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
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PARCEL ROW AREA PARCEL NUM R OWNER ADORE S PARCEL ROW AREA PARCEL NUMBER OWNER ADDRESS
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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)