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HomeMy WebLinkAbout2007.09.10 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. September 10,2007 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Waste Water Collection and Treatment Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented by Reuel Klempel, Plant Division Manager. (b) 2008 Community Development Block Grant Allocations and Annual Work Plan: 1. Agenda Report from Angie Pitman, Block Grant Administrator dated September 4,2007. 2. 2008 Summary of CDBG Applications for Funding. 3. Planning Commission Minutes July 19, 2007 Workshop and August 16, 2007 Public Hearing and Planning Commission Action. 4. Resolution Approving 2008 Allocations and Annual Work Plan. (c) Amendment No. 3 to Tri-Cities HOME Consortium Agreement: 1, Agenda Report from Angie Pitman,Block Grant Administrator dated September 4,2007. 2. Amendment No. 3 to Cooperative Agreement. (d) 2008 HOME Fund Allocation: 1. Agenda Report from Angie Pitman, Block Grant Administrator dated September 6,2007. 2. Resolution allocating 2008 HOME Funds. 3. CHIP Map of Completed Projects and Applicants. (e) Growth Management Grant: 1. Agenda Report from David 1. McDonald,City Planner dated September 6,2007. 2. Notice of Grant Award. 3. Washington State Department of Community, Trade & Economic Development Grant Contract. (� Wastewater Treatment Plant Membrane Replacement: 1. Agenda Report from Reuel Klempel, Wastewater Plant Division Manager dated September 4,2007. (g) Amendment of Interlocal Agreement for Joint Planning of Regional Centers: 1. Agenda Report from Gary Crutchfield, City Manager dated September 7, 2007. 2. Page 1 of Amendment No. 1 approved by Pasco City Council on June 4, 2007. 3. Revised Amendment No. 1 to Interlocal Agreement. (h) Local Voters Pamphlet: 1. Agenda Report from Gary Crutchfield,City Manager dated September 6,2007. 2. Letter from Franklin County Auditor to City Manager dated 8/6/07. 3. RCW 29A.32.220. 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) Real Estate Acquisition. (b) (c) 6. ADJOURNMENT. Workshop Meeting 2 September 10,2007 Reminders: 1. 10:00 a.m., Saturday, September 8, 4'h & Lewis Streets, Downtown Pasco Pasco Fiery Foods Festival Welcome Address. (MAYOR JOYCE OLSON) 2. 12:00 p.m., Sunday, September 9, 4'h & Lewis Streets, Downtown Pasco - Pasco Fiery Foods Festival Welcome Address. (COUNCILMEMBER MATT WATKINS) 3. 12:00 p.m., Monday, September 10, Pasco Red Lion — Pasco Chamber of Commerce General Membership Meeting. ("Mental Health Awareness" presented by Miss Tri-Cities 2007, Kristen Cox.) 4. 10:00 a.m., Tuesday, September 11, Senior Center---Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN, Alt.) 5. 7:00 a.m., Thursday, September 13, Cousin's Restaurant — BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; JOE JACKSON, Alt.) 6. 4:00 p.m., Thursday, September 13, 3416 Stearman Avenue — Solid Waste Advisory Committee Meeting. (COUNCILMEMBERS MIKE GARRISON and TOM LARSEN, Reps.; MAYOR JOYCE OLSON and COUNCILMEMBRR MATT WATKINS,Alts.) 7. 7:00 p.m., Thursday, September 13, Transit Facility — Ben-Franklin Transit Board Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; MIKE GARRISON,Alt.) 8. 2:30 p.m. —busk, Friday, September 14, Howard Amon Park, Richland— Energy Northwest's 50`' Anniversary Celebration. (COUNCILMEMBER REBECCA FRANCIK) AGENDA REPORT NO. 68 FOR: City Council DATE: September 4, 2007 WORKSHOP: 9/10/07 TO: Gary Crutch I y nager REGULAR: 9/17/07 FROM: Angie Pitman, lock Grant Administrator CW Community& Economic Development SUBJECT: 2008 Community Development Block Grant Program Allocations and Annual Work Plan 1. REFERENCE(S): A. 2008 Summary of CDBG Applications for Funding B. Planning Commission Minutes .1uly 19, 2007 Workshop and August 16, 2007 Public Hearing and Planning Commission Action C. Resolution Approving 2008 Allocations and Annual Work Plan II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/10/07: DISCUSSION 9/17/07: MOTION: I move to approve Resolution No. regarding the City's 2008 CDBG Allocations and Annual Work Plan. III. FISCAL IMPACT It is estimated that total of $755,656 will be available for use in meeting the goals of the Community Development Block Grant (CDBG) 2008 Annual Work Plan. This estimated combined total is from the following sources, an estimated entitlement grant of approximately $615,000 from the U.S. Department of Housing and Urban Development, program income estimated at $10,000, and reallocations totaling $130,656. In the event of a funding shortfall, funding for program activities will be reduced in accordance with HUD guidelines. IV. HISTORY AND FACTS BRIEF: A. The City received fourteen (14) requests for fiends totaling $971,500. Approximately $755,656 is estimated to be available for use in 2008 from three sources. A funding deficit of $215,844 was resolved by reducing funding requests for lower priority goals. A summary of requests for 2008 CDBG funds is attached in Exhibit A. B. All proposed activities are eligible for finding under U.S. Housing and Urban Development Department regulations. HUD regulations state that the amount of CDBG Funds obligated within a program year to support public service activities may not exceed 15% of the total entitlement plus prior year program income. C. The Planning Commission held a Public Hearing on July 19, 2007 and August 16, 2007. The public hearing, which was advertised in the Tri-City Herald in both English and Spanish, solicited public comment either for or against any application for funding, or reallocation for the City of Pasco 2008 Community Development Block Grant (CDBG) Program. At the public hearing fourteen (14)presentations were made relating to proposed activities. V. DISCUSSION A. Staff presented recommendations for funding at the August 16, 2007 Pasco Planning Commission meeting. The Planning Commission recommended approval of staff funding recommendations. B. Pasco's 2008 Annual Work Plan is due to HUD by November 15, 2007. It is recommended the Resolution Approving 2008 Allocations and Annual Work Plan be approved, 3(b) Exhibit A 2008 CDBG Fund Summary - September 10, 2007 Attachment 1 Proposals - Recommendations Page 1 ACTIVITY/AGENCY CDBG NonCDBG STAFF PLANNING CITY ID ACTIVITY NAME REQUEST FUNDS RECOMMEND COMMISSION COUNCIL Contribution RECOMMEND APPROVAL City of Pasco-Community& 1 Economic Development Program Administration $120,000.00 $0.00 $105,000.00 $105,000.00 City of Pasco- Administrative& Civic Center-Youth 2 Community Services Recreation Specialist $37,500.00 $42,500.00 $33,000.00 $33,000.00 City of Pasco- Martin Luther King Administrative& Community Center 3 Community Services Recreation Specialist $37,500.00 $89,200.00 $33,000.00 $33,000.00 City of Pasco- Administrative& Senior Citizen's Center 4 Community Services Recreation Specialist $37,500.00 $191,250.00 $27,500.00 $27,500.00 Pasco Downtown Pasco Downtown Development Association- Development Commercial 5 SK Kitchen $65,000.00 $30,800.00 $50,000.00 $50,000.00 City of Pasco-Community& Downtown Facade 6 Economic Development Improvement(2-4 facades) $80,000.00 $20,000.00 $2,000.00 $2,000.00 Catholic Family&Child Catholic Family Volunteer 7 Services-Pasco Chore Services(4) $4,000.00 $117,614.00 $4,000.00 $4,000.00 Benton Franklin CAC- Energy Efficient Home 8 Home Energy Program(10 households) $20,000.00 $20,000.00 $20,000.00 $20,000.00 City of Pasco-Inspection 9 Services Code Enforcement Officer $48,000.00 $0.00 $48,000.00 $48,000.00 Habitat for Humanity Tierra Tri-County Partners, Vida Project Support(12 10 1 Habitat for Humanity Homes) $72,000.00 $1,152,000.00 $0.00 $0.00 Boys&Girls Club of Boys&Girls Club- Benton&Franklin Mainbranch Gamesroom 11 Counties Renovation $140,000.00 $30,000.00 $140,000.00 $140,000.00 City of Pasco- Martin Luther King Administrative& Community Center- 12 Community Services Drainage Improvements $50,000.00 $0.00 $50,000.00 $50,000.00 City of Pasco- Administrative& Peanuts Park Restroom 13 Community Services Upgrade $100,000.00 $0.00 $83,156.00 $83,156.00 City of asco- Administrative& 14 Community Services Volunteer Park Upgrade $160,000.00 $0.00 $160,000.00 $160,000.00 $971,500.00 1$1,693,364.00 $755,656.00 $755,656.00 FY 2008 Entitlement(Estimated) $ 615,000 2008 Program Income(Estimated) $ 10,000 Reallocations $ 130,656 Total Funds Available $ 755,656 9/4/2007 Exhibit B REGULAR MEETING JULY 19, 2007 PLANNING COMMISSION MEETING NEW BUSINESS: A. CDBG Development of the 2008 CDBG Program for the City (Project Presentations) (MF# CDBG 07-001) Vice Chairman Samuel read the master file number and asked staff for a report. Staff reported on the Community Development Block Grant program and the process for the allocation of funds for projects. The fund allocations are to meet national objects related to benefiting low to moderate income individuals and families, addressing urgent needs within the community and/or addressing conditions of slum and blight. Staff stated that notice of the hearing was published in the newspaper per program requirements in both English and Spanish. Staff provided a report on the 14 funding request proposals received, totaling $971,500, including non-CDBG funding in the amount of $1,693,364. This year's grant award is expected to be $625,000 based on last year's allocation of $600,000 and program income of$25,000. • Program administration (cap of 20% of available funds) $120,000 • Economic opportunity $145,000 (plus $50,800 non-CDBG funding) • Public facility improvements $450,000 (plus $30,000 non-CDBG funding) • Decent housing $144,000 (plus $1,289,614 non-CDBG funding) • Public services (cap of 15% of available funds) $112,500 (plus $322,950 non-CDBG funding) Commissioner Anderson asked for clarification of the slide listing the categorization summary. Staff explained that the list was a summary of the CDBG categorizes as outlined on the detail list provided in the packets. The program goals are; #1 (mandatory) program administration, #2 is economic opportunity, #3 is public facility improvements, #4 is decent housing, #5 is public services. These all meet the goals of the Consolidated Plan. - 1 - Vice Chairman Samuel requested comment from the program administrators for each of the items on the program proposal summary. Item 1: Program Administration ($120,000) Vice Chairman Samuel asked if staff would like to describe how City expects to use the $120,000 in funding requested. Staff responded that this funding will offset the cost of administering the CDBG. Salaries and benefits are approximately $84,000. The other $36,000 is detailed out into other administrative items beyond the salary breakdown. Vice Chairman Samuel asked if any code enforcement was being paid for out of the program administration item. Staff responded, No, code enforcement falls under decent housing. Vice Chairman Samuel asked if there were any comments from the public. Bill Venema, 8517 W Court St, Pasco WA, asked if the $120,000 is an excessive amount for administration of the program. Staff responded that the block grant program caps the administrative funds at 20% and that the City has always been under that amount. There is a lot of time and costs involved for administration of the program including: regulation assessment, tracking the funds, advertisement, tracking records, etc. The salary mentioned covers the coordinator, assistants and benefits. Vice Chairman Samuel noted that the administrative allotment is questioned every year and that he investigated the program costs last year to his satisfaction. Commissioner Anderson stated a point of order. He requested that the Commission receive testimony from the individuals associated with the programs prior to calling for comments. The call for comments could be made at the end of the program presentation. Vice Chairman Samuel, had no objection. Item 2: Civic Center - 'Youth Recreation Specialist ($37,500) Staff noted that they would report on several Parks and Recreation Department proposals, including this one, as the Parks Director is unable to attend the meeting. Staff described this ongoing program that partially funds (the General Fund provides the balance) a youth recreation specialist who works with - 2 - approximately 1300 at risk youth during the year in the neighborhood of City Hall in census track 202 and 203. Vice Chairman Samuel stated a point of order. He requested comparison information, if available, for the prior year's program request. For example, the program administration was the same dollar amount as last year's request? Is the youth recreation specialist the same this year as last year? Staff noted that both these assumptions are correct. Item 3: Martin Luther King Community Center Recreation Specialist ($37,500) Staff reported that this ongoing program is for the same dollar amount as last year and has been available at the Martin Luther King Community Center for a number of years. This is partial funding for a recreation specialist to work with programs in conjunction with the Salvation Army, YMCA, and other organizations that provide services to approximately 4,000 youths. Item 4: Senior Citizen's Center Recreation Specialist ($37,500) Staff reported that this is an ongoing program that has been funded at the same level for several years, providing partial funding for a recreation specialist. The program provides 40,000 senior service programming units for the elderly and senior citizens. The balance of the funding is from the City. Item 5: Pasco Downtown Development Commercial Kitchen ($65,000) Dorothy Schoeppach, Manager of the Kitchen, 110 S 4th Avenue, Pasco, WA 99301, reported that this is an ongoing program requesting the same amount as last year. The City originally received grants to re-develop the two pieces of property the program and a number of new businesses now use. Ms. Schoeppach distributed a list of 23 businesses now using the facility. Only $50,000 of the request was granted last year causing a decrease in the amount of marketing and advertising for the program. Ms. Schoeppach noted that the program reacts to trends and that some of the businesses have branched out, moving to their own locations as viable businesses, which is the intent of the kitchen. Ms. Schoeppach also noted that -the Pasco School District, through their commercial academy, is a partner with 17 to 30 students utilizing the facility during the school year. Commissioner Little requested information on their financial status. Ms. Schoeppach responded that the program is staying stable. If they do better, they spin off funds to economic development. Commissioner Little asked for information regarding what other businesses have gone on to set up on their own. - 3 - Ms. Schoeppach noted that some businesses change their names when they leave. Four businesses that are known to be still in business are: Quick Dogs in downtown Kennewick, Northwest Seafood in Richland, Giggles Gluten Free products in Richland, The Honey People in Pomeroy. Commissioner Little noted another business --- The Lucky Flowers. Ms. Schoeppach stated that there is a lot of fluctuation, businesses come and go, but that some catering businesses have been with the kitchen since they opened the doors. It is the nature of catering businesses that a storefront is not needed. Also Cakes Be We is very successful, the best cakes in the state. Commissioner Anderson noted that the block grant program is always in danger of being discontinued by congress. How would that affect the kitchen? Ms. Schoeppach responded that, like any small business, they would have to cut back the management time and reduce visibility, advertising, and maintenance. Ms. Schoeppach further discussed the cost and maintenance schedule. Also, the intent of the program could be redesigned to adjust to the loss of funding. You would not be able to maintain the program as it is without the assistance of the CDBG funds. Commissioner Schouviller asked if the participants paid a fee to use the kitchen. Ms. Schoeppach described the sliding fee scale for the program participants. The more use, the less the cost to the participants. She also noted that summer was very busy and that the equipment has a default setting in order to reduce costs. Commissioner Schouviller asked about the qualifications of the participants. Ms. Schoeppach stated that the businesses are required to: maintain a City of Pasco business license, have a permit from either Benton-Franklin Health Department or the State of Washington Department of Agriculture, maintain $1 M in insurance with the kitchen with the City of Pasco named as additional insured, and all staff must have health user cards and a license agreement with the kitchen that includes the rules and regulations. Commissioner Schouviller asked if there was a timeframe that businesses were allowed to use the facility. Ms. Schoeppach responded that she had completed a nationwide survey of incubator kitchens and that the industry does not have a limit as most participants move on before the limit is reached. Some business incubators have a three-year limit but that has not been true in the food industry. Ms. Schoeppach noted that this survey was done as the result of an objection to a - 4 - long-term client. The client is very successful; they have done a great job and do a great job. Two things, they not only benefit from the kitchen but the kitchen benefits from them. Vice Chairman Samuel asked if it was Ms. Schoeppach's intent that five years in the future the kitchen would not require CDBG funds or will the kitchen always require block grant funds. Ms. Schoeppach stated that if they do not have block grant funds they will have to change the complexion of it from what they have today or they will have to change some of the services. The facility is a wide open 10,078 square feet that is either heated or cooled, which is one of the big expenses, and you maintain it. The Health Department is very happy with the facility. Maybe someday but it would be difficult to maintain the facility without some type of assistance. Nationwide, there is only one commercial kitchen that is self-sustaining and it contains only two manufacturers. Item 6: Downtown Faeade Improvement (4 facades) ($80,000) Staff reported that this on-going program, in place for several years and requesting the same amount as last year, is advanced by the City and utilized by several businesses in the downtown area to improve facades. Two facades have been completed since it's inception in 2003 with three or four possible applicants for the upcoming year, completing a section of five buildings with new, improved facades, and revitalizing the businesses in the downtown district with a new facelift. Commissioner Little noted that the business also participates? Staff noted that the split is 75%/25% and is capped at $20,000. A deposit of $500 for good faith is received by the business. Once the bids are received, the full 25% is received from the business, combined with the CDBG funds and the City assumes the responsibility for payment using the private and CDBG funds. Item 7: Catholic Family Volunteer Chore Services (4) ($4,000) Shari Hallman, Catholic Family and Child Service, 5111 Dove Lane, West Richland, Wa, thanked the City for the many years of funding. The program, providing volunteers to do services, is for individuals of very low income (average for single individual is $700 per month for all living expenses; a couple is $1500 per month). Current programs include mobility issues such as wheelchair ramps, railings, etc. The State of Washington also provides funding but with very stringent requirements for use of the funds. The CDBG funds are used for individuals in Pasco that do not qualify for any other programs. This year the request is for $4,000. - 5 - Another aspect of the program, in place for approximately five years, is the removal of ramps after they are no longer required. The ramps are donated back to the program and reused for other individuals. Commissioner Schouviller asked, in response to Ms. Hallman's comment that they use to do more work in Pasco then they are now, why is it that they do less? Has Pasco grown? Ms Hallman responded that, No, it has nothing to do with Pasco, what happened is that she started using contractor's rather than volunteers. While there were more funds available all around the agency prefers they use volunteers. Commissioner Schouviller asked for clarification: Is the City of Pasco doing anything to discourage Ms. Hallman's organization? Ms. Hallman responded that the City gave the organization $20,000 last year but with the limited amount of time and with the grant money coming in later, they have to meet a certain criteria. Manpower wise, they don't want to take more money than they feel they can use. They may ask for more next year if they feel they could use it. Item 8: Energy Efficient Home Program (10 households) ($20,000) David Odom, Benton-Franklin CAC, 1002 Abbott, Richland, WA, business address - 720 W. Court Street, Pasco, WA. This continuing program is requesting the same funding level as last year and will be matched with $20,000 from a State program. Some of the homes have leaky ducks, condemned furnaces, and water heaters incorrectly installed. Mr. Odom reviewed the program and specific projects and presented the Commissioner's with project photos. Vice Chairman Samuel asked if they planned on doing 10 houses this year. Mr. Odom stated that was for 2008. Vice Chairman Samuel asked if for 2007 they proposed 10. Mr. Odom responded that he thought it was 9 or 10 but they are going to add another project. Vice Chairman Samuel asked how many were done in Kennewick and Richland. Mr. Odom responded that in Benton and Franklin counties they do about 110 units in all their energy conservation programs. They receive funding from a number of sources including: DOE, Health and Human Services, PUD, BPA. Commissioner Schouviller asked how the 10 properties were selected. - 6 - Mr. Odom responded that they come through their energy assistance program, another department that helps individuals with their energy bills. If they are eligible for energy assistance they are automatically eligible for weatherization and the home repair programs. Item 9: Code Enforcement Officer ($48,000) Staff reported that this ongoing project that has been in place for 20 years. This partial funding, in the same amount as last year, is for a code enforcement officer to deal with code related issues in housing and other areas, primarily in central and eastern Pasco. Item 10: Habitat for Humanity Tierra Vida Project Support (12 homes) ($72,000) Kristin Lerch, Development Coordinator, 1614 Alder Avenue, Richland, WA, business address - 313 Wellsian Way, Richland, WA. On behalf of Theresa Richardson, Executive Director, she like thanked the City of Pasco and the Commission for the opportunity to present their proposal. Habitat for Humanity Tri-Cities has built 41 homes in the tri-cities since their incorporation in 1994. The mission is to end poverty housing by building simple, decent, affordable homes for families in need. They serve the low to very low income population. These homes are built in partnership with the families requiring over 500 hours of labor towards the building of their own homes. The Tierra Vida project is a mixed income development at the east end of Pasco in which 7 more homes will be completed in 2007 with 12 additional homes in 2008. The request (estimated at $72,000) is for reimbursement for building permits and related fees for these 12 homes. Habitat builds affordable housing in partnership with the hard working families as well as community support in all forms. The support is vital to be able to reach the goal of providing simple, decent, affordable housing. In the last two months, total fees and permits on a 1,000 square foot house increased from $4,300 to $4,700 dollars. Habitat for Humanity feels that their request falls in line with the City of Pasco's long range community action plan, specifically goal 4; improve affordable housing opportunities for lower income individuals and households. The land is available for purchase. The infrastructure is complete and in place. Families have been selected and they are ready to move forward. Using primarily voluntary labor, the houses are typically finished in 4 to 5 months. CDBG funds will secure the building permits as well and start construction. - 7 - Commission Schouviller requested information on the other funding sources. Ms. Lerch responded that they had a number of sources including: fund raising, HUD funds, CTED grant, construction loans that the mortgage payments refund. Vice Chairman Samuel requested information on the impact if the grant was not received? Ms. Lerch responded that it might impact where they build and their ability to build in Pasco. Item 11: Boys & Girls Club - Main branch Games room Renovation ($140,000) Brian Ace, 1 102 N Irving Place, Kennewick, Wa, stated the proposed games room renovation is located at 801 N 18th Avenue. The mission of the Boys and Girls Club is to enable all young people, especially those who need them most, to realize their full potential as productive, responsible, and caring citizens. Security at the old Emerson Elementary school would be improved by eliminating the unsupervised hallway space. The project falls under the public facility improvements and public services of the City of Pasco and the strategic plan objects. Commissioner Schouviller asked for clarification of the hours and days of operation. Mr. Ace stated that the center is open after school to 6:00 p.m., Monday through Friday. The cost to the participants is $10.00 per year and is entirely supported by the community through grant dollars, corporate and individual donations, and fundraisers. Vice Chairman Samuels asked for information on enrollment. Mr. Ace stated that the average daily attendance this school year was up by 30 to 200 a day. Vice Chairman Samuel asked what other programs utilized the space. Mr. Ace responded that the other programs include a pre-school, a kindergarten, and, during the summer, a number of licensed child care camps. Vice Chairman Samuel noted that he toured the facility with Leadership Tri- cities and found it very impressive and that they are doing a great job. Commissioner Little asked how the cost for the remodel was obtained. - 8 - Mr. Ace noted that a local construction firm, specializing in HUD projects, completed a good faith estimate. Mr. Ace also noted that the grant dollars would be used for completion of the bidding process. Staff asked about the hallways and if they were connected to any other part of the building. Mr. Ace stated that they connect to a 30 station computer lab and an art room. Staff noted that they have concerns regarding fire safety and safety exiting from the building. Mr. Ace responded that this was one of the questions they had when they obtained the estimate. They will address that through the project's architectural work which will use an engineering firm to ensure that the space is appropriate safety and security wise for youth and meeting all the necessary codes. Staff noted that typically you do not exit from one room to another room and then out of a building. Mr. Ace responded that they had looked at that at various times with the licensing requirements on the building. He stated that one of the things they might need to add are exterior exits from the art and games room. They will not do a renovation that will put kids in an unsafe situation. Item 12: Martin Luther King Community Center, Drainage Improvements ($50,000) Staff noted that this project addresses a problem at the Martin Luther King Center during stormy weather (flooding causes damage to the building and makes part of the building unusable for a period of time). The problem would be eliminate by placing proper drains around the building and channeling the water to a drainage facility located at the other end of the park. Vice Chairman Samuel asked if another source of funds was available or, if this is not approved, what the impact would be. Staff noted that there would be further deterioration of the building, increasing future repair costs and cause lack of the use of the building for various programs. Other funding sources would have to come from the General Fund. Vice Chairman Samuel asked if the facility incurred food damage this year. Staff noted that off and on it has incurred damage and could get the specifics for the Commission. - 9 - Item 13: Peanuts Park Restroom Upgrade ($100,000) Staff reported that the Peanuts Park restroom facility is approaching 30 plus years in age, meeting their useful file, and does not meet current handicapped accessibility requirements. They need extensive repair/remodel/ replacement. Vice Chairman Samuel requested information on the park location. Staff noted that it is the concrete park by the Farmers Market on the corner of 4th and Lewis. Commissioner Anderson asked if the restroom was open. Staff responded that in the past it is open during the Farmer's Market days (Wednesday and Saturday) but does not know if it is open, or should be open, during the week. Item 14: Volunteer Park Upgrades ($1 60,000) Staff reported that this is a continuation of several years of improvements in Volunteer Park that will address an upgrade the parking lot at the north end of the building and provide additional pathways through the park that tie in to the previously built pathways. The Vice Chairman opened the public hearing. After three calls for public comment the Vice Chairman closed the Public Hearing. Vice Chairman Samuel asked if there were any left over funds from 2007 that could carryover into next year or is that part of the $600,000; have we spent all of the funds? Staff responded, ]Vot yet but expected to. Vice Chairman Samuel asked if we expected to have any carryover fund. Staff responded that there would be very little, enough to cover ongoing projects. Vice Chairman Samuel requested that the paperwork for recommendation to City Council contain information on this year's expenses, this year's approved, and next year's requests. Commissioner Anderson moved to close the hearing on the Development of the 2008 CDBG Program for the City. Commissioner Hay seconded the motion; motion carried unanimously. - 10 - REGULAR MEETING AUGUST 16, 2007 PLANNING COMMISSION MEETING OLD BUSINESS: A. 2008 Block Grant Development of the 2008 CDBG Program for Recommendation the City (Project Recommendations) (MF #CDBG 07-0011 Chairman Samuel 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. Staff noted that this item was brought before the Planning Commission for a public hearing on July 19, 2007. At that time, testimony from staff and concerned citizens was presented. Staff stated that as a result of the public hearing, staff has prepared a final report including findings of fact, conclusions based upon those finds of fact, and a recommendation. Chairman Samuel requested information on attachment 1 - reallocation table for recommended carryover of 2007 CDBG funds. What are the question marks indicating? Staff noted that the CDBG coordinator has placed those as footnote indicators. Those projects are still ongoing and have not been completed. The East Pasco underground power lines still has some poles standing. East Lewis Street sidewalks and the Economic Development Activity are also ongoing. These categories contain no excess funds that can be shifted to 2008. The $130,000 total plus the $10,000 in program income can be carried over and added to the estimated $61 5,000 believe HUD will allocate to Pasco for next year's programs. Chairman Samuel asked staff to comment on the deviation from the Habitat for Humanity request versus the staff recommendation. Staff responded that Habitat for Humanity had purchased two lots in Pasco that were not tied into water and sewer that generated a hefty water and sewer fee, something that they were not use too. Since then they have received 10 to 12 lots in the Terra Vita subdivision. The Terra Vita is a developer built subdivision with water and sewer to the lots. There are no front footage charges for these lots. The bulk of the cost is in the front and square footage. These lots have only the systems fee, regular building permit fee, park fee, and a small traffic impact fee of$125.00. - 1 - When you compare those fees to other communities such as West Richland which charges a park fee of $860.00/lot, Richland charges $680.00/lot, Kennewick is $645.00/lot versus Pasco at $583.00/lot. When you look at the fees, we are not really that much different than the other cities. The building permit fees are within $100.00 to $200.00 of each other. If you look at some of the traffic impact fees for certain areas of Richland, it is up over $900. Again, Pasco is $125.00. The other communities are not providing Block Grant funds for this service. Given that, staff was of the opinion that we would be better to fund the other projects. Chairman Samuel asked if there was anything that would prevent Habitat for Humanity from submitting for this next year. Samuel noted that the reported stated that this was a non-traditional funding request. Staff noted that they can apply next year. Commissioner Hay moved that the Planning Commission recommend to City Council to approve the use of funds for the 2008 Community Development Block Grant program as set forth in the 2008 fund summary as recommended by staff. Commission Little seconded the motion; motion carried unanimously. - 2 - Exhibit C RESOLUTION NO. A RESOLUTION approving the Program Year 2008 Community Development Block Grant Allocations and Annual Work Plan. WHEREAS, stag`has prepared the Program Year 2008 Annual Work Plan for activities totaling$755,656; NOW, THEREFORE, THE CITY COUNCIL OF "THE CITY OF PASCO, WASHINGTON, DO RESOLVE, AS FOLLOWS: Section 1. That the Pasco City Council hereby approves the Annual Work Plan as follows: I. CDBG Program Administration $105,000.00 2. Youth Civic Center--Recreation Specialist 33,000 3. Martin Luther King Community Center—Recreation Specialist 33,000 4. Senior Center—Recreation Specialist 27,500 5. PDDA —Commercial Kitchen 50,000 6. Downtown Facade Improvement 2,000 7. Catholic Family—Volunteer Chore Services 4,000 8. Energy Efficient Healthy House Program 20,000 9. Code Enforcement Officer 48,000 10. Boys & Girls Club—Games Room Renovation 140,000 11. Martin Luther King—Drainage Improvements 50,000 12, Peanuts Park—ADA Restroom Upgrade 83,156 13. Volunteer Park—ADA Trails& Parking Lot Upgrade 160,000 TOTAL $755,656.00 PASSED by the City Council of the City of Pasco this day of , 2007. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM.: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 65 FOR: City Council Date: September 4, 2007 TO: Gary Crutchfie Manager Workshop: 9/10/07 Regular: 9/17/07 FROM: Angie Pitman, lock Grant Administrator Community & Economic Development SUBJECT: Amendment No. 3 to Tri- Cities HOME Consortium Agreement I. REFERENCE A. Amendment No. 3 to Cooperative Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/10/07: DISCUSSION 9/17/07 MOTION: 1 move to approve Amendment No. 3 to the 2005-2007 Tri- Cities HOME Consortium Recipient Contract Agreement dated November 30, 2005, and further authorize the City Manager to sign the amendment. III. FISCAL IMPACT Increase the total HOME Funds awarded from a contract ceiling of$695,000 by $18,405.53 for a new contract ceiling not to exceed $713,405.53 IV. HIS'T'ORY AND FACTS BRIEF In 2005, the City committed 2004 HOME funds for the purchase of two lots on South 5"'Avenue (Parcel numbers 112-383-460 and 112-383-458) that are ready to develop for low-income housing. The lots have all necessary infra-structure including sewer and water service, a paved street with curbing and other utility services. They are located in an R-2 zoning district, which would permit the development of single family homes. With a density bonus(PM[C 25.68), it may be possible to develop the lots with duplexes. The neighborhood is characterized by single family homes on individual lots. The surrounding properties consist of both factory assembled homes and site built homes. New construction of homes has occurred north of the lots. V. DISCUSSION The 5"' and Ainsworth projects, committed with 2004 HOME funds, must be expended by no later than December, 2009. Due to a tight plan/build schedule, several organizations known to have the capacity to carry out such a project were contacted by staff. Habitat for Humanity is currently committed on other projects within the Tri-Cities and would not be able to complete the project before 2011. La Clinica is currently under contract with the City of Pasco for 2005 CHDO (Community Housing Development Organization) Project and is currently behind schedule_ Creative Housing Solutions (CHS) is currently under contract with the City of Pasco to administer the City's Community Housing Improvement Program (CHIP); under this program, 16 homes in the Longfellow and Museum neighborhoods have been rehabilitated over the past year. C14S responded to the request, providing a proposal for the projects, and committing to meet the construction deadline of December, 2009. VI. RECOMMENDATION It is recommended the Tri-Cities HOME Consortium contract amendment No. 3 be approved to increase the scope of work to include administration of the 5°i and Ainsworth projects, increase funding by $18,405.53 for a new contract ceiling not to exceed $713,405.53, and extend the period of performance from November 30, 2007 to December 31, 2008. It is further recommended that the City Manager be authorized to sign Amendment No. 3 (Exhibit A) to the Tri-Cities HOME Consortium agreement. 3(c) AMENDMENT#3: Tri-Cities HOME Consortium Agreement Recipient Contract Agreement This amendment to that certain agreement entitled Tri-Cities HOME Consortium Recipient Contract Agreemen dated the 30th of November, 2005 is hereby entered into under the terms of said agreement by and between the City of Richland, a municipal corporation in the State of Washington, acting as lead agency for the Kennewick, Pasco, Richland HOME Consortium; the City of Pasco, representative member; and Creative Housing Solutions, a qualified for-profit agency, recipient. 1. AUTHORITY The parties are hereby authorized to enter into an amendment of the original agreement. 2. PURPOSE The parties agree that it is necessary to enter into an amendment of the original agreement because of: List: 1. Approval to amend contract termination date from November 17,2007 to December 31, 2008. 2. Cost increase to original contract of$8,405.53 for completion of a rehab, and reduction of estimated number of rehabs and down payment assistance loans due to unforeseen circumstances. 3. Addition of responsibility to oversee and implement construction of a minimum of 2 new homes to be located at 1024 and 1028 S. 5th Avenue, Pasco, WA, and selling homes to income eligible first time homebuyers for a cost increase to the original contract of$10,000. 3. AMENDMENTS The following specific amendments shall replace or be added to the original sections of that agreement dated November 30, 2005. A. Section 3 — Sources and Use of f=unds The original agreement shall to amended to read as follows: Insert new language here: The total amount of HOME Program dollars, hereinafter called "HOME Funds", to be allocated to the Project is to be no more than $713,405.53. HOME Funds to be allocated are Fiscal Year 2006 funds. The limit of financial exposure for the Consortium is specifically $713,405.53. This amount does not reflect construction costs and project soft costs for the homes to be built at 1024 and 1028 S. 5 th Avenue, Pasco, WA. Project Description is amended to include: Provide oversight and implement construction per federal HOME Program requirements of a minimum of 2 new homes to be located at 1024 and 1028 S. 5th Avenue, Pasco, WA that will be sold to income eligible first time homebuyers. 1 Dates for completion of significant items are as follows: December 31, 2007 Home design(s) determined. Construction bid completed and contractor identified. Contract between City of Pasco and contractor signed to build minimum of 2 homes. March 31, 2008 Construction started on 1 home. Potential homebuyers identified. June 30, 2008 Construction started on 2nd home. Homebuyers pre-qualified for participation in HOME program. September 30, 2008 Homebuyers pre-qualified with local lender to provide first mortgage. Construction completed on 1 home. November 30, 2008 Construction of 2nd home completed. December 31, 2008 Homes sold to first time homebuyers. 4. REMAINING TERMS All terms and conditions of the original agreement and prior amendments, except as amended or modified in Section 3 above, shall remain in full force and effect. RECIPIENT CONSORTIUM Cre tive Housing Solutions Cynthia D. Johnson, City Manager City of Richland for the Tri-Cities HOME Consortium P.O. Box 190, MS 20 Richland, WA 99352 cf'/ate/v 7 Date Date Representative Member City Manager, City of Pasco Date APPROVED AS TO FORM: Thomas O. Lampson, City Attorney City of Richland 2 AGENDA REPORT NO.69 FOR: City Council Date: September 6, 2007 TO: Gary Crutchfield, City Manager Workshop: 9/10/07 Regular: 9/17/07 FROM: Angela Pitman, Block Grant Administrator SUBJECT: 2008 HOME Fund Allocation I. REFERENCE(S): A. Resolution allocating 2008 HOME funds. B. CHIP Map of Completed Projects and Applicants fl. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/10/07 DISCUSSION 9/17/07: MOTION: l move to approve Resolution No. allocating estimated 2008 HOME funds. III. FISCAL IMPACT Estimated $198,304 Federal HOME funds. IV. HISTORY AND FACTS BRIEF: A. Pasco entered into a HOME Consortium Agreement with Richland and Kennewick in 1995 making the City eligible for Federal HOME funds. In September, 2007, this Agreement was extended to 2008. B. The Redevelopment Strategy Plan, accepted by Council in 2004, recommended that assistance programs be concentrated in two neighborhoods in the vicinity of Longfellow School and the Franklin County Historical Museum. C. On November 21, 2005 City Council authorized the use of the 2006 HOME award to be used for housing rehab and down payment assistance for home buyers in the Longfellow and Museum area. D. As of August 30, 2007 there were 16 rehabs completed, and 13 applicants on the wating list within the target area. E. It is estimated that in 2008 Pasco will receive funds totaling $198,304. Staff is recommending that these ftmds be used for housing rehab for home owners within the Longfellow and Museum area. It is expected that the $198,304 would be used for the rehab of approximately 7 homes. 3(d) Exhibit A RESOLUTION NO. A RESOLUTION ALLOCATING ESTIMATED 2008 FEDERAL HOME FUNDS. WHEREAS, the City of Pasco entered into an Agreement with Kennewick and Richland in 2004 continuing participation in a Consortium originally formed in 1996 under the Home Investments Partnership (HOME) Program; and WHEREAS, the Consortium allows the three cities to be eligible for federal HOME funds; and WHEREAS, the City has established a housing rehabilitation program to be constructed in the Longfellow and Museum neighborhoods; and WHEREAS, it is estimated that the City of Pasco will receive $198,304 federal HOME funds in 2008; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. All 2008 HOME funds received by the City of Pasco shall be allocated to housing rehabilitation. PASSED by the City Council of the City of Pasco this day of , 2007. CITY OF PASCO: Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney s�6 .o � I ail IRMA mom - r AGENDA REPORT NO. 70 FOR: City Council Date: 9/6/07 TO: Gary Crutchfi Manager Workshop: 9/10/07 Regular: 9/17/07 FROM: David I. McDo ald, City Planner SUBJECT: GMA Grant (INFO07-051) I. REFERENCE(S): A. Notice of Grant Award B. Washington State Department of Community, Trade & Economic Development grant contract II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/10/07: DISCUSSION 9/17/07: MOTION: I move to accept the State Community, Trade and Economic Development GMA grant contract and authorize the City Manager to sign said contract. III. FISCAL IMPACT: $10,000 grant award to the City IV. HISTORY AND FACTS BRIEF: A. Last fall the City received a small State grant to assist with the cost of updating the Comprehensive Plan. At that time staff was informed of the possibility of the opportunity to apply for a second round of funding for the 2008 State fiscal year. Staff recently applied for the additional grant funding to offset part of the Comprehensive Plan update costs. B. On August 27, 2007 staff received notice that the City was awarded a $10,000 grant. V. DISCUSSION: A. The grant award will help offset some of the ongoing costs associated with the Comprehensive Plan update and will help cover the additional costs of reproduction, map production and binding. 3(e) STATE Al 1p�yy STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT 128- 101h Avenue 5W • PO Box 42525 • Olympia,Washington 98504-2525 • (360)775-4000 jdd 4-1104'OIIAI 7 KLINnwwOJ August 23, 2007 Mr. David McDonald, City Planner ` J ° 11 T / City of Pasco 525 North Third Avenuel�/�I �i1_ Post Office Box 293 Pasco,Washington 99301 Dear Mr. McDonald: 1 am pleased to inform you that City of Pasco has been selected by the Washington State Department of Community,Trade and Economic Development(CTED) to receive a grant award in the amount of$10,000. The grant is being awarded through Growth Management Services to complete update of the Pasco GMA Comprehensive Plan. Enclosed are two copies of the contract between City of Pasco and CTED for your Update Grant. The scope of work is based on the application that City of Pasco submitted. If the contract meets your approval,please have both copies signed by the authorized signatory and return them to Growth Management Services, P.O. Box 42525, Olympia, WA 98504-2525, ATTN: GMS Grants. If the signed contracts have not been received at the Growth Management Services offices by October 23,2007,CTED may withdraw the award. It is understood that staff from the Growth Management Services and the jurisdiction will work to bring this project under contract as quickly as possible. Please be aware that if funding to CTED is reduced before the completion of your contract then the award may be reduced accordingly. If you have any questions about this or the contract process in general,please contact Jaclyn Woodson at (360) 725-3067, or email jaclynw @cted.wa.gov. Sincerely, Leonard Bauer,Al Managing Director Growth Management Services Enclosures w is CTED Contract Face sheet Contract Number: U08-63200-045 v1.32-811012005 Washington State Department of Community,Trade and Economic Development Local Government Division Growth Management Services 1. Contractor Name and Address 2. Contractor Doing Business As(optional) City of Pasco 525 North Third Avenue Post Office Box 293 Pasco,Washington 99301 3, Contractor Representative 4. CTED Representative Name: David McDonald Name: Janet Rogerson Phone: (509)545-3441 Phone: (360)725-3047 Fax: (509)545-3499 Fax: e-mail: e-mail:janetr @cted.wa.gov 5.Contract Amount 6.Funding Source 7. Start Date 8.End Date $10,000 Federal: ❑ State: 0 Other: ❑ N/A: ❑ 07/01/2007 06/30/2008 9.Federal Funds(as applicable) Federal Agency CFDA Number: N/A N/A 10.Tax ID# 11.SWV# 12.UBI# 13.DUNS# 91-6001264 14.Contract Purpose To complete update of the Pasco GMA Comprehensive Plan CTED and GRANTEE acknowledge and accept the terms of this AGREEMENT and attachments and have executed this AGREEMENT on the date below to start as of the date of the last signed party. The rights and obligations of both parties to this AGREEMENT are governed by this AGREEMENT and following other documents incorporated by reference in the AGREEMENTS'Terms and Conditions including Attachment"A" Scope of Work,and Attachment"B"Budget. FOR THE CONTRACTOR FOR THE DEPARTMENT X Marijo Olson Acting Assistant Director Name(please print) Date Title APPROVED AS TO FORM ONLY Date Alan D. Copsey Assistant Attorney General June 18,,2007 Date Page 1 of 9 539 CONTRACT NO.U08-63200-045 CONTRACT TERMS& CONDITIONS THIS AGREEMENT is made and entered into by and between the DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT, hereinafter referred to as "CTED," and City of Pasco hereinafter referred to as the "GRANTEE." Whereas, CTED has the responsibility under RCW 43.330.050(5)to provide financial and technical assistance to the communities of the state,to assist in improving the delivery of federal, state, and local programs;and to provide communities with opportunities for productive and coordinated development beneficial to the well-being of communities and their residents; and WHEREAS, the CTED has the statutory authority under RCW 43.330.120 to offer technical and financial assistance to cities and counties planning under the Growth Management Act; and WHEREAS, CTED has selected the GRANTEE to receive funds and the GRANTEE shall use the funds to undertake a project which furthers the goals and objectives of CTED's Growth Management Services Unit in accordance with its mission. THEREFORE, the parties mutually agree to the following terms and conditions: SCOPE OF WORK The GRANTEE shall furnish the necessary personnel, equipment,material and/or service(s)and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment"A" attached hereto and incorporated herein. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence on 07/01/2007, and be completed on 06/30/200$,except for any remaining obligations of the GRANTEE as may exist under Attachment"A," unless terminated sooner as provided herein. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed $10,000. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount. Any such written agreement shall be attached to this Agreement and shall be considered an amendment to this Agreement. Compensation for service(s) shall be paid according to the schedule listed in Attachment"B"which is attached hereto and incorporated by reference. In the event that the GRANTEE fails to expend funds under this AGREEMENT in accordance with state laws and/or the provisions of this AGREEMENT, CTED reserves the right to recapture state funds in an amount equivalent to the extent of the noncompliance. Such right of recapture shall exist for a period not to exceed six years following expiration of this Agreement or its termination by either party. Repayment by the GRANTEE of funds under this recapture provision shall occur within 30 days of demand. In the event that CTED is required to institute legal proceedings to enforce this recapture provision, CTED shall be entitled to its costs thereof, including reasonable attorney's fees. Page 2 of 9 539 CONTRACT NO.U08-63200-045 RECORDS MAINTENANCE The parties to this Agreement shall each maintain books,records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s)described herein. These records shall be subject to inspection,review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records,documents, and other material relevant to this Agreement will be retained for six years after expiration or termination of the Agreement, and the Office of the State Auditor,federal auditors,and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that parry and shall not be considered for any purpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION Either party may terminate this Agreement upon 30 days'prior written notification to the other party. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions,the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. Page 3 of 9 539 CONTRACT NO.U08-63200-045 GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Scope of work; c. Budget; d. Any other provisions of the agreement,including materials incorporated by reference. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part,without the express prior written consent of the other party, which consent shall not be unreasonably withheld. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. CONTRACT MANAGEMENT The program manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Program Manager for CTED is: Janet Rogerson 906 Columbia St. SW. PO Box 48350 Olympia,WA 98504-8350 janetr@cted.wa.gov (360) 725-3047 The Program Manager for GRANTEE is: David McDonald 525 North Third Avenue Post Office Box 293 Pasco, Washington 99301 (509) 545-3441 Page 4 of 9 539 CONTRACT NO.U08-63200-045 ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings,oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. The attachments to this Agreement are as follows: ATTACHMENT A: "Scope of Work" ATTACHMENT B: `Budget" Page 5 of 9 539 CONTRACT NO.U08-63200-045 ATTACHMENT A: Scope of Work Grantee: Citv of Pasco Summary: To complete update of the Pasco GMA Comprehensive Plan Estimated Completion Dates &Activities: Goals/ Description Start Date End Date Actions/ Deliverables Goal 1.0 Prepare Transportation Element Maps. Action 1.1 Prepare Draft Major Street Plan Map. 7/6/2007 8/17/2007 Action 1.2 Prepare Draft Transit Route Map. 7/6/2007 8/17/2007 Action 1.3 Prepare Draft Bikeway Map. 7/6/2007 8/17/2007 Action 1.4 Prepare Draft Pedestrian Facilities Map. 7/6/2007 8/17/2007 Deliverable 1.5 Draft Transportation Maps 7/6/2007 8/17/2007 Goal 2.0 Complete Comprehensive Plan Goals and Policies. Action 2.1 Prepare draft final goals and policies statements for each 7/16/2007 9/28/2007 element. Deliverable 2.2 Final Draft Comprehensive Plan Goals and Policies. 7/16/2007 9/28/2007 Goal 3.0 Complete Comprehensive Plan Supporting Elements. Action 3.1 Prepare final draft supporting materials for each 7/2/2007 9/28/2007 element. Deliverable 3.2 Final Draft Comprehensive Plan Supporting Elements 7/2/2007 9/28/2007 Deliverable 3.3 Status Report due to CTED, 7/2/2007 12/15/2007 Goal 4.0 Map Critical Areas for Ordinance Update Action 4.1 Prepare Draft Critical Areas Maps 12/3/2007 6/13/2008 Deliverable 4.2 Draft Critical Areas Maps 12/3/2007 6/13/2008 Deliverable 4.3 Closeout Report Due to CTED 12/3/2007 6/13/2008 Page 6 of 9 539 CONTRACT NO.U08-63200-045 Status Reports Due By: 12/15/2007 6/15/2008 REPORTS: A. The GRANTEE shall submit a brief progress report on a form approved by CTED which describe the progress made on the work program outlined in Attachment "A." Progress reports will be submitted on a Semi-annual calendar cycle. The semi-annual progress report shall also provide detail on the dedicated matching funds. B. The GRANTEE shall furnish, along with or prior to submitting the final invoice voucher, two copies of each final product designated in Attachment "A." Page 7 of 9 539 CONTRACT NO, U08-63200-045 ATTACHMENT B: BUDGET The budget shall consist of the following elements: 1. Category of Expenditure SFY 2008 SFY 2009 Total Salaries and Benefits $ 34,400 $ 0 $ 34,400 Goods and Supplies $ 1,200 $ 0 $ 1,200 Professional Services $ 10,000 $ 0 $ 10,000 Other Goods and Services $ 3,800 $ 0 $ 3,800 Total $ 49,400 $ 0 $ 49,400 2. Budget Summary SFY 2008 SFY 2009 Total CTED Funds $ 10,000 $ 0 $ 10,000 Other Funds $ 39,400 $ 0 $ 39,400 Total $ 49,400 $ 0 $ 49,400 3. Payment Disbursement Schedule Amount Upon final signing of contract and before June 30, 2008 $ 5,000 After submission of first status report and before June 30,2008 $ 4,000 Upon completion of the contract and before June 30, 2008 $ 1,000 4. Special Budget Provisions A. For CONTRACTS over$30,000 the total amount of transfers of funds between line item budget categories shall not exceed ten(10)percent of the total budget. If the cumulative amount of these transfers exceeds or is expected to exceed ten percent, the total budget shall be subject to justification and negotiation of a CONTRACT amendment by the GRANTEE and the DEPARTMENT. B. For CONTRACTS under$30,000 the total amount of transfers of funds between line item budget categories shall not exceed twenty(20)percent of the total budget. If the cumulative amount of these transfers exceeds or is expected to exceed twenty percent, the total budget shall be subject to justification and negotiation of a CONTRACT amendment by the GRANTEE and the DEPARTMENT. C. A sum often (10)percent of funds shall be withheld until all tasks, activities, and final products defined in ATTACHMENT "A" have been successfully completed by the GRANTEE and accepted fully by the DEPARTMENT. Page 8 of 9 539 CONTRACT NO.U08-63200-045 5. Reimbursement Provisions A. Funds will be disbursed per the schedule established in Attachment "B." B. Only eligible project-related costs will be reimbursed. Ineligible casts include,but are not necessarily limited to: capital expenses, such as land acquisition or construction costs;purchase of machinery; hosting expenses, such as meals,lodging,or transportation incurred by persons other than staff and volunteers working directly on the project; lobbying or political influencing; and other casts which are not directly related to the project. C. Within twenty(20)days after receiving and approving the voucher, CTED shall remit to the GRANTEE a warrant covering CTED's share of the costs incurred for work performed. D. The final invoice voucher covering costs incurred for work performed on or before 06/30/2008 must be submitted by the GRANTEE prior 6/30/2008,to allow CTED sufficient time to process it. Payment of the final voucher shall be contingent upon CTED's receipt and approval of any products or deliverables designated in Attachment"A." Page 9 of 9 539 AGENDA REPORT NO. 01 FOR: City Council September 4, 2007 TO: Gary Crutchfie d, anager Workshop Mtg: 9/10/2007 Robert J. Albe , P y Works Director Regular Mtg: 9/17/2007 FROM: Re lempel. astewater Plant Division Manager SUBJECT: Wastewater Treatment Plant Dystor 1. REFERENCE(S)- None 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 09/10: Discussion 09/17: MOTION: I move to approve the purchase of goods and services for $196,800.00 plus applicable sales tax from Siemens Water Technologies for the costs associated with replacing the Dystor membranes at the Wastewater Treatment Plant. III. FISCAL IMPACT: Sewer Utility Fund IV. HISTORY AND FACTS BRIEF: A) Staff has received a quote from Siemens Water Technologies, who is the sole source supplier of the Dystor, in the amount of$196,800.00 plus applicable sales tax to replace the membranes in the existing 42' diameter Dystor. The Dystor was put into service at the Wastewater Treatment Plant in 1996. The life expectancy of the membrane is 10-15 years. The Dystor serves as a storage facility for methane gas to heat the Primary Digesters, and heat the operations building during the winter months. The membrane has developed a leak that allows the methane gas to escape. The limited gas storage capacity makes it necessary to supplement natural gas to heat the Primary Digesters. The Dystor can not be used for methane gas storage until the membranes are replaced. V. DISCUSSION: A) Staff recommends that Council approve the purchase of goods and services from Siemens Water Technologies, and $200,000.00 be added to the year end supplemental budget. 3(f) AGENDA REPORT TO: City Council September 7, 2007 FROM: Gary Crutchfie Manager Workshop Mtg.: 9/10/07 Regular Mtg.: 9/17/07 SUBJECT: Amendment of Interlocal Agreement for Joint Planning of Regional Centers I. REFERENCE(S): 1. Page 1 of Amendment No. 1 approved by Pasco City Council on Ji.tne 4, 2007 2. Revised Amendment No. 1 to Interlocal Agreement 1I. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/10: Discussion 9/17: MOTION: I move to approve the revised Amendment No. 1 to the Interlocal Agreement for Joint Planning of Regional Centers and, further, authorize the Mayor to sign the Amendment. III. FISCAL IMPACT: No change ($10,000 maximum) IV. HISTORY AND FACTS BRIEF: A) The Regional Oversight Committee (ROC) created in 2006 to study the potential for a common regional centers plan concluded its initial work in spring 2007. The ROC recommended the three cities collectively fund additional consulting work to refine the potential funding package to be recommended by the ROC to the City Councils and Public Facilities Districts within the Tri-Cities region. B) The Pasco Public Facilities District and Pasco City Council both concurred in the recommendation of the ROC and the Pasco City Council approved Amendment No. 1 to the Interlocal Agreement on June 4, 2007. C) The Kennewick City Council expressed concern that the Public Facilities Districts be included in the additional work effort and the Richland City Council expressed concern about the requirement within the Amendment that the cities commit to placing a financing plan before the voters of the region in 2008. D) The ROC representatives have met with each of the Public Facilities Districts and each has agreed to participate in the additional consulting effort. As a result, the Richland City Council recently approved a revised Amendment to delete the requirement for a public vote in 2008 (Task B). The revised language of Section 113 does not require a public vote or a certain deadline. The Kennewick City Council is expected to act on the revised Amendment in September. V. DISCUSSION: A) The change made by the Richland City Council would not appear to be in conflict with the objective of the additional consulting work. Whatever recommendation results from the additional consulting work will be subject to further consideration by each of the City Councils and potentially each of the Public Facilities District Boards. B) Because of the delay in gaining approval of each of the City Councils, the originally intended consulting deadline of September 30 cannot now be fulfilled. That date has likewise been moved forward to February 1, allowing four months for the additional work to be completed. C) Staff recommends approval of the revised Amendment. 3(9) AMENDMENT NUMBER X TO INTERLOCAL AGREEMENT BETWEEN THE CITIES OF KENNEWICK,LPASCO, AND RICHLAND FOR JOINT PLANNING OF REGIONAL CENTERS WHEREAS, the Cities of Kennewick, Pasco, and Richland entered into an Interlocal Agreement on May 23, 2006, with respect to Joint Planning for Regional Centers; and NOW THEREFORE, this Agreement is amended to allow the City of Pasco, as contracting agent, to arrange for the consultant to expand the scope of work as described in Attachment A 1. Scope of Work Task A - Prepare a report containing a proposed Regional Center funding and organizational program together with meeting to discuss results with the Oversight Committee Task B -- Second interim report containing Aquatic Center/Performing Arts Center proposals and consultant due diligence evaluation together with ,Oversight Committee meeting to discuss results and recommend next steps leading to a 'Public Facility District funding' measure for 2008 voter consideration. 2. COSTS A - Pay one-third of the actual cost of additional consulting services secured for the preparation of the Regional Centers Plan, provided the share of each party shall not exceed ten thousand dollars. ($10,000) 3. TIME OF PERFORMANCE Task 1 A & B --- The consulting services shall be completed for the project on or before September 30, 2007. AMENDMENT NUMBER 1 TO INTERLOCAL AGREEMENT BETWEEN THE CITIES OF KENNEWICK, PASCO, AND RICHLAND FOR JOINT PLANNING OF REGIONAL CENTERS WHEREAS, the Cities of Kennewick, Pasco, and Richland entered into an Interlocal Agreement on May 23, 2006, with respect to Joint Planning for Regional Centers; and NOW THEREFORE, this Agreement is amended to allow the City of Pasco, as contracting agent, to arrange for the consultant to expand the scope of work as described in Attachment A 1. SCOPE OF WORK Task A - Prepare a report containing a proposed Regional Center funding and organizational program together with meeting to discuss results with the Oversight Committee Task B - Second interim report containing Aquatic Center and Performing Arts Center proposals and consultant due diligence evaluation together with Oversight Committee meeting to discuss results and next steps leading to the determination and selection of the best funding options for future regional facilities. 2. COSTS A_- Pay one-third of the actual cost of additional consulting services secured for the preparation of the Regional Centers Plan, provided the share of each party shall not exceed ten thousand dollars. ($10,000) 3. TIME OF PERFORMANCE Task 1 A & B --- The consulting services shall be completed for the project on or before February 1, 2008. DATED THIS DAY OF , 2007 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above. CITY OF PASCO Joyce Olson, Mayor CITY OF KENNEWICK James R. Beaver, Mayor CITY OF RICHLAND Robert A. Welch, Mayor PHASE 2 REGIONAL CENTERS SCOPE OF WORK (REVISED DRAFT - MAY 10, 2007) The focus of this Phase 2 regional centers Scope of Work is intended to facilitate the recommendation of the Oversight Committee that: In 2008, the Cities shall put forward to the voters of'thi.s region a proposal to construct and finance regional public facilities, including, but not necessarily limited to, an Aquatics Center and a Pedbrining Arts Center. A preliminary draft Scope of Work was presented and discussed by F. D. flovee & Company, LLC with the Oversight Committee at its meeting of May 2, 2007. 1'his proposal has been revised based on direction received from the Oversight Committee discussion. • • Task Schedule d get Task 1. Regional Center PFD / Sales Tax Funding & Organizational Proposal • Preparation of a recommended funding package July - August $17,500 pursuant to a Public Facility District and sales tax funding mechanism as recommended to the Cities by the (to be refined in Oversight Committee. conjunction • Preliminary contacts and follow-up meetings with local. with Task 2) jurisdiction legal and outside bond counsel together with selected area legislators and statewide organizations such as the Association of Washington Cities regarding current statutory authorization with PFD mechanisms and potential for amendments to enabling statutes with the 200$ legislative session. • Meetings with representatives of each Tri-Cities/County PFD to identify critical issues to address and potential approaches including agreement templates appropriate to assure continuity of existing funding and services. • Follow-up detailed tax and funding analysis, procedural and governance requirements associated with a proposed PFD sales tax funding proposal. • Preparation of draft proposals to amend to state enabling legislation for PFD mechanisms consistent with Oversight Committee direction in conjunction with input from legal/bond counsel and legislative advice. Deliverable: First interim report containing a proposed Regional Center funding and organizational program together with meeting to discuss results with Oversight Committee. • Work Task ch,6dule : • w Task 2. Aquatics Center& Performing Arts Center Proposals & Due Diligence • Contact and consultation with representatives of both July-September $10,000 proposed Regional Center projects to confirm interest in proceeding and mechanisms for preparing formal (with schedule project and site submittals. subject to • Oversight Committee issuance of a formal request for possible project proposals from the Aquatics Center(AC) and modification if Performing Arts Center(PAC) --at a minimum expected requested from to cover refined project/facility plans, proposed sources project and uses of capital funding, projected operating budget, proponents and and management plan together with authorization for agreed to by submittal from each proponent's board of directors. Oversight • Follow-up to clarify or seek added information from Committee} Regional Center proponents as needed to complete Task 1/2 due diligence and funding proposals related to potential tax sources pursuant to proposal and siting criteria outlined with the Phase 1 Study of Potential Regional Centers. Deliverabies: Second interim report containing AC/PAC proposals and consultant due diligence evaluation together with Oversight Committee meeting to discuss results and recommended next steps leading to a PFD funding measure for 2008 voter consideration, Proposal Notes: • Scope of Work covers near-term strategic planning for an Aquatics Center and Performing Arts Center only. Planning will also address long-term consideration of future additional regional centers as part of a preferred conimunity-driven approach to on-going regional centers development. If other facilities such as existing PFD projects are included during the process for near-term strategic planning, this Scope of Work together with project budget and schedule may be revised accordingly as is mutually agreeable between the parties. • Covered by this Scope of Work are two meetings with the Oversight Committee, one each at the conclusion of Tasks 1 and 2. Participation in additional meetings with the Oversight Committee or other entities by consultant E. D. Hovee can be provided, if requested, at an added budget cost of$1,200 per meeting including professional time and travel expenses. • Scope of Work does not include potential tasks or costs of lobbying with the 2008 or subsequent sessions of the Washington State Legislature. Also not covered are costs of a potential survey, additional public involvement activities and related services as may be directed in the fixture by the Oversight Committee and participating Cities. Any or some z . . combination of these services, if desired front the consultant, could be considered with a supplemental Scope of Work and associated project budget as may be rruttually agreeable between the parties. + Scope of Work assumes primary responsibility for project proposals is to Regional Center project proponents and not project consultants or Oversight Committee. • All deliverables produced by consultant team will be provided to the Oversight Committee or its designee in electronic (Word or pdo format, for reproduction and distribution by the Committee. • Consultant will invoice for each task upon completion pursuant including Oversight Committee acceptance of deliverables. If the schedule is extended beyond what is indicated with this Scope of Work at the direction of the Oversight Committee, progress payments may be made as is determined by agreement of the consultant and Oversight Committee. • Budget and schedule are subject to modification as may be mutually agreed between the parties. The proposed schedule assumes ability to obtain rapid response and approvals or revisions of work products from the Oversight Committee and other project participants. d 3 AGENDA REPORT TO: City Council September 6, 2007 FROM: Gary Crutch is it Manager Workshop Mtg.: 9/10/07 SUBJECT: Local Voters P mphlet I. REFERENCE(S): 1. Letter from Franklin County Auditor to City Manager dated 8/6/07 2. RCW 29A.32.220 T1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/10: Discussion Ill. FISCAL IMPACT: See below IV. HISTORY AND FACTS BRIEF: A) The Board of Franklin County Commissioners has determined that it will publish a local voters' pamphlet for local issues on the general election ballots for 2007 and 2008, apparently using federal grant funds for the cost of producing and distributing the pamphlet. After 2008, the pamphlet will become an additional cost of local elections. As the County has not published such a document in the past, it does not know at this point what the cost will amount to and, therefore, cannot advise of the expected allocation to local governments, including the City of Pasco. B) The County is not required to publish a pamphlet but, if it does so, RCW 29A.32.220 provides that, the local voters' pamphlet produced by the county must include each elected office and ballot measure for each unit of local government (city) for that election. Subsection 2 of that law provides that the City Council could petition the Board of Commissioners to waive the requirement if inclusion of the city's ballot issues would create an "undue financial hardship" for the city. Clearly, the statute contemplates the notion that the cost of the pamphlet would be allocated to those units of government whose issues are included within it. That concept is underscored in the County Auditor's letter of August 6 which notes that the cost of producing and distributing the pamphlet will be tracked in 2007 and 2008 so that the County can have some estimate of what the cost of the pamphlet will be in 2009 and for pro- ration in the manner provided under RCW 29A.04.410 (which provides that all costs of conducting an election shall be prorated to each separate unit of government included on the election ballot). Subsection 2 also includes the exception for any "code city" (such as Pasco) to be excluded from the County voter's pamphlet only if the city publishes and distributes its own voters' pamphlet for the same election. V. DISCUSSION: A) While this change would appear to have no cost to the city in 2007 and 2008, the County clearly intends to allocate the cost of the local voters' pamphlet to the city (and others, such as the school district) that have ballot measures on a general election ballot starting in 2009. In discussion with representatives of the Auditor's Office, they estimate the total cost of producing and distributing a local voters' pamphlet to be somewhere between $8,000 and $20,000. Pasco would have at least three election questions on each odd year ballot (2009 will have at least four Councilmember positions subject to election). The odd year elections generally are limited to local units of government and special districts (schools, Port, PUD, etc.); thus, the city would likely experience a cost increase in each of the odd years, but not in even-numbered years. Even-numbered years are generally limited to county, state and federal election issues. B) Staff recommends the cost of the County's voters' pamphlet be monitored over the next two years so as to determine whether or not it would be appropriate for the city to issue its own voters' pamphlet. Staff recommends no specific action at this time. 3(h) 1016 North 4th Avenue ZONA LENHART,Auditor P.O. Box 1451 Pasco, WA 99301 509-545-3840 - Fax: (509) 545-2142 Pasco, WA 99301 www.co.franklin.wa.us p���o August 6, 2007 AIcr,6���t)A k t AUG 0 7 20o? Gary Crutchfield, City Manager C/r/WA fV C3 s City of Pasco OFF/CE PO Box 293 Pasco, WA 99301 Dear Gary Crutchfield, Notice is hereby given that the Board of County Commissioners of Franklin County pursuant to the provisions of RCW 29A.32.210 have adopted Ordinance No. 6-2007 which authorizes the publication and distribution of a local voters' pamphlet for general elections. As per RCW 29A.32.220, the pamphlet shall be published for the elective offices and ballot measures of the county and for each unit of local government located entirely within the county which will appear on the ballot at that election. For election years 2007 and 2008, Franklin County has received federal grant funds to cover the costs of producing and distributing our local voters' pamphlet; there will be no charge to the districts. Costs will be tracked; however, in order to provide jurisdictions with figures for future reference. Beginning in 2009,the cost of the local voters' pamphlet shall be considered an election cost to those local jurisdictions included in the pamphlet and shall be prorated in the manner provided in RCW 29A.04.410. For further information, contact Diana Killian, Election Administrator, at 509-545-3538. Cordially, Zona G. Lenhart Franklin County Auditor Accounting Elections Recording Licensing 545-3505 545-3538 545-3536 545-3533 RCW 29A.32.220: Notice of production Local governments' decision to participate. Page 1 of 1 RCW 20A,32.220 of production --- Local };overnirtents' r:lecision to f.aar•ticipcate-. (1) Not later than ninety days before the publication and distribution of a local voters'pamphlet by a county,the county auditor shall notify each city,town, or special taxing district located wholly within that county that a pamphlet will be produced. (2) If a voters'pamphlet is published by the county for a primary or general election,the pamphlet shall be published for the elective offices and ballot measures of the county and for the elective offices and ballot measures of each unit of local government located entirely within the county which will appear on the ballot at that primary or election. However, the offices and measures of a first class or code city shall not be included in the pamphlet if the city publishes and distributes its own voters'pamphlet for the primary or election for its offices and measures.The offices and measures of any other town or city are not required to appear in the county's pamphlet if the town or city is obligated by ordinance or charter to publish and distribute a voters'pamphlet for the primary or election for its offices and measures and it does so. If the required appearance in a county's voters'pamphlet of the offices or measures of a unit of local government would create undue financial hardship for the unit of government,the legislative authority of the unit may petition the legislative authority of the county to waive this requirement.The legislative authority of the county may provide such a waiver if it does so not later than sixty days before the publication of the pamphlet and it finds that the requirement would create such hardship. (3) If a city,town, or district is located within more than one county,the respective county auditors may enter into an interlocal agreement to permit the distribution of each county's local voters' pamphlet into those parts of the city,town, or district located outside of that county. (4) If a first-class or code city authorizes the production and distribution of a local voters' pamphlet,the city clerk of that city shall notify any special taxing district located wholly within that city that a pamphlet will be produced. Notification shall be provided in the manner required or provided for in subsection (1)of this section. (5)A unit of local government located within a county and the county may enter into an interlocal agreement for the publication of a voters'pamphlet for offices or measures not required by subsection (2)of this section to appear in a county's pamphlet. [2003 c 111 §814; 1994 c 191 §1; 1984 c 106§4.Formerly RCW 29.81A.020.] http://apl)s.leg.wa.gov/RCW/def,tult.aspx?cite=29A.32.220 8/17/2007