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HomeMy WebLinkAbout2010.07.26 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. July 26, 2010 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Tourism Promotion Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated July 19, 2010. 2. Proposed Contract. 3. Graph, Hotel Taxes 2000-2009. (b) Lewis Street Overpass Design Concepts: 1. Agenda Report from Stan Strebel,Deputy City Manager dated July 20, 2010. (c) Lewis Street Overpass Property Acquisition: 1. Agenda Report frorn Stan Strebel, Deputy City Manager dated July 9, 2010. 2. Notice to Property Owners. 3. Proposed Ordinance. 4. Map of Potentially Affected Properties. (d) 2011 Community Development Block Grant Allocations and Annual Work Plan (MF #CDBG 10-012): 1. Agenda Report from Angela R. Pitman, Block Grant Administrator dated July 20, 2010. 2. 2011 CDBG Fund Recommendation. 3. 2011 CDBG Summary of Proposals. 4. Planning Commission Minutes 6/17/10 and 7/15/10. (e) Recommendation of the Regional Facilities Oversight Committee: 1. Agenda Report from Stan Strebel, Deputy City Manager dated July 19, 2010. 2. Executive Summary. 3. Study of Potential Regional Centers, 4. Memorandum on Implementation of Regional Center Projects. 5. Substitute House Bill 2525 (2010 Regular Legislative Session). 6. lnterlocal Cooperation Agreement, 7. Bylaws-Tri-Cities Regional Public Facilities District. 8. Regional Facilities Oversight Committee Participants. 9. Estimated Budget/Timetable. 10, Proposed Resolution. [Attaclunents in Council packets only; copy available for public review in the City Manager's office, the Pasco Library or on the city's webpage at http://www.pasco- wa_cov/webapp city QP ine lreoorts (dated 6128!10),] (t) Disposal of Surplus Firearms: 1, Agenda Report from Stan Strebel, Deputy City Manager dated July 6, 2010. 2. Proposed Itesnlution. (g) Professional Services Agreement for Park and Recreation Plan Update: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated July 19, 2010. 2. Proposed Agreement. (h) Self Contained Breathing Apparatus Purchase: 1. Agenda Report froze Robert Gear, Fire Chief dated July 20, 2010. 2. Resolution 3259, Sole Source Purchase. 3. Purchase Quotation from ScaWestern. Workshop Meeting 2 July 26,2010 (i) Bargaining Contract for Uniformed Police Department Represented Employees: I. Agenda Report from Lynne Jackson,Human Resources Manager dated July 21, 2010. 2. Proposed Collective Bargaining Agreement. 3. Memorandum of Agreement. (Council packets only; copy available for public review in the Human Resource office, the Pasco Library or on the city's webpage at htt :L'/tiy-, wa5co- w•a•tav/wcbam'citvcouncilreport 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (h) (c) 7. ADJOURNMENT REMINDERS: 1. 4:00 p.m., Monday, July 26, Port of Benton — Hanford Area Economic Investment Fund Committee Meeting. (COUNCILMEMBER AL YEIMNEY,Rep.; SAUL MARTINEZ, Alt.) 2. 3:30 p.m., Tuesday, July 27, 11315 W. Court Street — Westside Water Plant Dedication Ceremony. (MAYOR MATT WATKINS)(ALL COUNCILMEMBERS TNVITED TO ATTEND) 3. 11:30 a.m., Wednesday, July 28, Three-Rivers Convention Center — Network Tri-Cities Luncheon "Recovery Act Progress at Hanford." (COUNCILMEMBER MIKE GARRISON) 4. 5:30 p.m., Thursday, July 29, 710 W. Court Street— Benton-Franklin Conununity Action Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) 5. 7:30 a.m., Friday, July 30, Richland City Council Chambers — Hanford Communities Governing Board Meeting. (COUNCILME'NIBER MIKE GARRISON, Rep.; AL YENNEY, Alt.) ACENDA REPORT TO: City Council July 19, 2010 FROM: Gary Crutch 1 I �� Manager Workshop Mtg_: 7/26/10 Regular Mtg.: 8/2/10 SUBJECT: Tourism Proi tion Agreement 1. REFERENCE(S): 1. Proposed Contract 2. Graph, Hotel Taxes 2000-2009 11. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 7/26: Discussion 8/2: MOTION: I move to approve the five-year agreement with the Tri-Cities Visitor & Convention Bureau for promotion of tourism and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Approximately $100,000 annually; Stadium and Convention Center fund IV. HISTORY AND FACTS BRIEF: A) The City of Pasco, as many other cities around the state, initiated collection of the hotel-motel tax (room tax) in the early 1970s- At that time, the room tax was to be used for construction and operation of stadiums and convention centers. State law was subsequently changed to include "promotion of tourism" as an eligible activity for the room tax funds. B) The city began contracting with the Tri-Cities Visitor & Convention Bureau (Bureau) in that decade and has continued to do so since. In 1995, the city agreed to a new contract arrangement whereby a fixed percentage of the previous Five-year rolling average annual receipts was to be paid to the Bureau for its visitor/tourism promotion services. The same contract was established for the cities of Kennewick and Richland as well, resulting in about 50% of the two percent room tax throughout the Tri-Cities being allocated for the Bureau's effort to promote tourism for the Tri- Cities region. C) The effort of the Bureau to promote visitor traffic within the Tri-Cities is strongly evidenced by the growth in room tax collected by the city over the past five years in particular. Though Pasco has the fewest of available hotel rooms compared to the other two cities, substantial growth has occurred in part due to the Bureau's implementation of an effective sports marketing division. That effort makes better use of the unique facilities developed by the city over the past 15 years in the vicinity of TRAC (soccer complex, softball complex, etc.). V. DISCUSSION: A) The need for visitor promotion effort is clear and the success of the Bureau in its pursuits is evidenced by the city's growth in room tax receipts. The proposed contract is substantially the same as the previous one and staff recommends its approval. 4(a) AGREEMENT FOR THE PROMOTION OF TOURISM THIS AGREEMENT is entered into between the CITY OF PASCO, a municipal corporation, hereinafter referred to as the "City", and the TRI-CITIES VISITOR AND CONVENTION BUREAU, a non-profit corporation, hereinafter referred to as the `Bureau," For the mutual considerations set forth herein, the parties agree as follows: 1. The Bureau agrees to perform promotional services for the City including, but not limited to, advertising, publicizing and otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion to and within the City. In providing such services the Bureau shall: 1, Develop and implement a marketing and promotional plan that advertises and promotes the Tri-Cities and the City for the purpose of attracting visitors. Appropriate activities would include the publication and distribution of a visitor guide, brochures, participation in travel shows, conducting advertising campaigns and other activities designed to promote the attractions of this area in targeted markets. 2. Manage and execute a comprehensive website and internet marketing campaign designed w educate travelers; assist local tourism businesses in staff recruitment & relocation efforts, and complement City economic development strategies. 3, Provide City staff with accurate and detailed information on tourism statistics including but not limited to hotel occupancies, economic impact figures, and group histories to support the City's efforts to recruit businesses within the hospitality industry. 4. Act as a membership organization and liaison to small businesses located in Pasco that are dependent on tourism spending for financial success. 5. Solicit convention business and sports tournaments for the Tri-Cities and the City at the regional and state level through activities such as: A. Calling upon convention and sports planners and executives of organizations and groups to solicit sports, meetings and conventions in the Tri-Cities and the City. B. Researching convention and sports leads and contacting convention representatives of association groups and tournament representatives of sports groups, promoting the Tri-Cities and the City and offering convention and sports planning assistance. C. Preparing and distributing invitational convention and sports packets including information on the Tri-Cities and the City and the convention and sports facilities available therein. 6. Provide prospective sports organization and convention representatives with familiarization tours of venues and convention hotel facilities in the Tri-Cities and the City for the purpose of assisting in the selection of a hotel(s) and/or other venues in which to hold sports tournaments, conventions and meetings. AGREEMENT FOR THE PROMOTION OF TOURISM Page I of 3 7, Provide convention chairpersons and/or association executives and sports tournament directors with a bid packet and a planner's workbook to assist in planning conventions and/or sports tournaments. 8. Assist future conventions and sporting events in maximizing attendance through pre- event promotion. Produce promotional brochures, flyers, press releases, display booths and marketing materials to be used twelve to eighteen months prior to the event to increase awareness and create enthusiasm for attendance at Tri-Cities events. 9. Operate a visitor information center in the Tri-Cities, providing literature and information to visitors to the Tri-Cities and the City and encouraging visitors to stay in the area. The visitor information center includes a toll free (8004) call center, to encourage visitor inquiries nationwide. 10. Include advertising material in promotional packets and other releases promoting regular Tri-City activities and events. 11. Reserve a seat on the Bureau's Board of Directors for representation by the City Manager or City Council Member. 12. Specific activities to be undertaken by the Bureau each year reflecting actions to be taken in the above-noted categories of service shall be detailed in an annual work plan, The work plan will be presented to the City for approval in February of each year. II. For the services herein contemplated and more fully described in the annual work plan, the City agrees to pay the Bureau fifty percent (50%) of the annual average hotel/motel tax receipts of the City collected from the first two percent (2%) levied for the five year period immediately preceding each year of the contract period. The Bureau shall invoice the City for such services on a monthly basis on the I" of each month for the services provided the month prior. On or before August 15 each year, the Bureau shall deliver a mid-year review and provide a written status report detailing the services provided and the activities and accomplishments of the Bureau. A formal presentation to the City Council will be made if requested. II1. Pursuant to the governing statute, RCW 67.28.1815, restrictions have been placed on the use of hotel/motel tax funds as set forth in relevant part as follows: "_used solely for the put-pose of paying all or any part of the cost of tourism promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities," Funding is conditioned upon the Bureau entering into this agreement setting forth the purposes for which the funds will be used, providing a procedure for a project-end accounting and insuring compliance with the statute. AGREEMENT FOR THE PROMOTION OF TOURISM Page 2 of 3 To this end, the parties agree as follows: 1. The Bureau agrees to expend such funds to promote tourism in compliance with RCW 67.28.1815. 2. At the conclusion of the calendar year, the Bureau shall provide a complete accounting of the expended funds and the purposes therefore. 3. In the event the accounting indicates that funds were used for purposes not permitted by RCW 67.28.1815 the Bureau shall, within 30 days or notification by City to the Bureau of such improper expenditures, remit the disallowed amount back to the City. 4. Failing of the Bureau to either provide the accounting or remit disallowed funds as required herein shall constitute a breach of this agreement. The remedies available to the City shall include but not be limited to, return of all funds delivered to the Bureau and denial of the right of the Bureau to apply for any future funding. 5. In the event suit is filed to enforce the terms and conditions of this agreement the non- prevailing party agrees to pay the costs and reasonable attorney fees of the prevailing pany• IV. This agreement shall be effective January 1, 2011 and shall expire on December 31, 2015; provided, however, the City may terminate the agreement with at least one (1) year written notice delivered to the Bureau. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this , day of , 2010. CITY OF PASCO: Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Lcland B. Kerr, City Attorney TRI-CITIES VISITOR AND CONVENTION BUREAU: John Bookwalter, Chairman of the Board Kris Watkins, President & CEO AGREEMENT FOR THE PROMOTION OF TOURISM Page 3 of 3 City of Pasco Hotel/Motel Tax History 2000 - 2009 250,000 200,000 150,000 100,000 i 50,000 --- 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 AGENDA REPORT FOR: City Council July 20, 2010 TO: Gary Crutchfiel �� y tanager Workshop Mtg.: 7126/10 FROM: Stan Strebel, Deputy City Manage 1 SUBJECT Lewis Street Overpass Design Concepts 1. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 7/26: Discussion 111. FISCAL IMPACT; IV. HISTORY AND FACTS BRIEF: A) JUB Engineering is proceeding with design of the Lewis Street Overpass project with a target to complete final design submittal by May 30, 2011. JUB has developed a number of alternative design concepts for Council discussion and consideration. V. DISCUSSION: A) Rick Door of JUB will attend the meeting to present the different design concepts. Council may wish to designate its preference by action at the meeting of August 2 or, in the alternative, hold additional discussion at the workshop of August 9 with a decision on August 16. 4(b) AGENDA REPORT FOR: City Council July 19, 2010 TO: Gary Crutchfiel i . anager Workshop Mtg.: 7/26/10 ® Regular Mtg.: 8/2/10 FROM: Stan Strobel, D uty City Manage;? -� SUBJECT: Lewis Street Overpass Property Acquisition I. REFERENCE(S): 1. Notice to Property Owners 2. Proposed Ordinance 3. Map of Potentially Affected Properties II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 7126: Discussion 812: MOTION: I move to adopt Ordinance No. authorizing the acquisition of real property necessary for the construction of the Lewis Street Overpass and, further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) State law requires a hearing process before the City can initiate condemnation proceedings on property deemed necessary for public purposes. The statute specifies that a public meeting at which the City will "infartr2 potentially affected property owners of record about the scope and reasons for a potential condemnation action" must be held by a "duly authorized representative of the City " Staff provided notice (see attached) of the required meeting by certified mail and by newspaper publication (as required by statute) and conducted the meeting an July 20, 2010. B) RCW 8.12 requires that condemnation proceedings be initiated by Ordinance. The attached, proposed ordinance identifies the potentially affected properties and authorizes the City Manager to begin the process of acquisition. While the ordinance is sufficient to establish the potential threat of condemnation, so that all property owners will have the benefits of law for the sale of property under such circumstances, it requires the City Manager to receive specific approval, by separate ordinance, to initiate condemnation proceedings for any properties that cannot be acquired by negotiation. C) HDR is in the process of completing appraisals of each of the properties to allow the acquisition process to go forward at this time, As JUB Engineers completes final design concepts and receives Council approval, the ultimate footprint of the overpass and any exceptions to the proposed property acquisitions can be determined. Staff will later present specific ordinances initiating a Petition for Condemnation for any properties that cannot be acquired by negotiation, V. DISCCJSSION: A) For the interest of Council, the meeting of July 20 was attended by some 45 individuals representing at least 9 of the 14 potentially affected property owners (25 parcels total). 4(c) NOTICE ACQUISITION OF REAL PROPERTY FOR THE CONSTRUCTION OF THE LEWIS STREET OVERPASS BY CONDEMNDATION NOTICE IS HEREBY GIVEN that the City of Pasco City shall conduct a public meeting regarding acquisition of real property by condemnation for the construction of the Lewis Street Overpass. This meeting shall be for the purpose of informing potentially affected property owners about the scope and reasons for a potential condemnation action. This meeting shall occur at 7:00 p.m., on the 20th day of July, 2010, at the City Council Chambers located at 525 North 3" Avenue, Pasco, Washington. The potential condemnation of the following properties will be considered by the Pasco City Council at 7:00 p.m. on the 26`x' day of July at the City Council Chambers with final action of the City Council at 7:00 p,m., on the 2nd day of August, 2010 at the City Council Chambers: Owner Parcel Number Tri-City Union Gospel Mission 112-035-182 112-035-191 112-035-208 Laborer's Union No. 348 112-035-164 112-035-173 Franklin County 112-083-120 Marco A. Cardenas 112-036-207 Blanca Fstela Diaz 112-036-172 Robert E. Olson 112-036-163 Don Wright 112-036-154 St. Vincent DePaul 112-036-127 112-036-136 112-036-145 Apostolic Assembly of Faith in Christ Jesus 112-036-065 112-036-074 112-036-083 112-036-092 112-036-109 Alyeskaflats, LLC/Delores Fields 112-036-118 J & M Investments 112-035-262 Jose A. Llamas and Victorina Llamas 112-035-226 112-035-235 Jose Llamma 112-035-253 Jesus Vera 112-035-244 Daniel H. Walsh and Judith IM. Walsh, Trustees 112-035-217 DATED this 1 st day of July, 2010. Gary rutchfield, 4y I, nager ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Authorizing the Initiation of a Petition for Condemnation of Real Property Necessary for the Construction of the Lewis Street Overpass WHEREAS, due to the deteriorating condition of the existing Lewis Street Railroad underpass of unnecessary replacement as required for the safe and efficient circulation of traffic for this major corridor connecting East and West Pasco; and WHEREAS, to facilitate this project, the City needs to acquire real property upon which the right-of-way and improvements of the Railroad Overpass will be constructed; and WHEREAS, other property over which the overpass improvements will be constructed are presently owned by various private property owners which will need to be acquired by the City to accomplish this project; and WHEREAS, the City, pursuant to Chapter 8.12 RCW, is authorized to acquire by eminent domain, such real property for public use after just compensation therefore has been made; and WHEREAS, after giving notice of this action pursuant to RCW 8.12.290, and having held a public hearing thereon, it is, hereby, determined to be in the best interest of the City to acquire such real property for this very important public use, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDIAN AS FOLLOWS: Section 1. Findings of Facts. A. The City Council does hereby find that the construction of the Lewis Street Overpass constitutes a public use as defined by RCW 8.12.030; B. The acquisition of the below-described parcels of real property, in part, or in its entirety, are necessary for the construction of the Lewis Street Railroad Overpass, thereby, constituting a public necessity; and C. The acquisition of the below-described real property is to be paid from the Arterial Street Fund, as supplemented by eligible State and Federal Grants without special assessment being levied therefore. Section 2. Description of the PropeM The real property to be acquired by eminent domain constitutes the following described property; Condemnation Ordinance Owner Parcel Number Tri-City Union Gospel Mission 112-035-182 112-035-191 112-035-208 Laborer's union Igo. 348 112-035-164 112-035-173 Franklin County 1 I2-083-120 Marco A, Cardenas 112-036-207 Blanca Estela Diaz 112 436-172 Robert E. Olson 112-036-163 Don Wright 112-036-154 St. Vincent DePaul 112-036-127 112-036-136 112-036-145 Apostolic Assembly of Faith in Christ Jesus 112-036-065 112-036-074 112-036-083 112-036-092 112-036-109 Alyeskaflats, LLC/Delores Fields 112-036-118 J & M Investments 112-035-262 Jose A. Llamas and Victorina Llamas 112-035-226 112-035-235 112-035-253 Jesus Vera 112-035-244 Daniel H. Walsh and Judith M. Walsh, Trustees 112-035-217 Condemnation Ordinance Section 3. Authorization for Condemnation. The City Manager shall be and hereby is authorized to proceed with the acquisition of the above-described real property by negotiation, and, if necessary upon approval by the City Council, initiation of a Petition for Condemnation of such real property in Franklin County Superior Court providing for the acquisition of such real property by eminent domain and for the determination of just compensation therefore. Section 4. This Ordhiance shall take full force and affect five (5) days after its approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, V�'ashington, and approved as provided by law this day of _ ,2010. Matt Watkins Mayor Pro Tern ATTEST: APPROVED AS TO FORM: Debbie Clark Leland B. Kerr Ciry Clerk City Attorney Condemnation Ordinance gob' !T A. At 42- -- .�' r • emir. Q ro_ L F - � ��r'r � �� f •; .- � SUS .. r t � -AI '� � 1 ��,'• '• V� i l 4 q ♦, l'�T G RIGHT Of'IIAY , OP NC11 6HT Ot WAY O Q 7YRIC L 5ECr1VN ° PARCEL ROW AREA PARCEL NUM R OWNER ADORE S PARCEL ROW AREA PARCEL NUMBER OWNER ADDRESS M& A 37W 112- M to6c Aesamb k,c 124 N TammA Q 3430 112-036-253 L a 6 J A M na 2 6- Lw B 8750 112-MS-183 W 122 N TucoMw R 7000 1124096-244 era 209 W L.ev& C 3315 112-03&172 Dt Slants Eelals 116 N T S 6800 112-036.235 Llamas Jose A d M=.ina 211 W D G7W 112436.161 Ch d Paam 110 N Tacoma T 7000 112-035426 Llamas,Jose A d'AdM o 213 W Lewis E 3250 112-006.190 Y. d aem U 14000 112-035.247 W Net 217 W LWs 6 F 9750 112-035-207 CIIq of Paaao 1 Carclenes.Maroc Arlan V 14000 112 1035.208 T-C Urico Gosvel M 231 W Laulle 9 G 7000 112.038-01d lolk Assam Y,c 110 W Clark w 14000 112-035-164 48 204 W lark H TORO 112-03 83 4olic Maem bw X 21000 1fY-035-173 Lahorer'a I 17349 W Clerk I 7DD0 112-036-092 Iblk Aaem Yfe Y 18500 112.03 182 Trl Union Goa MWsbn J x Ill-036-109 blic Aesem Ins Z 10500 i 12.036-111 Tri Ck Union Gospd Wsabn 116 N 2nd Ave K 5760 111-03&116 dPsew/ aab LLC AA X 112.063.175 of Pasta L 70DD 11Z,6036.154 rRy ofP"W)Wftfit Don AS 65D0 112-063-120 FrarM' M 700D 112.036143 Sadety of St.Vbc d Do Pau! 116 W Lewis AC fi500 112-083141 01 Pasco N 140% 11W-036138 So sfe of 31.Ir—rd De Peul 129 W Lewis AF X 112.083-176 of Pasco 0 7000 112-036-127 Sod al Si.Vc,aenl Da Pa�4 131 WLwAs BNSF I BYAGREEMENT P 4970 112-035.262 APA Invastrnertle 201 W LevAs ' ,�' 3 AGENDA .REPORT FOR: City Council Date: July 20, 2010 TO: Gary Crutchfield, Ci' na, er Workshop Mtg.: 07/26/10 Rick White, i Regular Mtg.: 08/02/10 Community & Econhmic Development Director P(,,✓..r FROM: Angela R, Pitman, Block Grant Administrator SUBJECT: 2011 Community Development Block Grant Allocations and Annual Work P an (MF# CDBG 10-012) 1. REFERENCE(S): 1. 2011 CDBG Fund Recommendation 2. 2011 CDBG Summary of Proposals 3. Planning Commission Minutes 6/17110 & 7/15110 11. ACTION REQUESTED OF COUNCIL/STAFF RECD-NIMENDATIONS: 07/26/10: DISCUSSION III. FISCAL IMPACT It is estimated that the 2011 annual entitlement grant will be $600,000, together with $150,000 available from program income, and $27,840 from prior year reallocations. The total available federal dollars for use in program year 2011 is $777,840.00 IV. HISTORY AND FACTS BRIEF: A. A Request for Proposals for 2011 CDBG funds was published in the Tri-City Herald and La Voz Hispanic newspapers. Seventeen (17) requests were received totaling $2,829,321. Approximately $777,840 will be available for funding 2011 activities. B. The Planning Commission held public hearings and discussion on June 17 and July 15, 2010. The public hearings solicited public comment on any application for funding, or reallocation for the City of Pasco 2011 Community Development Block Grant (CDBG) Program. At the public hearings, seventeen (17) presentations were made relating to proposed activities. Discussion at the July 15, 2010 meeting resulted in an amended work plan with the addition of the Highland Park Street Improvements as a backup project contingent upon ability to meet timeliness. C. A proposed significant amendment to the 2010 Annual Action Plan will transfer $65,000 of$92,840 available for reallocation and expedite the Martin Luther King Center HVAC Replacement project removing it from the 2011 Fund Summary. V. DISCUSSION A. Staff presented recommendations for funding at the July 15, 2010 Planning Commission meeting. The Planning Commission recommended approval of staff funding recommendations as presented. B. There is always some question regarding funding levels approved by Congress. Actual available funding for these FY 2011 activities will remain in question until the early part of 2011. when the allocation is made. If funding levels are lower than estimated, activity funding may need to be reallocated accordingly. 4(d) Reference 1 - 2011 CDBG Fund Recommendation Attachment 1 2411 CDBG Fund Summary-July 26, 2814 Attachment 1 Planning Commission Meeting Page 1 Proposals-Recommendations ID Recipients ACTIVITY 1 AGENCY NonCDBGMd1Ch Agency Staff PC Proposed NAME Requested Recommend Recommend Action City of Pasco-Community CDBG Program $0.00 $120,000.00 $120,000.00 $1120,000.00 $120,000.00 1 &Economic Development Administration City of Pasco- Administrative& Civic Center-Youth $45,500.00 $20,000.00 $20.000.00 $20,000.00 $20,000.00 2 Community Services Recreation Specialist City of Pasco- Martin Luther King Administrative& Community Center $100,500.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 3 Community Services Recreation Specialist City of Pasco- Administrative& Senior Citizen's Center $200,000.00 $40,000.00 $40,000.00 $40,000.00 $40,000.00 Q Community Services Recreation Specialist Anti-Gang Prevention/intervention $0.00 $1,365,586.00 $0.00 $0.00 $0.00 5 Charity Training Center Program Pasco Downtown Pasco Downtown Development Association- Development Commercial $40,420.00 $65,000.00 $50,000.00 $50,000.00 $50,000.00 5 SK Kitchen Pasco Downtown Development Association- Downtown Fagade $27,000.00 $80.000.00 $0.00 $0.00 $0.00 6 PDDA Improvement(2 fagades) Hispanic Chamber of Downtown Fagade $0.00 $80,000.00 $0.00 $0.00 $0.00 7 Commerce Improvement(4 fagades) Volunteer Chore Services $118,197.00 $6,000.00 $4,001).00 $4,000.00 $4,000.00 8 lCatholic Family Charities (12 households) $184,935.00 $100,000.00 $0.00 $0.00 $0.00 9 Jerico Roads Ministries Havensafe(8 Households) Boys&Gins Club of Benton&Franklin 50.00 $99,300.00 $11,000.00 $11,000.00 $11,000.00 10 Counties Energy Efficient Lighting City of Pasco- Administrative& 50.00 $150,000.00 $131,300.00 $131.300.00 $131,300.00 111 lCommunity Services Northeast Soccer Complex City of Pasco- Administrative& Senior Center Kitchen 50.00 $85,000.00 $0.00 $0.00 $0.00 12 Community Services Remodel City of Pasco- Administrative& Martin Luther King Center- $0.00 $65,000.00 $65,000.00 $65,000.00 $0.00 13 Community Services HVAC Replacement City of Pasco-Community $130,000.00 548,000.00 $48,000.00 $48,000.00 $48,000.00 14 1&Economic Development Code Enforcement Officer Neighborhood City of Pasco-Public Improvements-Phase 111 $300,000.00 $350,000.00 $333,540.00 $333,540.00 $333,540.00 15 Works (CT201$(32) Revitalization Specialist- City of Pasco-Community Economic Project Delivery $0,00 $40,000.00 Sono $0.00 $0.00 17 &Economic Development for NRSA Proposed Projects(17) $1,146,552.00 $2,733,886.00 $842,840.00 $842,840.00 $777,640.00 City of Pasco- Administrative& "Highland Park Street $23,655.00 $150,000.00 $150,000.00 $150,000.00 $150;000.00 18 Community Services Improvements "Project proposed contingent on meeting timeliness ratio $1,170,207 00 $2,883,886.00 $992,840.00 $992.840.001 $927,840.00 Entitlement(2011 Estimated) $ 600,000 Program Income(2010 Estimated) $ 150,000 Prior Year Reallocations(2008-2009) $ 27,840 Total Funds Available $ 777,840 Proposals Recommended $ 927,840 "SURPLUSI(DEFICIT FOR BACKUP PROJECTS) $ (150,000) 7/20/2010 Reference 2 - CITY OF PASCO 2011 CDBG Summary of Proposals 2011 COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSAL SUMMARY—JULY 261) 2010 1 CDBG Pro ram Administration—Re uested: $120,000 Recommended: 5120,000 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. Requesting full 20% cap due to number of projects ongoing this program year. 2 Civic Center -Youth Recreation Specialist—Requested: $20,.000 Recommended: ! 20,000 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 and families in low-to-moderate income Census Tract (202). Consistent with funding in 2010,public services are capped at no greater than 15% of current entitlement plus prior year program income. 3 Martin Luther King Community Center Recreation_ Specialist—Requested: 520.000 Recommended: $20,000 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 at risk school age , youth, and families in Census Tract (201). Consistent with funding in 2010, public services are capped at no greater than 15% of current entitlement plus prior year program income. 4 Senior Citizen's Center Recreation Specialist —ReSjuested $40,000 Recommended: $40,000 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 of Pasco with support services, nutrition, health and living skills support. Consistent with funding in 2010, public services are capped at no greater than 15% current entitlement plus prior year program income, 5 Anti-Gang Prevention/Intervention Program—Requested: 51,365,586 Recommended: SO CDBG funds are requested to estalish relevant anti-gang prevention programs to meet the needs of low-income gang/anti-gang members and their families in the community. New public service activity, funds requested exceed the public service cap. 6 Pasco Downtown Development Commercial Kitchen-lteuuested: $65,000 Recommended:_$50000 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). Reduction consistent with prior year funding levels. It is estimated 16 FTE jobs will be created at least 51% to be held by LMI individuals. 7 Downtown Facade Improvement 0 —Re ested: 50,000 Recommended: $0 CDBG funds are requested to support business to continue downtown fagade improvements, for new projects are anticipated for 2009 (Census Tract 202). It is estimated that 4 business will be assisted with fagade improvements. 8 Downtown Fa •ade Improvement [4 facadesi HCC—Requested: $80,000 Recommended: $0 CDBG funds are requested to support business to continue downtown fagade improvements, for new projects are anticipated for 2009 (Census Tract 202). It is estimated that 4 business will be assisted with fa4ade improvements. 9 Catholic Family Volunteer Chore Services (12)—Requested: $6,000 Recommended: $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). It is estimated that 12 elderly households,typically very low income, will be assisted. 10 Havensafe Domestic Violence Transition al/Emer ncv Housing— Requested: $195,435 Recommended: $0 CDBG funds are requested for acquisition/rehabilitation of a 6,000 square foot 2 safe house suitable to provide 15 additional bed spaces for persons experiencing domestic violence in Pasco. It is estimated that 15 bedspaces will be made available, and 28 Pasco residents served. 11 Boys & Girls Club - Program Space Rehabilitation (asbestos floor rentoval/obsoletc light replacement) —Requested: $99,300 Recommended: $111000 CDBG funds are requested to replace remaining obsolete light fixtures with energy efficient and safer fixtures, and remove asbestos flooring in the building where floor covering are wearing through. Obsolete light fixture replacement estimated at$11,000. 12 Martin Luther Mug Community Center-Enerzy Efficient HVAC & Hot Water Unit Replacements—Reuuested: $65,000 Recommended: $65}000 to be completed in 2010 CDBG funds are requested to replace outdated and failing 14VAC systems and unsafe hotwater tanks at Martin Luther King Center with energy efficient units reducing energy costs and increasing safety at the facility. HVAC systems have currently surpassed their life expectancy. This facility primarily serves low-moderate income families in Census Tract 201. 13 Northeast Soccer Complex— Requested: $150,000 Recommended: 5131,300 CDBG funds are requested to construct a soccer complex in Census Tract 203 which will be used primarily by the Hispanic Soccer League. This project will serve residents of Census Tracts 201, 202, 203 and 204, neighborhoods that are made up of primarily low-moderate income families. There is another complex located in Census Tract 206, which serves regional needs for competitive soccer tournaments. Soccer is a very popular sport in the Pasco area. This complex will primarily serve Census Tracts 201, 202, 203, 204 having a high population of Hispanic families. The primary user will be the Hispanic Soccer League. 14 Senior Citizen's Center.Kitchen Remodel—Reuested: $85,000 Recommended: $0 CDBG funds are requested to renovate the Senior Center kitchen. The kitchen is designed for preparation of foods from scratch and has outdated appliances that no longer function and in some cases are now obsolete. In this state, it does not meet current needs. CDBG funds would remove obsolete mixers and steamers, make more counter space available, provide for larger ovens and replace failing walkin refrigerator and freezer with energy efficient models reducing energy 3 requirements and providing for more assured food safety. This kitchen serves the area Meals on Wheels program for seniors. 15 Code Enforcement Officer—Requested: $48,000 Recommended: $48,000 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), It is estimated that code enforcement activities will help arrest the decline of distressed neighborhoods, thereby assisting with revitalization efforts. 16 Kurtzman Park Neighborhood Improvements- Phase 111 fCT201BG21 - Reguested: $350,000 Recommended: $333,540 CDBG funds are requested to provide curb, gutter, sidewalk and roadway improvements in low-income neighborhood (Census Tract 201). This is the construction phase of a multiple year project This project is estimated to provide special assessment assistance to 50 households for installation of basic infrastructure in 2012. 17 Neighborhood Revitalization Strategy Area Specialist—Requested: $40,000 Recommended: $0 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 within the proposed Neighborhood Stabilization Strategy Area. Staff is needed to undertake significant revitalization strategies for residential and commercial properties in a proposed Neighborhood Revitalization Strategy Area. It is estimated 4 business will be assisted. 18 Hi had Park Street Construction—Requested: 5150.000 *"Reconinio aded: 5'150,000 CDBG fundes are requested for design and construction of street improvements adiacent to Highland Park. The park which is located in Census Tract 201 and serves primarily low-moderate income neighborhoods. The percent of low-mod income persons ranges from 68.8% in Block Group 1 to 81.2% in Block Group 5. Overall it is a 74.6 percent low-moderate income neighborhood. S"taff'r°ecom.mends this project be approver as u backup project contingent upon itc ability to meet timeliness. 4 Reference 3 - 6117110 Planning Commission Minutes PLANNING COMMISSION MINUTES June 17, 2010 A. CDBG 2011 Community Development Block Grant Allocations (Citywidel (MF# CDBG 10-012) Chairman Cruz read the master file number and asked for comments from staff. Angela Pitman, Block Grant Administrator, stated per Resolution, City Council has named the Planning Commission as the advisory board for Community Development Block Grant Program. This is the first of two public hearings for allocation of CDBG funds for program year 2011. In compliance with the citizen's participation plan notice of this public hearing was published in the local section of the Tri-City Herald and LaVoz's hispanic newspaper. in 1974 the Housing and Community Redevelopment Act was enacted by Congress and is commonly known as the Cran ston-Gonzalez Act. Title 1 of the Act created the CDBG program replacing eight separate competitive programs and rolling them in to one formula grant. In order to receive a grant, you must be an entitlement city or an urban county. The City of Pasco qualifies as an entitlement city and received an entitlement based on a formula that considers both housing conditions and income levels in the city. Requests for proposals are solicited and reviewed in accordance with the goals of the Consolidated Plan and the City of Pasco priorities. Eligible activities from the Annual Action Plan form the annual work plan. The Annual Action Plan also serves as the City's application for entitlement funds and must be submitted to HUD for approval by November each year. The purpose of the CDBG program is to develop viable communities by expanding economic opportunities, providing suitable living environments and decent housing. Eligible activities must meet one of three national objectives which are. to either benefit primarily low-moderate income persons, aide in the prevention or elimination of slum and 'blight or meet urgent community needs. They also must meet eligible activity criteria as specified in 24CFR570. For 2011 it is estimated that the City will receive an annual entitlement of approximately $600,000, plus $150,000 of prior year program income and plan to reallocate approximately $92,540 from prior year activities. That makes $842,840 available for 2011. The City of Pasco can either perform the work itself with City staff and contractors or we can form partnerships with local non-profit or other government agencies. Eligible program partners can be a sub-recipient, contractors, or a community based development organization that meets special criteria that is identified in 24CFR570. The City received 17 proposals totaling approximately $2.8 million with $842,000 available which leaves a deficit of approximately $1.9 million. After preparation of the Annual Action Plan there will be a 30-day public review period which would end on October 15, 2010 and will be submitted to HUD on November 15, 2010, The goals for the Consolidated Plan have been revised, two of the smaller goals were combined into one goal due to similar characteristics. Applications are categorized by project types and goals. Rick White, Community 8v Economic Development Director, stated a table has been provided with the recipients listed which consists of the agency name, the non-CDBG match, agency request and what City staff has recommended. Ron McHenry, Boys and Girls Club, 801 N. 181h Avenue, Pasco, presented his request for carpet replacement, asbestos removal and installation of energy- efficient lighting. Shari Hallman, Catholic Volunteer Services, 2110 W. Henry, presented her request for $4,000 for wheelchair ramps to improve mobility for elders and people with disabilities. Luisa Alaniz, Anti-gang prevention/intervention program, Charity Training Center, presented her request for $1,365,582.50 to create a center for the Tri- City area. This bilingual program provides a curriculum for gang prevention/intervention. They would provide alternative education and a center. Chairman Cruz questioned the dollar amount request and that there is no CDBG match listed. Ms. Alaniz stated they are requesting 100% to be funded by CDBG at this time due to the fact they are unable to develop funding sources until later in the year. In August they expect an endowment of the arts and in July funds from ESL. Amy Shultz, Jericho Road Ministries, 2500 Jericho Road, presented her request for funds for acquisition of an existing structure which would house 15 women and children which would reduce homelessness. They would provide emergency housing as well as transitional housing to aide in a sustainable situation for victims of domestic violence. Commissioner Kempf questioned on the location of the proposed facility. Ms. Shultz stated it is located in Pasco. Chairman Cruz questioned the dollar amount secured to date. Ms. Shultz stated there is $12,000 designated towards this project. Chairman Cruz questioned if they were 5%-8% of where they need to be to purchase this structure. Ms. Shultz stated yes they do have a lot of in kind support as well. The owner is donating a portion of the house. The majority of the grant funds would be used to make repairs and upgrades in the home. Chairman Cruz questioned if they take the cash and donated portion of the house, where does that leave you. Ms. Shultz stated $112,000. Gloria Garcia, Pasco Downtown Development Association, 720 W, Lewis Street, presented her request for downtown fagade improvements. She mentioned her connection with CBC and their program FIRST which works in conjunction with the downtown area. Commissioner Lukins questioned the carryover amount from last year. Ms. Garcia stated the carryover is for the projects that will be completed this year. Ms. Pitman stated there are two program years of carryover, one for $84,000 and another for $80,000, which allows for eight facades. Three facades have been approved and four are in the process and there is still one yet to be identified. Ms. Garcia stated she is working with the architect to make changes with the owners. She mentioned that Super Mex and Viera's bakery are the anchors of the downtown. Another business is adding awnings to their building. Her focus is to get Lewis Street from 3rd to 4th on both sides completed. Chairman Cruz questioned staff on their recommendation for zero funds. Mr. White stated the amount of carryover. Victoria Silvernail, Executive Director Pasco Specialty Kitchen, stated her request for $65,000 for the incubator kitchen for small businesses which allows a start up at low cost to get their business going. They teach marketing skills and help set up a business plan with in-house classes and work with CBC, TRIDEC and Numerica Bank. Seven jobs have been created, nine clients are in their own storefronts with one client ready to sign a lease. They are focusing on working with farmers and manufacturing their product. They have the Commercial Foods Academy from Pasco High School which uses their facility. Chairman Cruz mentioned the staff recommendation is less than her request and wants to know if there are concerns. Ms. Silvernail stated she understands staff is dealing with a lot of requests and is constantly looking for more funding. She spoke to a group in Spokane who is looking towards building an incubator kitchen. She mentioned they would make budget cuts if needed. Tri-Cities Hispanic Chamber of Commerce did not have a representative for the request for the four downtown facade improvements. Rick Terway, Director of Administrative and Community Services, stated his requests for recreation specialists at the Martin Luther King Center and City Hall provide for after school programs as well as others for kids in the area. He also has requested funding for the recreation specialist at the Senior Center. There is a foot care specialist and dental hygienist, which serve the Senior Center. The northeast soccer complex request is geared towards the Hispanic soccer league as well as the YMCA. The soccer fields at Road 36 are not in good shape and are costly to repair and maintain. The soccer project is estimated at $850,000, which includes the parking pad funds, and they are applying for a state recreation conservation grant match and general funds that will make this project come to fruition. It is proposed to create eight fields with ample parking and no on street parking with a picnic shelter and a play structure area. The next proposal is for the Senior Kitchen remodel. The equipment is outdated and the refrigeration units are at the end of their life and need to be replaced. The last request is for the Martin Luther King Center replacement of the HVAC system. Mr. White stated his request for the Code Enforcement Officer is completely dedicated to prevention of neighborhood decline in low-moderate income census tracts. The officer works exclusively in low-moderate income tracts. The CDBG program administration provides the entire administration for the CDBG and HOME program. In 2006, the Kurtzman Neighborhood requested improvements for curb, gutter, sidewalks, storm drainage, street lighting, increased Code Enforcement and Police patrol. The Kurtzman Park Neighborhood is a large request for $350,000 for 2011 and a similar request for 2012, which will provide curb, gutter, sidewalk, storm drainage, street lighting and widening the pavement, which is associated with a new street. The Public Works department will be installing utilities such as sewer and water. The proposal for 2012 would consist of LID assistance for qualifying households. The request for a Neighborhood Revitalization Specialist is for staff funding. This position would focus on economic development and administer HOME programs. Chairman Cruz asked for clarification from staff on which direction to go on this item. Mr. White stated discussion to give staff direction would be appropriate, a second public hearing would be held in July and would be used to clarify proposals. Commissioner Hay stated Ms. Pitman has done an excellent joh and is in favor of staff recommendations. Chairman Cruz agreed. Once the Boys and Girls Club clarifies the asbestos issue, he would put Catholic Family Charities and the Senior Center Kitchen remodel as the next priority programs for funding. Chairman Cruz opened the public hearing. Kim Keltch, Domestic Violence Services Coordinator, Pasco Police Department, stated she partners with Jericho Road Ministries. She mentioned cases where there are no options for individuals to leave this community. The Tri-Cities does not provide resources to meet the needs for victims of domestic violence and their children to remain in the Tri-Cities. This facility would prevent children from having to relocate schools, etc. Approval for this request allows opportunities for other funding. Chairman Cruz stated he would like to see more funds in the bank before they could move forward. Ms. Keltch stated they need this endorsement to move forward. The public hearing was closed. Reference 3 - 7/15/10 Planning Commission Minutes PLANNING COMMISSION MINUTES July 15, 2010 A. CDBG 2011 Community Development Block Grant Allocations (Citywide) (MF# CDBG 10-0121 Chairman Cruz read the master file number and asked for comments from staff. Angie Pitman, Block Grant Administrator, stated this item was presented at the June 17, 2010 meeting. There are two changes since the last meeting, Item 9, Jericho Road Ministries submitted a change to their original request; and Item 18 for the Highland Park street improvements was submitted as a back- up project. Commissioner Anderson questioned Ms. Pitman on a deadline when proposals are to be submitted. Ms. Pitman stated there is an informal process for deadlines for projects and the proposal for the Highland Park street improvements was submitted internally as a back-up project to meet the criteria for timeliness issues. Such a back-up plan would be structured such projects of similar type and funding could be substituted without need for a significant amendment. Chairman Cruz opened the public hearing. Amy Shultz, Jericho Road Ministries, 4952 Peony Street, West Richland, stated they submitted a revision due to new resources. Statistics for domestic violence calls were presented and one-third of the calls were related to victims from someone other than the intimate partner. The Esther Program provides for motel housing, food and transportation to victims and plans to expand housing options for the victims. Chairman Cruz mentioned this project has been proposed in the past and asked for a description of the funds already in place for this project. Ms. Shultz stated the majority of their funds are in-kind donations and pledges. Groups volunteered to do renovations, eliminating the need for those funds. Cash donations from anonymous sources will be used to equip the house. Total fundraisers over the next year total approximately $300,000. Chairman Cruz asked if they had $100,000 to purchase the house, when acquisition would begin. Ms. Shultz stated immediately, Chairman Cruz questioned when operations would begin. Ms, Shultz stated within one year. Commissioner Anderson stated he is in support of this project.. However, the request is significant and he would feel more comfortable if they were further along in their grant applications and approvals. He would like to see this application a year from now. Chairman Cruz stated if the first year's operating funds were already secured, then the request for CDBG funds would be more appropriate. Gloria Garcia, Pasco Downtown Development Association (PDDA), stated since the last meeting inquiries have been received from six property owners for facades in the downtown area. Interested businesses include owners of City Lube, the old Western Auto Store, Liberty Theatre, and two properties next door to the Specialty Kitchen. Some of the projects are outside the boundary. Ms. Garcia mentioned the need to expand the boundaries to accommodate these requests. Projects currently in process include Viera's Bakery, Super Mex, and Meximuebbles. Chairman Cruz mentioned the carryover amount from the prior year CDBG funds. Ms. Garcia stated the property owners are "Mom and Pop" type businesses who need to save up for the fagade improvements. Absentee landlords were mentioned as the property owners that only want to collect the rent and not improve their fagade. Commissioner Lukins questioned if the facades already in process would be complete this year. Ms. Garcia stated yes. They are meeting with the architects and property owners to finalize the plans for the facades. Commissioner Lukins questioned staff on the process to expand the boundary as requested. Mr. White stated staff would be the contact to this request. Chairman Cruz stated if the facades in process are finalized and the allocations spent then maybe next year her proposal would be funded. Luisa Alaniz, Charity Training Center, stated she is aware the requested amount is more than allowable with budget monies, and presented a letter with documents regarding the Phoenix Gang Intervention and Prevention program. Ms. Alaniz, stated the revised request is for $80,000, or any monies left over from the 2011 Allocations to start their company. There was some discussion regarding training programs available, and working with Dave Reardon, Gang Task force, etc. Chairman Cruz asked if she had applied to other funding sources. Ms. Alaniz stated she is applying for many grants, one in particular, the Endowment of the Arts grant. Chairman Cruz stated that private agencies should be able to present a track record or enough money to match to make sure the project moves forward, and cited Jericho Roads Ministries efforts over the past two-years as an example. Commissioner Anderson questioned Ms. Alaniz on her awareness of other efforts such as the Boys &, Girls Club and the city's Recreation programs. Ms. Alaniz stated yes. Commissioner Anderson stated from his knowledge of the programs in the community and the effort that the community has made over the last 15-20 years to fight gangs, that there has put a lot of effort in this and there is always more to do. He recommended she take her energies and invest them in the programs that are already up and running and successful. Ms. Alaniz stated she is not planning to work with the same type of adolescents that are in existing programs. She is working with others that do not qualify for those programs. The program has not been developed before and there is no great statistics or bearing for the program. She can provide statistics from other states. Her intent is to build a custom program for our community. Commissioner Anderson stated the Block Grant Program is not the right avenue for this type of program. He suggested she write grants to other agencies which fund this type of program. Chairman Cruz stated the burden of proof is higher for a program such as this. The object is to deploy money to programs to meet an in immediate need. Commissioner Hay stated he supports staff's recommendation. Chairman Cruz stated he also is in support. Commissioner Hay moved, seconded by Commissioner Anderson, the Planning Commission recommend the City Council approve the use of funds for the 2011 Community Development Block Grant Program as set forth in the "2011 Fund Summary" as recommended by staff. AGENDA REPORT FOIL: City Council July 19, 2010 TO: Gary Crutchfie Manager Workshop Mtg.: 7/26/10 FROM: Stan Strebel, eputy City Manage SUBJECT: Recommendation of the Regional Facilities Oversight Committee I. REFERENCE(S): 1. Executive Summary 2. Study of Potential Regional Centers 3. Memorandum on Implementation of Regional Center Projects 4. Substitute House Bill 2525 (2010 Regular Legislative Session) 5. Interlocal Cooperation Agreement 6. Bylaws—Tri-Cities Regional Public Facilities District 7. Regional Facilities Oversight Committee Participants S. Estimated Budget/Timetable 9. Proposed Resolution [Attachments in Council packets only; copy available for public review in the City Manager's office, the Pasco Library or on the city's webpage at http://www.pascg- Wa1,J�OV/WCL)apPICitXCOLLncilropQi-ts (dated 6/28/10).] 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/26: Discussion 8/16: MOTION: I move to approve Resolution No. authorizing an Interlocal Agreement among the cities of Kennewick, Richland and Pasco for the creation of the Tri-Cities Regional Public Facilities District and, further, authorize the Mayor to sign the agreement. 111. FISCAL IMPACT: Operational Costs: NTE $3,000 for 2010; NTE $16,666 per year for 2011-2014. Project Planning Expenses: NTE $33,333 IV. HISTORY AND FACTS BRIEF: A) The Regional Facilities Oversight Committee, with representatives of the three City Councils (Mayor Watkins and Ms. Francik) and a Public Facility District representative from each of the three cities (John Merk), has been meeting since 2006 to assess the need and identify specific projects as potential regional centers. B) Following analysis of possible funding and implementation vehicles, the committee determined the use of the sales tax as the most equitable and preferred funding mechanism and the creation of a regional or Tri-Cities area public facilities district as the most viable organizational tool for regional centers. C) In the 2010 state legislative session, a bill (House Bill 2525) was passed (and subsequently signed into law) which allows for the formation of a "Regional Public Facilities District" (RPFD) by the cities. D) The committee has prepared a summary of its activities and has drafted an Interlocal Cooperation Agreement and Bylaws for the formation and governance of the 'Fri-Cities Regional Public Facilities District. Approval of the Interlocal Agreement, by each of the cities, is recommended by the committee and will create the RPFD. 4(e) E) Specific points with respect to the proposed RPFD are: 1. Becomes a separate governmental unit, subject to the law and the authority as outlined in the Interlocal Agreement and Bylaws. 2. The RPFD Board of Directors must be made up of members of the respective city council and city public facilities district boards (three total from each city), 3. The RPFD can construct/acquire/operate regional centers (including conference, convention or performing arts) as well as recreational facilities (aquatic center). 4. The voters of the RPFD must approve any sales tax imposition intended to finance a proposed regional center. F) A proposed budget/timetable for the RPFD is attached. It is possible that the RPFD, formed sometime this year, could propose a project for voter consideration in the fall of 2011. V. DISCUSSION: A) Discussion at the July 12 workshop revealed a typographical error in Section 2.02; that correction has been made to the agreement. In addition, some concern was expressed about the ability of a City Council to remove any of its appointees to the RPFD Board, without a specified cause, The Oversight Committee consciously recommended the proposed language, recognizing the need for the RPFD to reflect the will of the respective City Council. Moreover. the Richland and Pasco PFD charters use similar language. If any change is made, staff suggests the authority of the City Council to remove an appointee remain broad, so it is likely to be accepted by the other two cities. B) The second paragraph of Section 2.02 can be revised by the deletion of"for any reason", Doing so softens the statement of authority without diminishing its effect. Representatives from both Kennewick and Richland have acknowledged such a change would likely be accepted by their city councils. C) It is expected that Richland will discuss the proposal at its August 3 meeting and that all three cities will be prepared to take final, formal action the week of August 16. INTERLOCAL COOPERATION AGREEMENT (TRI-CITIES REGIONAL PtiBLIC FACILITIES DISTRICT) This is an Interlocal Cooperation Agreement (Agreement) among the Cities of Kennewick, Pasco and Richland, Washington, ("Cities") pursuant to RCW 39.34 and RCW 35.57 for creation of the Tri-Cities Regional Public Facilities District (TCRPFD) and related financing, development, ownership and operation of one or more Regional Centers or Recreational Facilities to serve the Tri-Cities area in Benton and Franklin Counties. WHEREAS, RCW 39,34 authorizes Cities in the State of Washington to enter into agreements for the joint and cooperative exercise of certain powers, privileges and authority; and WHEREAS, the Cities have jointly formed the Tri-Cities Regional Oversight Committee for the purpose of evaluating the possible need for regional facilities and the alternative methods for approval, funding and management of such facilities; and WHEREAS, as a result of the efforts of the Oversight Committee, the Legislature has approved amendments to RCW Chapter 35.57, the City Public Facilities District Act, allowing for the creation of regional public facilities districts; and WHEREAS, RCW 35.57.010 now authorizes three or more contiguous cities, with a combined population of at least one hundred sixty thousand, each having previously created a Public Facilities District (PFD), to create a Regional Public Facilities District (RPFD); and WHEREAS, RCW 35.57 authorizes RPFDs to develop and operate one or more Regional Centers defined as "a convention, conference or special events center, or any combination of facilities, and related parking facilities, serving a regional population constructed, improved, or rehabilitated after July 25, 1999, at a cost of at least ten iniflion dollars, including debt service;" and further authorizes RPFDs to develop and operate one or more Recreational Facilities (other than ski areas); and WHEREAS, each of the Cities of Kennewick, Pasco and Richland have created PFDs consistent with the statutoiy authority of RCW 35.57; and WHEREAS, RC-1A7 82.14.048 authorizes a RPFD governing board to submit an authorizing proposition to the voters of its district and, if the proposition is approved by a majority of persons voting, to levy a sales and use tax at the rate of up to 0.2% in addition to other taxes authorized by law; and WHEREAS, the Cities of Kennewick, Pasco, and Richland have mutually agreed to create the Tri-Cities Regional Public Facilities District, ("TCRPFD") to fund and operate one or more regional centers or recreational facilities (hereafter a "Regional Center or Regional Centers") serving all three Cities and benefiting the entire Tri-Cities area; I terlocal Agreement—Tri-Cities Regional Public Facilities District Page 1 NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: ARTICLE I: DEFINITIONS Section 1.01 Interpretation As used in this Agreement, the following teens have the meanings provided by Article 1. Words imparting the singular number shall include the plural number and vice-versa unless the context shall indicate otherwise. Initials used in this Agreement are as defined with teens indicated with Section 1.02 Definitions. Section 1,02 Definitions (A) Agreement refers to this Interlocal Cooperation Agreement except as may be defined separately in conjunction with other related agreements. (B) Cities paeans the Cities of Kennewick, Pasco and Richland, which have agreed to cooperatively and jointly create the TCRPFD for the purposes of funding, constructing and operating one or more Regional Centers described by this Agreement. (C) Regional Center shall have that meaning set forth in RCW 35.57.020(1)(a)and(b). (D) TCRPFD means the Tri-Cities Regional Public Facilities District. ARTICLE II: REGIONAL PUBLIC FACILITIES DISTRICT CREATED Section 2.01 Pursuant to RCW Chapter 35.57.010(1)(e) (the "City PFD Act"), there is hereby created a regional public facilities district, which shall be called the Tri-Cities Regional Public Facilities District (the "TCRPFD''), coextensive with the boundaries of the Cities, with the powers and authority set forth in the City PFD Act, The TCRPFD is established for the purpose of acquiring, constructing, owning, remodeling, maintaining, equipping, re-equipping, repairing, financing, operating one or more Regional Centers and/or participating with any other qualified public facilities district in a cooperative and joint development of a Regional Center in the Tri-Cities area by interlocal agreement. The TCRPFD shall have all of the powers available to a public facilities district created pursuant to RCW 35.57.010(1)(e). Section 2.02 Board of Directors The Board of Directors ("Board") of the TCRPFD shall consist of nine members, three members from each city, selected and appointed by the respective City Councils of the Cities, as required by RCW 35.57.010(3)(d). Each member of the Board shall be either a member of the City Council or a member of the governing board of the Public Facilities District of the respective city. The Board members shall serve three-year terms. Of the initial members, one member from each city will be appointed for a one-year terra, one will be appointed for a two-year term, one will be appointed for a three-year terra. interlocal Agreement—Tri-Cities Regional Public Facilities District Page 2 If it is determined by the City Council of any city, for any reason, that any or all of its appointed Board members should be removed from office, that Council may by resolution remove the Board membcr(s) from office effective the date designated in the resolution. Vacancies shall be tilled by appointment by the respective City Council, and the person appointed to fill a vacancy shall serve for the remainder of the unexpired term of the office for the position to which he or she was appointed. All corporate powers of the TCRPFD shall be exercised by or under the authority of the Board; and the business, property and affairs of the TCRPFD shall be managed under the direction of the Board, except as may be otherwise provided for by law herein, or in the Charter. Section 2.03 Organizational Meetin The TCRPFD shall be established effective . Within 60 days after such date, the Board shall hold an organizational meeting, written public notice for said meeting which shall be given at least ten days in advance and to each Board member, unless waived in writing. At such meeting, the Board shall organize itself, may appoint officers, and shall select the TCRPFD's place of business. Section 2.04 Joint Board There is established a Joint Board consisting of the City Managers of each of the Cities to administer the joint undertaking set forth herein and administer this Agreement and to take any and all such administrative actions as may be necessary or desirable to accomplish the creation of the TCRPFD. ARTICLE III: POWERS, DUTIES AND LIMITATIONS OF TCRPFD Section 3.01 Powers. (A) The TCRPFD shall have and may exercise all lawful powers conferred by State law and its Bylaws subject to the following limitations: (1) The TCRPFD shall have no independent power of eminent domain. (2) Without the express authorization of a City by ordinance: (i) TCRPFD may not incur or create any liability that permits recourse by any person to any assets, services, resources, or credit of the Cities; (ii) all liabilities incurred by the TCRPFD shall be satisfied exclusively from the assets and credits of TCRPFD; (iii) no creditor or other person shall have any recourse to the assets, credit, or services of the Cities on account of any debts, obligations, liabilities, acts, or omissions of the TCRPFD. (3) All revenue, receipts, assets, or credit of the TCRPFD shall be applied toward or expended upon services, projects, and activities authorized by State law and this lnterlocal Agreement; and Interlocal Agreement--Tri-Cities Regional Public Facilities District Page 3 (4) The TCRPFD may contract with one or more of the Cities or other qualified vendor for all support staff, support services, and other forms of assistance or services as may be necessary. (B) The TCRPFD shall have the authority to acquire, hold and dispose of real and personal property. (C) The TCRPFD shall be authorized to establish a special fund with one of the Cities designated "Operating Fund of Tri-Cities Regional Public Facilities District." (D) The TCRPFD shall prepare, maintain and provide to each of the respective City Councils a written financial and activities report not less than quarterly, and otherwise as directed by the Councils. (E) The TCRPFD shall not submit any proposition to the voters that has not been approved by a majority of the members of the Board of Directors representing each of the Cities, Section 3.02_ BA _ The Board may maintain rules of procedure and governance of its activities through its Bylaws. The power to alter, amend, or repeal the Bylaws or adopt new Bylaws shall be vested in the Board, except the Bylaws shall be consistent with this Agreement which shall prevail over any conflict therein. Section 3.03 Apiplicability of Public Laws TCRPFD activity shall as required by law, comply with the Open Public Meetings Act and other provisions of State law applicable to municipal corporations, Section 3.04 Conflict of Interest No member, official, or employee of any party to this Agreement shall have any personal interest, direct or indirect, in the subject matter of this lnterlocal Cooperation Agreement, nor shall any such member, official or employee participate in any decisions relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which she or he is directly or indirectly interested. Section 3.05 Public Participation Public participation will be a key element of project planning for the Tri-Cities Regional Public Facilities TCRPFD. Prior to the selection of any Regional Center Project. the TCRPFD shall prepare and implement a public participation process including consideration of the formation of an ad hoc advisory conimittee(ies) for the purpose of receiving public input and providing information on the proposed Regional Center, including, as appropriate, the anticipated cost, scope of operations, alternative sites, and funding; and for the gathering of public comment on such proposed Regional Center. Interlocal Agreement—Tri-Cities Regional Public Facilities District Page 4 ARTICLE IV: FUNDING Section 4.01 Staruul! Funding Startup costs for operational expenses (administration, legal counsel, insurance, etc.) shall not exceed $50,000 per year without prior approval of the Cities, Project planning costs (concept and design, election, etc.) shall not exceed $100,000 without prior approval of the Cities. Startup and project planning costs will be divided equally between the Cities. Section 4.02 Capital Funding Capital costs refer to the costs of development, which may include, but are not limited to, design, permitting, acquisition, construction, demolition, improvements, or rehabilitation of a Regional Center- facility. It is anticipated that capital costs for funding a Regional Center will come from sources which may include any or some combination of the following: (A) General obligation or revenue bonds to be issued by or on behalf of the TCRPFD, repaid in full or part by sales tax proceeds over a multi-year period at a rate of up to 0.2% as approved by the voters of the TCRPFD and as limited by RCW 35.57 and RCW 82.14,048, (B) Funding resources consistent with RCW 35.57 for a Regional Center such as charges and fees for use of its facilities; gifts, grants, and donations for the purposes of a Regional Center. (C) Other sources available to TCRPFD for Regional Center construction and/or operation costs including a tax on admissions (up to 5%), vehicle parking charges, vehicle parking taxes (up to 10%).The TCRPFD shall not levy property taxes or submit a ballot proposition for voter authorization on property taxes without receiving approval by the City Council resolution of each of the Cities. Section 4.03 Oper ioAs Fulndin Funding of annual operating costs for the Regional Center may include any or some combination of the following: (A) The portion of 'TCRPFD sales tax proceeds as approved by the voters that are not committed to delft repayment or other capital costs. (B) Other sources consistent with RCW 35,57 including, but not limited to: admission charges and user fees, a tax on admissions, vehicle parking charges, and vehicle parking taxes; charges and fees for use of Regional Center facilities; gifts, grants, and donations for the purposes of a Regional Center. (C) Funding made possible via contracts with one or more public or private entities contracted for the operation or management of the Tri-Cities Regional Center, or any portion thereof. Interlocal Agreement—Tri-Cities Regional Public Facilities District Page 5 ARTICLE V. AGREEMENT DURATION AND MODIFICATIONS Section 5.01 Term of Agreement This Agreement shall tame effect on the date of its execution by all signatories hereto and shall remain in effect in perpetuity or until terminated by the parties hereto consistent with the terns of this Article. This Agreement shall be listed on each party's website or other electronically retrievable public source as provided by RCW 39.34.040. Section 5.02 Agreement.Amendment This Agreement may be amended for any reason throughout its duration, subject to the approval of each of the participating Cities in the same form as originally approved, and if after the formation of the TCRPFD, subject to the acceptance by the TCRPFD Board. Section 5.03 Dispute Resolution Should a dispute arse over any issue concerning the implementation or interpretation of this Agrectnent, the City Managers of each of the Cities shall first meet in a good faith attempt to resolve the dispute. In the event the dispute is not resolved by the City Managers, the dispute may be submitted to mediation, and if still not resolved, shall be submitted for by binding arbitration pursuant to RCW 7.04A, as amended; the Mandatory Rules of Arbitration and the laws of the State of Washington shall apply; venue shall be placed in the Superior Court of Benton County and the prevailing party/parties shall be entitled to its reasonable attorney fees and costs. For the purposes of this section, any actions or decisions made by the City Managers shall be subject to ratification by the respective City Councils. Section 5.04_Agreement Termination It is the intent of the Cities to provide an adequate opportunity for the TCRPFD to initiate a regional center project, but not to continue the TCRPFD, in the absence of a project, for an unreasonable period of time. Therefore, notwithstanding any provisions to the contrary, this agreement may not be terminated prior to January 1, 2015 without the agreement of each of the Cities. After January 1, 2015, this Agreement may be terminated for reasons including but not limited to the following: (A) A resolution calling for termination passed by the City Council of one of the Cities. {B) Transfer of the capital and operating responsibilities of the Tri-City Regional Center to another public or private organization as mutually agreed by the Cities providing funding to the Regional Center. (C) Completion of debt repayment as mutually agreed by the Cities providing funding to the Regional Center. Interlocal Agreement—Tri-Cities Regional Public Facilities District Page 6 (D) Other reasons as may be iutually agreed by the Cities providing funding to the Center, subject to assurance of ongoing sustainable operation of the Regional Center subsequent to termination of this Agreement. (E) Notwithstanding the foregoing, this Agreement may not be tertninated nor may the TCRPFD he dissolved if such action would impair any existing contracts to bond holders or others. Section 5.05 Dissolution Process Uuon Terminatig (A) If the Board makes an affirmative finding that dissolution is necessary or appropriate because the purposes of the TCRPFD may not be fulfilled for any reason, the Board may adopt a resolution requesting the Cities to dissolve the TCRPFD. (B) Upon termination as provided in Section 5.05 above, the TCRPFD Board shall file a dissolution statement with each of the City Clerks of the Cities setting forth: (1) The name and principal office of the TCRPFD; (2) The debts, obligations and liabilities of the TCRPFD, including conditions of grants and donations, and the property and assets available to satisfy the same; the provisions to be made for satisfaction of outstanding liabilities and peribYmance of executory contracts; and the estimated time for completion of its dissolution; (3) Any pending litigation or contingent liabilities; (4) The Board resolution requesting such dissolution and the date(s) and proceedings leading toward its adoption, whenever the dissolution be voluntary; (5) A list of persons to be notified upon completion of dissolution; and (6) Dissolution plan subject to approval by each City Council. (C) The Cities intend that disposition of real or personal property assets will be determined in the following order of priority: (1) As stipulated in the Development and/or Operating Agreements negotiated subsequent to the date of this lnterlocal Cooperation Agreement. (2) As determined by agreement of the signatories hereto based on tenns of the termination process as may be mutually agreed by all participating Cities. (3) Transfer to the City in which the Tri-Cities Regional Center is located,if items (1) and (2)prove to be not applicable. (4) Provision for ongoing accounting of funding, operating income and expenses; assets, and liabilities shall survive this Agreement pending disposition pursuant to the specifications of this Section, Interloeal Agreement—Tri-Cities Regional Public Facilities District Page 7 (D) The dissolution plan will be administered in accordance with RCW 53.48 under the jurisdiction of the Benton County Superior Court, ARTICLE VI: ENTIRE AGREEMENT This agreement contains all the terns and conditions agreed upon by the Cities. All items incorporated by reference are attached. No other understandings, verbal or otherwise, in regards to the subject matter of this agreement shall be deemed to exist. Any modifications to this agreement shall be in writing and signed by each of the Cities to be effective. ARTICLE VII: AGREEMENT AUTHORIZATION This Interlocal Cooperation Agreement (Agreement) shall take effect on the date of its execution and is governed by the respective laws of the State of Washington. In the event that any portion of this Agreement is deemed invalid, the remainder of the Agreement shall remain in full force and effect. For purposes of this Agreement, authorization is subject to approval by ordinance, resolution or otherwise pursuant to law enacted by each of the City Councils of the participating Cities. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of this day of - 2010. CITY OF KENNEWICK APPROVED AS TO FORM Steve Young, Mayor Lisa Beaton, Attorney CITY OF PASCO Matt Watkins, Mayor Lee Kerr, Attorney CITY OF RICHLAND John Fox, Mayor Toni Lampson,Attorney Interlocal Agreement—Tri-Cities Regional Public Facilities District Page 8 RESOLUTION NO. A RESOLUTION authorizing an Interlocal Agreement among the cities of Kennewick, Richland and Pasco; Washington for the creation of the Tri-Cities Regional Public Facilities District. WHEREAS, RCW 39.34 authorizes cities in the state of Washington to enter into agreements for the joint and cooperative exercise of certain powers, privileges and authority; and WHEREAS, the cities of Kennewick, Richland and Pasco have responded to citizens' expressed interest for realizing one or more "regional centers" such as an aquatics facility or a performing arts center, and; WHEREAS, the Tri-Cities Regional Oversight Committee has studied alternatives to funding and managing regional centers and has made the recommendation for the formation of a "Tri-Cities Regional Public Facilities District" (TCRPFD), and; WHEREAS, the Pasco City Council supports the formation of the TCRPFD as the preferred organizational vehicle to present the question of funding one or more regional centers to the voters; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1: That the City Council adopts the Interlocal Agreement for the creation of the Tri-Cities Regional Public Facilities District and, further, authorizes the Mayor to sign the Interlocal Agreement. Passed by the City Council of the City of Pasco this day of 2010. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council July b, 2010 TO: Gary Crutchfield, City Manager Workshop Mtg.: 7/26/10 Regular Mtg.: 8/2/10 FROM: Stan Strebel, Deputy City Manager SUBJECT. Disposal of Surplus Firearms I, REFERENCE(S): 1. Proposed Resolution II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 7/26: Discussion 8/2: MOTION: f move to �ipprove Resolution No. , providing guidelines for the sale of surplus firearms. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) City Ordinance No. 3820 (PMC Section 2.46.080) authorizes the City Manager to dispose of surplus items valued at less than $500/ea. (Council authorization is required for disposal of items in excess of$500.) B) Notwithstanding the authorization cited above, due to the special concerns regarding disposal of surplus firearms, staff has continued to seek Council approval for surplus firearms disposal, C) As a consistent pattern for disposal of firearms has now been developed over several years, it seems prudent to formally adopt the process and authorize staff to administer the sale of qualifying items accordingly, D) The attached proposed resolution authorizes the City Manager to dispose of surplus firearms of less than $500 in value by local auction through a licensed firearms dealer pursuant to law and consistent with past practice. V. DISCUSSION: A) Staff'recommends approval of the resolution. 4(f) Resolution No. A Resolution of the City of Pasco, Washington, providing guidelines for the sale of surplus firearms pursuant to Chapter 2.46 of the Pasco Municipal Code. WHEREAS, the City Council of the City of Pasco, Washington, has adopted procedures and requirements for the sale of City property as Chapter 2.46 of the Pasco Municipal Code; and WHEREAS, the City Council has determined that additional specific procedures and requirements for the sale of surplus firearms are desirable. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO RESOLVE AS FOLLOWS: Section 1: Firearms with an estimated value of less than $500/each may be declared surplus by the City Manager and disposed of by local auction through a licensed federal firearms dealer on such terms and conditions that are in the best interest of the City. Passed by the City Council of the City of Pasco this day of , 2010. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council July 19, 2010 TO: Gary Crutchfi i Manager Workshop Mtg.: 7/26/2010 Regular Mtg.: 8/2/2010 FROM: Rick Terway, it rninistrative & Community Services SUBJECT: Professional Services Agreement for Park and Recreation Plan Update I. REFERENCE(S): 1. Proposed agreement. H. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 7/26: Discussion 812: MOTION: I move to approve the Professional Services Agreement with Studio Cascade for the Comprehensive Park and Recreation Plan update and, further, authorize the City Manager to execute the agreement, III. FISCAL IMPACT: $25,000 Unexpended non-departmental capital improvement funds IV. HISTORY AND FACTS BRIEF: A) To remain eligible for grant funds from the State of Washington Recreation and Conservation Office (RCO) we are required to update our Park and Recreation Comprehensive Plan every 5 years. The last update was 2005. B) The city has been successful in receiving RCO grants for Sylvester Park, Softball Complex and Highland Park projects. C) Request for Quotes were sent out and we received ten (10) responses. Studio Cascade scored in the top end of the rating. V. DISCUSSION: A) Staff recommends contracting with Studio Cascade from Spokane. They are the same consultant the city used for the 2005 update and are very knowledgeable about what it takes to remain eligible for grant funding. Staff feels that using the same consultant will provide continuity in the process and save dollars by not having to rehash old issues. 4(g) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and STUDIO CASCADE, INC., William Grimes Principal, hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide professional services with respect to the City Parks Recreation and Open Space Plan; and WHEREAS, the City must update its Parks and Recreation Plan to remain eligible for grant awards through the Washington Recreation and Conservation Funding Board; and 'WHEREAS, the Consultant has the expertise necessary to create a plan that will meet Recreation and Conservation Office guidelines and adequately support potential grant applications; NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scone of work. The scope of work shall include all services and material necessary to accomplish the above stated objectives and those items more specifically identified in Exhibit A. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the contract is terminated through default by the contractor. If the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. Professional Services Agreement Park Plan- 1 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be as set forth on the fee schedule found in Exhibit B, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of Twenty-Five Thousand Dollars ($25,000.00), without prior written approval by the City. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and within the schedule outlined in Exhibit B. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnitees from: A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services under this Agreement, or from conditions created by the Consultant performance or non-performance of said work or service. Consultant shall not be required to indemnify the City for injury, damages, and liabilities as shall have been occasioned by the sole negligence of the City. 6. General and professional liabi%X insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy Professional Services Agreement Park Plan-2 of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and $1,000,000 aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City, The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of tl-�s Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. $. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose, Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City, 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and the Exhibits attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A and Exhibit B, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees, The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract, For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from Professional Services Agreement Park Plan-3 the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence. In the event of a dispute regarding the enforcement, breach, default or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and costs. In the event any provision of this Agreement is deemed to be unenforceable, the other provisions of the Agreement shall remain in full force and effect. 16. Notices. Notices to the City of Pasco shall be sent to the following address: Rick Terway, Director City of Pasco PO Box 293 Pasco WA 99301 Notices to the Consultant shall be sent to the following address: William Grimes Studio Cascade, Inc. 117 W. Pacific Ave., Ste 200 Spokane, WA 99201 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails,with proper postage and properly addressed. DATED THIS DAY OF ,20 CITY OF PASCO CONSULTANT: By: By: Gary Crutchfield, City Manager Signature, Printed Name and Title ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney Professional Services Agreement Park Plan -4 EXHIBIT A Pasco Parks , Recreation and Open Space Plan Scope of Work The City of Pasco must update its Parks and Recreation Plan to remain eligible for grant awards through the Washington Recreation and Conservation Funding Board (RCFB). The Recreation and Conservation Office (RCO)has established guidelines to help jurisdictions prepare parks and recreation plans,ensuring that the plans meet the agency's planning requirements and adequately support potential grant applications for parks and recreation projects. Pasco's current parks and recreation plan is approximately six years old and is due for updating. New planning policies adopted by the RCFB in 2007 will apply to Pasco's updated planning process. Wade the overall format may not be much changed from the existing plait, there may be opportunities to explore additional grant eligibility through this process, Task 1 - Baseline This task will involve a series of stakeholder interviews and assembly of current parks,recreation and open space data relevant to this process. We will conduct up to three days of stakeholder interviews,at a location to be arranged by City staff. The City will identify appropriate stakeholders and schedule interview appointments. We will also prepare a project base map,using digital GIS data provided by the City, We will also review available demographic information and Pasco's recent planning efforts,creating a broader understanding of the community. Task 2 - Goals and Objectives This task will produce updated goals and objectives based initially on the stakeholder interviews, conversations with staff and a review of the existing plan. We will submit draft goals and objectives to staff for its review and for discussion with the City's parks and recreation board. We will continue to refine the goals and objectives as necessary to respond to the City's direction and to public comments submitted during the process. Task 3 - Inventory This task produces a comprehensive inventory of Pasco's parks,recreation programs and public open spaces, detailing location, facilities and characteristics to fulfill the RCO's inventory requirements. We will coordinate with the City to ensure the inventory's format and contents satisfy the community's needs and adequately state Pasco's parks,recreation and open space condition and context. Task 4 - Public Engagement This task designs and implements a public outreach process to engage Pasco's residents and businesses in the plan's preparation. We will work with the City to implement a variety of outreach techniques,including a project website,a public workshop/open house,and two public work sessions with the parks and recreation board. We will also prepare an informational brochure for distribution to community members involved in Pasco's recreation programs. At the outset of the project we will propose a draft engagement schedule for the City's review and approval, detailing outreach activities and linking them to the process'progress. Task 5 - Demand and Need Analysis This task will outline the community's parks and recreation priorities,identifying whaL the community wants and needs and how the process led to these conclusions. The process will draw from work done on the existing plan,results from stakeholder interviews, an analysis of facilities condition from our inventory and inferences from the public engagement process. We also expect to solicit guidance from the parks and recreation board to refine the demand and need analysis,using outcomes from that work session to inform the public open house. Task 6 - Capital Improvement Program This task produces a capital improvement program (CIP) listing land acquisition, development,renovation and restoration projects. Each project will be listed by year of implementation and will include anticipated founding sources and approximate cost. We will list each project conforming to the RCO format, ordering them in terms of community priority. We expect to enlist the help of the parks and recreation board to prioritize the CIP projects,using the aecond work session with them to produce the final list Task 7 - Adoption This task, to be managed by the City,includes the process to gain City Council approval of the parks and recreation plan. We vall produce a final draft plan based on products of the si_x preceding tasks, delivering to the City a digital copy of the plan in a format to be specified by the City. We will be available to assist the City as necessary with plan edits and meeting attendance. EXHIBIT B Pasco Parks , Recreation and Open Space Plan Schedule The update to the Parks and Recreation Plan will be developed according to this approximate schedule,with work beginning on or about August 1. Precise dates for meeting with the Parks Board or other City commissions, boards and councils will be established in concert with City staff and map impact the project's final completion date. This schedule anticipates a final draft being submitted to the City by the week of December 18, 2010. I I N N 00 x cc oo co a a o. a — - .. i 1—Baseline 2—Goals and objectives 3-Inventory I 4—Public engagement 5—Demand and need analysis G—Capit-al improvement program 7—Adoption AGENDA REPORT FOR: City Council July 20, 2010 TO: Crary Crutchfie Manager Workshop Mtg.: 7/26,110 Regular Mtg,: 8/2110 FROM Robert Gear, Fire Chief SUBJECT: Self Contained Breathing Apparatus Purchase I. REFERENCE(S): 1. Resolution 3259, Sole Source Purchase 2. Purchase Quotation from SeaWestern 11. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 7126: Discussion 8/2: MOTION: 1 move to approve the purchase of MSA Self Contained Breathing Apparatus (SCBA) from SeaWestern Fire Fighting Equipment in the sum of$159,480 plus applicable tax and, further, authorize the City Manager to sign such purchase order. 111. FISCAL IMPACT: $50,000 (approximately) City Funds $109,200 Federal Funding IV. HISTORY AND FACTS BRIEF: A) The 2010-2015 CIP identified the need to replace the current SCBA by 2013 due to age. As funding for this replacement was not yet identified the City Manager approved seeking grant funding prior to the replacement date. The first grant funding application was submitted in 2009 and the city was successful in securing federal Homeland Security funding assistance. B) The Pasco fire department uses an SCBA that is peculiar to this agency and not one used by all neighboring agencies. This difference can lead to operational issues with neighboring agencies when operating together. In its worst case, it could delay the rescue of a downed firefighter due to incompatibility issues. C) Current model SCBA must be shipped to Seattle for maintenance and repair. By purchasing SCBA common to neighboring agencies, we will be able to join a repair and maintenance cooperative with approximately 12 other fire agencies. This will reduce cost and "out of service"time far our equipment. V. DISCUSSION: A) The city's share of the projected purchase will come from the fire and ambulance operating budgets, B) We will replace 27 SCBA, 17 spare bottles and 50 individual mask face pieces. C) The SCBA units assigned to the Aircraft Rescue and Firefighting vehicles will be an expense of the Port of Pasco. 4(h) RESOLUTION NO. A RESOLUTION APPROVING THE PURCHASE OF SCBA FROM SEA-WESTERN FIRE FIGHTING EQUIPMENT WHEREAS, Washington law provides an exemption from competitive bidding requirements required of municipal corporations for awarding contracts for public works involving purchases that are clearly and legitimately limited to a single source of supply [RCW 39.04.280 (1) (a)]; and WHEREAS, the Fire Department needs to replace its Self Contained Breathing Apparatus(SCBA); and WHEREAS, Washington law requires that in the event a contract must be awarded without competitive bidding due its nature as a sole source item, that the City Council must first authorize use of the sole source by Resolution; and WHEREAS, the Council of the City of Pasco hereby determines that the paramount considerations in the acquisition of SCBA are the safety of the firefighters utilizing the equipment and the interoperability with other agencies. Use of the same type of equipment by mutual aid departments allows interoperability with those departments, and promotes safety and efficiency. Furthermore, most of these departments have formed an air group in an effort to reduce expenses and cooperate in the repairs and maintenance of this type of SCBA units; and WHEREAS, MSA USA allocates to its dealers exclusive territory and, therefore, there is only one dealer from which the City can purchase this type of SCBA. The dealer for this area is Sea-Western Fire Fighting Equipment of Kirkland, Washington. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL. OF THE CITY OF PASCO, hereby authorizes the purchase of SCBA from Sea-Western Fire Fighting Equipment as the sole source upon such price, terms and conditions as the City Council hereafter approves. APPROVED by City Council of the City of Pasco, Washington, this 19th day of July, 2010. Matt Watkins, Mayor AT ST: APPR S TO FORM: Debra L. Clark, City Clerk Leland S. Kerr, City Attorney ,A'RSEAWESTERN !1`IRF FIGHTING EQUfPMENT P.O. Box 51, Kirkland, Washington 980831 Phone(425)821-58581 Fax(425)823-06361 Toll Free 1-800-327-5312 www,seawestera.com I E-mail:jE!a s�rn com Q U OT AT I ON . TO: Pasco Fire Department DATE: 7/13/10 310 N. Oregon Pasco, WA. 99301 ATTN., Chief Robert Gear Replying to your inquiry For MSA SCBA Pricing we are pleased to quote as follows: ITEM NO. QTY DESCRIPTION UNIT PRICE EXTENSION 1. 27 MSA FireHawk M7 Breathing Apparatus $3,550.00 $95,850-00 Including AirFrarne, Carrier Harness, Pneumatics, Integrated PASS Alarm, Heat Sensor, HUD Transmitter, 30 minute rated Carbon Cylinder. Options to the above offering at time of SCBA purchase; A. 17 $550.00 $9,350.00 Cylinders; Add $550.00 per additional 30 minute cylinder $240.00 B. 27 Quick-Fill Chest Mounted Fitting Option $6480.00 Add $240.00 per SCBA C. 27 Chest Strap Option; Add $25.00 $25.00 $675.00 D. 27 Lumbar Pad Option; Add $125.00 $125.00 $3,375.00 E. 50 UttraElite Facepiece with nosecup; Add $250,00 % For neckstrap Add $15.00 additional $250.00 $12,500.00 F. 50 HUD Receivers for mask; Add $250.00 $250.00 $12,500.00 G. 50 Clear Command Amplifiers for Mask; Add $375.00 $375.00 $18,750.00 FOB: Pasco, WA. TERMS: Net on Receipt DELWERY: 30 -60 Days after receipt of order Sea Western, Inc. By: Brian Morris PLUS ANY PASCO APPLICABLE SALES TAX AGENDA REPORT FOR: City Council July 21, 2010 TO: Gary Crutchfiel C' ger Workshop Mtg.: 7126/10 Regular Mtg.: 8/2/10 FROM: Lynne Jackson, uman Resources Manager SUBJECT: Bargaining Contract for Uniformed Police Department Represented Employees I, REFERF,NCE(S): 1. Proposed Collective Bargaining Agreement 2. Memorandum of Agreement (Council packets only; copy available for public review in the Human Resource office, the Pasco library or on the city's webpage at h tp-.// w• pisico- wa.gov/webapli/citycoLincilreriorts) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7126: DISCUSSION 812, MOTION: I move to approve the Collective Bargaining Agreement with the Pasco Police Officers Association, uniformed employees, for years 2008-2010 and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Increases annual cost of police operations by approximately $450,000 IV. HISTORY AND FACTS BRIEF: The previous contract terminated December 31, 2007. V. DISCUSSION: The city and representatives of the uniformed employees in the Police Department who are represented by PPOA (all police officers) have reached tentative agreement on a new, three-year contract. The bargaining unit has voted to approve it. Following is a listing of the significant changes; • Effective January 1, 2008: 1.5% increase for all represented, uniformed employees Effective July 1, 2008: 1.5% increase Effective January 1, 2009: 1.5% increase Effective July 1, 2009: 1.5% increase Effective January 1, 2010: 2.0% increase • Officers to pay 10% of their medical premium but not more than 2%/month of the "36+ month officer" pay step. • Officers and their dependents will participate in the City's vision plan with the same terms/conditions/premiums as applied to other City employees. The current vision reimbursement for officers will discontinue. • The City will institute a new 10-hour/40-minute work schedule as described in the Memorandum of Agreement between the City and the Pasco Police Officers' Association. Staff recommends Council ratification of the Agreement. 4(i)