percent, the total budget shall be subject to
justification and negotiation of a CONTRACT amendment by the GRANTEE and
the DEPARTMENT.
B. For CONTRACTS under$30,000 the total amount of transfers of funds between line item budget
categories shall not exceed twenty(20)percent of the total budget. If the cumulative amount of these
transfers exceeds or is expected to exceed twenty percent, the total budget shall be subject to
justification and negotiation of a CONTRACT amendment by the GRANTEE and
the DEPARTMENT.
C. A sum often(10)percent of funds shall be withheld until all tasks, activities, and final products
defined in ATTACHMENT "A" have been successfully completed by the GRANTEE and accepted
fully by the DEPARTMENT.
Page 11 of 11 413
AGENDA REPORT
FOR: City Council DATE: October 18, 2006
WORKSHOP MEETING: October 23, 2006
TO: Gary Crutchfi it anger REGULAR MTG: November 6, 2006
Stan Strebel, dm�r['" rive & Community Services Director
FROM: Jim Chase, Finance Manager
SUBJECT: INTER FUND LOANS FOR THE CITY STREET FUND, ARTERIAL STREET
FUND COMMUNITY DEVELOPMENT BLOCK GRANT FUND, AMBULANCE
SERVICE FUND SENIOR CENTER FUND LID CONSTRUCTION FUND, ULID
140 FUND AND THEEQUIPMENT RENTAL MAINTENANCE AND
OPERATIONS FUND.
I. REFERENCE(S):
l) Proposed Resolution.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
10/23/06 DISCUSSION
11/06/06 MOTION: I move to approve Resolution No. _ , authorizing
temporary inter-fund loans from the General Fund to the City
Street Fund, the Arterial Street Fund, the Community
Development Block Grant Fund, the Ambulance Service Fund
and the Senior Center Fund in the total amount of
$1,505,794.85, and from the Water/Sewer Utility Fund, to the
ULID 140, Fund, the Equipment Rental Operations and
Maintenance Fund and the LID Construction Fund in the total
amount of$614,745.71.
I1I. HISTORY AND FACTS BRIEF:
During the 2005 annual audit by the State Auditor's Office (SAO), the auditor found
several funds where the cash balance in the fund was in an overdraft position (negative
balance). The SAO is requiring a temporary loan to each of these funds as of December
31, 2005 to correct this. The interftind loans will be repaid as of January 1, 2006.
IV. FISCAL IMPACT:
$1,505,794.85 from the General Fund and $614,745.71 from the Water/Sewer Utility
Fund. Note: These loans.will be reversed as of January 1, 2006.
V. DISCUSSION:
An interfund loan is the only way that the General Fund can recoup moneys paid, or
loaned,to other funds, staff recommends authorizing zero percent loans to each fund due
and payable in one day. Staff will address any such issues towards the end of 2006 to
insure that no fund cash balance ends the year in an overdraft(negative)position.
Prior to the 2005, the State Auditor's Office did not require that all cash line items in
each funds had a positive balance at year end.
This does not mean that the City had been overdrawn at the bank.
VI. OTHER COMMENTS:
The loan from the General Fund is to fund those funds that normally have General Fund
financial support. There were outstanding receivables that were not collected by the end
of the year in the City Street Fund. The Arterial Street Fund shortage was caused by the
SR 395 and Argent Ramp Project where the City has now been reimbursed by the Port of
3(f)
Pasco and Columbia Basin College. There were outstanding receivables in the Block
Grant Fund. There were also outstanding receivables in the Ambulance Service Fund and
in the Sr. Center Fund.
The loan from the Water/Sewer Utility Fund is to cover utility related Funds. A small
shortage in the ULID 140 was caused by the payment of ULID bonds and interest that is
paid from the Water/Sewer Fund and monies transferred from the ULID 140 fund.
Historically the negative balance in the LID Construction Fund is rectified when the LID
project is complete. Both outstanding projects are Sewer LID's. The cash shortage in the
Equipment Rental Maintenance and Operation fund was caused, for the most part, by
increased gasoline prices and maintenance charges. The Equipment Rental Funds.are
designed to be reimbursed by the Funds that operate that equipment the following year.
RESOLUTION NO.
A RESOLUTION AUTHORIZING INTERFUND LOANS FROM THE
GENERAL FUND TO THE CITY STREET FUND, THE ARTERIAL
STREET FUND, THE COMMUNITY DEVELOPMENT BLOCK GRANT
FUND, THE AMBULANCE SERVICE FUND, AND THE SENIOR
CENTER FUND IN THE TOTAL SUM OF $1,505,794.85, AND AN
INTERFUND'LOAN FROM THE WATER/SEWER UTILITY FUND TO
THE EQUIPMENT RENTAL OPERATIONS-PROPRIETARY FUND, THE
LID CONSTRUCTION FUND THE ULID 140 FUND, IN THE TOTAL
SUM OF $614,745.71,FOR A GRAND TOTAL OF$2,120,540.56.
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 City
Street Fund, the Arterial Street Fund,the Community Development Block Grant Fund,the
Ambulance Service Fund, and the Senior Center Fund, and to provide for the repayment thereof,
and
WHEREAS,the City Council of the City of Pasco has found it to be in the best interest
of the City to lend funds from the Water/Sewer Utility Fund to the Equipment Rental Operations
&Maintenance-Proprietary Fund,the LID Construction Fund, and the ULID 140 Fund, and to
provide for the repayment thereof,
NOW,THEREFORE,
THE CITY OF PASCO,WASHINGTON HEREBY RESOLVES AS FOLLOWS:
1. Authorization for loan. The Finance Manager of the City of Pasco is hereby
authorized and directed to make the following loans from the City of Pasco General
Fund:
(A)To the City Street Fund in the sum of$11,542.06;
(B)To the Arterial Street Fund in the sum of$979,464.81;
(C)To the Community Development Block Grant Fund in the sum of
$122,960.06;
(D)To the Ambulance Service Fund in the sum of$389,960.06;
(E)To the Senior Center Fund in the sum of$1,881.74;
The Finance Manager of the City of Pasco is also hereby authorized and directed to
make the following loans from the Water/Sewer Utility Fund:
(F) To the Equipment Rental Operations and Maintenance-Proprietary Fund in the
sum of$109,612.14;
(G)To the LID Construction Fund in the sum of$501,487.63;
(H)To the ULID 140 Fund in the sum of$3,645.94.
2. Terms and Memorialization. The effective dates of the loans shall be December 31,
2005 and shall be due and payable 1 day thereafter. Such loans shall bear no interest.
This resolution shall constitute memorialization of these loan and their terms.
PASSED by the.City Council of the City of Pasco, Washington, this 6"'day of November 2006.
SIGNED in authentication of its passage this 6`1'day of November 6, 2006.
Joyce Olson, Mayor
ATTEST APPROVED AS TO FORM:
Debra L Clark, City Clerk Leland B. Kerr,City Attorney
AGENDA REPORT
FOR: City Council October 19, 2006
Workshop Mtg.: 10/23/06
TO: Gary Crutch f 1 Manager Regular Mtg.: 11/6/06
Stan Strebel, i ' trative & Community Services Director
FROM: Tim Chase,Fin nce Manager
SUBJECT: Closing the Sun Willows Development Fund
I. REFERENCE(S):
1. Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
10/23: Discussion
11/6: MOTION: I move to adopt Ordinance No. , authorizing the closure
of the Sun Willows Development Fund and, further, authorize
publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The Sun Willows Development Fund has served its purpose of accounting for funds
from the development and sale of City land within and immediately adjacent to the
Sun Willows Golf Course over the past 15 years.
V. DISCUSSION:
A) Given the City's primary goal of fostering more industrial investment, it would make
sense to place the unused fiends into the Industrial Development and Infrastructure
Fund. Doing so will permit the Sun Willows Development Fund to be closed, thus
reducing unnecessary accounting responsibilities.
3(9)
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, for the purpose
of closing out the Sun Willows Development Fund.
WHEREAS, a fund established by the City of Pasco no longer serves a useful purpose as
the commercial development around the Sun Willows Golf Course is completed
WHEREAS, it being in the interest of good and proper accounting procedures that this fund
be closed, and that any monies and liabilities still remaining therein be transferred to the
specified fund noted below.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY
ORDAIN AS FOLLOWS:
Section 1. The following fund is hereby closed and any monies and liabilities remaining
in this fund shall be transferred into the Industrial Development and Infrastructure Fund.
Section 2. Chapter No. 3.125 of the Pasco Municipal Code is hereby repealed.
Section 3. This ordinance shall take effect five (5) days after passage and publication.
PASSED by the City Council of the City of Pasco, Washington and approved as
provided by law this 6`]' day of November 2006.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Debra L: Clark Leland B. Kerr
City Clerk City Attorney