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HomeMy WebLinkAbout2008.07.28 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. July 28,2008 1. CALL TO ORDER 2. ROLL CALL: 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) 2008 Community Development Block Grant Program, Allocations and Annual Work Plan Amendment: 1. Agenda Report from Angie Pitman,Block Grant Administrator dated July 17, 2008. 2. 2008 CDBG Fund Summary and Proposal Summary. 3. Planning Commission Minutes July 1.7, 2008. 4. Resolution Amending 2008 Allocations and Annual Work Plan. (b) 2009 Community Development Block Grant Program, Allocations and Annual Work Plan: 1. Agenda Report from Angie Pitman, Block Grant Administrator dated July 17, 2008. 2. 2009 CDBG Fund Summary and Proposal Summary. 3. Planning Commission Minutes dated June 19, 2008 and July 17, 2008. 4. Resolution Approving 2009 Allocations and Annual Work Plan. (c) Noise Violations: 1. Agenda Report from Gary Crutchfield,City Manager dated July 24, 2008. 2. Draft Ordinance Authorizing Impound of Vehicles. 3. PMC Section 9.61.020"Public Disturbance Noise Prohibited." (d) Code Enforcement Civil Violation Penalties: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated July 24, 2008. 2. Proposed Ordinance Amending PMC Chapter 11.02, "Civil Infractions" 3. Proposed Ordinance Amending PMC Chapter 3.07 "Fee Summary" (e) Dispatch Services Contract: 1. Agenda Report from Gary Crutchfield, City Manager dated July 24, 2008. 2. Dispatch Contract Proposed by County. 3. Alternative Section 5 (Proposed by City). 4. Dispatch Cost Comparisons 2004-2008. (f) Car Allowance Adjustment: 1. Agenda Report from Gary Crutchfield, City Manager dated July 22, 2008, 2. Unleaded Fuel Prices--Washington, 1/05-7/08, 3. IRS Mileage Reimbursement Rate,2/05-7/08. 4. Car Allowance Positions/Amounts. (g) Disposal of Surplus Property: 1. Agenda Report from Debbie Clark, City Clerk dated July 18, 2008. 2. Memorandum from David Renzelman, Crime Specialist/Evidence Technician. 3. Proposed Resolution. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT. REMINDERS: 1. 4:00 p.m., Monday, July 28, Port of Benton - Hanford Area Economic Investment Fund Committee Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; AL YENNEY, Alt.) AGENDA REPORT NO. 32 FOR: City Council DATE: July 17,2008 WORKSHOP: 7/28/08 TO: Gary Crutchfi i Manager Rick White, Di e r Izic/ Community& conomic Development FROM: Angie Pitman, Block Grant Administratorp Community& Economic Development SUBJECT: 2008 Community Development Block Grant Program Allocations and Annual Work Plan Amendment I. REFERENCE(S): A. 2008 CDBG Fund Summary and Proposal Summary B. Planning Commission Minutes July 17, 2008 C. Resolution Amending 2008 Allocations and Annual Work Plan H. ACTION RE UESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/28/08: DISCUSSION III. FISCAL IMPACT At the September 17, 2007 regular meeting of the Pasco City Council, Resolution 3042 was passed approving the 2008 Community Development Block Grant Allocations and Annual Work Plan for activities totaling $755,646. Changing community needs created the need for revision to the 2008 Annual Work Plan for a net increase in the annual budget of$40,000. The revised total is$795,646. IV. HISTORY AND FACTS BRIEF: A. On April 1, 2008 Pasco's Consolidated Plan Action Plan was approved for Program Year 2008. Since the adoption of the 2008 Annual Action Plan, community needs have changed creating the need for three additional projects. A summary of requests for 2008 CDBG funds is attached in Exhibit A B. Three previously approved activities were reduced by $87,500 and the funds reprogrammed to the three new projects and $40,000 reallocated from prior year activities recently closed out. This constitutes a significant change to the Annual Action Plan and requires a 2008 Annual Action Plan revision be submitted in accordance with HUD guidelines. V. DISCUSSION A. Staff presented recommendations for funding at the Pasco Planning Commission Meeting of July 17,2008; minutes are attached as Exhibit B. B. The Planning Commission recommends approval of staff funding recommendations as presented in the proposed resolution amending 2008 Allocations and Annual Work Plan attached as Exhibit C. 4(a) Attachment 1 2008 CDBG Fund Summary - July 28, 2008 Exhibit A Planning Commission Meeting Reallocate-Carryover Attachment 1 Page 1 ACTIVITY ACTIVITY 1 AGENCY PY HUD FUNDING CARRY OVER REALLOCATE Reallocate NAME ID 2009 2008 City of Pasco-Public Works East Lewis Sidewalks 2004 202 50 000.00 $50,000.00 East Pasco Underground City of Pasco-Public Works Powerlines 2004 213 $ 52 000.00 $52,000-00 City of Pasco-Community& Downtown Fagade Economic Development !m rovement 0 facade) 2005 217 $ 2,939.34 $ _2,939.34 Pasco Economic Development Economic Development 2005 219 100 000.00 $100,000.00 City of Pasco-Administrative &Community Services Volunteer Park Upgrade 2006 229 20 311.95 $ 18 294.69 2 017.26 City of Pasco-Community& Downtown Fagade Economic Development Improvement 2 fa ades 2006 231 $ 40 000.00 $40,000.00 City of Pasco-Community& Economic Development Program Administration 2007 233 30 693.14 $ 5,693.14 $ 25 000.00 City of Pasco-Administrative &Community Services Public Services 2007 234 $ 2,916. $2,916.67 City of Pasco-Administrative &Community_Services Public Services 2007 235 $ 2,916.67 $2,916.67 City of Pasco-Administrative &Community Services Public Services 12007 239 $ 2,604.17 $2,604.17 City of Pasco-Community& Downtown Facade Economic Development improvement 24 fa des 2007 238 $ 40,000.00 $40,000.00 Catholic Family Volunteer Catholic Family Volunteer Chore Services Chore Services 2007 239 $ 19 178.33 $ 4,178.33 15 000.00 Boys&Girls Center Roof FC1jty0of s&Girls Club Replacement 2007 242 24 174.52 $ 24 174.52 Pasco-Administrative Martin Luther King mmunit Services Renovation 2007 243 37 445.80 - $ 25000 00 $ 12,445-80 City of Pasco-Public Works Handicap Rams 19nn7 244 I $ 536.94 $536.94 $536.94 425 T17.53 120 079.95 $266 174.52 $40 000.00 FY 2009 Entitlement(Estimated) $ 600,000 2009 Program Income(Estimated) $ 10,000 Reallocations $ 266,'175 Total Funds Available $ 876,175 $ 40,000 7/23/2008 Attachment 2 Page 1 CITY OF PASCO 2008 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT 1 - PROPOSAL SUMMARY 1. Program Administration ($105,000) CDBG funds are used to plan, administer and deliver housing and community needs, ensure compliance with local, state and federal rules, regulations and laws, and provide for the successful delivery of programs that primarily benefit low to moderate income people. 2. Civic Center-Youth Recreation Specialist (S33,000) CDBG funds are used to provide for a recreation specialist at the Youth Civic Center. This facility's program is to provide recreation programs for youth at risk covering several low-to-moderate income Census Tract (202). 3. Martin Luther King Community Center Recreation Specialist($33,000) This facility's program is coordinated with the YMCA, Salvation Army and Campfire USA, who all collaborate to provide education and physical activities to school age children Census Tract (201). 4. Senior Citizen's Center Recreation Specialist ($20,000) CDBG funds are used to provide for a recreation specialist at the Senior Center. This facility's program is to provide services, recreational, and social activities for the elderly and disabled Census Tract (201, 202, 203 & 204). 5. Pasco Downtown Development Commercial Kitchen ($50,000) CDBG funds are used to continue operations of Commercial Incubator Kitchen which will support small businesses, the Farmers Market and provide jobs for low to moderate income persons in Pasco (Census Tract 202). 6. Downtown Facade Improvement (1 facades) ($84,939) CDBG funds are used to support business to continue downtown facade improvements (3) (Census Tract 202). 7. Catholic Family Volunteer Chore Services (4) ($8,179) CDBG funds are used to provide minor household repairs and wheelchair ramps for low to moderate income households (City-wide). 1 Attachment 2 Page 2 CITY OF PASCO 2008 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT 1 - PROPOSAL SUMMARY 8. Energy Efficient Home Program (10 households) ($20,000) Provide 10 low-income households with improvements to their property at an affordable cost, including health/safety codes and energy effiency standards improvements (City-wide). 9. Code Enforcement Officer ($48,000) CDBG funds are used to provide for a code enforcement officer to help improve neighborhood appearance and for compliance with rules and regulations dealing with homeowner needs in primarily low to moderate income neighborhoods (Census Tracts 201, 202, 203 and 204). 10. Tri-County Habitat for Humanity (Not funded) 11. Boys & Girls Club - Mainbranch Gamesroom Renovation ($140,000) Interior renovation project of main branch facility games room. Eliminate 1,000 square feet of hallway space in which youth are currently unsupervised. Increased games room size will allow for increased recreational and educational program opportunites (Census Tract 204). 12. Martin Luther King Community Center- Drainage Improvements ($50,000) Storm water flooding damages facility and renders part unusable at times. Installation of storm water drainage system around building will protect facility to avoid interruption of services provided to low-moderate income persons (Census Tract 201). 13. Peanuts Park Restroom Upgrade 643,156) Replace restroom facility in Peanuts park with code compliant and ADA acessible facility (Census Tract 201 and 202). 14. Volunteer Park- Restroom Accessibility Upsmades ($120,000) Extend pathway for enhanced accessibility, construct picnic pavilions resurface deteriorating parking lot (Census Tract 202). 2 Attachment 2 Page 3 CITY OF PASCO 2008 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT 1 - PROPOSAL SUMMARY 15. CHIP Minor Rehab Program (4 households) ($37,500) Provide 4 low-income households with improvements to their property at an affordable cost, including health/safety codes and energy effiency standards improvements (Census Tract 202). 16. LID Assistance($50,000) Provide funding to pay special assessment for UL1D #143 for low-income households. 17. East Lewis Sidewalks Planning($40,000) Provide funding for planning and design for east Lewis Sidewalks project (Kurtzman Park)— Phase I in 2009-2010. 3 Exhibit B REGULAR MEETING JULY 1 7, 2008 PLANNING COMMISSION MEETING WORKSHOP: A. CDBG 2008 Community Development Block Grant (CDBG) Annual Action Plan Amendment (City- Wide) (MF# CDBG 08-003) Chairman Samuel asked staff for a report. Angie Pitman, Community Development Block Grant Administrator, explained that the 2008 Annual Action Plan was approved last year and since then community needs have changed creating the need for a revision. Three new projects were created by reallocating funding from three 2008 activities and from surplus funds not used for 2009 Annual Action Plan Activities. Chairman Samuel asked if any applicants who had not received funding as requested in the 2008 Annual Action Plan cycle had been contacted for these additional monies. Angie Pitman explained that whenever a significant change is made to the Annual Action Plan, the requirement per the Consolidated Plan was to bring the proposed change before the Planning Commission, and obtain City Council approval. The proposed change is then made available for public comment for 30 days prior to submission to HUD for approval. The recipient is granted some flexibility in administering CDBG funds. Citizen Participation requirements were met during formation of the plan. Commissioner Kempf moved that the proposed Resolution and Exibit A, amending the 2008 Annual Action Plan be recommended to City Council for Action. Commissioner Hay seconded, motion carried unanimously. - 1 - Exhibit C RESOLUTION NO. A RESOLUTION amending the Program Year 2008 Community Development Block Grant Allocations and Annual Work Plan. WHEREAS, The City annually receives an entitlement of funds from HUD and budgets those funds according to program rules and community needs; and WHEREAS, staff has previously prepared the Program Year 2008 Annual Action Plan for activities totaling $755,656 based on an estimated grant award; and WHEREAS, since the adoption of the 2008 Annual Action Plan community needs have changed creating the need for a revision; and WHEREAS, the City Council has reviewed the proposed revision as shown in Exhibit "A" attached hereto;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby amends the Community Development Block Grant Annual Work Plan for the 2008 program year is hereby revised as indicated in the Exhibit"A" attached hereto: PASSED by the City Council of the City of Pasco this day of , 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney o 0 0 a a a a o 0 0 0 ^ ^ o 0 0 0 o 0 0 o 0 0 0 0 0 0 0 0 o a o 0 0 sus 69 69 6.4 6A r6q 469 60:1 6A 60q 6A O O O O o o 0 0 0 z M O tf) o<r ° coq 6� 6s 69 b4 6r9 r= 0 0 0 0 0 0 o a a o a a a �o a o 0 0 0 0 0 0 0 0 0 0 0 0 O a Ln O a 0 a O O �..� o0 0000000 o a m r i a o rl 0 00 0 o ri o o o tn a� O M M N to N "t I!t kn �t N M to �t % o cC O � H 6A 69 Q a> Q > O boo aaaaaaaooa �oo o _' ,; � •" O O O O O O O O O O O N O a pQ ° o Q O cri cYi t- o N O 00 o O m O v O M M N Ln N N 00 �O `O w yLIS Ln C p 0 cCd r" 64 � � p •� o "3 y �a� ❑ p 0. O Q r'i N 69 0 m O i. .tom > `O O p w 2 V)O N O O y CCi,C,,C 2 V) O O 0. a> , ^ M �o 0 00 00 � 69 0 4 OJ J4 ii U '� cd a� F. O cr3 to Q. O 4t 'a o °o o° 0 R 5 tz aj U U a rx >' U L. �° pi. n w I) 03 U (] C 7 rte] p C7 Urn v� aAU WUE� � ci >p o cd cn w uJ. w ucd. V) lQ [,� � O O AGENDA REPORT NO. 31 FOR: City Council DATE: July 17, 2008 WORKSHOP: 7/28/08 TO: Gary Crutchfi anager Rick White,Dir c r 12vv Community& conomic Development Department (AP FROM: Angie Pitman, Block Grant Administrator Community& Economic Development SUBJECT: 2009 Community Development Block Grant Program Allocations and Annual Work Plan I. REFERENCE(S): A. 2009 CDBG Fund Summary and Proposal Summary B. Planning Commission Minutes June 19, 2008 and July 17, 2008 C. Resolution Approving 2009 Allocations and Annual Work Plan IL ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/28/08: DISCUSSION III. FISCAL IMPACT It is estimated that a total of $876,175 will be available for use in meeting the goals of the Community Development Block Grant (CDBG) 2009 Annual Work Plan. This estimated combined total is from the following sources; an estimated entitlement grant of approximately $600,000 from the U.S. Department of Housing and Urban Development, program income estimated at $10,000, and reallocations totaling $266,175. Surplus funds totaling $25,000 are recommended to be reallocated for amended 2008 Annual Action activities. 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. A Request for Proposals for 2009 CDBG Program Year Funds was published in the Tri- City Herald and La Voz Hispanic newspapers. Thirteen (13) proposals for projects were received totaling $921,684. Approximately $851,175 is for funding 2009 activities. A summary of requests for CDBG funds is attached in Exhibit A. B. All proposed activities are eligible for funding 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 l 5%of the total entitlement plus prior year program income. C. The Planning Commission held a Public Hearing on June 19, 2008 and July 17, 2008. The public hearing, which was advertised in the Tri-City Herald and La Voz Hispanic Newspapers in English and Spanish, solicited public comment either for or against any application for funding, or reallocation for the City of Pasco 2009 Community Development Block Grant (CDBG) Program. At the public hearing twelve (12) presentations were made relating to proposed activities. Meeting minutes are attached in Exhibit B. V. DISCUSSION A. Staff presented recommendations for funding at the June 19, 2008 and July 17, 2008 Pasco Planning Commission meetings. The Planning Commission recommends approval of staff funding recommendations as presented in the proposed Resolution Approving 2009 Allocations and Annual Work Plan attached as Exhibit C. 4(b) Attachment 1 2009 CDBG Fund Summary -July 28, 2008 Exhibit A Planning Commission Meeting Proposals-Recommendations Attachment 1 Page 1 ACTIVITY l AGENCY CDBG NonCDBG FUNDS STAFF PLANNING ID Recipients NAME REQUEST Contribution RECOMMEND COMMISSION RECOMMEND City of Pasco-Community 1 &Economic Development Program Administration $110,000.()o $0.00 $110,000.00 $110,000.00 City of Pasco- Administrative& Civic Center-Youth 2 Community Services Recreation Specialist $37,500,00 $43,500,00 $30,000.00 _$30,000.00 City of Pasco- I Martin Luther King Administrative& Community Center 3 Community Services Recreation Specialist $37,500.00 $96,500.00 $30,000.00 $30,000.00 City of Pasco- Administrative& Senior Citizen's Center 4 Community Services Recreation S ecialist $37,500.00 $200,000.00 $20,000.00 $20,000-00 Pasco Downtown Pasco Downtown Development Association- Development Commercial 5 SK Kitchen $65,000.00 $34,000.00 $65,000.00 $65 000.00 City of Pasco-Community Downtown Fagade 6 &Economic Development_ Improvement 4 facades) $80,000.00 $20,0W00 $80,000.00 $80,000.00 Catholic Family&Child Catholic Family Volunteer 7 Services-Pasco Chore Services 4 $4,000.00 $117,614-00 $4000.00_ $4,000-00 Benton Franklin CAC- Energy Efficient Home 8 Home Energy Pro ram 10 households $20,000.0() $20,000,()o $20,000.00 $20.000.00 Habitat for Humanity Tierra Tri-County Partners, Vida Project Support(12 9 Habitat for Humanity Homes) $32184.00 $1 152 D00.00 $0.00 $0.00 Boys&Guts Club of Program Space Benton&Franklin Expansion,Safety 10 Counties Enhancement I $50,000-00 $5,000.00 $50,000,00 ___$50,000.00 City of Pasco- Martin Luther King Administrative& Community Center-South 11 Communitv Services End Gym Remodel $100 000.00 $0.00 $100 000.00 $100,000,00 City of Pasco-Inspection 12 Services Code Enforcement Officer W.000.00 $17,025-00 $48,000.00 $48,0()0,00 City of Pasco-Public 13 Works Sidewalks-East Pasco 1300,00000 _ $1,500,000.00 $294,175.00 $294,175.00 921 684.00 __$3,205,639.00 851 175.00 851 175.00 FY 2009 Entitlement(Estimated) $ 600,000 2009 Program Income(Estimated) $ 10,000 Reallocations $ 266,175 Total Funds Available $$ 8`76175 Proposals Recommended $ 851,175 SURPLUS/DEFICIT $ 25,000 7/23/2008 Attachment 1 2009 CDBG Fund Summary - July 28, 2008 Attachment 1 Planning Commission Meeting Page 2 Reallocate-Carryover ACTIVITY ACTIVITY/AGENCY PY HUD FUNDING CARRY OVER REALLOCATE NAME 2009 .City of Pasco-Public Works 1 East Lewis Sidewalks 2004 202 $ 50,000-00 $50.000.00 East Pasco Underground Ci# of Pasco-Public Works Powerlines 2004 213 52 000.00 $52.000.00 City of Pasco-Community& Downtown Facade Economic Development im rovement 1 fa de 2005 217 $ 2,939.34 $ 2,939.34 Pasco Economic Development Economic Development 2005 219 Is 100 000.00 $10000000 City of Pasco-Administrative &Community Services Volunteer Park Upgrade 2006 229 $ 20 311.95 $20,311.95 City of Pasco-Community& Downtown Fa;ade Economic Development Improvement 2 facades) 2006 231 $ 40 000.00 $40,000-00 City of Pasco-Community& Economic Development Program Administration 2007 233 $ 30 693.14 $30,69114 City of Pasco-Administrative &Community Services Public Services 2007 234 $ 2,916.67 $2,916.67 City of Pasco-Administrative &Community Services Public Services 2007 235 $ 2,916,67 $2,916-67 City of Pasco-Administrative &Comm unit Services Public Services 2007 239 $ 2604.17 $260417 City of Pasco-Community& Downtown Fagade Economic Develo ment Im rovement 2-4 fa ades 2007 238 $ 40 000.00 $40,000.00 Catholic Family Volunteer Catholic Family Volunteer Chore Services Chore Services T2007239 $ 1917833 $ 4,178-33 1 15 000.00 Boys&Girls Center Roof Boys & Girls Club Re lacement 2007 242 $ 24,174-52 $ 24 174.52 City of Pasco-Administrative Martin Luther King &Communi Services Renovation 2007 243 37 445.80 $ 12,4 5.80 $ 25 000.00 City of Pasco-Public Works Handicap Rams 2007 1244 1 S 536.94 $536.94 $ 425 717.53 $159 543.01 $266,174.52 FY 2009 Entitlement{Estimated} $ 600,000 2009 Program Income(Estimated) $ 10,000 Reallocations $ Total Funds Available 266,175 ^- $ 876,175 7123/2008 Attachment 1 2009 CDBG Fund Summary - July 28, 2008 Attachment 1 Planning Commission Meeting Page 3 Public Service Cap ACTIVITY/AGENCY CDBG NonCDBG ID ACTIVITY FUNDS CARRY OVER STAFF NAME REQUEST RECOMMEND Contribution City of Pasco- Administrative& Civic Center-Youth 2 Community Services Recreation Specialist $37,500.00 $42,500.00 $3,125.00 City f Pasco- $30,000.00 Y Martin Luther King Administrative& Community Center 3 Community Services Recreation Specialist $37,500.00 $89,200.00 $3,125.00 City of Pasco- $30,000.00 Administrative& Senior Citizen's Center 4 Community Services Recreation Specialist $37,500.00 $191,250.00 $2,416.66 $20,000.00 112 500.00 $322 950.00 $8,666.66 80 000.00 FY 2009 Entitlement (Estimated) $ 600,000 2008 Program Income(Actual) $ 12,914 Total Funds Subject to Public Services Cap $ 612,914 Public Services Cap 15% $ 91,937 Public Services Recommended 14% $ 88,667 7/23/2008 Attachment 2 CITY OF PASCO 2009 COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSAL SUMMARY—JULY 17, 2008 1. Program Administration ($110,000) CDBG funds are requested to plan, administer and deliver housing and community needs, ensure compliance with local, state and federal rules, regulations and laws, and provide for the successful delivery of programs that primarily benefit low to moderate income people. 2. Civic Center -Youth Recreation Specialist ($30,000) CDBG funds are requested to provide a portion of the salary and benefits for recreation specialist at the Youth Civic Center. This facility's program is to provide recreation programs for youth at risk covering low-to-moderate income Census Tract(202). 3. Martin Luther King Community Center Recreation Specialist 30 000 CDBG funds are requested to provide a portion of the salary and benefits for recreation specialist at the Martin Luther King. This facility's program is coordinated with the YMCA, Salvation Army and Campfire USA, who all collaborate to provide education and physical activities to school age children and youth in Census Tract(201). 4. Senior Citizen's Center Recreation Specialist ($20,000) CDBG funds are requested to provide a portion of the salary and benefits for recreation specialist to oversee and operate program at Pasco's senior center. This facility's program provides supervision and leadership necessary for programs serving the elderly with support services, nutrition, health and living skills support. 5. Pasco Downtown Development Commercial Kitchen ($65,000) CDBG funds are requested to continue operations of the Pasco Specialty Kitchen, a certified commercial incubator kitchen. By providing technical support to small food- related businesses the Pasco Specialty Kitchen improves their success rate by helping them to establish and achieve their goals. In consideration for technical assistance, the startup businesses agree to make jobs created available to low-to-moderate income persons in Pasco (Census Tract 202). 6. Downtown Facade Improvement (4 facades) ($801000) CDBG funds are requested to support business to continue downtown facade improvements, for four new projects are anticipated for 2009 (Census Tract 202). 7. Catholic Family Volunteer Chore Services (1) ($4,000) CDBG funds are requested to provide minor household repairs and wheelchair ramps for very low to low income households. This population includes elderly and disabled. This year a roof repair program will be added to Volunteer Chore Services activities (City- wide). 1 7/23/2008 Attachment 2 CITY OF PASCO 2009 COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSAL SUMMARY—JULY 17, 2008 8. Energy Efficient Home Program 10 households ($20,000) CDBG funds are requested to provide 10 low-income households with improvements to their property at an affordable cost, including health/safety codes and energy effiency standards improvements (City-wide). 10. Boys & Girls Club - Pro ram Space Ex ansion Safety Enhancement ($50,'00 CDBG funds are requested to renovate the stage and lighting in the gym to replace 50- year old equipment with modern lighting providng a brigther, safer, more energy efficient lighting for increased programing to meet the needs of 5-year olds. 11. Martin Luther King Community Center - South End Gym Remodel ($100,000) CDBG funds are requested to renovate 1,700 sq ft of unusable space in the gym wing at the Martin Luther King Center. Renovation will reclaimed space to allow for expanded programs for low-to-moderate income children and youth. The remodel will convert five small rooms to three more functional rooms, providing programmable space for supervised recreation for low-moderate income persons who have been underserved because of restricted facilities. The expanded program will utilize the YMCA character development mode and allow for computer lab/homework center and multipurpose classroom, and benefit both youth and their families. 12. Code Enforcement Officer ($48,0 CDBG funds are requested to provide for a code enforcement officer to help improve neighborhood appearance and for compliance with rules and regulations dealing with homeowner needs in primarily low to moderate income neighborhoods (Census Tracts 201, 202, 203 and 204). 13. Kurtzman Park Neighborhood Sidewalks—Phase I ($294,175) CDBG funds are requested to provide sidewalks in the Kurtzman Park neighborhood area to create a safe route to school for neighborhood children (Census Tract 201). 2 7/23/2008 Exhibit B REGULAR MEETING JUNE 18, 2008 PLANNING COMMISSION MEETING NEW BUSINESS: A. CDBG 2009 Community Development Block Grant (CDBG) Program Allocations and Annual Work Plan (Project Presentations) (MF# CDBG 08-002) Chairman Samuel made some introductory comments and asked staff for a report. Angie Pitman, Community Development Block Grant Administrator provided a brief overview of the CDBG program and explained the city would be receiving about $600,000 in CDBG funds for 2009. In addition there would be approximately $10,000 in program income and $217,000 available from reallocation of prior year activities. For 2009 the City will have an estimated total of$827,000 for project activities. Angie Pitman explained 13 project proposals had been received requesting a total of$921,000. Chairman Samuel opened the hearing and explained that each applicant would be permitted to make a brief presentation to explain their proposed project. City of Pasco - Community & Economic Development (Program Administration) Dave McDonald, City Planner - ($110,000 requested) stated the application was for Program Administration to offset costs of administration of the 2009 CDBG Program. The funds were necessary to cover program costs incurred by the city including program oversight, salaries and benefits of the Block Grant Administrator and Secretary lI position as well as other related costs. City of Pasco - Administrative & Community Services Civic Center - Youth Recreation Specialist) Paul Whitemarsh, Recreation Services Manager - ($37,500 requestedk stated the application was for the continuation of recreation programs provided at the Civic Center in City Hall. The program focuses on low-moderate income at-risk youth and offers an after-school program which runs Monday-Friday after school into the evening and in the summer hours are all day from Monday-Friday. Chairman Samuel questioned the increase of $4,500 in this year's request. - 1 - Paul Whitemarsh responded the increase was due to inflation, as well as maintaining the current programs available. Commissioner Schouviller questioned the types of programs available. Paul Whitemarsh mentioned the drop-in programs and scheduled activities. After-school programs include rock-climbing, basketball, volleyball, and floor hockey. Table games are also available. Homework is encouraged and assistance is available from the gym supervisor. Scheduled activities include youth and adult basketball camps and clinics, leagues, as well as the ability for team practices to be held in the facility. City of Pasco - Administrative & Community Services (Martin Luther King Community Center - Recreation Specialist) Paul Whitemarsh, Recreation Services Manager - ($37,500 requested) explained the funds were requested to operate programs for youth similar to the programs in the civic center. The YMCA has been operating the programs for the city with United Way dollars. The United Way funding has been cut from this program. Chairman Samuel questioned where the non-CDBG funds come from. Mr. Whitemarsh stated the matching funds will be provided by the City, and not United Way. City of Pasco - Administrative & Community Services (Senior Citizen's Center - Staff for Senior Center) Paul Whitemarsh, Recreation Services Manager x$37,500 requested) stated this program involves a range of activities at the senior center including recreational activities, social services, health screening, a foot care program and an income tax assistance program. The salary of the Recreation Specialist and Secretary is supplemented with this request. They are responsible for coordinating services for this center. Commissioner Rose asked about the use of vans for event transportation. Paul Whitemarsh stated buses are chartered for out-of-town activities. Pasco Downtown Development Association PDDA (Pasco Specialty Kitchen) Victoria Silvernail, Manager - ($65,000 requested) explained the kitchen provides services to 31 individuals. Six individuals have been able to move out to their own store fronts. Other partners include the PDDA and the Pasco School District which operates the Commercial Food Academy giving low income students training in food sciences, product creation and marketing etc. - 2 - Pasco Downtown Development Association {Downtown Facade Improvement Gloria Garcia, Vice President, PDDA - ($80,000 requested) explained the various programs of the PDDA and stated the fagade program provides funding to businesses to make physical improvements to buildings to improve the look of the downtown area. The program provides 75% up to a maximum of $20,000 and the applicants contribute 25% or the remaining portion of the project costs. Commissioner Little questioned the average cost of a facade. Gloria Garcia stated $20,000 was the average. Catholic Family & Child Services CFCS (Catholic Family Volunteer Chore Service Shari Hallman, 2110 W. Henry St, Pasco, WA - ($4,000 requested) stated her program has been functioning in the state for 28 years. They provided assistance to low income individuals, elderly and others with disabilities by constructing handicap ramps, rails and other minor home repairs. The funding is for materials only. All work is performed by volunteers. Commissioner Schouviller asked if there were any other funding sources. Ms. Hallman stated they received $10,000 from United Way this year, donations from individuals and some funding from the state for ramps and roofing. Benton Franklin Community Action Committee (BFCAC) - Energy Efficient Healthy House Program David Odom, Weatherization Department Director, BFCAC - ($20,000 requested) Stated the CAC provides weatherization services for low-income families as well as work on furnaces, water heaters and other conservation measures. The funding is requested to continue with these activities. Commissioner Rose asked who is eligible for this program. David Odom stated they get referrals from the Energy Assistance Program which is for low income and elderly people. Tri-County Partners Habitat for Humanity (aka) Habitat for Humanity Tri- Cities Habitat for Humanity's Tierra Vida Project Su ort Angie Pitman stated the applicant has withdrawn their application. - 3 - Boys & Girls Clubs of Benton & Franklin Counties (Program Space Expansion and Safety Enhancement) Ron McHenry, Vice-President of Finance - 50,000 requested) stated this program was for renovation and safety improvements to the stage area of the Boys and Girls Club. These improvements are needed to continue with services to the low and moderate income kids who use the facility. City of Pasco - Administrative and Community Services/YMCA (Martin Luther King Center Gym Remodell Paul Whitemarsh, Recreation Services Manager - ($100,000 requested) explained the request was for partial renovation of the gym wing into usable space. The project was continued from last year. The renovation will create a more functional area in which to provide services to the neighborhood. City of Pasco - Community & Economic Development Inspection Services Department (Provide Inspection Services in Low-and Moderate-Income areas of Pasco) Dave McDonald, City Planner - ($48,000 requested) explained the request provides partial funding of a code enforcement officer. This program has been in place for 20 years. The area of focus for this officer is in census tracts 201 through 204 which are identified as low-and moderate-income areas of Pasco. City of Pasco - Public Works (Curb, Gutter, Sidewalk and Roadway Improvements) Dave McDonald, City Planner - ($300,000 requested) stated the project include the construction of curb, gutter, sidewalk and roadway improvements. The area of focus for the improvements is the neighborhood located south of Lewis Street, North of "A" Street between Wehe and Cedar. The Virgie Robinson Elementary School is in this neighborhood and low income students and families would experience safety benefit from the sidewalks and other improvements. - 4 - REGULAR MEETING JULY 17, 2008 PLANNING COMMISSION MEETING NEW BUSINESS: A. CDBG 2009 Community Development Block Grant (CDBG) Program Allocations and Annual Work Plan (Project Presentations) (MF# CDBG 08-002) Chairman Samuel made some introductory comments and asked staff for a report. Dave McDonald, City Planner, explained this item was before the Planning Commission last month and that Federal Regulations require two public hearings. Applicants had been notified of the meeting and invited to attend, none were present at tonight's meeting. Angie Pitman, Community Development Block Grant Administrator provided a brief overview of the CDBG program and explained the city would be receiving about $600,000 in CDBG funds for 2009. In addition there would be approximately $10,000 in program income and $226,175 available from reallocation of prior year activities. For 2009 the City will have an estimated total of $876,175 for project activities. Thirteen (13) proposals were received totaling $921,000. Twelve projects were presented at the last meeting, one application was withdrawn. Staff recommendations for funding 12 projects totaling $851,176 is provided in the staff report. Remaining funds were would be reprogrammed for 2008 activities in a amendment to the 2008 Annual Action Plan to be discussed later in the meeting. Chairman Samuel opened the hearing for public comment, after three calls, the public hearing was closed and the Planning Commission commenced discussion. Commissioner Hay moved the Planning Commission recommend the City Council approve the use of funds for the 2009 Community Development Block Grant Program Year as set forth in the "2009 CDBG Fund Summary." Commissioner Kempf seconded, motion carried unanimously. - 1 - Exhibit C RESOLUTION NO. A RESOLUTION approving the Program Year 2009 Community Development Block Grant Allocations and Annual Work Plan. WHEREAS, staff has prepared the Program Year 2009 Annual Work Plan for activities totaling$851,175; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby approves the Annual Work Plan as follows: Loc ID Activity Funding 1. Program Administration $110,000.00 2. Civic Center-Youth Recreation Specialist $30,000.00 3. Martin Luther King Community Center Recreation Specialist $30,000.00 4. Senior Citizen's Center Recreation Specialist $20,000.00 5. Pasco Downtown Development Commercial Kitchen $65,000.00 6. Downtown Fagade Improvement(4 facades) $80,000.00 7. Catholic Family Volunteer Chore Services (4) $4,000.00 8. Energy Efficient Home Program(10 households) $20,000.00 9. Tri-County Partners Habitat for Humanity(12 households) 0.00 Boys & Girls Club - Program Space Expansion, Safety 10. Enhancement 550,000.00 Martin Luther King Community Center- South End Gym 11. Remodel $100,000.00 12. Code Enforcement Officer $48,000.00 13. Sidewalks - East Pasco $294,175.00 TOTAL $851,175.00 PASSED by the City Council of the City of Pasco this day of , 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT TO: City Council July 24, 2008 FROM: Gary Crutchfi anager Workshop Mtg.: 7/28/08 SUBJECT: Noise Violati ns I. REFERENCE(S): 1. Draft Ordinance Authorizing Impound of Vehicles 2. PMC Section 9.61.020 "Public Disturbance Noise Prohibited" II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/28: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The City Council recently discussed the possibility of amending the noise ordinance to permit impound of vehicles associated with loud noise violations (boom-box, etc.). The impound concept has been used in Illinois for noise violations but the City Attorney could not find another city in Washington that has used the impound authority in relation to noise violations. Council requested staff provide information as to how the current fine system is used by the court before deciding whether or not to further consider the impound option. B) Over the past three years, the Police Department has issued 672 citations for noise violations (most involve vehicles). In 2007, a total of 228 citations were handled by Municipal court; of those, three were dismissed. The remaining 225 cases resulted in 152 "full fine" decisions ($250) while 54 cases received partial fine of $50 (the remaining 19 were somewhere in between). This year through June, 76 of the 110 citations have been adjudicated; 54 received the "full fine" of$250 and 17 received the "partial fine" of$50 (five others in between). In summary, about 70 percent of citations result in the maximum fine of$250. V. DISCUSSION: A) It is apparent that despite the court's use of the maximum penalty, the noise violations continue to occur at a substantial level. Certainly, resident complaints continue. Council has a few choices: • Amend the Ordinance to require the $250 fine in every instance (or increase the fine, also); • Direct the Police Department to undertake an "emphasis campaign" for vehicle noise violations (similar to the"Click-It-Or-Ticket-It" campaign); • Amend the Ordinance to add the impound authority; Do nothing. B) The City Attorney has prepared a draft ordinance for the impound option, for Council discussion. 4(c) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Creating Section 9.61.061 "Vehicle Seizure and Impoundment" Providing for the Impoundment of Vehicles for Noise Violations; and Amending Section 10.18.010 "Authority to Impound Vehicles" WHEREAS, the City has had a long standing prohibition against the broadcast of loud music from vehicles within the City which has created a nuisance to other users of the public right-of-ways and adjacent owners; and WHEREAS,the traditional remedies have proven not to be sufficiently effective to deter this continuing violation; and WHEREAS, the City is authorized pursuant to RCW 46.55.240 to impound vehicles that constitute, contribute to, or cause a nuisance within the City; and WHEREAS, the City Council finds that the sound.emanating from motor vehicle audio systems audible more than 75 feet=.frpm:_the vehicle'itself constitutes a nuisance and that the abatement of such nuisance may be aecoinpli�shed by the impound of the motor vehicle, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY Of—PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new. Section 9.61.061 entitled "Additional Remedies - - Vehicle Impound" of the.Pasco Municipal Code; shall be and.hereby is enacted and shall read as follow: 9.61.061 ADDITIONAL, REMEDIES - - VEHICLE IMPOUND. In addition to the civil penalties provided in PMC 941.060, an additional remedy for violations of Section 9.61.020 (1 l) and (12) may be imposed by the impound of the motor vehicle from which the sound emanates. , A) Any motor vehicle operated by the owner of record or of any person having the expressed or implied 'permission of the owner that is used or from which amplified sounds emanate in violation of Section 9.61.020 (11) and (12) is declared a public nuisance and may be subject to seizure and impoundment as follows: 1) The owner of record of such vehicle shall be liable for the towing and storage of the vehicle. 2) For a second offense, within a two (2) year period involving the same vehicle, the owner of record of such vehicle shall be liable to the City for a penalty of $250 in addition to the fees for the towing and storage of the vehicle. Ordinance Creating 9.61.061 and Amending 10.18.010 - 1 3) For a third or subsequent offense within a two (2) year period, the owner of record of such vehicle shall be liable for a civil penalty in the sum of$500 in addition to the fees for the towing and storage of the vehicle. B) Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall impound the vehicle pursuant to Chapter 10.18 of this Title. Section 2. That Section 10.18.010 entitled "Authority to Impound Vehicles" of the Pasco Municipal Code shall be and hereby is amended and shall xead as follows: 10.18.010 AUTHORITY TO IMPOUND VEHICLES A) Grant of authority. City law enforcement officers are hereby authorized and empowered to remove, tow, and impound a vehicle, a public street, highway or right-of-way to a designated vehicle impound facility including the business location of a registered tow truck operator under the circumstances hereinafter enumerated: 1) Whenever a driver of a vehicle is 'arrested in violation of RCW 46.61.502 (Driving Under the Influence),.RCW 46.61.504 (Physical Control of a Vehicle Under the Influence); RCW 46.20.342 (Driving; While Lic0h9c Invalidated); or RCW 46.20.345 (Operation Under Other License'or Permit While License Suspended or Revoked) such vehicle is subject to,summary impoundment,pursuant to the terms of this Chapter at the direction of a law enforcement officer. 2) In addition, a law enforcement officer may take custody of a vehicle, at his or her discretion der consideration of reasonable alternatives, and provide for its prompt removal; to a place;of safety.car; designated vehicle impound facility under any of the following 61r;cumstances: (a) Whenever a law enforcement officer finds a vehicle standing upon the roadway irt,violation` of any of the provisions of RCW 46.61.570 (Stopping, Standing, or Parking Prohibited in Specified Places), the officer may provide for the removal of the vehicle or require the driver or the person in charge of the vehicle to move thevehicle to a position off the roadway. (b) Whenever a law enforcement officer finds a vehicle unattended upon a public street, highway or right-of-way where the vehicle constitutes an obstruction to traffic or jeopardizes public safety. (c) Whenever a law enforcement officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property. Ordinance Creating 9.61.061 and Amending 10.18.010 - 2 (d) Whenever the driver of a vehicle is arrested and taken into custody by a law enforcement officer. (e) Whenever a law enforcement officer discovers a vehicle that the officer determines to be a stolen vehicle. (f) Whenever a vehicle without a special license plate, plaque, or decal indicating that the vehicle is being used to transfer a person with disabilities under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on the public property. (g) Upon determining that a_person is operating a motor vehicle without a valid driver's license in violation of RCW 46.20.005, or with a license that has been expired for ninety(90).days or more. (h) Whenever a vehicle is illegally occupying a restricted parking zone including, but not limited to, track or commercial loading zone, bus or taxi loading zone, posted street construction or 'maintenance, or other similar zone, where, by order of the Director of Public Works, Chief of Police or Fire Chief, or their designees, parking is limited to designated classes of vehicles or is prohibited during certain`hours; on;designated days or at all times, if the zone has been established with sign ge restricting parking for at least twenty-four (24) hours givirig.noti.e to the public that a vehicle will be removed if illegally parked in the zone, and where the vel} cle is interfering:with the proper and intended use of the zone. (i) Whenever the driver of a vehicle is arrested for violation of RCW 46.61.503 (Driver;Under Twenty-One Consuming Alcohol). Whenever a police officer has probable cause to believe a violation of Section 9.61,020(11)or(12)has occurred. Nothing in this section may derogate from the powers of a law enforcement officer under the Revised Code of Washington, including but not limited to RCW 46.55.080, RCW 46.55.0.85, RCW 46.55.113 or RCW 9A.88.140, any other sections of the Pasco Municipal Code, or the common law. 3) When an arrest is made for a violation of RCW 46.20.342 (DWLS), if the vehicle is a commercial vehicle and the driver of the vehicle is not the owner of the vehicle, before summary impoundment directed under subsection (1) of this section, the law enforcement officer shall attempt in a reasonable and timely manner to contact the owner of the vehicle and may release the vehicle to the owner if the owner is reasonably available, as long as the owner was not in the vehicle at the time of the stop and arrest and the owner has not received a prior release under this subsection or RCW 46.55.120 (1)(a)(ii). Ordinance Creating 9.61.061 and Amending 10.18.010 - 3 B) Notice to Owner of Liability for Costs and Fees. When any vehicle is removed, towed or impounded pursuant to this chapter the owner of the vehicle shall pay the towing and storage costs against the said vehicle, as well as any costs and fees assessed pursuant to this chapter, before said vehicle is released. Notice of impound required by RCW 46.55.110 shall be given by the tow truck operator. C) Tow Truck Operator. The City shall appoint by competitive bid, contract, rotational call agreement, or any combination of these methods, one or more properly licensed tow truck operator registered with the State of Washington to provide such services. The Police Department shall arrange for towing and storage of the impounded vehicle through a properly licensed tow truck operator registered with the State of Washington and contracted with the City of Pasco. It is required that the tow truck operators who contract with the City have a City business license. A copy of the Towing Contractors current towing and storage rates shall be on file with the Chief of Police and the Administrato�;of Pasco Munitiipal Court. An appointment may be rescinded by the City upon evidence ;that the appointed tow truck operator is not complying with the laws or rules relating to removal and storage of vehicles or this chapter. The rates for towing and storage shall be imposed in accordance-with the rate schedules on file with the Chief of Police and the Administrator for Pasco 1VMunicip�l Court. D) Costs. Any costs incurred-in the removal'of;an impounded vehicle shall be paid by the owner of the vehicle so removed,and the same shall-be a lien upon such vehicle. (Ord. 3796, 2006; Ord. 3405 Sec. 1, 2000; Ord.,33.41 Sec. 1, 1998.) Section 3. This Ordinance shall. take. full forcesand effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of , 2008. Joke Olson;Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney Ordinance Creating 9.61.061 and Amending 14.18.010 - 4 J) "Receiving Property" means real property within which the maximum permissible noise levels specified herein shall not be exceeded from sources outside such property. K) "Sound Level Meter" means a device which measures sound pressure levels and conforms to Type 1 or Type 2 as specified in the American National Standards Institute Specification 51.4.1971. (Ord. 3591 Sec. 1, 2002.) 9.61.020 PUBLIC DISTURBANCE NOISE PROHIBITED. No person, whether or not that person is in actual possession of the noise source, shall create, continue, or cause to be created or continued, or allow to be created or continued, any public disturbance noise. "Public disturbance noise" means any sound which: A) Is specifically included in, but not limited to, those listed in subsection C; or B) That unreasonably disturbs or interferes with the peace, comfort and repose of owners or occupants of real property and causes a noise complaint to be reported by two or more persons occupying separate residences neither of which residence is within the same property boundary; C) Public disturbance noises for the purposes of this section shall include, but shall not be limited to, the following specified sounds and are also subject to regulation under the provisions of Section 9.61.030 of this chapter: 1) Any sound made by the use of a musical instrument, whistle, sound amplifier, juke box, radio, television, or other similar device which emanates from a building, structure, or property between the hours of 10:00 p.m. and 7:00 a.m. and is received within a residential district. 2) Any sound made by the unamplified human voice which emanates from a building, structure or property between the hours of 10:00 p.m. and 7:00 a.m. and is received within a residential district. 3) Frequent, repetitive or continuous sounds made by any animal, which emanates from a building, structure, or property and is received within a residential district. 4) Any sound made by the discharge of exhaust gases from an internal combustion engine except through a muffler. 5) Any sound made by the operation of any motorcycle, motorbike, off-road or terrain vehicle in the city on any property not a part of the street system of the City when such motorcycle, motorbike, off-road or terrain vehicle does not conform to the muffler standards required for operation on the public streets. 6) Any sound made by a horn or other similar signaling device attached to a motor vehicle except when reasonably necessary to insure safe operation as permitted in RCW 46.37.380. 7) Any sound made by a loud speaker or sound amplifier exterior to any building for commercial advertising or sales purposes or for attracting the attention of the public to any performance, show or other event. PMC Title 9 11/06/2006 75 8) Any sound which is audible at any school, other institution of learning, court, hospital, nursing, or convalescent facility, or other area where exceptional quiet is necessary; provided, signs are displayed in adjacent or contiguous streets indicating that the area is a quiet zone. 9) Any sound made by the construction, excavation, repair, demolition, destruction, or alteration of any building, property or upon any building site between the hours of 10:00 p.m. and 7:00 a.m. and is received within a residential district. 10) Any sound made by operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool or air conditioner, fan or blower, or similar device used in residential areas between the hours of 10:00 p.m. and 7:00 a.m. the following day so as to cause a noise disturbance across a residential boundary. 11) Any sound made by speaker sound amplifier or motor vehicle audio system exterior to the passenger sitting compartment of a motor vehicle on a public street or highway (anywhere within the right-of-way thereof) of a commercial radio station broadcast, or music from an audio tape cassette, compact disc, or other recording medium. 12) Any sound from a motor vehicle audio system such as tape players, radios, and compact disc players, operated at a volume and under conditions, so as to be audible greater than seventy-five (75) feet from the vehicle itself. 13) Any sound from portable audio equipment, such as a radio, tape player or compact disc player, which is operated at such a volume so as to be audible at a distance of seventy-five (75) feet or more from the source of the sound. (Ord. 2775 Sec. 1, 1990; Ord. 2735 Sec. 1, 1989; Ord. 2665 Sec. 1, 1987.) 9.61.030 MAXIMUM PERMISSIBLE ENVIRONMENTAL NOISE LEVELS. A) Designation of Zoned Areas. The EDNA (Environmental Designation For Noise Abatement) is hereby established as follows: 1) Residential zones - Class A EDNA. 2) Commercial zones - Class B EDNA. 3) Industrial zones - Class C EDNA. B) Maximum Noise Levels: 1) No person shall cause or permit noise to intrude into the property of another person which noise exceeds the maximum permissible noise levels set forth below in this section. a) The noise limitations established are as set forth in the following table after any applicable adjustments provided for herein are applied: EDNA OFEDNA OF NOISE SOURCE RECEIVING PROPERTY Class A Class B Class C PMC Title 9 11/06/2006 76 AGENDA REPORT FOR: City Council July 24, 2008 TO: Gary Crutchfie anager FROM: Stan Strebel, Adnun' r�tive and Community Workshop Mtg.: 7/28/08 Services Director' Regular Mtg..: 8/4/08 SUBJECT: Code Enforcement Civil Violation Penalties I. REFERENCE(S): 1. Proposed Ordinance Amending PMC Chapter 11.02,"Civil Infractions" 2. Proposed Ordinance Amending PMC Chapter 3.07 "Fee Summary" II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/14: Discussion 7/21: Motion: I move to adopt Ordinance No._amending PMC Section 11.02.050, "Notice of Civil Violation"and 11.02.060 "Hearing Before the Code Enforcement Board" and authorize the publication by summary only. Motion: I move to adopt Ordinance No._amending PMC Section 3.07.070, "Code Enforcement Program" and authorize the publication by summary only. M. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The Pasco Municipal Code provides for increasing monetary penalties as an incentive for early abatement of code violations. While this approach is generally effective, in some cases it has not proven to be practical. In extreme cases, with penalties accruing at a rate of$500 per day, after 5 days, penalty levels may grow to be unreasonable, and, with no defined amount, unmanageable. B) To overcome these problems, City Finance staff has been limiting accruing penalties to 10 days in order that a defined amount may be sent for collection and so that the amounts do not grow unreasonably. As this practice seems reasonable and practical, staff proposes to amend the code for consistency. Also, as the Code Board has the discretion to set the daily penalty depending in circumstances, staff proposes to eliminate the schedule for penalties thereby allowing the Board the freedom to set penalties as needed. C) Further, the City has heretofore relied on filing liens upon the real property for securing of penalty amounts owed This method has not been effective due to the size of the liens (compared to other more senior liens) and also due to time constraints on foreclosures. D) With the limit on penalties set at$5,000 (10 days at a$500/day maximum), the City will be able to pursue these matters in Small Claims Court where a judgment could be attached to the real property through Superior Court action and satisfied upon sale or refinancing with no further action on the part of the City. In the alternative, the City could also assign unpaid accounts to a collection agency for similar action in District/Superior Court. E) Staff recommends approval of the two ordinances to improve the collection process. 4(d) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington. amending Pasco Municipal Code Title 11 "Civil Infractions," Section 11.02.050 "Notice of Civil Violation -- Monetary Penalty" and Section 11.02.060 "Hearing Before the Code Enforcement Board". WHEREAS, the City Council of the City of Pasco has determined that certain amendments regarding civil infractions are warranted; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. That Pasco Municipal Code Section 11.02.050 "Monetary Penalty" is amended to read as follows: (5) Monetary Penalty. The maximum monetary penalty for each separate violation per day or portion thereof shall be as€ellews:set forth in Chapter 3.07 of this code. (a) First day afeaeh violation $100.00i (b) Seeend day of earah vielation $20444, (6) Continued Duty to Correct. Payment of the monetary penalty does not relieve the person to whom the Notice of Civil Violation was issued of the duty to correct the violation. (7) Collection of Monetary Penalty. (a) The monetary penalty constitutes a personal obligation of the person to whom the Notice of Violation is directed. Any monetary penalty assessed must be paid to the City of Pasco within 10 calendar days from the date of mailing of the Code Enforcement Board's decision or a notice from the City that penalties are due. (b) The City Manager or his/her designee is authorized to take appropriate action to collect the monetary penalty. (e) ift addition te the femedies pr-evided above, the fnenetar-y penalty sha4l eefistitute a lien upon the real property eii which the violation has err.-urFed er- is eeeuFfing. This lien shall be fereelesed as ^pF @Vid0d b5' law for liens f r labor-and fnateFials(RCW 60 04). (Ord. 3190 Sec. 1, 1996.) Section 2. That PMC Section 11.02.060(4)(c)(iii) is hereby amended to read as follows: (iii) The Code Enforcement Board may double the daily monetary penalty schedule if the violation is a repeat violation. In determining the amount of the monetary penalty for repeat violations the Code Enforcement Board shall consider the factors set forth in Section 11.02.060(4)(c)(i). Section 3. This ordinance shall take effect upon publication as provided by law. PASSED by the City Council of Pasco at a regular meeting this day of August, 2008. Joyce Olson,Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy,Deputy City Clerk Leland B. Kerr,City Attorney ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington. amending Pasco Municipal Code Chapter 3.07 "Fee Summary," Section 3.07.070 "CODE ENFORCEMENT PROGRAM." WHEREAS, the City Council of the City of Pasco has determined that certain amendments regarding penalties for code violations are warranted; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. That Pasco Municipal Code Section 3.07.070, "CODE ENFORCEMENT PROGRAM" is amended to read as follows: 3.07.070 CODE ENFORCEMENT PROGRAM: A) PMC Violations: Fee/Charee Reference 1) The maximum monei4a penalty for each separate $500.OQ 11.02.050(5) violation per day or portion thereof(to a maximum of 10 days) 4) 4 99-A6 1'.no -1} Seeand Dety of Viela4iea Peaaky $200.00 i n on l Oklrth Pfly Of ViOhltiefi 12efah)' g i M)2.050 -5} :0 ]1.rz 02.990 Repeat Violation Doubled daily 11.02.98060(4) monetary penalty (Ord. 3543, 2002) Section 2. This ordinance shall take effect upon publication as provided by law. PASSED by the City Council of Pasco at a regular meeting this day of August, 2008. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy,Deputy City Clerk Leland B. Kerr, City Attorney AGENDA REPORT TO: City Council July 24, 2008 FROM: Gary Crutch a anager Workshop Mtg.: 7128/08 SUBJECT: Dispatch Services Contract I. REFERENCE(S): 1. Dispatch Contract Proposed by County 2. Alternative Section 5 (Proposed by City) 3. Dispatch Cost Comparisons 2004-2008 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 7/28: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The city has long contracted with Franklin County for emergency dispatch services, having donated the city's radio frequencies to County ownership decades ago. The dispatch contract mechanism has been relatively stable over the years, requiring a change only in the annual fee every year since the mid-1990s. For 2008, however, a new contract document has been proposed by the County. The proposed changes have been discussed at the staff level (County Sheriff and city staff) over much of the past year. B) The major difference deals with Section 5, Finance. The County version (Reference 1) essentially results in the ability of the County to spend whatever amount it chooses to operate the Dispatch Center and requires the city to pay nearly 80% (the city's proportional use) of the final bill; the extent of city influence is"input"before decisions are made by the County. V. DISCUSSION: A) An alternative Section 5 was offered by the city (Reference 2), but summarily rejected by the County. The city version would provide clarity through definitions, assure all revenues are included in the annual budget, avoid inappropriate expenditures, require approval of the oversight committee for budget changes that financially impact members of the oversight committee (city and county) and, finally, requires an annual reconciliation to assure annual fees are, in fact, used to cover net dispatch service costs (excess fees would be refunded to jurisdictions). B) Over the past two years, the "finance" element of the contract has become much more critical than it had in the past. The County has unilaterally eliminated the "base cost" allocation used for the past decade (previously split 50/50 the base cost of about $160,000) and, instead, allocates all costs based on each agency's proportionate share of total dispatch calls. The result is that Pasco now pays nearly 80% of the net county-wide dispatch cost (see Reference 3). Thus, it is ever more important to clearly define how users' fees will be determined. C) Another key factor in the finance section is to include a provision to assure that dispatch fees are used for net dispatch cost; a reconciliation provision is essential to assure this when the fee is based on a budget that may not be fully expended each year. In addition, the contract should assure that all applicable revenues are assigned to the budget before fees are calculated, to assure that local jurisdictions are being billed only what is necessary to balance the dispatch budget. D) Staff requests Council direction in this matter. 4(e) INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, CITY OF PASCO, AND CITY OF CONNELL FOR EMERGENCY DISPATCH SERVICES This Interlocal Agreement, hereinafter also referred to as "Agreement," is entered into as of the day of , 20_, between Franklin County, a political subdivision of the state of Washington, with its principal offices located at 1016 North 4th Avenue, Pasco, Washington, hereinafter referred to as "County" and/or "Dispatch Center, and the City of Pasco, a municipal corporation, with its principal offices located at 525 North 3`d Avenue, Pasco, Washington, and the City of Connell, a municipal corporation, with its principal offices located at 104 East Adams Street, Connell, Washington, both hereinafter collectively referred to as "Dispatch User(s)." This Agreement is entered into by the County under the authority of RCW 36.32.120. This Agreement is in conformity with Chapter 39.34 RCW, the Interlocal Cooperation Act. To carry out the purposes of this Agreement and in consideration of the benefits to be received by each party it is agreed as follows: I. PURPOSE To provide a responsive, professional, efficient, and consolidated public safety communications center for processing 911 emergency and non-emergency calls for emergency response agencies serving the citizens and visitors of Franklin County and cities therein. II. OPERATIONS A. Franklin County Emergency Dispatch Center County will provide, maintain, and operate an emergency dispatch center to include the furnishing, maintenance, repair, and replacement of all facilities, phones, radios, teletypes, hearing impaired phones, fax machines, language line, 1/MDT Systems, Access to CAD system via mobile data terminal interface, computer aided dispatch, and other required electronic equipment as well as a sufficient number of qualified personnel necessary to courteously, efficiently and effectively receive and dispatch emergency calls for service 24 hours per day, seven days a week, 365 days per year. B. Dispatcher Re uirements and Qualifications All dispatchers shall be required to attend and successfully complete dispatch- training courses to certify them to "Dispatcher 11" standards as developed by the Washington Criminal Justice Training Commission. The county recognizes the advantage of having bilingual dispatch staff, capable of communicating in Spanish, to Interlocal Agreement Between Franklin County, City of Pasco, and City of Connell for Emergency Dispatch Services Page 1 of 10 more effectively serve the Spanish speaking members of our community. To that end the county will endeavor to recruit bilingual dispatchers to employ in the Communications Center. The county will also maintain access to the "Language Line Service" to serve all non-English speaking members of the community. C. Professional Services County agrees to provide professional quality dispatch service that is free from rude or unprofessional conduct toward the public or employees of the Dispatch Users and operates in strict compliance with established professional dispatching protocols. In the event of any complaints or dispatch concerns from any Dispatch User provided to the Director, those complaints or concerns will be immediately reviewed and screened for error or improvement as to established dispatch protocols or any violation of policy or procedure. The County agrees to provide to any Dispatch Users unedited taped DVD copies of all questioned radio or telephone conversation interchanges as well as a, telephone contact, email, personal contact or written report, depending upon the nature of the complaint/concern of the action taken in response to each complaint. Such service reviews shall be completed and responded to within 5 business days of receipt from a Dispatch User agency. As part of an ongoing quality service review a brief summary of all complaints and their dispositions shall be made available to the Dispatch Oversight Committee at their quarterly meetings. D. Dispatch Users' Operations Dispatch Users agree to have adequate staffing immediately available to receive information about, and to respond to, such emergencies. Dispatch Users shall in no way have direct supervision or control over the personnel or equipment owned and operated by the Dispatch Center. The sole responsibility and function of Dispatch User shall be to receive and respond to such calls in a timely manner. Dispatch Users shall defend, indemnify and hold the County harmless from Dispatch User caused delay in handling said emergency calls, or for negligent, misfeasant or malfeasant acts of Dispatch User personnel in answering said calls or performing any of their official functions associated therewith. Dispatch Users shall avoid rude or unprofessional conduct toward employees of the Dispatch Center and operate in strict compliance with established radio procedures. E. Additional Services In addition to the receipt and dispatch of said emergency calls, County shall provide to Dispatch Users access to information available through W.A.S.I.S., D.O.L., BI-PIN Computer Systems, Mobile Data Terminals and the Computer Aided Dispatch System. The provisions of the supplemental Agreement between the City of Pasco and Franklin County for dispatch services dated 18th day of December, 2000, are hereby incorporated in and made a part of this Agreement by this reference. (See Appendix A). F. Systems Support Interlocal Agreement Between Franklin County, City of Pasco, and City of Connell for Emergency Dispatch Services Page 2 of 10 The County has a fully functional E911 back up dispatch system necessary to assure that such center remains operational in all circumstances. This back up system is located at the Franklin County Department Emergency Management Facility, located 502 Boeing Street, Pasco, WA. In the event such operating systems or backup systems become inoperative through damage by fire, casualty or act of God, County shall use temporary systems to assure continuing dispatch service. County shall use all reasonable means to return said dispatch center to full operational capacity within 24 hours. III. MAINTENANCE A. Equipment Costs and Maintenance Each Dispatch User agrees to provide, at its own expense, all radio and electronic equipment required to receive and respond to County Dispatch Center communications. Such radio and electronic equipment shall be of good quality and capable of receiving and broadcasting upon such frequencies as shall be licensed for use by the F.C.C. Such equipment shall be maintained and operated by Dispatch User personnel in a manner that will minimize interference with other Dispatch Users of the County Dispatch Center. In the event such operating systems or backup systems become inoperative, Dispatch User shall employ ali reasonable means to return said system to full operation within 24 hours. IV. ADMINISTRATION A. Dutch Oversight Committee A Dispatch Oversight Committee shall be organized to manage and administer the operations of the Emergency Dispatch Center. The Dispatch Oversight Committee shall be comprised of: 1. Two members representing and selected by Pasco Police Department, 2. Two members representing Sheriff's Office, 3. One member representing the Pasco Fire Department, 4. One member representing the Connell Police Department. Each member of the Oversight Committee shall have one vote and all representatives shall be appointed in by their respective jurisdiction and can only be removed by the appointing authority. B. Administrative Responsibilities It shall be the responsibility of the Oversight Committee to oversee the operations and management of the Emergency Dispatch Service. Additionally, the Oversight Committee shall provide the County Commissioners with appropriate observations and recommendations pertaining to the operation and administration of the Dispatch Service. County shall be responsible to implement the policies, contracts, and the annual budgets approved by the governing bodies of the participating jurisdictions. C. Administrative Procedure interlocal Agreement Between Franklin County, City of Pasco, and City of Connell for Emergency Dispatch Services Page 3 of 10 The Oversight Committee shall meet at least quarterly with and provide guidance to the Franklin County Dispatch Center Director, who is selected by the County Sheriff, concerning matters to include, but not limited to, the following issues- 1. Budget, to include capital outlay expenditures; 2. Staffing levels, training and selection criteria for dispatchers; 3. Dispatch equipment (primary and backup); 4. Operating policies of the Dispatch Center; 5. The addition of new Dispatch Users; 6. The assignment and allocation of radio frequencies. The Dispatch Oversight Committee may also forward recommendations for the operation and management of the Dispatch Service to the County Commissioners for approval. This process will require a simple majority vote. All non-voting Dispatch Users may attend oversight meetings and provide input concerning operation of the Dispatch Center. When making recommendations, the Dispatch Oversight Committee will have voting power concerning all matters related to Dispatch Center operation, to include those issues mentioned above. D. Dispute Resolution In the event that disputes arise over any issue concerning the Dispatch Center, all parties agree to utilize the services of a mutually agreed upon third party arbitrator to help the parties resolve such issues. Any one Dispatch User or Users may request resolution by arbitration. In the event that an Arbitrator cannot be agreed on within fifteen (15) days all parties agree to utilize an Arbitrator chosen by the Franklin County Superior Court pursuant to RCW 7.04A and the Superior Court Mandatory Rules of Arbitration (MAR), which shall govern this arbitration. The parties to such arbitration shall share payment for the services of such arbitrator equally. Such costs shall not be paid from Dispatch Service budget. The findings of the Arbitrator will be binding on all parties. E. Supervision and Control County shall in no way have supervision or control over the responding personnel, vehicle or equipment owned and operated by any Dispatch User, nor shall County in any manner be responsible for or determine the number or adequacy of emergency vehicles or personnel provided by any Dispatch User. The sole responsibility and function of the County shall be to receive emergency calls from the public, to timely dispatch equipment and personnel in accordance with the Dispatch User provided priority call system and to provide requested information to Dispatch User personnel, all in an expeditious manner. F. Hold Harmless Interlocal Agreement Between Franklin County, City of Pasco, and City of Connell for Emergency Dispatch Services Page 4 of 10 County shall defend, indemnify and hold Dispatch Users harmless for any claims or damages caused by the Dispatch Center caused by delay in answering said calls, and for the negligent, mifeasant or malfeasant acts of any Dispatch Center personnel in answering or delivering said dispatch or performing any of their official functions whatsoever. V. FINANCE A. The Dispatch budget is the responsibility of the Communications Director under the direction of the Sheriff. The Director with the assistance of the Oversight Committee Members shall each year prepare a proposed preliminary Budget of revenue and expenditures for the operation of the E911 Dispatch Center for the next calendar year on or before August 15th. B. Usage Fee In conjunction with the development of the annual communications division budget and state of Washington E911 Fiscal year contract, (July-June) the Director of the Dispatch Center will prepare a budget based on a formula for cost distribution of Franklin County's Dispatch Center costs to the parties to this Agreement. Costs will be distributed proportionally among Dispatch User Agencies as determined by each Dispatch User Agencies' actual usage of Dispatch services as evidenced by the number(activity) of I/CAD Reports, by "Number of Events by Type" (dispatch software, and events created by Dispatch User Agencies in the CAD System). Each year a total count shall be made to determine the number of "events" by "type"(activity) by each participating agency generated between July 1st of the previous year to the year in which the budget is being formulated and June 30th of the year in which the budget is being formulated. Dispatch Service Funding / Budget 1. Contract Dispatch User A "Contract Dispatch User" agency is defined as an agency that utilizes some, but not all, of the services that are provided to Direct Dispatch Users. The contract fee for such agencies is set by the Sheriff and reviewed by the Dispatch Oversight Committee and is based on a minimum contract fee plus the actual cost attributed to the level of use of dispatch services. Contract Users are not members of the representative Oversight Committee. 2. Direct Dispatch User Interlocal Agreement Between Franklin County, City of Pasco, and City of Connell for Emergency Dispatch Services Page 5of10 A "Direct Dispatch User" agency is defined as a Dispatch User who relies on the Dispatch center to answer emergency calls for them, who has the ability to use all other dispatch services including radio communications and access to all dispatch provided information systems. Direct Dispatch Users are voting representatives on the Oversight Committee. 3. Payment Each Dispatch User shall pay one-quarter (1(4) of their annual usage fees quarterly on or before February 28th, May 31st, August 31st, and November 30th of the current contract year. 4. Estimated Fees and Annual Report Estimated Direct Dispatch User and Contract Dispatch User fees for the upcoming year shall be established and communicated to each Dispatch User by August 15th of each contract year. Copies of the final estimated Dispatch Center budget for the coming year will be provided to each Direct Dispatch User by November 1st. An annual report of all revenues and expenditures for the preceding calendar year shall be provided to each Direct Dispatch User by March 15th. 5, Budget Increases The County agrees to allow Dispatch Users input on salary and benefits negotiations for dispatch personnel prior to reaching final approval. 111. TERM 1 DURATION AND TERMINATION A. Term 1 Duration This Agreement shall be for a period of one (1) calendar year beginning January 1, 2008 to December 31, 2008, and thereafter automatically renewing for consecutive one (1) calendar year periods, unless any party elects to terminate the Agreement, and subject to the annual modification of Agreement terms regarding fees and budgeting. This Agreement shall be reviewed annually but will remain in effect until all parties herein have signed a new Agreement. B. Termination or Withdrawal This Agreement shall remain in full force and effect until terminated by any party hereto. A Dispatch User may terminate this Agreement at the end of a calendar year by written notice to the County at least six (6) months before the end of the calendar year; the notice shall also announce the intended removal of its communication equipment at the end of the year. The County may terminate services to any user if payment of Dispatch User Fees is not received within ninety (90) days after the due dates outlined in this Agreement. Any action by the County to terminate this agreement, other than for Interlocal Agreement Between Franklin County, City of Pasco, and City of Connell for Emergency Dispatch Services Page 6 of 10 failure to pay prescribed fee, shall be by written notice to the User at least twelve (12) months prior to the termination date and such notice shall include request for User to remove its communication equipment by the termination date. VII. NEW DISPATCH USERS A. Additional Dispatch Users The addition of Dispatch Users shall be subject to a majority vote of acceptance by the Dispatch Oversight Committee. The Oversight Committee shall recommend the fee to be assessed to the New Dispatch User. Within sixty (60) days following acceptance of an additional Dispatch User, County shall provide a revised schedule of Dispatch User fees and shall credit or refund to Dispatch Users any refund that is due as a result of this action. VIII. MODIFICATION A. Modification Final approval for all modifications to the Interlocal Agreement shall remain with the position authorized by the respective jurisdiction to sign this document. Any clause or provision of this Agreement can be modified only by written agreement of all parties. IX. NOTICES Any formal notice or communication to be given under this Agreement shall be deemed properly given, if delivered, of if mailed postage prepaid and addressed: To: Franklin County Sheriff Office To: City of Pasco Attn: Sheriff Richard Lathim Attn: City Manager 1016 North 4th Avenue 525 North 3`d Avenue Pasco, WA 99301 Pasco, WA 99301 To City of Connell Police Department Attn: Chief of Police P.O. Box 187 104 East Adams Street Connell, WA 99326 X. INDEPENDENT CONTRACTORS The parties and their employees or agents performing under this Agreement are not deemed to be employees, officers, or agents of the other parties to this Agreement and shall be considered independent contractors. Interlocal Agreement Between Franklin County, City of Pasco, and City of Connell for Emergency Dispatch Services Page 7 of 10 XI. RECORD KEEPING All parties to this Agreement shall maintain books, records, documents, and other evidence that properly reflect all costs of any nature expended in the performance of this Agreement. Such records shall reflect financial procedures and practices, participant records, statistical records, property and materials records, and supporting documentation. These records shall be subject at all reasonable times to review and audit by the parties to this Agreement, the Office of the Washington State Auditor, and other officials so authorized by law. X11. EQUAL OPPORTUNITY All parties to this Agreement certify that they are equal opportunity employers. XIII. NO THIRD-PARTY BENEFICIARIES The parties to this Agreement do not intend by this Agreement to assume any contractual obligations to anyone other than the parties to this Agreement. The parties do not intend that there be any third-party beneficiaries. XIV. ASSIGNMENT No parties to this Agreement shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other parties. XV. WAIVER No waiver by any party of any term or condition of this Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach, whether of the same or a different provision of this Agreement. Interlocal Agreement Between Franklin County, City of Pasco, and City of Connell for Emergency Dispatch Services Page 8 of 10 XVI. SEVERABILITY If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the remaining provisions shall continue in full force and effect. XVII. FILING Copies of this Agreement, together with the resolutions of all the parties' governing bodies' approval and ratification of this Agreement, shall be filed with the Franklin County Auditor and the Secretary of the State of Washington after execution of this Agreement by all parties. XVIII. EFFECTIVE DATE This Agreement shall be effective when signed by all the parties herein. DATED this day of , 2008. CITY OF PASCO BOARD OF COUNTY COMMISSIONERS Franklin County, Washington Pasco Mayor Robert E. Koch, Chairman ATTEST BY: Neva J. Corkrum, Chair Pro Tem Pasco Deputy City Clerk Rick Miller, Commissioner ATTEST BY: APPROVED AS TO FORM: Clerk of the Board Interlocal Agreement Between Franklin County, City of Pasco, and City of Connell for Emergency Dispatch Services Page 9 of 10 APPROVED AS TO FORM: Pasco City Attorney STEVE M. LOWE, #146701#91039 Prosecuting Attorney for Franklin County By: Rya E. Verhulp Deputy Prosecuting Attorney CITY OF CONNELL Connell Mayor ATTEST BY: Connell City Clerk APPROVED AS TO FORM: Connell City Attorney Interlocal Agreement Between Franklin County, City of Pasco, and City of Connell for Emergency Dispatch Services Page 10 of 10 V. FINANCE A) For purposes of this agreement,the following definitions apply: 1. Full Service User: means a governmental jurisdiction (city or county) or special purpose district (fire, hospital, Port, etc.) that relies on the dispatch center to receive emergency service calls on behalf of the respective jurisdictional district, has the ability to use all other emergency dispatch services including radio communications, and has access to all dispatch provided information systems. 2. Partial Service User: means a special purpose district or other public agency (CBC, etc.) that relies on the dispatch center to receive emergency service calls on behalf of the respective district or agency but cannot use the other emergency dispatch services including radio communications, and is restricted to those services listed in Exhibit 3. Net Local Cost: "Net Local Cost" shall be the balance of budgeted dispatch center cost after deducting all state and county telephone (and E911) tax to be received by the County, all contract user fees to be received by the County, any state, federal or other grants and any other revenues applicable to the expenditures included in the respective calendar year expenditure budget. The expenditure budget, for purposes of calculating the "net local cost," shall include only those expenses directly related to operation of the dispatch center and shall exclude any "overhead" expenses such as those for the Sheriff or other. County departments, and any"contingency"provision. B) The Dispatch Center line item budget, in substantially the form illustrated in Exhibit , for each calendar year shall be established and communicated to dispatch users, in writing, by August 1 of the preceding calendar year. Such communication shall include the proposed user contract fee for the next calendar year, determined in accordance with the following: 1. Full User Formula: The contract fee for each full user shall be determined by multiplying the "net local cost" by the respective users' proportional use of the dispatch center for the preceding 36 calendar months ending June 30 in the calendar year preceding the calendar year for which the fee is being calculated. User calls shall be limited to those calls to the dispatch center requesting law enforcement, fire and ambulance service for the respective dispatch user, as listed in Exhibit ; provided, however, only those fire calls that result in an emergency response by the user shall be counted for the purpose of calculating "proportional use.'' The total number of recorded CAD events for each user during the respective time period shall be divided by the total number of CAD events recorded by the dispatch center for the same time period;the dividend shall be the respective dispatch users' proportional use of the dispatch center for the respective time period. 2. Partial User Formula: City Proposed Section 5 "Finance" C) Final Budget and Fees: The proposed contract fees communicated to users by August 1 each year shall be considered estimates based on the preliminary dispatch center budget for the respective calendar year. The final dispatch center budget shall be determined not later than November 1 each year and the final respective user fees shall be revised accordingly, using the applicable formula in subsection B, above. D) Payment: Each Full User shall pay one-quarter (1/4) of the annual fee quarterly on or before February 28, May 31, August 31 and November 30 of the current contract year. E) Budget Amendments: Any increase of the final dispatch center expenditure budget may occur without prior approval of the Oversight Committee only if such additional expense is not to be allocated to any of the Full Users. in the event the amendment is to be allocated to a Full User, the amendment must first be reviewed and approved by the Oversight Committee at a meeting thereof and such approval conveyed in writing by the Oversight Committee to the Board of Commissioners. F) Extraordinary The parties acknowledge that unanticipated emergency events could require unanticipated expenditures to continue delivery of emergency communication services. In such an event, the oversight committee shall have authority to evaluate and recommend the Board of Commissioners wholly or partially allocate the additional expense to the user within whose geographic area the extraordinary event occurred; provided, however, failure of the Oversight Committee to recommend allocation of the expense shall bar such allocation. G) Reconciliation: Not later than April 1 each calendar year, the fees paid during the previous calendar year shall be reconciled to reflect the actual net local cost for the previous year, considering approved budget amendments. Any user who overpaid will be given credit on the second quarter billing for the current year and any user who underpaid will be billed for the additional amount on the second quarter billing for the current year. H) Reports: The Oversight Committee shall be provided a quarterly and year-to-date financial report accurately displaying all revenues and expenditures for the calendar quarter preceding the quarter in which the Oversight Committee is meeting. The Oversight Committee shall be provided an annual report for the preceding calendar year by March 15 each year, to include all appropriate financial information as well as operational and comparative data. City Proposed Section 5 "Finance" Ste. W) M N a — F- U C\ o a, N 000 N M v1 It (7) Q O� \Q 663 �10 .-• 00 C N 69 6A 6f3 69 \° \° kn 00 m N n � C� ON W) Nr W) N 6/3 6n 6A 60) \° r- o o O Or N O� !� r V1 00 M N 69 64 6R 6A © N m O 000 N o0 qn 00 kn M_ 0 C M 6R 't N r- O N 6F3 69 69 b+4 O V A M 69 � N rq � 6R 69 6A 69 N 'C b -� cd L�-4 cd d v a3 �, A o 4-4 o W A U o a CKS O U U $Z4 a � a a a AGENDA REPORT TO: City Council July 22, 2008 FROM: Gary Crutchfie ty anager Workshop Mtg.: 7/28/08 SUBJECT: Car Allowanc Adjustment I. REFERENCE(S): 1. Unleaded Fuel Prices—Washington, 1/05 —7/08 2. IRS Mileage Reimbursement Rate, 2/05 — 7/08 3. Car Allowance Positions/Amounts II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 7/28: Discussion III. FISCAL IMPACT: See below. IV. HISTORY AND FACTS BRIEF: A) Since about 1980, the city has provided car allowances to certain positions in lieu of providing city administrative vehicles. The car allowance system has always been much more cost effective than owning, insuring, maintaining, operating and fueling a dozen or more cars. Car allowances are currently provided to 18 positions, representing a total annual expense of about$51,000. B) The car allowances were last updated in January 2005 as part of the adopted budget. Since that time, however, fuel prices have increased markedly (see Exhibit 1). The federally-approved mileage reimbursement rate, which considers the full cost of vehicle ownership and operation, has increased from 40.5¢ per mile in 2005 to 58.5¢ per mile as of July 2008 (see Exhibit 2). The change reflects an increase of 44% over the past 3.5 years. V. DISCUSSION: A) At current (budgeted) rates, it costs the city at least $550 per month to own, operate and insure an administrative vehicle. To have the same service level (mobility) as that available via car allowance, the city would need to provide at least 15 administrative vehicles, representing a total annual cost of at least $100,000. B) Given the IRS mileage rate change over the past three years, the car allowance schedule should be increased by a factor of 45%. Even after such an increase, the annual cost (about $75,000) will still represent a savings of at least $25,000 annually and the car allowance will sustain the better service level (mobility), as each of the positions will continue to have the mobility they need when they need it. C) In view of the fact that those positions with a car allowance have absorbed the extraordinary cost increases over the past three years (especially since February 2007), it is recommended that the adjustment be retroactive to January 2008. 4(f) ��. La O co C N' �O.? i M C O N 0.��� N cc r V N i 7 O CO p co N CV cf� {OTC N Cl) i N Gy ! CO ,d N L o I `990p. a O cc 9O,N N cn CO N a�ati S/� i CN V, G1 -90,� S C i � O, N � CV s0.a aS so I N N SOT m s Ca Ca O O O O O C> C� o o ��� O LO O Cn C ) en o to O Cn O L6 1q: '4 M M N N Q� 69- Efl 6F} V), 69 ER V!)- 61? 63 f!} uolleE) .iad SOIJd CD 00 N '... '.�r�,' q PjtZ iF't, e-fi-'31 q ?�'ii }' `t, '' CD CN O ,6 i3k 7 i 3 V I i = OD O a LO � NM_ N tl3 CD AE W 47 } 04 ;i N LL L � f t q ' CN CN ii. ,n .r g � '.T-k.�'�i :[ ,spa,�;� .,x bfi .:, r�r 7.�. �t, cn (D Lo Nr N 1 LO CD y U') <E i,> C)N F� LL a 0 0 a a a a o ice- Cfl LO Nr M N r aliw aad s;ua3 Car Allowance A&CS Administrative & Community Services $280 Director Finance Manager $160 Accounting Supervisor $75 Information Services Manager $140 Facilities Manager $350 Customer Service/Utility Billing Manager $75 Information Services Specialist $85 C&ED Community& Economic Development $350 Director Senior Planner $260 Executive City Manager $350 Personnel Manager $120 Fire Fire Chief $350 Muni Court Court Administrator $75 Police Police Chief $350 PW/E Public Works Director $350 City Engineer $300 Plant Division Manager $280 Field Division Manager $350 AGENDA REPORT FOR: City Council July 18, 2008 TO: Gary Crutchfie ger W/Shop Mtg.: 07/28/08 Stan Strebel, jpi ra Fireector& Community Regular Mtg.: 08/04/08 FROM: Debbie Clark, City Clerk SUBJECT: Disposal of surplus property. I. REFERENCE(S): 1. Memorandum from David Renzelman, Crime Specialist/Evidence Technician 2. Proposed Resolution IL ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/28: Discussion 8/04: Motion: I move to approve Resolution No. authorizing the sale of seized/asset forfeiture property considered surplus to City needs. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The Police Department has acquired 53-weapons through seized/asset forfeiture. The weapons have been processed through the Police Department and are now available for disposal through a Licensed Federal Firearms Dealer (required by State law). The weapons are considered surplus to City needs. B) No minimum price is suggested for each weapon. Staff requests Council to declare the weapons surplus to City needs, and authorize staff to sell at auction through a Licensed Federal Firearms Dealer for a price that is in the best interest of the City. The only other lawful option is to destroy the weapons. C) Staff proposes to have the auction consigned to H.A. Rowell Auctioneers, Licensed Firearms Dealer, for a 25% commission on the gross proceeds from the sale with no charge for transporting the items to auction or advertisement thereof. D) In comparison with other auctioneers, this proposal is most advantageous to the City. 4(9) ORIGINAL Pasco Police Task t Seizure/Asset Forfeitures Evidence Inventory Disposition Request 18 July 2008 Below is a list representing weapons that have been approved by the Chief of Police for disposal as excess property. The individual value of each of the weapons described is less than $2,000 each- i request that each of these weapons be classified as surplus equipment and disposed of through and to only Licensed Federal Firearms Dealers. CF# BC# Make Model Caliber Serial# 0000473 27079 H&R 904 0.22 AX 160035 0003240 27273 Sig Sauer P229 0.357 AE27999 0029215 28819 Thompson 0.45 AOC36503 00-29116 28848 Beretta 70S 0.38 A39321 Y 0110169 30193 S&W 686 0.357 ADWO721 0113663 30382 Normco 1911A1 0.45 604442 01-01085 29344 Taurus PT 92 AF 9mm L80776 0233812 37321 Ruger 022 13-71917 0235039 37444 interarms M877 0.357 17264055 0310027 38427 Browning 04 513MZ50394 0311488 41024 H&R Revolver 0.32 AJ248W 0311488 42864 H&R Revolver 0.32 AJ26559 0322239 39073 Taurus .38 Special 038 PA40862 0338348 40433 S&W 411 VAC0588 0338349 40432 Ruger Blackhawk 0.44 8540947 03-05618 38078 Ruger M7'Il Long Rifle 0.22 21644859 0413699 41617 Ruger Police Svc 6 0.357 155-81251 0539489 306529 Remington Super Magnum 0.12 C310749A 0538499 306583 Glock 19 9mm FCB859US 05-32087 298227 BERSA Thunder 380 0.38 679516 05-37666 303549 Colt Junior Colt 0.25 78313 cc 05.40537 308662 Springfield Savage Amts 120 0.22 P626558 05-44701 313869 New England SBI 12 NK255944 0612776 329129 Marlin 60 0.22 4132798 0625944 343754 Remington 12-A 0.22 496142 06-00601 330723 Ruger P89 9mm 314-19951 06-18070 334504 Ruger P89DC 9mm 304-96048 06-21895 338632 Beretta 92FS 9mm BER126741Z 06-26346 344978 Mag Max SSP-86 0.357 74 06-30738 349900 Astra A-100 9mm 5395A 06-35981 356776 Ruger 22-Oct 22 248-39481 06-37037 358046 Witness EAA-HIALEAII-FLA 9mm AE44328 0639265 359325 Colt Revolver 0.357 61303SA 0707101 377177 Rossi Rifle 0.22 G24390 0707101 377178 Winchester Rifle 0.22 699867 07-25070 394341 Taurus PT 145 0.45 NYK53937 0725070 394329 Ruger 10/22 Carbine 0.22 246-75009 07-25070 394332 Remington 870 Express 0.12 B242186M 07-25070 394327 Winchester 64 0.32 301695 07-33681 402678 Glock 26 9mm EYZ515 07-34356 403074 Stoeger Arms 0.38 595080 Pasco Police Task 2 Seizure/Asset Forfeitures Evidence Inventory Disposition Request 18 July 2008 CF# BC# Make Model Caliber Serial# 07-05880 417627 Intetarms PPK/S 0.38 5002097 07-45880 417624 Beretta 84BB 9mm D42717Y 08-06557 422800 Colt .38 Special 0.38 P-21630 92-00015 11984 Colt Super.38 Auto 0.38 169189 95-28160 266940 Beretta 92F 9mm D551982 98-28557 24605 S&W 66-1 0.357 77K9065 99-08415 25319 Beretta 86 Cheetah 0.38 G08294Y 99-12764 25582 Colt MK 1V/Gov't 0.38 FR 10386E 99-12890 25586 Beretta 92FS 9mm BM 52429Z 99-21298 26005 Browning 6.35mm 419158 99-24122 26167 H&R 676 0.22 AT107517 99332._` 26858 S&W 5906 9mm TCB1900 David Renzelman,Crime Specialist Certified Evidence Technician RESOLUTION NO. A RESOLUTION authorizing the sale of forfeiture/unclaimed asset property surplus to City needs. WHEREAS, there are certain items of forfeiture/unclaimed asset property acquired by the Pasco Police Department and property is surplus to City needs; and; NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: The items of forfeiture/unclaimed asset property listed below are declared surplus property and city staff is authorized to sell such property at public auction through a Licensed Federal Firearms Dealer: SECTION 2: The city staff is hereby authorized to dispose of said surplus property at auction for a price that is in the best interest of the City. Make Model Cal. Serial No. Make Model Cal. Serial No. Make Model Cal. Serial No. H&R 904 0.22 AX160035 Remington Super 0.12 C310749A Taurus PT 145 0.45 NYK53937 Magnum Sig Sauer P229 0.36 AE27999 Glock 19 9mm FC5859US Ruger 10122 0.22 246-75009 Carbine Thompson 0.45 AOC36503 SERSA Thunder 0.38 679516 Remington 870 0.12 B242186M 380 Express Beretta 70S 0.38 A39321Y Colt Junior 0.25 78313 cc Winchester 64 0.32 301695 Colt S&W 686 0.36 ADW0721 Springfield Savage 0.22 P626558 Glock 26 9mm EYZ515 Arms 120 Norinco 1911A1 0.45 604442 New SBI 12 NK255944 Stoeger 0.38 595080 England Arms Taurus PT 92 AF 9mm L80776 Marlin 60 0.22 4132798 Interarms PPKIS 0.38 S002097 Ruger 0.22 13-71917 Remington 12-A 0.22 496142 Beretta 84BB 9mm D42717Y Interarms M877 0.36 F264055 Ruger P89 9mm 314-19951 Colt .38 0.38 P-21630 Special Browning 0.4 513MZ50394 Ruger P89DC 9mm 304-96048 Colt Super 0.38 169189 .38 Auto H&R Revolver 032 AJ24809 Beretta 92FS 9mm BER126741Z Beretta 92F 9mm D551982 H&R Revolver 0.32 AJ26559 Mag Max SSP-86 0.36 74 S&W 66-1 0.35 77K9065 7 Taurus .38 0.38 PA40862 Astra A-100 9mm 5395A Beretta 86 0.38 G08294Y Special Cheetah S&W 411 VAC0588 Ruger 22-Oct 22 248-39481 Colt MK IV/ 0.38 FR10386E Gov't Ruger Blackhawk 0.44 85-40947 Witness EAA- 9mm AE44328 Beretta 92FS 9mm BER15242 H IALEAH- 8Z FLA Ruger MT II Long 0.22 216-44859 Colt Revolver 0.36 61303SA Browning 6.35 419158 Rifle mm Ruger Police Svc 0.36 155-81251 Rossi Rifle 0.22 G24390 H&R 676 0.22 AT107517 6 Winchester Rifle 0.22 699867 S&W 5906 9mm TCB1900 PASSED by the City Council of the City of Pasco this day of August, 2008 Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Lee Kerr, City Attorney