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HomeMy WebLinkAbout2007.07.02 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. July 2,2007 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated June 18, 2007. (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 $1,915,270.98 ($1,915,270.98 consisting of Claim Warrants numbered 160952 through 161213). 2. To approve Payroll Claims in the amount of $1,636,187.78, Voucher Nos. 36342 through 36494; and EFT Deposit Nos. 30017233 through 30017726. (c) Interagency Agreement for School Resource Officers: 1. Agenda Report from Denis Austin, Chief of Police dated June 18, 2007. 2. Proposed Interagency Agreement. To approve the two-year Interagency Agreement with the Pasco School District for School Resource Officers and, further, authorize the Mayor to sign the agreement. (d) Interagency Agreement for Summer School Services: 1. Agenda Report from Denis Austin, Chief of Police dated June 18, 2007. 2. Proposed Interagency Agreement. To approve the Interagency Agreement with the Pasco School District for Summer School Services and, further, authorize the Mayor to sign the agreement. (e) Traffic Safety Coordinator: 1. Agenda Report from Denis Austin, Chief of Police dated June 18, 2007. 2. Traffic Safety Task Force Project Agreement. To approve the two-year Traffic Safety Coordinator agreement with the Washington Traffic Safety Commission and, further, authorize the City Manager to implement the agreement. (f) Water Follies Agreement: 1. Agenda Report from Stan Strebel,Administrative&Community Services Director dated June 20, 2007. 2. Agreement for Operation of Water Follies Event(2007-2009). To approve a three-year agreement with the Tri-Cities Water Follies Association for the Water Follies event and, further, authorize the City Manager to sign the agreement. (g) Solid Waste Management Plan: 1. Agenda Report from Richard J. Smith, Community & Economic Development Director dated June 21, 2007. 2. Interlocal Agreement. To approve the Interlocal Agreement with Franklin County for development of the 2008 Integrated Franklin County Solid Waste Management Plan and, further, authorize the Mayor to sign the agreement. (RC) MOTION: I move to approve the Consent Agenda as read. Regular Meeting 2 July 2,2007 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) "Yard of the Month" Awards. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco residents have been invited to attend the Council meeting to receive Certificates of Appreciation from Mayor Joyce Olson for"Yard of the Month,"June 2007. 1. Edna Evans, 730 S. Douglas 2. Joseph and Virginia McDonald, 616 N. Road 44 3. Bob and Kim Castleberry,3608 Desert Plateau Drive 4. Michael and Angela Sharp, 7904 Saturna Drive (b) "Business of the Month" Appearance Award. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco business has been invited to attend the Council meeting to receive a Certificate of Appreciation from Mayor Joyce Olson for "Business of the Month Appearance Award,"June 2007. 1. In Home Medical,9527 Sandifur Parkway 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (None) 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (a) Community Survey: 1. Agenda Report from Gary Crutchfield,City Manager dated June 28, 2007. 2. Timeline for National Citizen Survey, September Class. MOTION: I move to authorize the City Manager to contract for conduct of the 2007 National Citizen Survey in an amount not to exceed $10,000. Q*(b) Special Permit: Crisis Response Building (Detox Center) (La Clinica for Franklin County) (1020 S. 7") (MF#SP07-004): 1. Agenda Report from David I. McDonald, City Planner dated June 27, 2007. 2. Report to Planning Commission. 3. Planning Commission Minutes: dated 5/17/07 &6/21/07. MOTION: I move to approve the special permit for the Crisis Response Building at the Franklin County Detox (1020 S. 7`h)as recommended by the Planning Commission, 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) Regular Meeting 3 July 2,2007 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter REMINDERS: 1. 1:30 p.m., Monday, July 2, KGH —Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; JOE JACKSON,Alt.) 2. 10:00 a.m., Wednesday, July 4 — Pasco's 19`h Annual Grand Old 4th of July Parade. (Check in at registration table at 4`h & Marie at 9:00 a.m.) (MAYOR JOYCE OLSON, COUNCILMEMBERS REBECCA FRANCIK,BOB HOFFMANN,JOE JACKSON,TOM LARSEN and MATT WATKINS) 3. 7:30 p.m., Wednesday, July 4, Dust Devils Stadium—Pasco's 4`h of July Fireworks Extravaganza Kickoff Celebration & Entertainment. (MAYOR JOYCE OLSON) (ALL COUNCILMEMBERS INVITED TO ATTEND) 4. 5:30 p.m., Thursday, July 5, Parks & Rec. Classroom — Parks & Recreation Advisory Council Meeting. (COUNCILMEMBER REBECCA FRANCIK, Rep.; MIKE GARRISON,Alt.) CITY HALL WILL BE CLOSED WEDNESDAY,JULY 4 IN HONOR OF THE 4TH OF JULY HOLIDAY. MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 18, 2007 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Joe Jackson, Tom Larsen, Joyce Olson, and Matt Watkins. Absent: Robert Hoffmann. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Richard Smith, Community & Economic Dev. Director; Bob Alberts, Public Works Director; David McDonald, City Planner; Michael McShane, City Engineer; Denis Austin, Police Chief; and Jim Chase, 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 June 4, 2007. (b) Bills and Communications: To approve General Claims in the amount of$2,272,937.64 ($7,663.99 in the form of Wire Transfer No. 4753 and, $2,265,273.65 consisting of Claim Warrants numbered 160702 through 160951). To approve bad debt write-offs for utility billing, ambulance, cemetery and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of $172,1 65.73 and, of that amount, authorize $121,747.13 be turned over for collection. (c) Appointment to Senior Services Advisory Committee: To reappoint Katie Barton to Position No. 7 on the Senior Services Advisory Committee with an expiration date of 04/01/10. (d) Appointment to Pasco Public Facilities District Board: To reappoint John Merk to Position No. 1 on the Public Facilities District Board with an expiration date of 07/14/11. (e) Final Plat—Tierra Vida Commercial, Phase 1 (Casa LLC) (MF#FP07-005): To approve the final plat for Tierra Vida Commercial, Phase 1. (f) Final Plat—Village at Pasco Heights, Phase 8 (R.C. Olin) (MF#FP06-007): To approve the final plat for the Village at Pasco Heights, Phase 8. (g) Final Plat—Broadmoor Estates, Phase 3 (New Tradition Homes) (MF#FP07- 003): To approve the final plat for Broadmoor Estates, Phase 3. (h) Final Plat—Northwest Commons, Phase 1 (EE Properties LLC) (MF#FP06- 008): To approve the final plat for Northwest Commons, Phase 1. 1 3(a)A MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 18, 2007 (i) Resolution No. 3029, a Resolution approving a revised Phasing Plan for the Linda Loviisa Preliminary Plat. To approve Resolution No. 3029, modifying the phasing for the Linda Loviisa Preliminary Plat. (j) Resolution No. 3030, a Resolution accepting work by Tenant Contractors, Inc., under contract for the Kurtzman Park Upgrades/Sun Willows Project. To approve Resolution No. 3030, accepting the work performed by Tenant Contractors, Inc., under contract for the Kurtzman Park Upgrades/Sun Willows Project. (k) Resolution No. 3031, a Resolution accepting work by Jesse's Lawn Maintenance, under contract for the North Burden Blvd. Parks Project. To approve Resolution No. 3031, accepting the work performed by Jesse's Lawn Maintenance under contract for the North Burden Blvd. Parks Project. (1) Resolution No. 3032, a Resolution accepting work performed by Inland Asphalt under contract for the 2006 Overlays Project,Project No. 06-3-03. To approve Resolution No. 3032, accepting the work performed by Inland Asphalt,under contract for the 2006 Overlays Project, Project No. 06-3-03. (m) Resolution No. 3033, a Resolution accepting work performed by Transtate Paving under contract for the Lewis Street/"A" Street Connector Project, Project No. 06-03-06. To approve Resolution No. 3033, accepting the work performed by Transtate Paving Company, under contract for the Lewis Street/"A" Street Connector Project, Project No. 06-3-06. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND/OR OFFICERS: Ms. Francik reported she and Messrs. Larsen and Crutchfield attended the AWC Annual Conference in Tacoma. Mr. Watkins reported he, Ms. Francik and Messrs. Garrison and Crutchfield took a tour of the Franklin County Jail. He also represented Pasco at a Seattle Seahawks community event at Columbia Park. Mr. Larsen reported on the AWC Annual Conference and he participated in the Juneteenth Parade. Mayor Olson also participated in the Juneteenth Parade. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Six-Year Transportation Improvement Plan 2008-2013: Council and Staff discussed the details of the plan. MAYOR OLSON DECLARED THE PUBLIC HEAWNG OPEN TO CONSIDER THE SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,AND THERE BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 18, 2007 Resolution No. 3034, a Resolution adopting the revised and extended Comprehensive Street, Storm Drain and Bridge Programs for the City of Pasco. MOTION: Mr. Watkins moved to approve Resolution No. 3034, thereby adopting the City's Six-Year Transportation Improvement Plan for 2008 through 2013. Mr. Jackson seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3834, an Ordinance of the City of Pasco,Washington, revising the City of Pasco Corporate Boundaries to coincide with Public Street, Road and Highway Right-of-Ways. MOTION: Mr. Watkins moved to adopt Ordinance No. 3834, modifying the boundary line between the City and County as mutually agreed through the City/County Interlocal Cooperation Agreement under Auditor's File No. 1702498 and, further, to authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. Ordinance No. 3835, an Ordinance relating to the waterworks utility of the City, including the sanitary sewerage system and the system of storm or surface water sewers as a part thereof; adopting a system or plan of additions to and betterments and extensions of the waterworks utility of the city; providing for the issuance and sale of$850,000 par value of water and sewer revenue bond, 2007, for the purpose of obtaining the funds with which to pay the cost of improvements in Utility Local Improvement Districts Nos. 141 and 142, fixing the date, form, denomination, maturities,interest rates, terms and covenants of the bonds authorized herein; and providing for the sale and delivery of the bonds to Piper Jaffray and Co., of Seattle, Washington. Mr. Jim Chase, Financial Services Manager, and Ms. Jane Towery,representing Piper Jaffray, explained the details of the Bond Sale. MOTION: Mr. Watkins moved to adopt Ordinance No. 3835, an Ordinance relating to the Waterworks Utility of the City, including the Sanitary Sewerage System and the System of Storm or Surface Water Sewers as a part thereof;providing for the issuance of Water and Sewer Revenue Bonds, 2007, for the purpose of obtaining the funds with which to pay the cost of improvements in Utility Local Improvement District(ULID) Nos. 141 and 142 and to pay the cost of Issuance and sale of those Bonds; fixing the date, form, denomination, maturities, interest rates, terms and covenants of the bonds authorized herein; and providing for the sale and delivery of the bonds to Piper Jaffray Company of Seattle, Washington; fixing the interest rate on ULID Nos. 141 and 142 installments and, further, to authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. Resolution No. 3035, a Resolution of the Pasco City Council authorizing the City Manager to implement a pilot project for an internet access center in the East Pasco neighborhood. Council and Staff discussed this issue. Ms. Danielle Krol, Director Mid-Columbia Library System, suggested spending the money to update the Pasco Library infrastructure. MOTION: Mr. Watkins moved to approve Resolution No. 3035, authorizing the City Manager to implement a pilot project for an internet access center in the East Pasco neighborhood. Mr. Jackson seconded. Motion carried by the following Roll Call vote. Yes—Garrison, Olson, Watkins, Jackson, Francik. No—Larsen. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 18, 2007 ADJOURNMENT: There being no further business, the meeting was adjourned at 8:02 p.m. APPROVED: ATTEST: Joyce Olson,Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 2nd day of July, 2007. 4 CITY OF PASCO Council Meeting of: July 2,2007 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the un r gned,d certify under penalty of perjury that the materials have been furnished,the services re d ed or a labor pe ormed as described herein and that the claim is a just,due and unpaid obligation inst t e city and th we are authorized to authenticate and cQrtify to s id m. Gary 7 tchfiel , Ci nag r James hase, Finance Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Check No.s 160952 through 161213 are approved for payment in the amount of$1,915,270.98,on this 2nd day of July,2007, Councilmember Councilmember SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 993.55 Judicial 4,20523 Executive 7,844.80 Police 152,017.87 Fire 6,132.31 Administration&Community Services 65,408.97 Community Development 120,232.64 Engineering 681.55 Non-Departmental 101,322.23 Library 89,727.30 TOTAL GENERAL FUND: 548,566.45 STREET 28,347.59 C. D. BLOCK GRANT 1,422.91 KING COMMUNITY CENTER 1,856.39 AMBULANCE SERVICE 3,554.62 CEMETERY 5,647.92 ATHLETIC PROGRAMS 4,940.00 SENIOR CENTER 4,217.52 MULTI MODAL FACILITY 3,252.83 RIVERSHORE TRAIL&MARINA MAIN 535.42 LITTER CONTROL 2,687.99 REVOLVING ABATEMENT _ 881.06 PARKS FUND 0.00 TRAC DEVELOPMENT 12,500.00 STADIUM/CONVENTION CENTER 7,342.15 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 14,634.62 METRO DRUG FORFEITURE FUND 1,929.36 GENERAL CONSTRUCTION 13,260.35 WATER/SEWER 1,026,462.78 EQUIPMENT RENTAL-OPERATING 41,680.31 EQUIPMENT RENTAL-REPLACEMENT 45,903.99 MEDICAL/DENTAL INSURANCE 57,808.41 CENTRAL STORES 4,942.16 FIRE PENSIONS 6,803.87 PAYROLL CLEARING 34,341.07 TRI CITY ANIMAL CONTROL 41,751.21 GRAND TOTAL ALL FUNDS: $ 1,915,270.98 3fb).1 CITY OF PASCO Council Meeting of: Payroll Approval July 2, 2007 The City Council City of Pasco Franklin County, Washington The folltings mmary of payr oll claims against the City of Pasco for the month of June 2007 whi n ewith for your review and approval. Gary D Cru chfie y M agar James W. Cha ' , Financial Services Manager We, t e undersigned City Council members of the City Council of the City of Pasco, Franklin County, Washingto do hereby certify that the services represented by the below expenditures have been received and that payroll voucher No's. 36342 through 36494 and EFT deposit No's. 30017233 through 30017726 and City contributions in the aggregate amount of$1,636,187.78 are approved for payment on this 2nd day of July 2007. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND; Legislative $ 6,175.90 Judicial 60,047.06 Executive 42,18148 Police 465,490.26 Fire 249,911.28 Administrative&Community Services 254,202.09 Community Development 56,975.10 Engineering 61,597.44 TOTAL GENERAL FUND 1,196,582.61 CITY STREET 34,764.23 BLOCK GRANT 10,255.23 MARTIN LUTHER KING CENTER 4,96160 AMBULANCE SERVICE FUND 109,411.73 CEMETERY 9,183.49 ATHLETIC FUND 1,632.24 SENIOR CENTER 10,703.14 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 91.54 BOAT BASIN 170.37 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 8,058.96 WATER/SEWER 227,990.84 EQUIPMENT RENTAL-OPERATING 22,379.80 GRAND TOTAL ALL FUNDS $ 1,636,187.78 Payroll Summary Net Payroll 894,817.61 Employee Deductions 382,554.16 Gross Payroll 1,277,371.77 City of Pasco Contributions 358,816.01 Total Payroll $ 1,636,187.78 3(b).2 AGENDA REPORT FOR: City Council { June 18, 2007 TO: Gary Crutchfi Manager Workshop Mtg.: 6/25/2007 Regular Mtg.: 7/2/2007 FROM: Denis Austin, hief of Police SUBJECT: Interagency Agreement for School Resource Officers I. REFERENCE: A. Proposed Interagency Agreement II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 6/25: Discussion 7/2: MOTION: I move to approve the two-year Interagency Agreement with the Pasco School District for school resource officers and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: City Funds: $142,260/year($78,125 for part of 3 officers and $64,135 for part of officer/instructor) Pasco School District Funds: $192,070/year($171,570 for part of 3 officers and$20,500 for part of officer/instructor) IV. HISTORY AND FACTS BRIEF: School Resource Officers (SRO) are full-time uniformed police officers primarily dedicated to providing law enforcement resource services to assigned schools and surrounding neighborhoods. SROs are assigned to work at their assigned school for eight hours each scheduled school day. There are 180 school days each year from August to June, or about nine months. SROs are assigned to work normal patrol duties when school is not in session. The Interagency Agreement between Pasco School District and the City of Pasco provides one SRO at Stevens Middle School, one SRO at Ochoa Middle School, and one SRO at Pasco High School. The Pasco School District also pays to have an officer instructor teach an anti-bullying curriculum 580 hours each year. V. DISCUSSION: This proposed Interagency Agreement is a two-year agreement effective August 2007 through June 2009, and provides three (3) School Resource Officers. This partnership between the Police Department's SRO program and the School District has successfully continued for the past decade. The School District will reimburse the City for the salary and fringe benefits costs for three (3) officers at the top salary level for police officer for 180 school days per year. As evidence of their intention to move forward with the proposed Interagency Agreement, the School District has signed the agreement and committed funds to reimburse the City for the wages and benefit costs for three School Resource Officers and the officer instructor. 3(c) INTERAGENCY AGREEMENT Between Pasco School District No. 1 And City of Pasco,Washington This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the Pasco School District No. 1, hereafter referred to as the "District" and the City of Pasco, a municipal corporation of the State of Washington, hereafter referred to as the "City." It is the purpose of this agreement to: 1. Enhance the safety and security of students, teachers, staff, and visitors and provide patrol of the various campuses of the District located within the City of Pasco, Washington. 2. Provide for the presence of armed and uniformed City Police Officers both inside and outside the school buildings on selected campuses of the District during certain school hours in support of such safety and security and the maintenance of a secure and peaceful learning atmosphere. 3. Provide for prevention, intervention, and prompt effective enforcement by the City's Police Department in situations involving, but not limited to: a. Maintenance of order b. Use, possession, or sale of illegal drugs and alcohol on school premises C. Crimes against persons d. Crimes against property e. Any other situations or activities which require the intervention of law enforcement officers; and 4. Provide for participation by police officers in the educational activities and role modeling to foster and enhance knowledge of and respect for law enforcement and law enforcement officers by students and the community. 5. Provide positive and supportive interface between law enforcement representatives and the District's substance abuse and harassment prevention efforts including, but not limited to Natural Helpers, Student Assistance Teams, Anti-Harassment and Bullying Project and other intervention and prevention efforts by the District. It is therefore mutually agreed that: 1. Statement of Work. The City shall furnish the necessary personnel and services and otherwise do all things necessary for and incidental to the performance of the work stated herein. The City shall: a. Station a full-time uniformed police officer at each of the following schools during the 180 days when school is in session during the months of August through June: Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 1 of 6 (1) Pasco High School (8 hours/day) (2) Stevens Middle School (8 hours/day) (3) Ochoa Middle School (8 hours/day) Office space shall be provided as available at each school for the use of the School Resource Officer. Such office shall be equipped with one office desk and chair, and one locking cabinet. The City shall provide a lockable cabinet capable of securing police department equipment when not in use by the officer. b. Cooperate with the District to provide training and education to each assigned officer to insure effective communication and interrelation with the school community and its students; C. Cooperate with the District to monitor and evaluate the effectiveness of the assigned officers and the program; d. Meet as needed during the academic year with the District's representative (as designated by the District)to evaluate the effectiveness of the program; e. Cooperate with the District's representative to investigate and report on any complaints regarding the conduct of an assigned officer, share fully, as permitted by law, with the District's representative all results of such investigations for the purpose of responding to each complaint and cooperate to resolve each complaint. Provided, that it shall be the responsibility of the District to respond to any complaint the District received from a student, parent or patron of the District and communicate the results of any investigation to such person or persons. f Assign one uniformed police officer to instruct the Anti-Harassment and Bullying Program curriculum in the grade schools within the city limits of Pasco, with the emphasis being on the fifth grade. The maximum number of hours the officer is available to train for, prepare, and instruct the anti-harassment and bullying curriculum is five hundred twenty (520) work hours or sixty-five (65) workdays. This work will be performed during two and one-half(2.5) workdays each week (totaling twenty hours) for twenty-six (26) school weeks. The scheduled work hours will be: (1) Tuesdays and Thursdays (8 hours/day), and (2) Wednesdays (4 hours/day) 2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be subject to and governed by the terms and conditions contained in the text of this agreement. 3. Period of Performance. Subject to its other provisions, the period of performance of this agreement shall commence in August 2007 and be completed in June 2009 unless terminated sooner as provided herein. Except that work performed by the Officer Instructor specified in item l.f. shall commence in October and be completed in April (26 school weeks) of each school year. The principal of each building shall be responsible for notifying the Chief of the City's Police Department of the school calendar, schedule of events and activities, and any changes in the Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 2 of 6 same. The principal shall determine the specific hours when an officer shall be present within the limits set forth in Section l.a. of the Agreement. 4. Payment. Based upon the negotiated wage agreement between the City and the police officers collective bargaining unit, the District shall reimburse the City for its expenses in employing three (3) officers for 180 days or 4,320 hours each year of this agreement as follows: a. For August 2007 through December 2007, an estimated total of seventy-three thousand nine hundred one dollars ($73,901). b. For January 2008 through June 2008, an estimated total of ninety-five thousand one hundred thirty-six dollars ($95,136). C. For August 2008 through December 2008, an estimated total of seventy-six thousand one hundred nine dollars ($76,109). d. For January 2009 through June 2009, an estimated total of ninety-seven thousand nine hundred ninety-two dollars ($97,992). Actual amounts are to be determined by the parties based upon any negotiated wage increase between the City and the police officer's collective bargaining unit. e. Due to early release days and other regularly scheduled non-school days when an officer's presence is not required for a full eight (8) hours, in consideration for compensation as stated in section 4 above, the City agrees to provide officers during the school year for activities outside of the regularly scheduled school assignment. Requests for an officer's presence at school activities outside of the officer's regularly scheduled school assignment during the school year will be compensated separately at the estimated rate of$38.49 per hour for 2007, $39.64 per hour for 2008, and $40.83 per hour for 2009. S. Billing Procedure. The City shall submit a monthly invoice or billing statement to the District. Payment shall be made to the City according to the regular procedures of the District. 6. Funding. In addition to the costs associated with the School Resource Officers, funding for an officer to instruct anti-harassment and bullying curriculum hereunder shall be provided by the District in the amount of$20,500. If for any reason the District exhausts its budgeted funds for payment to the City for its services described herein or funds from any expected funding source become unavailable, the District shall notify the City and the obligations of the City shall immediately cease and this agreement terminate, unless the district otherwise assumes the obligations for the payment of services rendered by the Police Department. 7. Non-discrimination. In the performance of this agreement, the District and the City shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so, discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 3 of 6 creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensor, mental, or physical handicap in: a. Any terms or conditions of employment to include taking affirmative action necessary to accomplish the objectives of this part; and b. Denying an individual the opportunity to participate in any program provided by this agreement through the provisions of services, delivery of services contemplated by this agreement or otherwise afforded others hereunder. In the event of non-compliance by either party or refusal to comply with the above provisions this agreement may be rescinded, canceled, or terminated in whole or in part. The non- complying party shall, however, be given a reasonable time in which to cure this non- compliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 8. Records Maintenance. The City shall maintain books, records, documents and other evidence that sufficiently and effectively reflect all direct and indirect cost expended in the performance of the services described herein. These records shall be subject to inspection, review or audit by the personnel of both parties, other personnel authorized by either party, the Office of the State Auditor and federal officers, if any, so authorized by law. The City and District shall retain all books, records, documents, and other materials relevant to this agreement for five (5) years after expiration. The office of the State Auditor, federal auditors, and any persons authorized by the parties shall have full access and the right to examine any of these materials during this five-year period. 9. Responsibilities and Authority of School Administrator. The principal or other administrator designated by the District is responsible for the supervision and daily operations of the school shall, subject to the lawful exercise of the officer's law enforcement responsibilities, schedule, assign and direct the officer's duties under this agreement. The principal is responsible for the investigation of non-criminal incidents that occur at or are related to the school. If the principal finds that he or she or any individual is in physical danger, the principal may request the law enforcement officer to assist him or her. In the case of a search of student property for the violation of District rules or other administrative reasons, the school principal or designated administrator or District employee will conduct the search. Once the principal has reason to believe that a crime has been or may be committed, the principal or other designated administrator shall request the law enforcement officer to assume responsibility. The building administrator shall have the responsibility to contact and report to parents and patrons regarding activities and findings of the law enforcement officer, where appropriate. 10. Indemnification. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees or agents while performing under this agreement. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 4 of 6 11. Agreement Alterations and Amendments. The District and the City may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by the personnel authorized to bind the District and the City. 12. Termination. Except as otherwise provided for in this agreement, either party may terminate this agreement by providing sixty (60) days advance written notification to the other party of their intent to terminate the agreement. If this agreement is so terminated, the terminating party shall be liable only for performance, in accordance with the terms of this agreement for performance rendered prior to the effective date of termination. 13. Savings. Should any portion of this agreement be declared illegal, the balance of the agreement shall remain in full force and effect to carry out the purposes of this agreement. 14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the following manner: The Director of Educational Services of the District shall appoint a member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board. The Director of Educational Services and the Pasco Chief of Police shall jointly appoint a third member to the Dispute Board. That person shall act as chairperson, convene the Dispute Board and cause a determination of the dispute, arrived at by a majority of the Board, to be rendered in a timely manner. The determination of the Dispute Board shall be final and binding on the District and the City. 15. Notices. Any notices required herein or related hereto shall be delivered in writing to the District at: Pasco School District No.1 Attn.: Director of Student Services 1215 West Lewis Street Pasco,WA 99301 And to the City at: Chief of Police Pasco Police Department 525 North 3rd Avenue Pasco,WA 99301 16. All Writings Contained Herein. This agreement contains all the terms and conditions agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties to this agreement. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 5 of 6 In Witness whereof, the parties have executed this agreement effective this day of 2007. City of Pasco: Pasco School District No. 1 Joyce Olson Wil Leggett Mayor President, Board of Education Attest: Debbie Clark Saundra Hill City Clerk Superintendent Approved as to Form: Leland Kerr Sa4fiiorriton City Attorney School District Counsel Interagency Agreement between Pasco School District No. 1 and City of Pasco Page 5 of 5 AGENDA REPORT FOR: City Council June 18, 2007 TO: Gary Crutchfi anager Workshop Mtg.: 6/25/2007 Regular Mtg.: 7/2/2007 FROM: Denis Austin, hief of Police SUBJECT: Interagency Agreement for Summer School Services I. REFERENCE: A. Proposed Interagency Agreement II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 6/25: Discussion 7/2: MOTION: I move to approve the Interagency Agreement with the Pasco School District for summer school services and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Pasco School District Funds - $ 6,620 IV. HISTORY AND FACTS BRIEF: School Resource Officers (SRO) are full-time uniformed police officers primarily dedicated to providing law enforcement resource services to assigned schools and surrounding neighborhoods. The School District has requested an extension of the SRO services for the 2007 Summer School at Pasco High School. Normally, SRO services are not provided during summer months. However, for the second consecutive year the School District has consolidated all summer school programs at Pasco High School, which places more than 1,600 students at one school. As a proactive measure, the School District has requested SRO services for eight hours each summer school day. There are 19 summer school days from June to July. SROs are assigned to work normal patrol duties when school is not in session. V. DISCUSSION: The proposed Interagency Agreement is effective June through July 2007, and provides one School Resource Officer for the 2007 Summer School. The School District will reimburse the City for the salary and fringe benefits costs for one officer at the top salary level for police officer for eight hours during 19 summer school days. As evidence of their intention to move forward with the proposed Interagency Agreement the School District has committed funds to reimburse the City for the wages and benefit costs for one School Resource Officer. 3(d) INTERAGENCY AGREEMENT Between Pasco School District No. 1 And City of Pasco,Washington This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the Pasco School District No. 1, hereafter referred to as the "District" and the City of Pasco, a municipal corporation of the State of Washington, hereafter referred to as the "City." It is the purpose of this agreement to: 1. Enhance the safety and security of students, teachers, staff, and visitors and provide patrol of the various campuses of the District located within the City of Pasco, Washington. 2. Provide for the presence of armed and uniformed City Police Officers both inside and outside the school buildings on selected campuses of the District during certain school hours in support of such safety and security and the maintenance of a secure and peaceful learning atmosphere. 3. Provide for prevention, intervention, and prompt effective enforcement by the City's Police Department in situations involving, but not limited to: a. Maintenance of order b. Use, possession, or sale of illegal drugs and alcohol on school premises C. Crimes against persons d. Crimes against property C. Any other situations or activities which require the intervention of law enforcement officers; and 4. Provide for participation by.police officers in the educational activities and role modeling to foster and enhance knowledge of and respect for law enforcement and law enforcement officers by students and the community. 5. Provide positive and supportive interface between law enforcement representatives and the District's substance abuse and harassment prevention efforts including, but not limited to Natural Helpers, Student Assistance Teams, Anti-Harassment and Bullying Project and other intervention and prevention efforts by the District. It is therefore mutually agreed that: 1. Statement of Work. The City shall furnish the necessary personnel and services and otherwise do all things necessary for and incidental to the performance of the work stated herein. The City shall: a. Station a full-time uniformed police officer at Pasco High School for eight consecutive hours each day from 07:00 AM to 3:00 PM during the 19 days when summer school is in session from June 25`" through July 20`h. The uniformed officer will also be responsible for responding to incidents at Ochoa and Stevens Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 1 of 5 Middle Schools as needed during that period. Beginning July 23`d and continuing through July 27th the uniformed officer will be stationed at Ochoa and Stevens Middle Schools for a total of four consecutive hours each day from 08:00 AM to 12:00 PM. Office space shall be provided as available at each school for the use of the School Resource Officer. Such office shall be equipped with one office desk and chair, and one locking cabinet. The City shall provide a lockable cabinet capable of securing police department equipment when not in use by the officer. b. Cooperate with the District to provide training and education to each assigned officer to insure effective communication and interrelation with the school community and its students; C. Cooperate with the District to monitor and evaluate the effectiveness of the assigned officers and the program; d. Meet as needed during the academic year with the District's representative (as designated by the District) to evaluate the effectiveness of the program; e. Cooperate with the District's representative to investigate and report on any complaints regarding the conduct of an assigned officer, share fully, as permitted by law, with the District's representative all results of such investigations for the purpose of responding to each complaint and cooperate to resolve each complaint. Provided, that it shall be the responsibility of the District to respond to any complaint the District received from a student, parent or patron of the District and communicate the results of any investigation to such person or persons. 2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be subject to and governed by the terms and conditions contained in the text of this agreement. 3. Period of Performance. Subject to its other provisions, the period of performance of this agreement shall commence on June 25, 2007 and be completed on July 27, 2007 with July 4" scheduled off, unless terminated sooner as provided herein. The principal shall be responsible for notifying the Chief of the City's Police Department of the school calendar, schedule of events and activities, and any changes in the same. The principal shall determine the specific hours when an officer shall be present within the limits set forth in Section La. of the Agreement. 4. Payment. The District shall reimburse the City for its expenses in employing one officer for 172 hours as follows: a. For June 25, 2007 through July 27, 2007, an estimated total of six thousand six hundred twenty dollars($6,620). Actual amount will be determined by the parties based upon any negotiated wage increase between the City and the police officer's collective bargaining unit. The current wage rate with benefits is $38.49. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 2 of 5 5. Billing Procedure. The City shall submit a monthly invoice or billing statement to the District. Payment shall be made to the City according to the regular procedures of the District. 6. Funding. If for any reason the District exhausts its budgeted funds for payment to the City for its services described herein or funds from any expected funding source become unavailable, the District shall notify the City and the obligations of the City shall immediately cease and this agreement terminate, unless the district otherwise assumes the obligations for the payment of services rendered by the Police Department. 7. Non-discrimination. In the performance of this agreement, the District and the City shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so, discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensor, mental, or physical handicap in: a. Any terms or conditions of employment to include taking affirmative action necessary to accomplish the objectives of this part; and b. Denying an individual the opportunity to participate in any program provided by this agreement through the provisions of services, delivery of services contemplated by this agreement or otherwise afforded others hereunder. In the event of non-compliance by either party or refusal to comply with the above provisions this agreement may be rescinded, canceled, or terminated in whole or in part. The non- complying party shall, however, be given a reasonable time in which to cure this non- compliance. Any dispute may be resolved in accordance with the"Disputes" procedure set forth herein. 8. Records Maintenance. The City shall maintain books, records, documents and other evidence that sufficiently and effectively reflect all direct and indirect cost expended in the performance of the services described herein. These records shall be subject to inspection, review or audit by the personnel of both parties, other personnel authorized by either party, the Office of the State Auditor and federal officers, if any, so authorized by law. The City and District shall retain all books, records, documents, and other materials relevant to this agreement for five (5) years after expiration. The office of the State Auditor, federal auditors, and any persons authorized by the parties shall have full access and the right to examine any of these materials during this five-year period. 9. Responsibilities and Authority of School Administrator. The principal or other administrator designated by the District is responsible for the supervision and daily operations of the school shall, subject to the lawful exercise of the officer's law enforcement responsibilities, schedule, assign and direct the officer's duties under this agreement. The principal is responsible for the investigation of non-criminal incidents that occur at or are related to the school. If the principal finds that he or she or any individual is in physical danger, the principal may request the law enforcement officer to assist him or her. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 3 of 5 In the case of a search of student property for the violation of District rules or other administrative reasons, the school principal or designated administrator or District employee will conduct the search. Once the principal has reason to believe that a crime has been or may be committed, the principal or other designated administrator shall request the law enforcement officer to assume responsibility. The building administrator shall have the responsibility to contact and report to parents and patrons regarding activities and findings of the law enforcement officer, where appropriate. 10. Indemnification. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees or agents while performing under this agreement. 11. Agreement Alterations and Amendments. The District and the City may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by the personnel authorized to bind the District and the City. 12. Termination. Except as otherwise provided in this agreement, either party may terminate this agreement by providing sixty (60) days advance written notification to the other party of their intent to terminate the agreement. If this agreement is so terminated, the terminating party shall be liable only for performance, in accordance with the terms of this agreement for performance rendered prior to the effective date of termination. 13. Savings. Should any portion of this agreement be declared illegal, the balance of the agreement shall remain in full force and effect to carry out the purposes of this agreement. 14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the following manner: The Director of Educational Services of the District shall appoint a member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board, The Director of Educational Services and the Pasco Chief of Police shall jointly appoint a third member to the Dispute Board. That person shall act as chairperson, convene the Dispute Board and cause a determination of the dispute, arrived at by a majority of the Board, to be rendered in a timely manner. The determination of the Dispute Board shall be final and binding on the District and the City. 15. Notices. Any notices required herein or related hereto shall be delivered in writing to the District at: Pasco School District No.1 Attn.: Director of Student Services 1215 West Lewis Street Pasco,WA 99301 And to the City at: Chief of Police Pasco Police Department 525 North 3rd Avenue Pasco,WA 99301 Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 4 of 5 16. All Writings Contained Herein. This agreement contains all the terms and conditions agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties to this agreement. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 5 of 5 2007 Summer School Cost Est. June - August 2007 (Est .mate) PASCO HIGH SCHOOL Number of Officers 1 Hourly Rate with Benefits $ 38.49 Total Hourly Rate $ 38.49 Number of Hours Each School Day 8 Number of School Days 19 Total Number of Officer Hours 152 Estimated Cost - PHS $ 5,850.48 OCHOA& STEVENS MIDDLE SCHOOLS Number of Officers 1 Hourly Rate with Benefits $ 38.49 Total Hourly Rate $ 38.49 Number of Hours Each School Day 4 Number of School Days 5 Total Number of Officer Hours 20 Estimated Cost - Middle Schools $ 769.80 In Witness whereof, the parties have executed this agreement effective this day of 12007. City of Pasco: Pasco School District No. 1 Joyce Olson William Legget Mayor President, Board of Education Attest: Debbie Clark Saundra Hill City Clerk Superintendent Approved as to Form: Leland Kerr Sarah Thornton City Attorney School District Counsel Interagency Agreement between Pasco School District No. 1 and City of Pasco Page 5 of 5 AGENDA REPORT FOR: City Council June 18, 2007 TO: Gary Crutch ie Manager Workshop Mtg.: 6/25/2007 Regular Mtg.: 7/2/2007 FROM: Denis Austin, Police Chief SUBJECT: Traffic Safety Coordinator I. REFERENCE(S): 1. Traffic Safety Task Force Project Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/25: Discussion Review of accepting the grant for a Traffic Safety Coordinator 7/2: MOTION: I move to approve the two-year Traffic Safety Coordinator agreement with the Washington Traffic Safety Commission and, further, authorize the City Manager to implement the agreement. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Benton Franklin Traffic Safety Coordinator position is funded through a grant from the Washington Traffic Safety Commission. The coordinator is tasked with overseeing traffic safety programs that occur in the Benton and Franklin Counties and is the direct liaison between the law enforcement agencies and the Washington Traffic Safety Commission. V. DISCUSSION: Acceptance of this grant will place the coordinator at one of the mini-stations and allow direct law enforcement contact between the coordinator and Tri-City law enforcement officers. Having direct contact will enable the coordinator to seek funding for localized traffic safety issues and emphasis patrols that most affect our geographic area. The grant funding for this position is two years with no cost to the city. 3(e) C'orrr/r/a/rrrh'UC'I/T/'[7fj1C Su Ir Task Forge Pr°ojecl Aar-erne/7t Rei>rsed_i%9i1)7 Washington Traffic Safety Commission 1000 South Cherry Street PO Box 40944 Olympia, Washington 98504-0944 Phone (360) 753-6197 Fax (360) 586-6489 www.Wa.goy/wtsC Section 1 — Authorization Project Title: Benton--Franklin DIJI/Traffic Safety Task Force Ownership of facilities or equipment, acquired through this funding, shall be vested with the applicant agency, not the state of Washington. However, facilities or equipment acquired through this agreement shall be utilized and retained in highway safety operations during the useful existence of such equipment or facilities. Costs incurred for maintenance, repairs or support of such equipment or facilities shall be borne by the applicant agency. Further, it is understood and agreed that the activity covered by this project, as more particularly described in sections 2 and 3 attached thereto and made a part hereof, is undertaken under authority of Title 23, USC and is subject to the administrative regulations established by federal guidelines and the WTSC. Applicant Agency/Organization: Pasco Police Department Applicant Agency Project Director Name: Denis Austin Title: Chief of Police Signature: Address 525_N.3`d, Pasco,WA 99301 E-mail Address: austind(cDci.pasco.wa.us Area Code 509 Phone 545-3421 Applicant Agency Authorizing Official (person with contracting authority) if different from above: Name Title Organization _ Address Signature City, State,Zip Phone WTSC Use Only: WTSC Program Manager: Lynn Drake Planned Project Duration From:July 1.2007 To: June 30, 2009 Approved by Name: Lowell Porter Project Number: Title: Director. WTSC Funds(obligated)$ Signature: Date: Certifications and Assurances It is hereby understood that this application and attachments hereto, when approved and signed by all concerned parties, as indicated shall constitute an agreement by and between the applicant organization to perform in accordance with the terms of this application and attachments, taken as a whole. This agreement is based on guidelines found in the Common Rule, OMB Circular A-102, in order to standardize and simplify federal grants. The signature below of an authorized representative of the applicant agency certifies and assures that all the following conditions will be met. 1) Reports—The Contractor shall submit quarterly reports,a final report at end of project.and submit special reports as outlined Project Agreement,Addendum A,Billing and Report Requirements. 2) Copyrights, Publications, and Patents—Where activities supported by this project produce original copyright material, the Contractor may copyright such, but the WTSC reserves nonexclusive and irrevocable license to reproduce, publish, and use such materials and to authorize others to do so. The Contractor may publish, at its own expense, the results of project activities without prior review by the WTSC provided that any publications (written,visual, or sound) contain acknowledgment of the National Highway Traffic Safety Administration (NHTSA) and the WTSC support. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether or not patent protections will be sought, how any rights will be administered,and other action required to protect the public interest. 3) Termination — This project agreement may be terminated or fund payments discontinued or reduced by WTSC at any time upon written notice to the Contractor due to non-availability of funds, failure of the Contractor to accomplish any of the terms herein, or from any change in the scope or timing of the project. 4) Fiscal Records—Complete and detailed accounting records will be maintained by the Contractor of all costs incurred on this project, including documentation of all purchases of supplies,equipment,and services; travel expenses: payrolls,and time records of any person employed part-time on this project. Federal, state,or WTSC auditors shall have access to any records of the Contractor. These records shall be retained for three years after the final audit is completed and all questions resolved. 5) Funding—The Contractor will utilize funds provided therein to supplement and not to supplant state and local funds otherwise available for these purposes. Funds are to be expended only for purposes and activities approved herein. Reimbursement will be made periodically by WTSC for its share based on approved cost reports. The Contractor will expend from nonfederal sources the required matching amounts, which shall be expended not later than 30 days following the completion of the projects. 6) Cost Principles and Grant Management—The allowability of costs incurred and the management of this project shall be determined in accordance with the Office of Management and Budget (OMB) Circular A-87 and 49CFR, Part 18 for state and local agencies, OMB Circulars A-21 and A-110 for educational institutions, and OMB Circular A-122 for nonprofit entities. 7) Obligation Funds—Funds may not be obligated prior to the effective date or subsequent to the termination date of this project period. Obligations outstanding as the termination date shall be liquidated within 30 days. 8) Changes—The Contractor must obtain prior written approval from the WTSC for major project changes,including:changes of substance in project objectives, evaluation, activities,the project manager,key personnel,or project budget. 9) Income— Income earned by the Contractor with respect to the conduct of the project(sale of publications, registration fees, service charges, etc.) must be accounted for and income applied to project purposes or in reduction of project costs. 10) Purchases—Purchase of equipment or services must comply with state or local regulations. After the end of the project period,equipment will continue to be utilized for highway safety purposes or will not be disposed of without written approval of the WTSC. The Contractor shall make and maintain an inventory of equipment to include descriptions,serial numbers,locations,costs or other identifying information,and submit a copy to the WTSC. 11) Third Party Participants — No contracts or agreements may be entered into by the Contractor related to this project, which are not incorporated herein and approved in advance by the WTSC. The Contractor will retain ultimate control and responsibility for the project. WTSC shall be provided with a copy of 311 such contracts and agreements entered into by Contractors. Any contract or agreement must allow for the greatest competition practicable and evidence of such competition or justification for a negotiated contract or agreement shall be provided to the WTSC. 12) Participation by D saclvantaged Business Enterprises—The contractor agrees to take all necessary and reasonable steps in accordance with Title 49, CFR, Subtitle A. Part 26 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race,color, national origin,or sex in the award and performance of any subcontracts financed in whole or in part with Federal funds. 13) Americans with Disabilities Act—In the performance of this agreement, the Contractor shall comply with the provisions of Title VI of Civil Rights Act of 1964 42 USC 200d,Section 504 of the Rehabilitation Act of 1973 29 USC 794 Chapter 49.60 RCW,and Title I of the Americans with Disabilities Act 42 USC 1211- 12117 as now or hereafter amended. The Contractor shall not discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensory, mental, or physical handicap in any terms and conditions of employment to include taking affirmative action necessary to accomplish the objectives of this part and denying an individual the opportunity to participate in any program provided by this agreement through the provisions of services,or otherwise afforded others. 14) Political Activities — No funds, materials, equipment, or services provided herein shall be used for any partisan political activity or to further the election of defeat of any candidate for public office or to pay any person to influence or attempt to influence an officer or employee of congress, or an employee of a member of congress, an officer or employee of congress in connection with the awarding of any federal loan or the entering in of any cooperative agreements. 15) Single Audit—State and local governments that receive federal assistance are subject to the audit requirements of the Office of Management and Budget (OMB)Circular A-128. An institution of higher education or a nonprofit entity must comply with audit requirements in OMB Circular A-133. An independent audit of the financial operations, including compliance with provisions of federal law and regulations of all funds expended, must be arranged for by the contractor. A copy of the completed audit must be submitted to the WTSC. 16) Seat Belt Policy—No funds, materials, property,or services will be provided to any political subdivision that does not have a concurrent and actively enforced policy requiring the use of seat belts. 17) Drug Free Workplace — In accordance with the Anti-Drug Act of 1988 41 USC 702-707 and Drug-Free Workplace, 42 USC 12644, the WTSC has the responsibility to ensure that unlawful manufacture, distribution, dispensing, possession or use of a controlled substance by any employees,grantees, and/or sub-grantee of the Agency and/or any such activity is prohibited in the workplace. 18) Debarment and Suspension - The applicant agency certifies,by submission of this proposal,that neither it or its principals is presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. Applicant Agency Authorized Signature Washington Traffic Safety Commission Project Agreement The Benton-Franklin Traffic Safety Task Force has served the lower Columbia Basin since October 1, 2000. The Task Force continues to develop an extensive network of committed and dedicated individuals, groups and agencies, all diligently working to achieve the mission of reducing the number of traffic related deaths and injuries through education, prevention and enforcement". The collaborative efforts of the devoted folks of Benton and Franklin Counties make it possible; WSP, Police Depts. of Pasco, Richland, Kennewick, West Richland, Prosser, Benton and Franklin Sheriffs Office, B-F Juvenile Justice Dept, B-F Safe Kids Coalition/B-F Health Dept., ESD 123 (Educational Service District 123), and B-F Substance Abuse Coalition. Geographic Area: Benton and Franklin Counties are located in the southeastern part of WA State and are diverse in demographics, economics and other societal criteria. There is a combined population of approx. 224,800. Franklin Co,with a population of approximately 64,200, is primarily agricultural. Benton Co with a population of approx. 160,600 is considered the retailing and services hub. The three major cities, Kennewick, Pasco, and Richland (Tri-Cities), are very close in proximity and separated by three rivers (Snake, Columbia & Yakima). These neighboring cities are ranked as the 191st most populous metropolitan area of the U.S. The area also consists of numerous smaller communities and rural areas such as; W. Richland, Benton City, Prosser, Basin City, Connell, Finley, Kahlotus, and Mesa. Traffic-ways include 1-82, the 1-182 spur, State Routes 395, 240, 12, 124, 397, 17, 14, 224 and 260. General Problem Identification: Benton and Franklin Counties have seen several major changes in the area of traffic safety. Among these changes is the consistent rise in population, including the Hispanic/Latino community, especially during the harvest season. In fact, according to the 2000 Census data, 47% of the population in Franklin Cc is Hispanic/Latino. This is even higher than the 36% in Yakima Co. In addition, market research indicates that these numbers are permanent residents; there are as many as 100,000 additional seasonal/migrant workers that live in Eastern WA during the harvest season. According to data (1996-2005) of the 157 traffic fatalities in Benton Co, 135 were vehicle occupants (85%). While in Franklin County (1996-2005), of the 81 traffic deaths, 74 were vehicle occupants (91%). Both Benton and Franklin Counties are higher than the state percentage of 78.3%. Of the 157 fatalities in Benton Co, 66% (or 104) were male while 33% (or 53) were female. In Franklin Co during the same time frame, of the 81 fatalities, 71% (58) were male and 28% (23) were females. This data indicates that the male demographics are over represented, therefore playing a vital role in the overall number of fatalities. In conclusion, the above data is a sign of overpopulated roadways and a large number of the drivers who are unfamiliar with state laws. Without continuing education, prevention and enforcement this combination is deadly. Primary_Focus Areas: After reviewing the available data,the Strategic Highway Safety Plan and the Highway Safety Plan, the Traffic Safety Task Force will focus on 4 primary traffic safety issues for this funding period; impaired driving, Hispanic/Latino surnamed drivers, speed, and occupant protection. A) IMPAIRED DRIVING: 1) Problem identification: Despite the continuing education and increased enforcement, DUI continues to be a problem. From 1996--2005, there were 157 fatal crashes in Benton Co in which impairment accounted for 29.29% (46). This percentage has decreased from the 39.3% from 1993-2003, but impairment remains a problem. In Franklin Co (1996-2005), there were 81 fatal crashes in which impairment accounted for 40.74% (33 impaired driving involved). The total number of fatalities involving alcohol in Benton Co has decreased from 2001 (9 of 20) to 2005 (3 of 15). During this same timeframe, Franklin Cc saw a large increase from 2001 (2 of 12) to 2002 (6 of 11), but in the proceeding years a definite decrease was present (2 of 4 in 2003, 2 of 3 in 2004, and 0 of 3 in 2005). Although this data shows a decrease in fatalities in both counties, it also indicates that impaired driver's still plays a major role in the overall number of fatal collisions. According to WSP, B/F Counties had 9 fatalities in 2006 in which 2 were DUI related (1 Hispanic/1 Caucasian). In other words, 22.22% of the fatalities in 2006 involved an impaired driver. This is an increase from 2005 where there was 1 (drug impaired). DUI ARRESTS: In 2005, the combined LE agencies of B/F Counties arrested 1,943 impaired drivers and 1,999 in 2004. This decrease in total number of arrests is due to the shortage of staffing issues each agency has experienced in recent years. Although data indicates a decrease in arrests, the small town of W. Richland is an exception. In 2004, W. Richland (Benton Co) made 28 DUI arrests and in 2005 the number increased to 52. During the last Drive Hammered, Get Nailed Campaign (2006), the officers of W. Richland made 17 DUI arrests. This is the 2nd highest arrest rate in the state during this campaign. Note: The cost for an officer to arrest a DUI is significant to not only the citizens of Benton and Franklin Counties, but to the state of WA as a whole. Taking in to account that an average pay of a rnidline officer in B/F is approx. $35/hr and 'the average arrest time for a DUI (from traffic stop to booking) is approx. 3 hrs, the cost is upward of $105 per arrest. That means, the number of arrests made in 2004 (1,999) cost approx. $209,895.00 (officers time) and in 2005 (1,943) it cost approx. $204,015. The average cost of a fatal collision is $1,150,321 therefore the 14 fatalities in B/F totaled approx. 111,145,948. 2) GOAL: To reduce the number of collisions involving impaired drivers, therefore decreasing the number of fatality collisions. 3) Project Activities and Tasks: • Assist, coordinate and participate in statewide campaigns such as Drive Hammered, Get Nailed and other DUI Emphasis Patrols such as; DOTS. • Work collaboratively with WTSC and contractors to maximize the results of these campaigns. • Utilize all local media groups (3 TV stations, 14 radio stations, 1 newspaper) through PSA'S, commercials, news stories and press conferences to raise the awareness of the enforcement efforts, consequences, and new laws as it pertains to alcohol • Utilize WTSC resources such as; banners, posters, variable road signs, airplane banners • Assist in securing funding for extra enforcements such as DOTS, especially during those times where drinking and driving has been identified as a particular problem (boat race weekend, St. Patrick's Day, Cinco De Mayo, etc.) ■ Maintain stats on DUI'S, and traffic related deaths and collisions involving alcohol 4) Evaluation: This goal's evaluation will be tracked and measured by using data from various sources such as; local statistics, WTSC, NHTSA, DOT, FARS etc. All are proven strategies and comply with the SHSP. "Number of collisions "Number of collisions involving impairment "Number of DUI arrests "Number of fatal collisions involving impairment "Number of community events attended B) HISPANIC/LATINO SURNAMED DRIVERS: 1) Problem identification: The Mid-Columbia Valley has seen a significant increase in the number of Hispanic/Latino surnamed drivers in the past few years especially during the harvest season. In 2006, the Hispanic population in Franklin Co. was approx. 4% while in Benton Go. it is 12%. In 2004, Pasco made 199 DUI arrests (# excludes the mos. of Sept. & Oct.), and 130 of those were Hispanic(65% of the DUI arrests were Hispanic/Latino). In 2005, Franklin Co Sheriffs Office made 69 arrests and 31 of those were Hispanic (44% of the DUI arrests were Hispanic/Latino. According to WSP, Hispanic surnamed drivers are over represented in fatality collisions in 2000 (47%), 2001 (55%), and in 2002 (49%). In 2002, there were 20 fatal collisions of which 12 were DUI involved and of those, 9 were Hispanic. During that same year, 11 of the 20 fatal collisions happened during the fall harvest season. In 2004, there were 14 fatal collisions in which 9 were alcohol involved...almost half of those were Hispanic/Latino. In 2006, WSP (Kenn Detachment includes WM) reported 14 fatal collisions in which 4 involved Hispanic Surnamed Drivers (1 involving impairment). Since the inception of the "El Protector" program, Eastern WA has seen a significant reduction of traffic related deaths, especially involving Hispanic surnamed drivers. This reduction is attributed to the outreach program WSP and local LE continue to provide the community. In 2002, Eastern WA was hit with the reality and severity of the lack of attention the Hispanic community received regarding traffic safety when 4 separate tragedies occurred. In Jan., the 1st incident left 1 dead and 2 critically injured, in June, 3 died leaving 3 critically injured, in Sept., 5 died critically injuring 1 and the Oct. incident took 1 life and left 4 critically injured. 2) Goal: To reduce the number of collisions involving Hispanic/Latino surnamed driver's especially involving impairment (reduce traffic related deaths and injuries involving Hispanics/Latinos). 3) Project Activities and Tasks: ■ Attend, participate and assist in the El Protector meetings&community outreach efforts ■ Provide educational materials (literature, videos, CD's, etc.) in Spanish to groups, individuals and events about traffic safety issues especially pertaining to drinking and driving (B/F Juvenile Justice, school presentations, Hanford Expo, B/F Fair, etc.) • Assist with media (LaVoz, Viva Hispanic newspapers, weekly on-air talk shows, PSA'S with Charter Media/Univision) ■ Attend issue related conferences and trainings 4) Evaluation: This goal's evaluation will be tracked and measured by using data from various sources such as; local statistics, WTSC, NHTSA, DOT, etc. All are proven strategies and comply with the SHSP. Number of collisions involving Hispanic/Latino Surnamed drivers Number of collisions involving alcohol and Hispanic/Latino Surnamed drivers Number of fatal collisions involving Hispanic/Latino Surnamed drivers Number of fatal collisions involving Hispanic/Latino Surnamed drivers Number of Hispanic/Latino DUI arrests C) SPEED: 1) Problem identification: In 2005, 247 people died on WA State roadways in speeding related crashes. In other words, 38%of all traffic fatalities in 2005 involved speed which is higher than the US rate of 30% (13,113 fatalities) Of the 157 fatal collisions in Benton Co. (1996-2005), 50 involved a speeding driver. That accounts for 31.85%of the fatal collisions were speed related. In Franklin Co., 22 of the 81 fatal collisions involved speed (1996-2005). That accounts for 27.16%of the fatal collisions were speed related. In 2001 of the 20 fatalities in Benton Co, 6 involved speed. Despite the total number of fatalities decreasing in the proceeding 4 years, the number of those that involved speed stayed consistently the same (3 of 15 in 2002, 1 of 9 in 2003, 6 of 19 in 2004, and 5 of 15 in 2005). In 2004, of the 19 fatalities, 6 were speed related (this is the same #as 2001). In Franklin Co, speed related fatalities has definitely declined from 2001 to 2005 (4 of 12 in 2001, 3 of 11 in 2002, 0 of 4 in 2003, 2 of 3 in 2004, and 1 of 3 in 2005) (National Center for Statistics &Analysis). In 2005 (January-April), according to the WSP (Kenn Detachment includes W/W), 19,007 speed contacts were made. Kennewick PD wrote 11,300 traffic citations in 2005 (Jan-Dec 23), of which, 2,861 were for speeding. Of the 11,300 citations written in 2005, 414 were for school zone speeding. That's 28.98% of all traffic citations wrote in 2005 were speed related. During this same year (2005), Pasco PD reported 5,019 driving infractions of which 1,576 were speed related and 454 were school zone speed related. That's 40.45% of the traffic infractions in the city limits of Pasco were speed related. In Franklin Co, deputies wrote 1,513 citations for speed. 2) GOAL: To reduce the number of traffic related deaths and injuries involving speed by decreasing the number of speed related crashes. 3) Project Activities and Tasks: To increase enforcement pertaining to speed and the use of media to raise awareness of the efforts. • Assist, coordinate and participate in statewide campaigns pertaining to speed enforcement/emphasis patrols. • Work collaboratively with WTSC and contractors to maximize the results of these campaigns. • Utilize all local media groups (3 TV stations, 14 radio stations, 1 newspaper) through PSA'S, commercials, news stories and press conferences to raise the awareness of 'the enforcerent efforts, consequences, and new laws as it pertains to alcohol ■ Utilize WTSC resources such as; banners, posters, variable road signs, airplane banners • Maintain stats on speed related infractions and collisions ■ Conduct surveys in public entities such as the Columbia Center Mall or by utilizing the media (websites) accompanied by media (pertaining to behavior and knowledge), • Identify problem locations involving speed • Identify demographics involved in speed (age group, gender) • Identify collisions involving both speed and impairment. 4) Evaluation: This goal's evaluation will be tracked and measured by using data from various entities such as; local statistics, WTSC, NHTSA, DOT, etc. All are proven strategies and comply with the SHSP. "Number of collisions related to speed **Number of fatal collisions related to speed "Number of collisions involving speed & impairment **Number of fatal collisions involving speed and impairment **Number of speed citations (gender& age) "Number of speed citations in school zones **Number of people surveyed C) Occupant Protection 1) Problem Identification: WA State Fatality Data, from 1996—2005, shows 6,439 people died on WA roadways and of those 2,201 were restrained while 2,600 were not. Of the 6,439 fatalities in WA from 1996-2005, 40.38%were not buckled up. During this same timeframe in Benton Co, of the 157 fatalities, 44.59% of those were not buckled up (70) and in Franklin Co, of the 81 fatalities, 46.91%were unrestrained (38). Data indicates that both counties are higher than the state rate. Of the 452 (aged 5 & above) fatally injured vehicle occupants, 232 were restrained (51.33%used some sort of restraint system) (WA state report "Restraint Use(Safety Belts& Child Seats) among fatally injured passenger vehicle occupants"). In the age bracket of under 5 in the same report, 6 of the 11 were restrained (54.55% used some sort of restraint system). 2) GOAL: To increase seatbelt usage rate therefore decreasing the number of fatalities involving unrestrained vehicle occupants. 3) Project Activities and Tasks: • Assist, coordinate and participate in state campaigns such as; Click It or Ticket Campaigns and the Nighttime Click It or Ticket Campaigns • Work collaboratively with WTSC and contractors to maximize the results of these campaigns. • Utilize WTSC resources such as; banners, posters, variable road signs, airplane banners • Attend, participate and assist in the efforts of the B-F Safe Kids Coalition (includes attending monthly meetings) • Maintain stats regarding occupant protection (both adult and child) • Attend any issue related conferences and trainings • Utilize the media (TV, radio, newspaper) through PSA'S, commercials, news stories and press conferences to raise the awareness of the enforcement efforts, consequences, and new laws as they pertain to occupant prevention 4) Evaluation: This goal's evaluation will be tracked and measured by using data from various entities such as; local statistics, WTSC, NHTSA, DOT, etc. **Number of collisions with unrestrained occupants **Number of fatal collisions involving unrestrained occupants "Number of seatbelt violations Other Activities and Tasks: • Coopers Corner: Coopers Corner is not a proven strategy but the success of the project will ultimately reduce the number of traffic related deaths and serious injuries in the Mid Columbia. We will have a better idea of the effectiveness in 3 to 5 • Every 15 Minutes Programs: The Every 15 Minutes program is not a proven strategy but has been a part of Benton and Franklin Counties for 10+ years. All of the high schools in the 2 counties participate by conducting their own program. Each area designs their own program according 'the unique attributes of the specific area. • LE Agency Surveys: Surveys will be conducted for each LE Agency to determine any special needs of the individual jurisdictions. 'these will initially be completed by upper management and discussed with Chiefs and Sheriffs. Other tasks to maintain an effective Task Force: ■ Continue to employ and maintain a Task Force Coordinator ■ Serve as a central hub and liaison for communication about traffic safety projects, activities, enforcements, and reporting mobilization statistics ■ Serve as a central hub and liaison for the media (including ride-along coordination) • Hold Task Force meetings at least quarterly if not monthly • Serve as a central hub and liaison for the TF and the Chiefs and Sheriffs ■ Assist in coordination of law enforcement trainings (SFST training) and dissemination of new training materials or law updates in the area of traffic safety issues, especially regarding the of areas focus outlined in this project proposal. • Communicate and inform LE of State Conferences and Trainings. ■ Serve as a central hub for community outreach in the areas of traffic safety: ❖ Provide informative literature and materials to groups, individuals, and community events about traffic safety issues (Local businesses, Every 15 Minutes programs, Hanford Expo, Spring into Safety and the B-F County Fair) especially regarding the areas of focus outlined in this project proposal. ❖ Presentations about traffic safety projects and issues ❖ Utilize reader boards especially regarding the areas of focus outlined in this project proposal ■ Maintain an effective Task Force website with WTSC .. i Budget Justification Salary: Coordinator shall be paid at$17.61/hr, at 34 hours per week Travel: Reimbursable mileage is paid at$.485 per mile, with total travel to be approximately 7,200 miles, or 300 miles per month for a total reimbursement of$3,492.00. This allows for meetings, media, and events for planning and coordination for Task Force activities, programs, and presentations. Administrative contract allows for 160 hours of annual leave per year. Leave tracking will be documented through quarterly reporting to WTSC. Match Documentation See attachments for details on the following: • Source and amounts of cash (funds received from grants) Attachment A • Community donations of in-kind services (office space & meeting rooms) Attachment A • Task Force Support (meeting attendance, duties and DUI arrests) Attachment B/C C AGENDA REPORT FOR: City Council June 20, 2007 TO: Gary Crutch a anager Workshop Mtg.: 6/25/07 Regular Mtg.: 7/2/07 FROM: Stan Strebel, Ad " 'rive and Community Services Direc SUBJECT: Water Follies Agreement I. REFERENCE(S): A. Agreement for Operation of Water Follies Event (2007---2009) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/25: Discussion 7/2: MOTION: I move to approve a three-year agreement with the Tri-Cities Water Follies Association for the Water Follies event and further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) In 2004 City Council and Franklin County approved a three year agreement (2004, 2005, 2006) with the Water Follies Association, setting forth the conditions for approval for the annual Water Follies event at Wade Park and allowing streets south of Sylvester Street between Roads 36 and 56 to be closed for such event. B) As the prior agreement has expired, the attached agreement is presented to Council for approval for the 2007, 2008 and 2009 Water Follies events. The agreement is essentially the same as prior years with minor revisions reflecting a greater leadership role of the City in coordinating and monitoring the event as the property in the surrounding area has now all been annexed. The Association is allowed to close roads during the stipulated Schedule 1. The dates for 2007 are July 28 & 29. This schedule will be presented for approval if revised for 2008 or 2009. The Association will provide adequate crowd and traffic control and First Aid services. The Association will deposit a check with the City in the amount of $1,000.00 to cover damage and clean-up. The Association will provide general liability insurance through the American Boat Racing Association in the amount of $5,000,000 and liquor liability insurance of $2,000,000 for beer service and $5,000,000 for spirituous liquor service. Additionally, $2,000,000 general liability insurance will be provided for contract vendors. C) Staff recommends that the Council authorize the City Manager to enter into the agreement on behalf of the City. 3(f) AGREEMENT FOR OPERATION OF WATER FOLLIES EVENT (2007-2009) This agreement is made and entered into this day of 2007, among Franklin County, hereinafter referred to as the "County," the City of Pasco, hereinafter referred to as the "City," and the Tri-City Water Follies Association, hereinafter referred to as the "Association." WHEREAS, the Association has applied for the right to conduct the 2007, 2008 and 2009 Columbia Cup Unlimited Hydroplane Races on water adjacent to certain City and County lands and needs the temporary use of such lands for said activity, and; WHEREAS, this activity is planned for the enjoyment of the general public; NOW THEREFORE, in consideration of the covenants and agreements herein contained and the terms and conditions thereof,the parties agree to the following: I For the years 2007, 2008 and 2009, the City and the County grant to the Association the temporary use of the property for the periods defined in Schedule 1 within their respective boundaries described in Exhibit "A", attached hereto and by this reference made a part hereof, including all parking lots together with the right of access thereto and therefrom. II The Association shall be allowed to collect a donation fee from each person over 5 years of age entering said land for viewing the hydroplane races, provided the proceeds are used solely for the conduct of the program and necessary expenses incidental thereto. An accounting of all revenue received shall be presented to the City and County before January 1 of the following year for each of the three years this agreement shall remain in effect. Donation and parking fee amounts and hours when fees may be collected are described in Schedule 1. By agreement of the parties, details included in Schedule 1 may be amended from year to year. III The Association shall be responsible for providing adequate personnel assistance in vehicle parking, traffic and crowd control. In addition to providing adequate personnel for vehicle parking, traffic and crowd control the Association must provide for adequate contract police services. Police personnel are to be provided access to the venue at all time and will maintain authority over civilian crowd control personnel in the event that police intervention is necessary. Pasco Police Reserves may qualify as contract police services in lieu of regular police officers as determined by the Chief of Police. IV A traffic and crowd control plan will be submitted to and shall have the written approval of the Franklin County Sheriffs Department and City of Pasco Police Department no later than ten (10) days before the day race time trials are to be held. The use of any barricade proposed for traffic control shall be included in the traffic and crowd control plan. The City of Pasco will provide barricades for traffic control on the residential streets which intersect with Sylvester Street on the south side. Barricades will be delivered to the street corners designated in the plan. The Association shall be responsible for setting up barricades; maintaining barricades following setup; and returning them to the drop-off corners for City pickup. The Association shall be responsible for any damage to barricades. The Association shall be responsible for furnishing and installing "No Parking" signs on the north-south roads from Road 36 inclusive to Road 56 inclusive between Sylvester and Court Street and along Sylvester Street from Road 36 to Road 56 the morning of the day of the time trials, and for removing said signs by noon the following Monday. The signs and method of installation shall be approved in writing by the City Engineer no later than three (3) days before the day the time trials are to be held. V No costs or liability will accrue to the City or County due to the races, traffic control, and parking activities. VI The Association will not preempt the public use of all the project recreation resources in the area. Chiawana Park will remain open to the public during the races. VII The Association is responsible for returning all keys issued, clean up and restoration of the area to pre-use condition to the satisfaction of the City Engineer and County Engineer within ten (10)days of the day of the race. At least seven (7) days before the day the time trials are to be held, the Association agrees to deposit a check in the amount of One Thousand Dollars ($1,000) with the City Engineer, payable to the City of Pasco, to cover potential damages and extraordinary cleanup, repair and maintenance costs. If none accrue,the check will be returned to the Association; otherwise, the check will be deposited to the account of the City of Pasco. Any excess amount will be refunded. The Association agrees to pay any additional clean-up and/or repair costs incurred by the City and the County. If, prior to the race, the Franklin County Fire Marshall and/or City of Pasco Fire Chief require fire control site preparation of the river shore viewing area, the association will perform the necessary work, at its sole expense. Agreement for Operation of Water Follies Event page 2 VIII The Association will be permitted to restrict public use of said lands during the period of the hydroplane races from 6:00 p.m. the Friday before the race, to 6:00 p.m., Sunday, the day of the race. It will be necessary to close the Columbia River in the vicinity of Columbia Park to commercial and pleasure boats during the hydroplane races. The closure will be of an intermittent type, as needed, when hydroplanes are actually on the course. Provisions to allow emergency traffic and commercial traffic to pass through the closed area will be made by the Association. River closure authorization must be obtained by a separate permit from the U.S. Coast Guard setting forth the specific dates and time periods involved. ix The Association shall comply with all Federal Laws and Regulations of the State and the County wherein the said premises are located with regard to construction, license or permits to do business and all other matters. The Association will further comply with standards and recommendations of the State and local health departments in all matters concerning health and sanitation. The Association shall be responsible for providing the necessary chemical toilets as required by the local health department to serve the general public on Saturday and Sunday during the races. X The Association may authorize concessions to be operated to accommodate the public. All concessions will be operated under the supervision of the Benton-Franklin Public Health Department and, if applicable, a City of Pasco business license. If alcohol is sold or served, all necessary alcohol permits must be obtained, and sales and consumption shall be in accordance with Washington State Liquor Control Board rules and regulations. Alcohol consumption shall be permitted only within the designated beer/alcoholic beverages gardens and special tent areas. In addition to any alcohol permits or approvals required by the State of Washington, an alcohol permit must also be obtained from City of Pasco Administrative and Community Services Department. XI In all cases, admission to the various areas will not be limited to membership in any organization, and there will be no discrimination made against any person or persons because of race, sex, creed, color, national origin or physical disability. Agreement for Operation of Water Follies Event page 3 XII The Association agrees to maintain and pay for general liability insurance coverage through American Boat Racing Association(ABRA)at all times hereof insuring the Association, the County and the City, such insurance to afford protection of a limit of not less than $5,000,000.00. The Association agrees to require liquor liability insurance and general liability insurance for the company with which it contracts for the fenced area commonly known as "the beer garden", such insurance to afford protection to a limit of not less than $2,000,000.00. The Association, the City, and the County shall be named as additional insureds on the policies. The Association agrees to require liquor liability insurance and general liability insurance for the company with which it contracts for the fenced area commonly known as "Margaritaville" (spirituous liquor service), such insurance to afford protection to a limit of not less than $5,000,000.00. The Association, the City, and the County shall be named as additional insureds on the policies. The Association agrees to require general liability insurance from each company with which it contracts as a vendor, such insurance to afford protection to a limit of not less than $2,000,000.00. The Association, the City, and the County shall be named as additional insureds on the policies. Copies of the above insurance will be delivered to the City by the Association at least 14 days before the day race time trails are to be held. XIII The County, the City and the Corps of Engineers shall not be liable or responsible for damages to property or injuries to persons which may arise from or be incident to the Tri-City Water Follies Association's use and occupation of said premises, including the areas shown on Exhibit "A" and the County and City roads and rights-of-way south of Court Street and east of Road 60 inclusive to Road 34 inclusive, the person of the Association's officers, agents, servants, employees, or others, including spectators or participants who may be on said premises at their invitation or the invitation of any one of them. The Association shall hold the County and the City harmless from any and all such claims which may arise from any damage or injury above- mentioned, and shall at its expense defend any and all actions which may be brought against the City and County upon such claims and shall pay any and all judgments that may be recovered against the City and County upon such actions. Venue shall be in Franklin County. The Association shall provide the City Engineer and the County Engineer, or such other persons as designated by the City Engineer, passes for the purpose of inspections for compliance with the agreement. XIV Agreement for Operation of Water Follies Event page 4 For use of Franklin County and the Corps of Engineers land for the two-day period, in lieu of a $2,000 donation, the Association donated labor, equipment, and materials to complete the 1998 Rivershore Enhancement Irrigation Project. xv The Association shall provide one (1) first aid station in the park to provide public assistance within the premises regarding first aid treatment and assuming the assistance for public safety. Such activity shall meet all conditions and requirements of Mid-Columbia EMS Council and Franklin County Emergency Management. The Association shall ensure communication availability to contact Franklin County 911 Dispatch Center. XVI This agreement is subject to the terms and conditions of the lease granted Franklin County by the United States dated March 26, 2004, DACW 68-1-77-20, and modifications thereto or any subsequent agreements that the United States and the County may enter into with respect to the premises. A copy of this agreement shall be on file in the office of the Franklin County Engineer's Office, Pasco, Washington. In the event said lease is relinquished by the County or terminated by the Government, this agreement will also be canceled on the effective date agreed to between the County and the Government. XVII This agreement may be amended by mutual agreement of the parties. XVIII This agreement may be cancelled by any party upon thirty (30) days written notice to the other parties to the agreement. Agreement for Operation of Water Follies Event page 5 Dated this day of 32007. TRI-CITY WATER FOLLIES ASSOCIATION, INC. BY: DATE: PRESIDENT CITY OF PASCO BY: DATE: GARY CRUTCHFIELD, CITY MANAGER APPROVED AS TO FORM: BY: DATE: LELAND B. KERR, CITY ATTORNEY BOARD OF COUNTY COMMISSIONERS,FRANKLIN COUNTY, WASHINGTON BY: DATE: ROBERT C. KOCH, CHAIR BY: DATE: NEVA J. CORKRUM, CHAIR PRO TEM BY: DATE: RICK MILLER, MEMBER APPROVED AS TO FORM: BY: DATE: Ryan E. Verhulp, Chief Civil Deputy Prosecutor ATTEST: BY: DATE: Clerk of the Board Agreement for Operation of Water Follies Event page 6 TRI-CITY WATER FOLLIES AGREEMENT SCHEDULE 1: 2007 RACE The Tri-City Water Follies Association may collect donation fees at admission gates between the hours of 5:OOam and 6:OOpm on Saturday, July 28, and Sunday, July 29, 2007 as specified below: Donation Fee Weekender Pass (Sat/Sun) $25 Saturday, July 28 $15 Sunday,July 29 $25 Children ages 6— 12 $ 5/day Children under 6 Free The Tri-City Water Follies Association may assess parking fees up to $10 per vehicle Exhibit "A" t" puelainjj M C Ln �. pap aaeH LU LL, w l w 7 i• F 1 .hdW V 1� O hie Y CL Lk V+4 �0 M Rd.39 Rt, V cn FBI Rd. � AO �- � r � Y G Rd 44 �. eo N .. eg OTC CL�, l 7 tL 1 k4 4 w „, Rd.46 „ Z Ya Rd,47 a Rd•48 v Rd.49 ,"„. .. a a' r � N co E Co v ro rn ❑ ro ¢ E 1rL _ b^ V Q N O M t W p n ' N U) 54 v M0 ' "7C � Z W D O ry kA Q m N > CL O 01 >,CL vii N N i I O O � ' 7 N +4 �o O rG C ? G1 — CL cc ca cc co a-E 11 II If II II II 11 II II II II 11 it II II k p L7 2 V F— Q m m V 0 w u 0 > AGENDA REPORT NO. 56 For: City Council June 21, 2007 To: Gary Crutch tel anager Workshop: 06/25/07 Regular: 07/02/07 From: Richard J. Smith, Director Community and Economic Development SUBJECT: Solid Waste Management Plan I. REFERENCE(S): A. Interlocal Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/25: Discussion 07/02: MOTION: I move to approve the Interlocal Agreement with Franklin County for development of the 2008 Integrated Franklin County Solid Waste Management Plan and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: A) The 2008 Franklin County Comprehensive Solid Waste Management Plan will be updated in accordance to RCW 70.95, the Solid Waste Management-Reduction and Recycling Act. The law requires the county, in cooperation with the cities within the county, to prepare a solid waste management plan. The updated document will replace the 1994 Benton-Franklin Regional Solid Waste Management Plan and Program. The recommendations of the 2008 plan will guide local decision makers and substantiate the need for local funds and state grants to underwrite solid waste projects. B) Under state law, each city in a county may fulfill its solid waste management planning responsibilities in one of three ways: prepare it's own solid waste management plan for integration into the comprehensive plan; participate with the county in preparing a joint city-county plan for solid waste management; or, authorize the county to prepare a plan for the city's solid waste management for inclusion in the comprehensive county plan. C) At the May 29, 2007 workshop Council heard a presentation by Jack Clark a consultant who has been retained by the County to prepare the updated plan. Some members of Council expressed concern that the cities did not have any apparent means to modify or reject a Solid Waste Management Plan that could result in a cost, particularly a disproportionate cost, to the City. V. DISCUSSION: A) The County staff has modified the proposed Interlocal Agreement to address City concerns by adding language which reads: "Any recommendation in the plan, which would result in a cost to any governmental entity shall be pre-approved by the local government before presentation to County Commission for adoption into the plan." (see page IV.0 of Interlocal) B) The City Attorney has reviewed this revised Agreement for legal form and sufficiency. He has also made a number of technical changes which bring the Agreement into compliance with Washington State statutes for Interlocal ���� Agreements. WHEN RECORDED RETURN TO: INTERLOCAL AGREEMENT REGARDING ADOPTION OF SOLID WASTE MANAGEMENT PLAN FOR FRANKLIN COUNTY THIS INTERLOCAL AGREEMENT is executed by and between Franklin County ("County") and the Cities of Pasco, Connell, Mesa and Kahlotus ("Cities") (hereinafter jointly referred to as the "Parties") for the purposes of establishing an Integrated solid waste management plan for Franklin County; fulfilling the Cities and County's obligations under Chapter 70.95 RCW, and other State and Federal laws and regulations governing solid waste management; and contributing to the health and safety of all Franklin County residents. The Parties make and enter into this Interlocal Agreement ("Agreement") effective the day of , 2007, for the purposes and under the terms contained herein. WHEREAS, the Parties recognize the need and obligation to meet Federal and State mandates for solid waste management planning; and WHEREAS, the Parties believe that the Integrated Solid Waste Management Plan ("Plan") can best be accomplished under the leadership of Franklin County in cooperation with the Cities; and WHEREAS, programs of solid waste reduction and recycling can be most effective when carried out pursuant to a coordinated Plan; and WHEREAS, the County has secured adequate grant funding to meet the financial obligations for solid waste planning as required by law, and WHEREAS, the Parties are authorized and empowered to enter into this Agreement pursuant to Chapter 39.34 RCW, NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenant herein, it is hereby agreed: Interlocal Agreement Adoption of Solid Waste Management Plan- 1 I. PURPOSE This Agreement is entered into pursuant to Chapter 39.34 RCW for the purpose of cooperative management of solid waste within Franklin County. It is the intent of the Parties to work cooperatively in developing a comprehensive solid waste management plan pursuant of Chapter 70.95 and 70.105 RCW that is viable and economically responsible to their citizens. Specifically, this Agreement will provide for the administration, planning and operations of the adopted Franklin County Comprehensive Solid Waste Management Program. II. DEFINITIONS For the purpose of this Agreement and any related agreement, contracts and documents executed, adopted, or approved to this Agreement, the parties shall use the definitions found in RCW 70.95.030, RCW 70.138.020, WAC 173-304-100 and WAC 173-350-100, unless the context indicates otherwise. III. RESPONSIBILITIES OF FRANKLIN COUNTY The responsibilities of Franklin County shall be: A. Prepare and submit for approval on behalf of the Cities and County the Integrated Solid Waste Management Plan (ISWMP) as provided in RCW 70.95.080 and related provision of law. Such Plan as finally prepared, amended or modified shall be binding upon the Parties in its solid waste management. B. Implement, in cooperation with the Cities, waste reduction and recycling programs within such Cities, as well as in unincorporated areas, all as enumerated in the Plan. Where appropriate and agreed, the County may provide funding to the Cities to implement such waste reduction and recycling programs. IV. RESPONSIBILITIES OF CITIES The responsibilities of the Cities shall be: A. Cooperatively help prepare the Integrated Solid Waste Management Plan (ISWMP) for Franklin County by participating in the Franklin County Solid Waste Advisory Committee(FCSWAC). B. Review draft plan and respond for your city with comments to be adopted into the Plan prior to formal FCSWAC recommendations. C. Any recommendation in the Plan, which would result in a cost to any governmental entity shall be pre-approved by the local government before presentation to the County Commission for adoption into the Plan. Interlocal Agreement Adoption of Solid Waste Management Plan-2 D. Where appropriate and agreed, receive funding from the County to implement such waste reduction and recycling programs as outlined in the ISWMP. V. DISBURSEMENT OF ASSETS AND DEBTS If this Agreement is terminated, all Parties to this Agreement shall determine the disbursement of any outstanding debts and the allocation of any assets. If the Parties cannot agree to the disbursement of any outstanding debts and the allocation of any assets, the issues are to be submitted for arbitration, pursuant to State law, RCW 7.04A. The County and the contesting jurisdiction agree that such arbitration shall be conducted before one (1) disinterested arbitrator. VI. DURATION This Agreement shall commence on the date set forth above and will continue in effect for six (6) years. As stipulated within RCW 70.95.110(1), each Plan shall be maintained in a current condition and reviewed and revised periodically as may be required by the WDoE. Upon each review, such plans shall be extended to show long-range needs for solid waste handling facilities for twenty (20) years in the future, and a reviewed implementation schedule and implementation budget for six (6) years in the future. This Agreement may be earlier terminated by mutual agreement or by any party upon sixty(60) days advance written notice. VII. INTERLOCAL COOPERATION ACT PROVISIONS Each party shall be solely responsible for all costs, materials, supplies and services necessary for their performance under the terms of this Agreement. All property and materials secured by each party in the performance of this Agreement shall remain the sole property of that party. All funding incident to the fulfillment of this Interlocal Agreement, shall be borne by each party necessary for the fulfillment of their responsibilities under the terms of this Agreement. No special budgets or funds are anticipated, nor shall be created incident to this Interlocal Cooperation Agreement. It is not the intention that a separate legal entity be established to conduct the cooperative undertakings, nor is the acquisition, holding, or disposing of any real or personal property anticipated under the terms of this Agreement. The Franklin County Administrator, or his designee, shall be designated as the Administrator of this Interlocal Cooperative Agreement. A copy of this Agreement shall be filed with the Franklin County Auditor; provided, however, that failure to file shall not affect the validity of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement by duly authorized officers on the day and year first written above. Interlocal Agreement Adoption of Solid Waste Management Plan-3 BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, WASHINGTON Robert Koch, Chairman Neva J. Corkrum, Chairman Pro-Tem Rick Miller, Member Attest: Approved as to Form: Mary Withers Ryan E. Verhulp Clerk of the Board for Franklin County Chief Civil Deputy Prosecutor CITY OF PASCO,WASHINGTON Joyce Olson, Mayor Attest: Approved as to Form: Debbie Clark, City Clerk Leland B. Kerr, City Attorney CITY OF CONNELL, WASHINGTON Mayor Attest: Approved as to Form: City Clerk , City Attorney CITY OF MESA,WASHINGTON Mayor Attest: Approved as to Form: City Clerk , City Attorney Interlocal Agreement Adoption of Solid Waste Management Plan-4 CITY OF KAHLOTUS,WASHINGTON Mayor Attest: Approved as to Form: City Clerk , City Attorney STATE OF WASHINGTON ) ss. County of Franklin ) On this day personally appeared before me ROBERT KOCH, Chairman of the Franklin County Board of County Commissioners, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 12007. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: STATE OF WASHINGTON ) . ss. County of Franklin ) On this day personally appeared before me NEVA J. CORKRUM, Chairman Pro-Tem of the Franklin County Board of County Commissioners, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 52007. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Interlocal Agreement Adoption of Solid Waste Management Plan-5 STATE OF WASHINGTON ) ss. County of Franklin ) On this day personally appeared before me RICK MILLER, Member of the Franklin County Board of County Commissioners, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 12007. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: STATE OF WASHINGTON ) . ss. County of Franklin ) On this day personally appeared before me JOYCE OLSON, Mayor of the City of Pasco, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of ,2007. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: STATE OF WASHINGTON ) . ss. County of Franklin ) On this day personally appeared before me Mayor of the City of Connell, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2007. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Tnterlocal Agreement Adoption of Solid Waste Management Plan-6 STATE OF WASHINGTON ) ss. County of Franklin ) On this day personally appeared before me , Mayor of the City of Mesa, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GfVEN under my hand and official seal this day of , 2007. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: STATE OF WASHINGTON ) . ss. County of Franklin ) On this day personally appeared before me , Mayor of the City of Kahlotus, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of ,2007. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Interlocal Agreement Adoption of Solid Waste Management Plan-7 AGENDA REPORT TO: City Council June 28, 2007 FROM: Gary Crutch Manager Regular Mtg.: 7/2/07 SUBJECT: Community +ey 1. REFERENCE(S): 1. Timeline for National Citizen Survey, September Class II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/2: MOTION: I move to authorize the City Manager to contract for conduct of the 2007 National Citizen Survey in an amount not to exceed $10,000. III. FISCAL IMPACT: Approximately $9,000 IV. HISTORY AND FACTS BRIEF: A) The city contracted with the National Research Center in Boulder (Colorado) in late 2005 for the conduct of the "National Citizen Survey" in Pasco. The survey is a nationally standardized survey used by communities throughout the country to gauge the citizens' perception of municipal service delivery. The report was useful in defining concerns for Council to address during its 2006 biennial retreat (spring of each even-numbered year) and was also used to gain citizen response to three specific questions selected by the City Council(in addition to the standard survey questions). B) In anticipation of the 2008 Council retreat, staff is preparing to contract for the National Citizen Survey to be conducted in late 2007, for receipt of the report in January 2008 (providing plenty of time to incorporate the results in preparation for the Council retreat in spring 2008). In addition to its use for Council retreat, the survey will become an integral part of the city's recent effort (in conjunction with Kennewick and Richland as well as Yakima) to implement a formal "performance measurement program," using the International City Management Association program, as authorized in the 2007 budget. The survey is used to compliment the financial data that will be collected each year regarding certain service functions, to add a qualitative perspective to the quantitative information. Thus, it is even more important that the survey be conducted on a regular basis (every two years). C) The base cost for the survey is $8,900. The city is permitted to include up to three specific questions with the survey. The data may also be compiled in a "Normative Comparisons" report which compares Pasco's survey data with that of other jurisdictions of comparable size around the country; the additional cost for this report is $1,000. The survey is conducted in English but may include a Spanish language element for an additional cost of$1,400(this option was used in the 2005 survey). V. DISCUSSION: A) Staff strongly recommends the survey be conducted in late 2007, preferably in October; thus, the commitment must be filed with the National Research Center by September 2007. Doing so will result in the report being provided to the city by January 1. B) The use of up to three specific questions was beneficial in the 2005 survey, and it may be for the 2007 survey as well. Staff would appreciate direction on what specific questions to include; it is understood that the specific questions need not be identified until October 1. C) The Spanish language option is not recommended for the 2007 survey. It was used in the 2005 survey; the poor response rate (4 responses) made that element useless as a survey evaluation and reflected an extremely high cost per response($350 each!). D) Staff requests authorization to contract for the survey, identification of any specific questions and confirmation that the survey be conducted in English only. 10(a) �. Timeline for The National Citizen SurveyTM September 2007 Class Lee : ■ Indicates when items from NRC are due to you ■Indicates when items from you are due to NRC ♦Indicates information items Actual Item Week Dates Preparing for the survey ♦ The NCS survey process is initiated upon receipt of your enrollment form and first payment.......week 1 Sept 4 A NRC mails you The NCS worksheet packet...................................................................................week 2 Sept 10 ■ Due to NRC: Worksheets and additional payment for add-on options...........................................week 4 Sept 24 ♦ NRC uses the information you provided to generate the sample and customize the survey instrument for your jurisdiction............................................................................................weeks 5-6 Oct 1-Oct 8 A NRC provides confirmation documents about options selected by your jurisdiction and a sample of the postcard and mailing envelope for your records...............................................week 5 Oct 1 ► Due to NRC: Confirmation of options selected........................................................................week 6 Oct 8 A NRC provides samples of survey materials(cover letters and survey instrument)for your records. ....................................................................................................................................week 6 Oct 8 ♦ NRC prints materials and prepares mailings...........................................................................weeks 5-6 Oct 1-Oct 8 Conducting the survey ♦ Survey materials are mailed ♦ Prenotification postcards delivered to post office ................................................................week 7 Oct 15 ♦ 1 n wave of surveys delivered to post office..........................................................................week 8 Oct 22 ♦ 2"d wave of surveys delivered to post office.........................................................................week 9 Oct 29 ♦ Data collection: surveys received for your jurisdiction....................................................................weeks 8-12 Oct 22-Nov 1 ♦ Note 1: During this time, you will receive postcards that were undeliverable due to bad addresses, or vacant housing units. This is normal. Please count all the postcards, as we will subtract the number of returned postcards from the total number mailed to estimate the number of"eligible" households in calculating the final response rate. ♦ Note 2: You may receive phone calls from citizens during this time period who call to inform you they are outside of your jurisdiction's boundaries, or that they do not wish to receive additional mailings,etc. Please reassure them that their household was randomly selected, and while they may receive a total of three mailings from you, they will not receive any additional mailings after that time. ► Due to NRC: evaluation questionnaire and timesheet about the data collection process.............week 12 Nov 19 ■ Due to NRC: Final count of returned postcards.............................................................................week 12 Nov 19 ♦ Survey processing and report writing.............................................................................................week 12-14 Nov 19-Dec 3 ♦ During this time, NRC will process the surveys, perform the data analysis, and produce a two-part draft report for your jurisdiction. The report of results will contain a description of the methodology, information on understanding the results, and graphs and tables of your results. The second report will include a description of NRC's database of normative data from across the U.S. and actual comparisons to your results,where appropriate. ■ NRC emails draft report(in PDF format)to you.................................................... ............week 15 Dec 10 ► Due to NRC:jurisdiction feedback on the draft report....................................................................week 16 Dec 17 -4 NRC mails final report and data file to you(unless otherwise specified).......................................week 17 Dec 26 A NRC mails final invoice to you........................................................................................................week 17 Dec 26 4 NRC mails final evaluation questionnaire and timesheet to you....................................................week 17 Dec 26 ■ Due to NRC: Final half of costs of The NCS..................................................................................week 18 Jan 4,2008 ■ Due to NRC:completed final evaluation questionnaire and timesheet..........................................week 18 Jan 4 AGENDA REPORT NO. 57 FOR: City Council DATE: 6/27/07 TO: Gary Crutchfiel Manager WORKSHOP: Richard J. Smi ctor REGULAR: 7/2/07 Community a d Economic Development FROM: David I. McDonald, City Planner- ' �.. SUBJECT: SPECIAL PERMIT: Crisis Response Building (Detox Center) (La Clinica for Franklin County)(1020 S. 71h ) (MF# SP07-004) I. REFERENCE{Sk: A. Report to Planning Commission B. Planning Commission Minutes: Dated 5/17/07 & 6/21/07 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the Crisis Response Building at the Franklin County Detox (1020 S. 71h) as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On May 17, 2007 the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit for the addition of a Crisis Response Building at the Franklin County Detox Center on South 7th Avenue. B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the proposed Crisis Response Building. The recommended conditions are contained in the attached Planning Commission report. C. No written appeal of the Planning Commission's recommendation has been received. 10(b) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP-07-004 APPLICANT: La Clinica HEARING DATE: 05/ 17/07 515 W Court St ACTION DATE: 06/21/07 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a Crisis Response building in a R-2 Zone (La Clinica for Franklin County) (1020 S 7th Ave) 1. PROPERTY DESCRIPTION: Lots 4-6, Block 12, Gantenbein's Addition General Location: 1020 S 7th Ave Property Size: Approximately 1/2 acre 2. ACCESS: The site has access from S. 7t►Ave. 3. UTILITIES: The property is currently connected to municipal utilities. 4. LAND USE AND ZONING: The site is zoned R-3 (Medium Density Residential) and is developed with the Benton Franklin Detox Center. Surrounding zoning and land use is as follows: NORTH- R-2/City park SOUTH- I-1/Port of Pasco vacant land. EAST- R-3/ Church WEST- R-2/ Manufactured dwelling 5. COMPREHENSIVE PLAN: The Comprehensive Plan makes provisions for the siting of facilities of a county wide nature such as the Detox Center (CP 2.2 Policy # 4. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21 (c) (RCW). DISCUSSION The proposal calls for a new building to be added to the Benton Franklin Detoxification Center on South 7th Avenue. The new building will house offices used for counseling individuals with addiction problems and or for assisting individuals struggling with suicidal tendencies. The property in question has been occupied by the Benton Franklin County Detox Center for almost 25 years. Site improvements consist of a parking lot, a Detox building and some poorly maintained landscaping. The proposed facility is classified as a community service facility and as such can only be located in the community following a review through the special permit process. The existing Detox facility has been in operation for 25 years with minimal impact to the surrounding neighborhood. The manufactured home located directly west of the Detox Center was placed on the lot 12 years after the Detox Center was opened. Likewise the church on the east side of S 711 was significant expanded after the opening of the Detox Center. The City recently improved the street right-of-way along the south site of the site in conjunction with the Ainsworth overpass. That street work completed all the necessary public improvements adjoining the property. The on site improvements such as the parking lot and landscaping have fallen into a state of disrepair. The areas on the attached site plan that indicate grass along Ainsworth Ave is more of a cheat grass patch and gravel than actual lawn. The mugo pine appears to contain only weed grasses and the crushed rock along S 7th is cover in weed grasses. Current standards (for commercial properties) would require the planting strip along S 71h to contain 65 percent live vegetation. May want to consider requiring site improvements if the new building is recommended for approval. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 1. The County Detox Center has been on the site for approximately 25 years. 2 2. The property is zoned R-2. 3. The remainder of the block is developed with a manufactured home and Mercer Park. 4. The manufactured home west of the Detox Center was placed there 12 years ago 5. The Detox Center opened in 1983. 6. Surrounding property to the north is developed with a City park (Mercer Park). 7. The city recently installed new curb gutter and sidewalk along the south boundary of the Detox Center. 8. The landscaping and parking lot of the Detox Center have fallen into a state of disrepair. 9. Current landscaping standards require live vegetation in the parking lot buffer areas. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Policies of the Comprehensive Plan state that no local regulations will preclude the siting of facilities such as the Detox center but the City can insure compatibility with adjoining land uses. The proposed use is an extension of an existing community facility that has been in place for about 25 years. 2) Will the proposed use adversely affect public infrastructure? The proposed use will have little or not impact on public infrastructure. The proposed office will have minimal needs for water sewer and other utilities. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed building is and addition to the existing Detox Center that has been located on the site for almost 25 years. The proposed building will not alter the character of the neighborhood. 3 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The presence of the existing Detox Center has not been detrimental to development of adjacent properties or the value thereof. The church to the east expanded after the location of the Detox Center and a number of manufactured homes were located half a block west of the Detox center in the mid-1990's. 5f Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise,fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The proposed building will generate little additional traffic. No noise, fumes, dust, vibrations, or flashing lights will be created by the proposal. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The proposed building will be located on the same property as the County Detox Center and will be used to augment services related to the Detox Center. The existing facility has not been a nuisance to the neighborhood. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact and conclusions as contained in the May 17, 2007 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit to the Benton Franklin Detox Center with conditions as contained in the June 21, 2007 staff report: 1) The special permit shall be personal to the applicant. 2) The property must be developed in substantial conformance to the site plan submitted with the application. 4 3) The poorly maintained and or dead lawn surrounding the exiting Detox building shall be reestablished, properly irrigated and properly maintained. 4) All weeds and debris shall be removed from the site and the site shall be maintained in a weed free condition. 5) The landscaped bed south of the parking lot shall be reestablished with shrubs as originally prescribed on the Detox Center plans. 6) The setback between the parking lot and South 7th Avenue shall be cleaned up and planted with shrubs. A plan for the plantings must be submitted to the community 8v Economic Development director for approval prior to planting. 7) The new building addition shall match the color of the existing Detox building. 8) A landscape plan must be approved by the Community & Economic Development Director prior to installation. 9) The special permit shall be null and void if a building permit has not been obtained by July 1, 2008. 5 i r � - I �.T.� I • � y, .�Y ,.A y�Z�.�.?+M WkA� N ��f� ���Nq�y.^��th ' �/ 1 1. 1 � 11� ,jam_,���5�•*„ y'� W •w� k�" �, y lI, � �V k � �I L � � � tea` � w � � �� �� � � �� r„' ,..,•„t w 10 d" ab cd 71 Im yr� B11V H18 0 SA, -AdEL. cot ��■y r « "+ ( "�� _SVV A cu z -9AFV- 70 X 19-S- CD M cd iu)l Co Uj NI H1L S CIO ct T-1 C: co co and Hi8 S x J-- cn _ __ .�-1 ; S 9TH AVE Zoning Item: S pecial Permit --Crisis Res onse Ce ter 1V�ap Applicant: La Clinica/Franklin County N File #: SP 07-004 W "B" ST f1 _. ___.__..___-_- R-3 -- --------------- . E R-2 Cn ----------------- ----------- 7r- w > < ! > < R-2 M1ti _____-�- w R-2,T R-3 SITE ti F - 1JU I/V Plal-4 10330S za 0-.OE 'A 7, En Ne%�sewer une W Z E9 New line A-IWA 9 Cl 7— cn -Z IA &x 2 Lxu 0 dN$ C3 x 0 cn r E� w X Ul 0 Ll z w x > C3 o N CD .z m rL Ll 13 D fil L�R 10 LLJ < C I 3 Ej -1 rn N> C3 En .10 tic) Q Ll cl ty Q,Iljj At Qcj� 0 Ln ui En ti D v LL cm C14 2 C:) .0 Lj A: a, ri C3 0 2 F IL U3 CC x w w ul =3; r 0 C w 19 m —j PLANNING COMMIMSSION MINUTES 5-17-07 NEW BUSINESS: A. Special Permit Crisis Response Building (La Clinica for Franklin County) (1020 S 7th Ave.) (MF# SP07-004) Staff addressed the Commission and advised that notice of the application has been mailed to surrounding property owners and published in the newspaper. The application is for an additional building to be placed at the detox center located on S. 7th, just north of Ainsworth Avenue. The detox center has been located on this property for approximately twenty-five years. Surrounding property uses include a park, a modular home community, and a church and migrant council daycare facility. The additional building will be used for business offices and telephone counseling. Commissioner Samuel asked if staff was aware of any code enforcement activity on the site. Staff responded that they are not aware of any code enforcement actions. The current condition of the site could be addressed in the conditions placed up on the application's approval. Commissioner Anderson asked how large the new building will be. Staff responded that the building would be a modular building, located approximately six to eight feet from the existing building. Commissioner Samuel asked if the number of required parking spaces will be preserved. Staff responded that most of the program participants do not drive. Parking will be required for staff only; the existing parking lot should be adequate to cover that requirement. The Chairman opened the Public Hearing. Teresa Avalos, 8407 Wembly, Pasco, WA addressed the Commission and stated that she represented the applicant. The building will be additional office space for existing staff at the detox facility. Commissioner Samuel asked how large the facility is now, and how large the add-on would be. Ms. Avalos responded that the facility now has twelve beds; the new building would be a double wide modular unit housing four offices. Commissioner Samuel asked how many beds are usually full in a typical week. Ms. Avalos deferred to the supervisor of the facility to answer the question. Mr. Salas, 659 S. Saddle Road, Othello, WA addressed the Commission and advised that the occupancy rate varies, but usually there are between eight and twelve clients per week. Commissioner Samuel asked if Mr. Salas could comment on the existing condition of the landscaping, and how they might improve it. Mr. Salas stated that a proposal will be made to the maintenance department of La Clinica to install underground sprinklers. He added that the site usually doesn't look as bad as it does currently, and that they plan to improve the situation. Commissioner Samuel asked if improvement of the landscaping could be made a condition of approval for the project. He requested that specific requirements for the landscaping improvements be detailed in the conditions for the project. Staff stated that they will include improvement of landscaping in the conditions of approval. Commissioner Samuel asked if the facility operates 24/7. Mr. Salas responded that it does operate 24 hours a day, seven days a week. Commissioner Ray asked what the length of time is for the average stay of a participant. Mr. Salas responded that for an alcoholic the average stay is three days; for a drug addict, five days. Commissioner Samuel asked if there has been any police involvement or other problems with neighbors complaining about the facility. Mr. Salas stated that they have not had any problems. Commissioner Samuel asked if the application was denied, what would happen to the program. Mr. Salas replied that they would continue to function as they have been. After three calls for public comment the Chairman closed the Public Hearing. Commissioner Rose moved to close the hearing on the proposed special permit and to initiate deliberations and schedule adoption of Findings of Fact Conclusions and a Recommendation to the City Council for the June 21, 2007 meeting. Commissioner Anderson seconded the motion; motion carried unanimously. PLANNING COMMISSION MINUTES 6-21-07 OLD BUSINESS: A. Special Permit Crisis Response Building (La Clinica for Franklin County) (1020 S. 7th Ave.) (MF# SP07-004) Chairman McCollum introduced the item and explained that it had been presented at the last meeting and public comment had been received at that time. No further public comments will be taken during the deliberations. Commissioner Samuel moved to adopt the Findings of Facts and Conclusions there from as contained in the June 21, 2007 Staff Report. Commissioner Anderson seconded the motion; motion carried unanimously. Commissioner Samuel moved based upon the Findings of Fact and Conclusions there from the Planning Commission recommend the City Council grant a special permit for the location of a Crisis Response Building at 1020 South 7th Avenue with conditions as contained in the June 21, 2007 Planning Commission report. Commissioner Anderson seconded the motion; motion carried unanimously.